FOOD CORPORATION OF INDIA

ENGINEERING DIVISION

HEADQUARTERS, NEW DELHI

BID DOCUMENT

NAME OF WORK:

1. EVALUATION STUDY OF RAIN WATER HARVESTING

WORKS AT 2 DEPOTS IN DELHI REGION AND

SUBMISSION OF REPORT.

2. Last date of sale of bid document: 10.04.2013

(upto 3.30 P.M.)

3. Date of receipt of bid document: 15.04.2013

(upto 3.00 P.M.)

4. Opening of bid document: 15.04.2013

At 3.30 P.M.

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FOOD CORPORATION OF INDIA,HEAD QUARTERS 16-20 BARAKHAMBA LANE, NEW DELHI

Bid Notice No. HQs/Engg/MC/12-MOU/Vol.II Dated: 04.04.2013 INVITATION OF BIDS

Food Corporation of India invite Bids from Agencies/ Consultants registered with any Central/ State Government Department Empanelled Accredited Companies for evaluation of water management , UNDER TWO BID SYSTEM for appointment of a Consultant/ Agency for conducting an evaluation/study for the work of rain water harvesting system in the depot complexes of FCI, situated in Delhi Region.

S. No

Name of Work No. of centre

Earnest Money (Rs.)

Time of completion

Cost of bid document

1. Evaluation/study of Rain Water Harvesting works at 2 depots in Delhi region.

02 2500.00 15 days 500.00

[

Bid documents may be obtained from Asstt.General Manager(Engg.), Food

Corporation of India 16-20 Barakhamba Lane, Head Quarters, New Delhi upto

10.04.2013 (upto 3.30 p.m.), on payment of sum of Rs. 500/- in cash only (non-

refundable) on production of full particulars of the study conducted by them in

past duly supported by sufficient documentary evidence along with

registration/empanelment certificate, VAT No., PAN No, Service Tax registration

No.

Technical Bids must be accompanied by the EMD of Rs. 2500/- for each

work in form of Demand Draft of any schedule bank in favor of Food Corporation

of India payable at New Delhi. Bids not accompanied by EMD in the prescribed

form shall be summarily rejected. The site of work can be inspected by bidder

before submission of the bids. The Bid under two bids system should be in

separate sealed covers/envelop super scribed as TECHNICAL BID and PRICE BID.

Completed Bid containing two sealed covers of technical bid and price bid

placed in a bigger envelop duly sealed and super scribed with name of work, will

be received in the office of AGM(Engg.), Food Corporation of India, Head

Quarters, New Delhi upto 3.00 P.M on 15.04.2013 and Technical bids will be

opened on same date at 3.30 P.M in presence of bidder or there authorized

representative who may wish to be present. The price bid of only such bidder,

whose technical bids are found technically eligible will be opened subsequently on

the date and time fixed by the FCI. The same will be intimated to successful

bidders separately.

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The detail bid notice/documents can be seen & downloaded from our

website http://fciweb.nic.in. Bid document down loaded from web site must

accompanied with a Demand Draft of of Rs.500.00 in favour of Food Corporation

of India , payable at New Delhi towards cost of Bid documents alongwith

necessary credentials.

Asstt.General Manager(Engg.)

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PART- A

TECHNICAL BID

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THIS DOCUMENT IS NOT TRANSFERABLE. Receipt No. Dated Cost Rs.500+(plus) Taxes if any(Rupees …………………………………(in words) only) In case the bid document is downloaded from FCI website, an amount of Rs 500/- +(plus) Taxes if any be submitted in shape of Demand Draft of a scheduled Bank in favour of Food Corporation of India, payable at Delhi towards the cost of bid document

THE FOOD CORPORATION OF INDIA; Head Quarters New Delhi INVITATION TO BID AND INSTRUCTIONS TO BIDDERS FOR APPOINTMENT OF A CONSULTANT/AGENCY FOR CONDUCTING AN EVALUATION/ STUDY FOR THE WORK OF RAIN WATER HARVESTING SYSTEM IN THE DEPOT COMPLEX SITUATED AT NARELA & MAYAPURI IN DELHI REGION. BID SERIAL NO.: A Last date for receipt of bid up to 03.00 p.m. on 15.04.2013 B Technical Bid to be opened at 03.30 P.M. on 15.04.2013 NOTE: If the date fixed for opening of Technical bids is subsequently declared a holiday, the technical 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 Bid to remain open for acceptance upto and inclusive of 30 days from the date of opening of bid. NOTE: 1.The General Manager(Engg.), Food Corporation of India – Head Quarters New Delhi may at his discretion, extend this day by 30 (Thirty) days and such extension shall be binding on the bidders. 2. If the date upto which the bid is open for acceptance is declared to be a closed holiday/Sunday, the bid shall be deemed to remain open for acceptance till the next following working day.

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Invitation to Bid Telegraphic & Telex Telephone No_______________ Address: Fax No____________________ ______________________ ______________________ FROM: The General Manager(Engg.), Food Corporation of India ______________________ ______________________ To ____________________________________________ ____________________________________________ ____________________________________________ Dear Sir(s),

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

Corporation) the General Manager(Engg.), Food Corporation of India,

Headquarters, New Delhi invites Bids UNDER TWO BID SYSTEM for appointment

of a Consultant/Agency for conducting an Evaluation/ study for the work of Rain

Water Harvesting System in the depot complex situated at Narela & Mayapuri in

Delhi Region.

Signature of General Manager (Engg.)

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GENERAL INFORMATION TO BIDDERS

1. Place of Operation/ LOCATIONS OF THE PROJECT

Sl.No State No. of location Name of location

A Rain Water Harvesting System

1 DELHI

REGION 02 Food Storage Depot (FSD) Narela

FSD Mayapuri

2 A. Objective of the Contract/ PURPOSE OF THE STUDY

As per standing instructions and guidelines of Govt. of India ,FCI (A Govt. of

India Undertaking) has signed an MOU with Ministry of CAF&PD, for implementing

Sustainable Development project at various locations in FCI and the same is to be

evaluated by an Independent Agency who have expertise in carrying out such

assignment. To achieve the targets FCI has provided Rain Water Harvesting

System at two locations in Delhi Region in order to have efficient water usage

for improvement of ground water level to contribute in having Good environment.

i) The objective of this consultancy is to undertake the studies and submit a

utility report on the projects carried out by FCI and should be well supported by

documentary evidence in form of photographs and/or reports wherever

applicable. The documentation has to be supported by adequate

review/suggestions.

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2 B. BRIEF DESCRIPTION OF WORK: / SCOPE OF THE WORK - (ANALYZING WATER MANAGEMENT AND ENERGY DATA)

i. WATER MANAGEMENT

(a) Agency has to study the benefits of providing Rain Water Harvesting to

improve the ecological balance and contribute environment as well as assess

water consumption in the campus. The agency has to suggest means and ways

to reduce water consumption in the FCI campus . Also submit the cost of water

saving and its impact on water consumption.

(b) Rainwater harvesting is becoming an integral part of the toolkit for

sustainable water management. This study and monitoring indicates that

rainwater harvesting systems offer significant water and cost savings, and

emphasizes the importance of monitoring data.

(c) A report of actual performance of installed Rain Water Harvesting System

in the depot shall be prepared by the evaluator.

2 C. VOLUME OF WORK :

i.) The Food Corporation of India has the right of accepting the whole or any part of the work/ splitting the work ( between two or more bidders) as mentioned in the bid and the bidder shall be bound to perform the same at the rates quoted.

ii) The contract, if any, which may arise from this bid shall be governed

by the terms and conditions of contract as contained in the invitation/general information to the bidder and as given in the Bid document and its annexure and appendices .

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3. QUALIFICATION CONDITIONS FOR BID / MINIMUM ELIGIBILITY CRITERIA

Bids are invited from the : Agencies Registered with any Govt. agencies (Central/States), who have experience in Evaluation of Water Management Systems i.e. Rain Water Harvesting System.

To evaluate the usefulness of the projects of Rain Water Harvesting System

carried out by FCI and also to suggest / frame the guidelines for improvement, if any, for such projects to be undertaken in future.

i) The agency must submit their offer along with the credentials showing past experience of at least three similar nature of works along with the attested copies of performance certificate issued by the concerned Department.

ii) The agency should also submit the profile of technical man power available with them.

iii) The agency should have sufficient experience of preparation of schemes/DPRS including design of structures for Rainwater

Harvesting & Artificial recharge of ground water.

If the Bidder is a partnership firm, there shall not be any re-constitution of the partnership without the prior written consent of the Corporation till the satisfactory completion of the contract. Note: The year for the purpose of experience will be taken as Financial Year(1st April to 31st March) excluding the financial year in which bid enquiry is floated. 4. DISQUALIFICATION CONDITIONS. (I) Bidders who have been blacklisted or otherwise debarred by FCI or any department of Central or State Government or any other Public Sector Undertaking will be ineligible during the period of such blacklisting or for a period of 5 years from the date of blacklisting/debarment, whichever is earlier. (II) Any Bidder whose contract with the Food Corporation of India, or any department of Central or State Government or any other Public Sector Undertaking has been terminated before the expiry of the contract period at any point of time during last five years, will be ineligible. (III) Bidder whose Earnest Money Deposit and/or Security Deposit has been forfeited by Food Corporation of India or any department of Central or State Government or any other Public Sector Undertaking, during the last five years, will be ineligible.

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(IV) If the proprietor /any of the partners of the Bidder firm/any of the Director of the Bidder company have been, at any time, convicted by a court of an offence and sentenced to imprisonment for a period of three years or more, such Bidder will be ineligible. (V) While considering ineligibility arising out of any of the above clauses, incurring of any such disqualification in any capacity whatsoever (even as a proprietor, partner in another firm, or as director of a company etc.) will render the Bidder disqualified. (VI) A Hindu Undivided Family ( either as a proprietor or partner of a firm) shall not be entitled to apply for bid. Any bid submitted in the capacity of Hindu Undivided Family ( either as a proprietor or partner of a firm) shall be summarily rejected. 5. INSTRUCTIONS FOR SUBMITTING BID The instructions to be followed for submitting the bid are set out below: (a) The Bidder must fill up and sign the forwarding letter in the format given in Appendix-I and also furnish full, precise and accurate details in respect of information asked for in Appendix-II to Appendix- VI attached to the form of bid. (b) Signing of Bid (i) Person(s) signing the bid shall state in what capacity he is, or they are, signing the bid, 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 bid shall be signed by all the partners or by their duly constituted attorney, having authority to bind all the partners in all matters pertaining to the contract. The original or an attested copy, of the registered partnership deed should be furnished along with the bid. In case of limited company, the names of all the Directors shall be mentioned, and a copy of the Resolution passed by the Company authorizing the person signing the bid to do so on behalf of the company shall be attached to the bid along with a copy of the Memorandum and Articles of Association of the Company. (ii) The person signing the bid, or any documents forming part of the bid, 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. If the person so signing the bid fails to produce the said Power of Attorney, his bid shall be summarily rejected without prejudice to any other rights of the Corporation under the law and the Earnest Money Deposit paid by him/her shall be forfeited.

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(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. The entire bid document must also be signed on each page by the authorized person. 6. Earnest Money (i) Each bid must be accompanied by an Earnest Money amounting to Rs2500.00 (Rupees Two thousand & five hundred) in the form of a D.D/Pay Order issued by a Scheduled Bank or through Electronic Clearing System(ECS)/ other electronic means in favour of the, Food Corporation of India, payable at New Delhi. The Bidder shall be 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 bid process, or any of the information furnished by him/her is found to be incorrect or false, the Earnest Money Deposited by him shall stand forfeited, without prejudice to any other rights and remedies of the Corporation under the Contract and Law, and the Bidder will be liable for any loss suffered by the Corporation on account of its withdrawal/modification etc. besides forfeiture of EMD. He will also be debarred from participating in any other Bid Enquiry with FCI for a period of five years. (ii) The Earnest Money will be returned to all unsuccessful bidders with in a period of 15 days from the date of disqualification in the case of all Bidders whose Technical Bids are disqualified, and within a period of 30 days from the date of issue of the acceptance letter in the case of all other Bidders 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. No interest shall be payable on Earnest Money, in any case. 7. Security Deposit (SD)/Performance Guarantee (PG) (i) The successful Bidder shall furnish, within seven working days of acceptance of his bid, a Security Deposit for the due performance of his obligations under the contract and execute the agreement in prescribed Performa at Appendix-VI. The Security Deposit shall consist of; A sum equivalent to 5% of the total consultancy cost offered in the form of demand draft or Pay Order issued by a scheduled bank or through Electronic Clearing System(ECS)/ other electronic means in favour of the Food Corporation of India payable at New Delhi. The Security Deposit shall not earn any interest. (ii) The Security Deposit/performance guarantee furnished by the Bidder will be subject to the terms and conditions given in the Bid and the Corporation will not be liable for payment of any interest on the Security Deposit.

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(iii) In the event of the Bidder’s failure, after the communication of acceptance of the bid by the Corporation, to furnish the requisite Security Deposit by the due date , his Contract shall be summarily terminated besides forfeiture of the Earnest Money and the Corporation shall proceed for appointment of another bidder. Any losses or damages arising out of and incurred by the Corporation by such conduct of the bidder will be recovered from the bidder, without prejudice to any other rights and remedies of the Corporation under the Contract and Law. The bidder will also be debarred from participating in any future bids of the Corporation 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 bids of FCI provided all the recoveries/ dues have been effected by the Corporation and there is no dispute pending with the bidder/party. iv) If the successful bidder had previously held any contract and furnished security deposit/PG, the same shall not be adjusted against this bid and a fresh security deposit/PG will be required to be furnished. 8. Submission of Bid (a)The bid shall be submitted in two parts, viz., technical bid and price bid. (b) The original copy of the bid alongwith the documents required under the technical bid is to be kept in one sealed envelope superscribed “A‟ – Technical Bid and the price bid will be kept in another sealed envelope superscribed “B‟ – Price Bid. Both the bids then will be kept in another sealed envelope superscribing “Bid No…….. for ……..” and addressed to the General Manager (Engg), Food Corporation of India with the name and address of the bidder. (c)The envelope containing the Technical Bid shall include the following: (i) The bid document along with all its Annexures & Appendices duly signed on each page by the Bidder. (ii) Earnest Money Deposit. (iii) List of Documents attached. * The bidder shall quote rate per centre for each item separately, as per Price Bid. (d) Bid which do not comply with these instructions shall be summarily rejected. (e) Outstation Bidder may send their bids by Registered Post. (f) The bid form shall be filled in by Bidder clearly, neatly and accurately. Any alteration, erasures or overwriting should be duly initialled by the authorized signatory. (g) Bids not accompanied by all the Appendices/Annexures intact and duly filled in and signed may be ignored. (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 bid.

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9. Opening of bids The Technical Bid will be opened first, in the Office of the Food Corporation of India, Hqrs, 16-20, B.K. Lane, New Delhi at the fixed time and the date as indicated in the NIT. The Bidder 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 bidders shall be opened whose technical bids qualify, at a time and place of which notice will be given. The Bidder technically qualified will be at liberty to be present either in person or through an authorized representative at the time of opening of the Price Bids. 10. Corrupt practices Any bribe, commission, or advantage offered or promised by or on behalf of the Bidder to any officer or official of the Corporation shall (in addition to any criminal liability which the Bidder may incur) debar his tender/bid from being considered. Canvassing on the part of, or on behalf of, the Bidder will also make his bid liable to rejection. 11. Food Corporation of India reserves the right to reject any or all the bids without assigning any reason and does not bind itself to accept the lowest or any bid. The successful Bidder will be intimated of the acceptance of his bid by a letter/telegram/fax/email. 12. In case of any clear indication of cartelization, the Corporation shall reject the bid(s), and forfeit the EMD. 13. If the information given by the Bidder in the bid Document and its Annexures & Appendices is found to be false/incorrect at any stage, Food Corporation of India shall have the right to disqualify/ summarily terminate the contract, without prejudice to any other rights that the Corporation may have under the Contract and law.

General Manager (Engg) Food Corporation of India

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Annexure - I TERMS AND CONDITIONS GOVERNING CONTRACTS FOR EVALUATIONS

OF SUSTAINABLE PROJECTS AT FOOD CORPORATION DEPOTS/GODOWNS

I. Definitions:- (i) The term ‘Contract’ shall mean and include the Invitation to bid incorporating also the instructions & General Information to Bidder, the bid, its Annexures, Appendices, Acceptance of bid and such general and special conditions as may be added to it. (ii) The term ‘ bidder/Consultant’ shall mean and include the person(s), Firm or Company with whom the contract has been placed including their heirs, executors, administrators and successors and the permitted assignees as the case may be. (iii) The term ‘Contract Rates’ shall mean the rates of payment accepted by the General Manager(Engg.) for and on behalf of the Food Corporation of India. (iv) The term ‘Corporation’ and the ‘Food Corporation’, 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). (v) The term ‘General Manager’ shall mean General Manager (Engg.) of Food Corporation of India Head Quarter New Delhi. The term ‘General Manager’ shall also include the Assistant General Manger (Engg) and every other officer authorized for the time being to execute contracts on behalf of the Food Corporation of India. (vi) The term ‘Godowns’ shall mean and include the Food Corporation Depots/ Godowns/Silos belonging to or in occupation of the Corporation at any time and shall also mean and include open platform/plinth built or constructed for storage of Foodgrains inside or outside the owned/hired depot/silos premises. (vii) The term ‘Foodgrains’ shall mean and include any item of food grains & its products, Coarse grains, Fertilizers, Sugar and ground nut etc. (viii) The term ‘Services’ shall mean performance of any of the items of work enumerated in bid document including such auxiliary, additional and incidental duties, services and operations or as may be indicated by the General Manager or an officer acting on his behalf. (ix) The term Engineer-in-charge shall mean Asstt.General Manager(Engg) posted in the region/ zone of FCI.

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(x) The term SD means sustainable development projects viz- Rain Water Harvesting. II. Parties to the Contract: (a) The Parties to the contract are the bidder and the Food Corporation of India, represented by the General Manager (Engg) and /or any other person authorized and acting on his behalf. (b) The person signing the bid or any other documents forming part of the bid on behalf of any other person or a firm shall be deemed to warrant that he has 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, the Food Corporation of India may, without prejudice to other civil/criminal remedies, terminate the Contract and hold the signatory liable for all costs and damages. (c) Notice or any other action to be taken on behalf of the Food Corporation of India may be given/taken by the General Manager(Engg.) or any officer so authorized and acting on his behalf. III. Constitution of bidder: (a) bidder/s shall, in the bid, indicate whether he/ they is/are a Sole Proprietary Concern, or Registered Partnership Firm, or a Private Limited Company, or a Public Limited Company incorporated in India. The composition of the partnership, or names of Directors of Company, as applicable, shall be indicated. The bidder shall also nominate a person for the active management and control of the work relating to the Contract 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 the Corporation till the satisfactory completion of the Contract, failing which the Contract shall be forthwith liable for termination treating it as breach of Contract by the bidder with consequences flowing there from. (c) The bidder shall notify to the Corporation the death/resignation of any of their partners/directors immediately on the occurrence of such an event. On receipt of such notice, the Corporation shall have the right to terminate the Contract. IV. Subletting The bidder shall not sublet, transfer, or assign the Contract, or any part thereof. V. Relationship with third parties: All transactions between the bidder and third parties shall be carried out as between two principals without reference to the Corporation in any

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event. The bidder shall also undertake to make the third parties fully aware of the position aforesaid. VI. 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 contract labour (R&A) Act, 1971 or the Indian Factories Act, or the Employees Compensation Act and Employees Provident Fund & Misc. Provisions Act, or any other similar applicable enactments in respect of all such personnel shall exclusively be that of the bidder. The bidder shall be bound to indemnify the Corporation 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) The bidder shall comply with all Rules, Acts and Regulations made by the State Govt./Central Govt. from time to time pertaining to the contract, including all labour laws. VII. Bribes, Commission, corrupt gifts etc.: - An Act of bribe, gift or advantage, given, promised or offered, by or on behalf of the bidder, or any one of their partners/Directors/Agents or officials, or any person on his or her behalf to any officer, officials, representative or agent of the Corporation, 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 the bidder liable for termination of this Contract or any other Contract with the Corporation and the bidder shall be liable to reimburse the Corporation of any loss or damage resulting from such cancellation. VIII. Period of Contract (i) The Contract shall remain in force for a period of Forty five days from the date of issue of acceptance letter or such later date as may be decided by the General Manager(Engg). (ii) The General Manager reserves the rights to terminate the Contract at any time during its currency without assigning any reasons thereof by giving Fifteen Days Notice in writing to the bidder at the notified address and the bidder shall not be entitled to any compensation by reason of such termination. The action of the General Manager (Engg) under this clause shall be final, conclusive and binding on the bidder.

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IX. Security Deposit: (a) The successful Bidder shall furnish, within seven working days of acceptance of his bid, a Security Deposit for the due performance of his obligations under the contract and execute the agreement in prescribed Performa at Appendix-VI. The Security Deposit shall consist of; A sum equivalent to 5% of the total consultancy cost offered in the form of demand draft or Pay Order issued by a scheduled bank or through Electronic Clearing System(ECS)/ other electronic means in favour of the Food Corporation of India payable at New Delhi. The Security Deposit shall not earn any interest (b) The General Manager(Engg.) shall have the rights to forfeit the entire or part of the amount of security deposit lodged by the bidders or to appropriate the security deposit or any part, thereof in or towards the satisfaction of any sum due to be claimed for any damages, losses charges, expenses or costs that may be suffered or incurred by the Corporation. The decision of General Manager (Engg.) in respect of such losses, damages, costs or expenses shall be final and binding on the bidders. Upon satisfactory performance of the services and on completion of all the obligations by the bidder under the terms of contract. The security deposit will be refunded to the Bidder subject to deductions, if any from the Security as may be necessary for recovering the claims of Food Corporation of India against the bidder. The Food Corporation of India will not be liable for payment of any interest on the Security Deposit. (c) In the event of the Bidder failure, after the communication of acceptance of the bid by the Corporation, to furnish the requisite Security Deposit by the due date, his Contract shall summarily terminated besides forfeiture of the Earnest Money and the Corporation shall proceed for appointment of another bidder. Any losses or damages arising out of and incurred by the Corporation by such conduct of the bidder will be recovered from the bidder, without prejudice to any other rights and remedies of the Corporation under the Contract and Law. The bidder will also be debarred from participating in any future bids of the Corporation 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 bids of FCI provided all the recoveries/ dues have been effected by the Corporation and there is no dispute pending with the bidder/party. X. Liability of bidder for losses etc. suffered by Corporation:- (a) The bidder shall be liable for all costs, damages, charges and expenses suffered or incurred by the Corporation due to the bidder’s negligence and un-workman like performance of any services under this contract or breach of any terms thereof or his failure to carry out the work with a view to

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avoid incurrence all damages or losses occasioned to the Corporation due to any act whether negligent or otherwise of the bidder themselves or his employees. The decision of the General Manager(Engg.) regarding such failure of the bidder and his liability for the losses, etc. suffered by Corporation, and the quantification of such losses, shall be final and binding on the bidder. (b) The Corporation shall be at liberty to reimburse themselves of any damages, losses, charges, costs or expenses suffered or incurred by it due to bidder’s negligence and un-workmanlike performance of services under the contract or breach of any terms thereof. The total sum claimed shall be deducted from any sum then due or which at any time hereafter may become due to the bidder under this or any other contract with the Corporation. In the event of the sum which may be due from the Corporation as aforesaid being insufficient , the balance of the total sum claimed and recoverable from the bidder as aforesaid shall be deducted from the security deposit furnished by the bidder . Should this sum also be not sufficient to cover the full amount claimed by the Corporation, the bidder shall pay to the Corporation on demand the remaining balance of the aforesaid sum claimed. XI. Summary Termination: (a) In the event of the bidder having been adjudged insolvent or going into liquidation or winding up his business or making arrangements with his creditors or failing to observe any of the provisions of this contract or any of the terms and conditions governing the contract, the General Manager(Engg.) shall be at liberty to terminate the contract forthwith 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 bidder and to claim from the bidder any resultant loss sustained or costs incurred by the corporation. (b) The General Manager(Engg.) 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 the work done at the risk and cost of the bidder and / or forfeit the security deposit or any part thereof for the sum or sums due for any damages, losses, charges, expenses or costs that may be suffered or incurred by the Corporation due to the bidder's negligence or unwork-man like performance of any of the services under the contract.

(c) DELAY IN SUBMISSION OF THE STUDY:

All the activities mentioned in the Bid document relating to study of the

present systems, system analysis, recommendations and submission of project

report (SRS) should be completed as per the time prescribed. If the work remains

un-commenced/or incomplete at any stage with reference to time prescribed,

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and reason for delay cannot be satisfactorily substantiated, without prejudice to

the other remedies available to the Corporation under this contract and in Law, a

compensation at the rate of 2% of the consultancy fee per week of delay will be

computed subject to a maximum of 5 weeks and the same levied on the bidder,

which the parties to this contract represent and agree to be the reasonable and

genuine pre estimate of damages. Any delay beyond this, FCI shall be free to

terminate the contract and get the work done from an alternate source at the risk

and cost of the bidder besides forfeiting Security deposit. The decision of Genl.

Manager (Engineering) as to the period of delay on the part of the bidder and the

quantum of compensation for such delay shall be final and binding on the bidder

If the bidder is unavoidably hindered in carrying out the study on account

of delayed decision or the approval by the Corporation/Departments, which are

necessary to carry out further work, he shall be allowed suitable extension of time

by concerned authority of the Project, whose decision shall be final and binding

on the bidder No claim of the bidder shall be entertained against the Corporation

for such delayed approvals/decisions by the Corporation, excepting suitable

extension of time.

XII Set Off : Any sum of money due and payable to the bidder (including security deposit refundable to the contactor) under this contract may be appropriated by the Corporation and set-off against any claim of the Corporation under this contract or any other contract made by the bidder with the Corporation. XIII. Book Examination: - The bidder shall, whenever required, produce or cause to be produced for examination by the General Manager(Engg.) or any other officer authorized by him in this behalf, any cost or other books, account vouchers, receipts, letters, memorandum or writings 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 General Manager(Engg.) on the question of relevancy of any documents, 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(Engg.). XIV. Remuneration: - The bidder shall be paid the remunerations in respect of the services described in Bid and performed by him at the contract rate. XV. PAYMENTS : (a) Payment will be made by the General Manager(Engg), Food Corporation of India, HQ, New Delhi on submission of bills, in triplicate duly supported by the evaluation report and work certificate issued by the

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concerned Asst. General Manager(Engg) or an officer acting on his behalf as the case may be. (b) The bidder should submit final bill not later than fifteen days from the date of expiry of the contract so that the refund of the Security Deposit may be speeded up. (c) The corporation shall not be liable for payment of any interest on any bill outstanding for payment. XVI. Services to be performed by the bidder:- As mentioned under Heading General Information to Bidders in item 2(b) i.e Scope of Work. XVII. DUTIES AND RESPONSIBIITIES OF THE BIDDER: - CLEANING/ CLEARANCE OF THE SITE : The bidder shall clean the site in all respect after completion of work and making good the same and handover the same in original shape to the entire satisfaction of the concerned AGM(Engg). No separate payment will be made on this account. BIDDER TO ENSURE COMPLIANCE OF ORDERS It shall be the responsibility of the bidder to follow the directions of the GM (Engg) or an officer acting on his behalf to undertake the work as described in the scope of work under para2(a) &(b). The bidder shall carry out all items of services assigned or entrusted to him by the General Manager(Engg.) or an officer acting on his behalf and shall abide by all instructions issued to him from time to time by the said officer. He shall render the services to the satisfaction of the General Manager (Engg) or an officer acting on his behalf together with such auxiliary and incidental duties, services and operations as may be indicated by the said officer(s) and are not inconsistent with the terms and conditions of the contract. Remuneration for all auxiliary and incidental duties and services shall be deemed to be included in the remuneration. 1. The bidder shall always be bound to act with reasonable diligence and in a businesslike manner and to use such skill as expected of men of ordinary prudence in the conduct of their activities. 2. The bidder shall be responsible for the good conduct of their employees and shall compensate the Corporation for losses arising from neglect, carelessness, want of skill or misconduct of themselves, his servants or agents or representatives. The Engineer-in-Charge shall have the right to ask for the dismissal of any employee of the bidder, who in his opinion, is hampering the smooth functioning of the work and his decision 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.

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3. The bidder shall intimate the General Manager(Engg.) 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. It shall be the duty of those representative(s) to call at the office of the General Manager(Engg.) or an officer acting on his behalf every day and generally to remain in touch with them to obtain information about the project. 4. The bidder shall take adequate steps and necessary precautions to avoid wastage and damage to the foodgrains etc; during the evaluation work carried by him. 5. The bidder shall strictly abide by all rules and regulations of Food Corporation of India and Local authority. 6. The bidder shall be responsible for performing all or any of the services detailed in and arising out of this contract and no additional remuneration shall be paid on this account. 7. The bidder shall make its own lighting arrangements for working at night or day time as per the requirement and the charges shall be borne by the bidder. XVIII Force Majeure The bidder will not be responsible for delays which may arise on account of reasons beyond his control of which the General Manager(Engg.) shall be the final judge. Strikes by bidder's workers on account of any dispute between the bidder and his workers as to wages or otherwise will not be deemed to be a reason beyond the bidder’s control and the bidder shall be responsible for any loss or damage which the Corporation may suffer on this account. XIX. Laws Governing The Contract & Dispute Resolution:- The contract will be governed by the laws of India for the time being in force. In case of any dispute arising out of this contract will be dealt in the court of competent jurisdiction.

Asstt.General Manager(Engg.)

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List of Documents Attached 1. Forwarding Letter. 2. Part – A Technical Bid with all its Annexure & Appendix I to Appendix- VI 3. List of documents enclosed. Document No. 1. Attested copy of Registered Deed of Partnership/Memorandum and Articles of

Association/ By-laws/ Certificate of Registration etc. as applicable. Yes/No 2. Power of Attorney of person signing the bid . Yes/No 3. Certificate of experience and details thereof Yes/No 4. Copy of Income Tax Return/PAN Card Yes/No 5. Service tax registration no 6. Copy of EPF Code Number and Proof of Deposit of EPF for the relevant

experience period, if applicable. Yes/No

( Signature & Seal) (Authorized Signatory)

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Appendix-I

FORWARDING LETTER

Recent photograph of bidder

From…( full name & address of the bidder)

To…………………………………………………

THE GENERAL MANAGER, FOOD CORPORATION OF INDIA

Headquarters………………………………

Dear Sir, 1. I submit the Sealed Bid for appointment of consultants for the work as

mentioned in the press notice/bid document.

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

contained in the Bid document, invitation to Bid, General Information to

Bidder and its annexure & appendices and agree to abide by them.

3. I agree to keep the offer open for acceptance upto and inclusive of

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

decided by the General Manager (Engg.). I/We shall be bound by communication of

acceptance of the offer dispatched within the time. I/we also agree that if the date

upto which the offer would remain open is declared a holiday for the Corporation

the offer will remain open for acceptance till the next working day.

4. Demand draft No./Electronic Clearing System(ECS) Reference No dated drawn________ on the ________________for Rs (in words) is enclosed as Earnest Money. In the event of my/our Bid being accepted, I/We agree to furnish within seven working days of acceptance of the Bid Security Deposit as stipulated in the Bid.

5. I do hereby declare that the entries made in the Bid and

Appendices/Annexures attached therein are true and also that I/We shall be

bound by the act of my/our duly constituted Attorney.

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6. I hereby declare that my Firm/Company has not been blacklisted or

otherwise debarred during the last five years by the Food Corporation of

India, or any other Public Sector Undertaking or any Government, or any

other client, 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 my Firm/Company was blacklisted/debarred by

(here give the name of the client) 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 hereby declare that no contract entered into by me/ my

Firm/Company with the Food Corporation of India, or any other Public Sector

Undertaking or any government, or any other client, has 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 has not been forfeited or adjusted against any compensation payable,

in the case of any Contract entered into by me/us with the Food

Corporation of India, or any d e p a r t m e n t o f C e n t r a l o r S t a t e

G o v e r n m e n t t o a n y o t h e r Public Sector Undertaking during the last

five years. 9. I hereby declare that I have not been convicted at any time by a Court of

Law of an offence and sentenced to imprisonment for a period of three years or

more. I/We certify that all information furnished by me/us is correct and true and in

the event that the information is found to be incorrect/untrue, the Food

Corporation of India shall have the right to disqualify me/us without giving

any notice or reason therefor or summarily terminate the contract, without

prejudice to any other rights that the Corporation may have under the Contract

and Law.

(Signature of bidder)

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APPENDIX-II

Reference para 5(a) of Genl. Information to Bidders.

( TO BE FILLED IN BY THE BIDDER)

Firm/Company /Organization Profile

1. Name of the Bidder Firm/company/Organization

2. Ownership

Government /PSU/ Private

3. Type of Organization Public Limited Company/ Private Limited Company/ Others (please specify)

4. (i) PAN Number

(ii) Service Tax Registration Number, if applicable

5. Name and Designation of Key Management Person(s)

6. Date & Year of Establishment of firm/company/ organization

7. Number of years of experience

8. Core Competency

9. Any other important information about the firm/company/ organization

( Signature & Seal)

(Authorized Signatory )

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Appendix III Summary List of Assignments executed/in progress in the past five financial years viz. 2007-08, 2008-09,2009-10,2010-11 and 2011-12

Appendix IV

Summary of at least three personnel who would be associated with the Management of FCI’s project

Sl

No

Name and

Designation

Experience

in

completed

Years

Educational/

Professional

Qualifications

Number

of Years

with the

Present

Employer

Areas of

Specialisation

1 2 3 4 5 6

Sl. No.*

Title of Study/ Assignment

Client Organization

Period of Assignment (start date-completion date)

Consultancy Fee Charged

(In Rs Lakh)

(1) (2) (3) (4) (5)

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Appendix- V

DECLARATION

1. I ____________________ Son/Daughter/Wife of ________________ Authorized officer of the Company/organization/Firm/Institute and am competent to sign this declaration and execute this BID document.

2. I have carefully read and understood all the terms and conditions of the BID and undertake to abide by them.

3. The information/documents furnished along with the BID are true and authentic to the best of my knowledge and belief. I/We am/are well aware of the fact that furnishing of any false information/fabricated document would lead to rejection of my Offer at any stage without prejudice to any other rights that the Corporation may have under the Contract and Law.

4. I certify that …..(name of the company/firm/partnership) having its registered office at …..(address) has not been blacklisted or otherwise debarred by FCI or any department of the Centre or the State Government or any other Public Sector Undertaking. Further, this is to certify that we are not under a declaration of ineligibility for corrupt and fraudulent practices.

5. I further undertake that the person(s)/team deployed for consultancy services/study will complete the study and they will not be removed from the assigned work till the completion of the study/contract.

Signature of authorized person Full Name: ____________ Seal _______________ Date: ________________ Place: _______________

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Appendix-VI

FOOD CORPORATION OF INDIA

PROFORMA FOR AGREEMENT

THIS AGREEMENT made this ……………………………………… day of ………………………………... between the Food Corporation of India, established under the Food Corporation Act, 1964 having its Head Office at 16-20, Barakhamba Lane, New Delhi and its Regional Office at ………………………………………….. (which expression shall mean and include its successor or successors in office and assignee) acting through the A.G.M. (Engg.), Food Corporation of India, Delhi hereafter called ‘The Corporation’ on the one part and M/s. Shri ……………………. …………………………………………………………………………………………………… hereinafter called the “ bidder” which expression shall mean and include their heirs, executors and administrators and assignee) of the other part. WHEREAS The Corporation being desirous of having provided and executed certain works mentioned, enumerated or referred to in the scope of work, conditions of contract, and other documents consisting of the “ bid” and acceptance thereof, copy hereto annexed, all of which are deemed to form part of this contract and are included in the term CONTRACT whenever herein used. AND WHEREAS The Corporation accepted the bid of bidder …………………… ………………………………………………………………………………………………. for the provision and the execution of the said work at the rates stated in the Price Bid upon the terms and subject to the condition of contract.

NOW THIS AGREEMENT WITNESSTH & IT IS HEREBY agreed and declared as follow:

1. In consideration of the payments to be made to the bidder for the work to the executed by him, the bidder does hereby covenant with the Corporation that the bidder shall and will duly provide, execute, and complete the said works on or before the dates mentioned in the bid documents

2. In consideration of the due provision, execution, and completion of the said works the Corporation does hereby agree with the bidder that the Corporation will pay to the bidder of the respective amount for the work actually done by him at the “agreed rate” as contained in the price bid such payments to be made at such time and in such manner as provided for in the bid document.

3. The bidder has furnished a sum of Rs……………………as Security Deposit as stipulated in the memorandum of the bid.

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4. In consideration of the due provision, execution and completion of the said works,

the bidder does hereby agree to pay the Corporation the sum as may be due or sums as may become payable to the Corporation towards loss / damage to the Corporation’s equipment, materials, plant and machinery, liquidated damages, if any as set forth in the said conditions of contract such payments to be made at such time and in such manner as is provided in the bid document.

IN WITNESS WHEREOF the parties have executed these presents in duplicate the

date and year first above written. SIGNED AND DELIVERED FOR AND ON BEHALF OF M/s. / Shri

…………………………………… IN THE PRESENCE OF WITNESS .. 1. 2. SIGNED AND DELIVERED FOR AND ON BEHALF OF THE FOOD CORPORATION OF INDIA IN THE PRESENCE OF WITNESS .. 1. 2.

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PART- B

PRICE BID

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Financial Bid

From: (Full name and address of the bidder __________________________

To The General Manager (Engg.) Food Corporation of India, FCI, Headquarters, New Delhi. Dear Sir,

I submit the PRICE BID for appointment of a Consultant/Agency for conducting an

Evaluation/Study for the work of Rain Water Harvesting System in the depot

complex situated at various locations in Delhi.

I have thoroughly examined and understood all the terms and conditions as

contained the BID and agree to abide by them.

I offer to work at the following rates inclusive of all applicable taxes.

Sl. No.

State No. of location

Total center

Rate per center

Amount (Rs.)

A Rain Water

Harvesting

1 Delhi 02 02

Grand total in words-----------------------------

Name & Signature of the authorized Signatory

Name & Address of the company/agency

Date: