1 | P a g e

DIRECTORATE OF PRIMARY EDUCATION, MAHARASHTRA STATE

(D.P.E.M.S.) (MID DAY MEAL SCHEME)

(Central Building, Dr. Annie Besant Road, Pune 411001)

REQUEST FOR PROPOSAL

FOR

TRANSPORTATION OF RICE/WHEAT FROM FCI

GODOWN TO SCHOOL AND FOR SUPPLY OF

OTHER FOOD GRAINS, PULSES, OIL, SPICES AND

CONDIMENTS IN SCHOOLS UNDER MID DAY MEAL

SCHEME IN KOLHAPUR DISTRICT OF

MAHARASHTRA STATE

NAME OF DISTRICT : __KOLHAPUR_____________

ADDRESS & CONTACT : ___________________________

___________________________

___________________________

2 | P a g e

TABLE OF CONTENTS

1. DEFINITIONS ................................................................................................................................... 5

2. INVITATION TO TENDERS (NIT) .............................................................................................. 7

2.1. Important Information .................................................................................................................. 7

2.2. Important Dates................................................................................................................................. 9

2.3. Address for Correspondence ................................................................................................... 10

2.4. General Terms and Conditions of Bidding ....................................................................... 11

3. INTRODUCTION ........................................................................................................................... 12

3.1. Issuer .................................................................................................................................................... 13

3.2. About Mid Day Meal Scheme .................................................................................................... 13

3.3. Purpose of this RFP ....................................................................................................................... 14

3.3.1. Objectives of this Scheme .......................................................................................................... 14

3.3.2. Scheme Coverage ........................................................................................................................... 15

4. SCOPE OF WORK .......................................................................................................................... 15

4.1. Introduction...................................................................................................................................... 15

4.2. Supply Locations: ........................................................................................................................... 16

4.3. Brief Description of Material: .................................................................................................. 16

4.4. Validity of Rates: ............................................................................................................................ 16

5. BID PREPARATION ...................................................................................................................... 16

5.1. Qualification Criteria ................................................................................................................... 16

5.2. Submission of Samples ................................................................................................................ 18

5.3. Technical Bid .................................................................................................................................... 20

5.4. Financial Bid ..................................................................................................................................... 23

6. BID SUBMISSION .......................................................................................................................... 23

6.1. General Instructions ..................................................................................................................... 23

6.2. Pre bid Meeting ............................................................................................................................... 23

6.3. Amendment to RFP Document ................................................................................................ 24

3 | P a g e

6.4. Language of Bid ............................................................................................................................... 24

6.5. Documents comprising Bid ...................................................................................................... 24

6.6. Bid Prices ........................................................................................................................................... 27

6.7. Earnest Money Deposit (EMD) ................................................................................................ 28

6.8. Format and signing of Bid ......................................................................................................... 29

6.9. Manner of Submission of Tender and its Accompaniments: .................................. 29

7. BID OPENING AND EVALUATION ........................................................................................... 30

7.1. Bid Opening ....................................................................................................................................... 30

7.2. Bid Liable for Rejection: ............................................................................................................. 31

7.3. Evaluation and Comparison of Bids: .................................................................................... 31

7.4. Award of Contract .......................................................................................................................... 32

7.5. Notification of Award: ................................................................................................................. 33

8. GENERAL CONDITIONS OF CONTRACT................................................................................. 33

8.1. Method & Procedure of Supply ............................................................................................... 33

8.2. Inspection and Laboratories Testing .................................................................................. 35

8.3. Substandard / Defective Supply and Penalty - ............................................................... 36

8.4. Penalty for Late Supply:.............................................................................................................. 37

8.5. Packing and Transporting ......................................................................................................... 38

8.6. Transit Risk ....................................................................................................................................... 39

8.7. Time is Essence for Delivery .................................................................................................... 39

8.8. Extension of Time .......................................................................................................................... 39

8.9. Bills and Payments ........................................................................................................................ 39

8.10. Communication .......................................................................................................................... 40

8.11. Performance Security .............................................................................................................. 41

8.12. Cancellation of Agreement ................................................................................................... 42

8.13. Price Variation ............................................................................................................................ 42

8.14. Laws and Regulations .............................................................................................................. 42

8.14.1. Governing Law. ........................................................................................................................... 43

8.14.2. Disputes: ......................................................................................................................................... 43

8.15. Permits, Fees, Taxes ................................................................................................................. 46

4 | P a g e

8.16. Assignment ................................................................................................................................... 47

8.16.1. Consent Required ...................................................................................................................... 47

8.16.2. Successors and Assigns........................................................................................................... 47

8.17. Force Majeure .............................................................................................................................. 47

8.18. Corrupt or Fraudulent Practices ....................................................................................... 45

8.19. General Obligations of the Contractor............................................................................ 46 ANNEXURE A: TECHNICAL SPECIFICATIONS ........................................................................... 486

ANNEXURE B: FORMAT OF COMMERCIAL BID ...................................................................... 60

ANNEXURE C: FORMAT OF SELF CERTIFICATE ………………………………………………………63

ANNEXURE D: AGREEMENT FOR TRANSPORT OF RICE/WHEAT/MILLET AND SUPPLY

OF FOOD GRAINS AND PULSES ………………………………………………………………………….

64………………………

5 | P a g e

1. DEFINITIONS

Whenever used in this RFP, the following terms shall have the respective meaning

given to them below:

i. "Accepting Authority" shall mean Director of Education (Primary), Directorate of

Primary Education, Maharashtra State, Pune.

ii. "Bidder" shall mean the agency/firm/organization who is interested to purchase the

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

iii. “Contract” shall mean the agreement entered into between the DPEMS and the

contractor as recorded in the contract form signed by the parties which shall adopt

the General Conditions of Contract as stated in this RFP document and shall

include all attachments, the notice of tender, the sealed quotation and the tender

documents including the tender and acceptance thereof together with the documents

referred to therein, & the accepted conditions with annexure mentioned therein

including any special conditions, Specifications, priced schedule. All these documents

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

one another. Contract is deed of contract together with its entire accompaniment and

those later incorporated in it by internal consent.

iv. “Contractor” shall mean the individual or firm or company whether incorporated or

not, undertaking the work & shall include legal representative of such an individual

or persons comprising such firms or company as the case may be and permitted,

assigns of such individual or firm or company.

v. “Contract Period” means period specified in the tender document for entire

execution of contracted works from the date of notification of award.

6 | P a g e

vi. "Contract Sum"/"Contract Price" shall mean the sum for which the tender is

accepted.

vii. "Day" shall mean a day of 24 hours from midnight to midnight irrespective of the

number of hours worked in any day in that week and working day means school

working day excluding holidays.

viii. “Designated Places” shall mean the final place of delivery as notified by the

Government of Maharashtra within the Education Regions and specified under the

supply order/ delivery schedule where the Contractor shall deliver rice/

wheat/millets in urban areas.

ix. “DPEMS” shall mean Director of Education (Primary), Directorate of Primary Education,

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

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

x. Educational Districts shall mean jurisdictional districts Although in Maharashtra state

there are 36 Districts for Mid day Meal Scheme, Mumbai City and Mumbai Suburban

districts are clubbed together.

xi. "Employer's Representative" shall mean as Government Servants / Officers working

under the Director, Primary Education, Maharashtra State, Pune.

xii. “Material” shall mean the food grains, pulses, condiments,edible fortified oil and spices

meeting the technical specifications of the material listed in Annexure A to the RFP

Document.

xiii. “Services” shall mean requirements defined in this tender document including all

additional services associated thereto to be delivered by the Contractor.

xiv. “Specification” shall be means the Specifications referred in the Annexure A attached

to the tender document

Terms and expressions not herein defined shall have the meaning assigned to them

in the Indian Sale of Goods Act, 1930 or the Indian Contract Act, 1857 or the General

Clauses Act, 1897 as the case may be, including the latest amendments.

7 | P a g e

2. INVITATION TO TENDERS (NIT)

E - Tenders for (i) transportation of rice/wheat from godowns of FCI to schools

(Rural & Urban both) and (ii) supply of pulses, condiments, edible fortified oil and

spices in the schools of rural area under Mid Day Meal Scheme, are invited by the

Director, Primary Education, Maharashtra State, Pune (DPEMS), from eligible

Bidders.

The Government of Maharashtra is in the process of establishing a system of

central kitchen in urban area which will provide ready cooked food directly to

school. In such an event, the Contractor may be required to transport

rice/wheat/ millets from FCI Godowns to the Designated Places notified as

centralized kitchens by the government of Maharashtra for cooking purposes for the

urban areas. The details of the supply location will be specified in the supply

order/delivery schedule issued to the Contractor.

2.1 Important Information

The RFP document can be downloaded from the website:

https://maharashtra.etenders.in the website only after the Bidder have to deposited

online Cost of Blank Tender forms to DPEMS as mentioned below. The Prospective

Bidders shall finally upload the completed tenders on the website as mentioned above

before stipulated time.

8 | P a g e

2.2 Important Dates

a) Name of Work: (i) Transportation of rice/wheat/Millets from godowns of

FCI to schools (Rural & Urban both) or to the Designated Places notified as

S. No Event Details/ Target Date

1 Reference Number of RFP

2 Purpose of RFP Appointment of Contractors

3 EMD Amount 1. Rs. 15 Lac

4 Start Date for Sale of tender & availability 30.05.2018 at 11.00 am to 27.06.2018 up to 3.00 pm

5 Tender Preparation 30.05.2018 at 11.00 am to 27.06.2018 up to 3.00 pm

6 Date for Pre-Bid Meeting 07.06.2018 at 11.00 am

7. Submission of Samples 12.06.2018 at 11.00 am to 27.06.2018 up to 3.00 pm

8. Submission of completed bids 27.06.2018 at 05.00 pm to 28.06.2018 up to 5.00 pm

9. Date of Technical Bid Opening 02.07.2018 at 11.30 am

10. Date of Commercial Bid opening 12.07.2018 (If Possible)

11. Notification of Award

9 | P a g e

centralized kitchens by the government of Maharashtra for cooking purposes for

the urban areas and (ii) supply of pulses, condiments, edible fortified oil and

spices in the schools of rural area under Mid Day Meal Scheme in various

District of Maharashtra State.

b) Place of Supply: Total 3043 schools in kolhapur districts of Maharashtra as may

specified.

c) Estimated Cost: Approximately Rs. 16 Crores distributed over KOLHAPUR

d) Educational Districts . (Contractors are expected to transport near about 9100 MTs

rice /wheat/Millet from FCI godown to schools (of both urban & rural area) or to

the Designated Places notified as centralized kitchens by the government of

Maharashtra for cooking purposes for the urban areas and also expected to

Supply of pulses, condiments, oil and spices in schools of rural areas all over the

Maharashtra).

e) Time Limit for Supply: 20 Working Days from each supply order. The

contractor is expected to supply Materials for one year on month wise basis for

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

months and later on month-wise supply has to be made by the Contractor.

f) Bid Security/ Earnest Money Deposit:

1. Rs. 15 Lac for Kolhapur District

Bid security should be deposited through Online Only.

The Bidder shall submit the deposit receipt of Bid security/EMD to DPEMS on

or before the submission of samples, failing this will cause a rejection of Bid

as non responsive.

g) Validity of Bid: 120 Working days from the last date of submission.

10 | P a g e

h) Validity of the contract and Rate: The contractor is expected to supply above

items for maximum one year on month wise basis for which supply order will be

issued from time to time. The first supply will be for two months and later on

month-wise supply has to be made by the Contractor.

i) Cost of Blank Tender Form: Rs. 25,000/- (Non Refundable) to be deposited

through online.

j) Submission of Samples: The prospective Bidder is required to submit their

samples of Moog dal, Masoor dal, Toor dal, Gram, Chavali, Matki,Whole Moog,Peas,

Chilly Powder mixed with Onion and garlic, Cumin, Mustard, Garam Masala as per

the Specifications mentioned in Annexure A to the Director of Education Primary,

Maharashtra State Pune (DEPMS) along with Demand Draft of Rs. 20,000/- (Rs.

Twenty Thousand only) (Non Refundable) in the Name of “Accounts Officer,

Directorate of Primary Education, M.S., Pune -1.” towards expenses for testing of

samples in the Government laboratories or laboratories authorized by govt. & for

other expenses.

Bidder should submit samples in two sets only. One set of sample will be sent to

laboratory for testing. In case of failure to submit samples and Receipt of Deposit as

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

and will not be opened. If the samples submitted by Bidder fails / does not confirm

to the specification of the department in Laboratory testing, the bid submitted by

Bidder will be rejected as non responsive. Even if a single sample does not confirm

to the Specifications of the department the bid submitted by the Bidder will be

rejected as non- responsive.

2.3 Address for Correspondence

Directorate of Primary Education, Maharashtra State (D.P.E.M.S.)

(Mid Day Meal Scheme)

11 | P a g e

First Floor, central building, Dr. Anne Besant Road

Pune – 1.

Note: Any Queries regarding e-tendering please contact Helpdesk No.: 020-

25315555/ 30187500

2.4 General Terms and Conditions of Bidding

2.4.1 DPEMS reserves the right to vary above timeframe at its absolute and sole

discretion should the need arise. All dates mentioned in section 2.2 are tentative

dates and the Bidder acknowledges that it cannot hold DPEMS responsible for

breach of any of the dates.

2.4.2 From the date of RFP issue through the date the contract is executed,

communication with any DPEMS personnel or members regarding this RFP and the

corresponding procurement other than the designated contact person listed in the

RFP instructions is prohibited. Failure to follow this provision may be grounds for

disqualification from proposal consideration.

2.4.3 Any costs incurred in responding to this request for proposal shall not be

reimbursed.

2.4.4 DPEMS may, at its discretion, waive any minor non-conformity or any minor

irregularity in an offer. This shall be binding on all Bidders and reserves the right for

such waivers.

2.4.5 DPEMS reserves the right to scrap the tender at any stage without assigning any

reason.

12 | P a g e

2.4.6 DPEMS will not provide any components, utilities etc. All the required

components, whatever required for successful implementation of the service have

to be provided only by the successful Bidder.

2.4.7 If at any stage of work, it is observed that offered service does not meet

requirements of the work order/ purchase order/ supply order and/ or fails to

provide the grains, condiments, oil or spices as per the Specifications, the bidder

selected shall have to take suitable measures without any additional cost.

2.4.8 DEPMS reserves the right to accept or reject any or all proposals received as a

result of this request, or to negotiate with all qualified proposers, or to cancel in part

or in its entirety this RFP, if it is in the best interest of DEPMS.

2.4.9 Unless otherwise deleted or modified by mutual agreement between the

DEPMS and the successful Bidder, all terms, conditions and provisions contained in

the RFP shall be incorporated into the contract by default.

3. INTRODUCTION

A Mid Day Meal Scheme is running in the Maharashtra State in which children from

1st to 8th standard are provided Mid Day Meal in the schools. The rice / wheat is

provided by the Government of India from godowns of food corporation of India

(FCI) situated in various places in the state. The said rice / wheat/Millets has to be

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

state or to the Designated Places notified as centralized kitchens by the

government of Maharashtra for cooking purposes for the urban areas . The schools

situated in the rural area are also supplied with other food grains items, such as

pulses, oil and condiments (comprising a spices mixture of chilly powder, garlic and

onion; turmeric powder; Double Fortified salt etc). Under the Mid Day Meal Scheme

112 Lakh students are given benefit in the state.

13 | P a g e

The School Education & Sports Department, the Govt. of Maharashtra has entrusted

for transportation of rice/Wheat/Millets from godowns of FCI to schools

(Rural & Urban both) or to the Designated Places notified as centralized

kitchens by the government of Maharashtra for cooking purposes for the urban

areas and supply of pulses, condiments, oil and spices in the schools of rural

area under Mid Day Meal Scheme. Now this office intends to appoint District wise

contractor/ contractors, for transportation of Rice / Wheat/Millet from FCI godown

to schools or to the Designated Places notified as centralized kitchens by the

government of Maharashtra for cooking purposes for the urban areas and also

supply of pulses, condiments, oil and spices in the schools of rural area of having

cost approximately 350 Crore

3.1 Issuer

In all the contents mentioned anywhere in this tender the employer is Director of

Education(Primary), Directorate of Primary Education, Maharashtra State, Pune and the

competent authority is also Director of Education(Primary), Directorate of Primary

Education, Maharashtra State, Pune. The use of word DPEMS anywhere in the contents, to

mean the owner of work shall have by similar and same meaning as in Director of

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

otherwise so required.

3.2 About Mid Day Meal Scheme

The Mid Day Meal is the world’s largest school feeding programme reaching out to

about 12 crore children in over 12.65 lakh schools/EGS centers across the country.

Mid Day Meal in schools has had a long history in India. National Programme of Nutritional

Support to Primary Education (commonly known as the Mid-Day Meal Scheme) was

launched as a Centrally-Sponsored Scheme on 15th August, 1995. Its objective was to boost

Universalization of Primary Education’ by increasing enrolment, retention and attendance

and simultaneously impacting on nutrition of students in primary classes.

14 | P a g e

It is being implemented in Maharashtra since 1995-96 onwards. However, the nature of

scheme was changed in the right decision of Hon. Supreme Court in Writ Petition No.

196/2001, wherein instead of dry rice the cooked meal was to be given to children on all

school days.

In 2002, the scheme was implemented in 15 tribal districts of Maharashtra, however, the

scope of implementation was extended to all districts of Maharashtra in January 2003. The

scheme implemented for children in Std I to V in Government schools, schools run by local

bodies, Government aided private schools and students enrolled in Education Guarantee

Scheme Centre i.e, Vastishalas and Alternative and Innovative Education Centers i.e.

Mahatma Phule Education Guarantee Scheme Centers.

As per Government of India Guidelines, Mid-day Meal Scheme is extended by Govt. of Maharashtra to cover children in upper primary (VI-VIII) classes in 43 educationally backward blocks in 10 districts of Maharashtra state from 1st January 2008. Now this scheme is being implemented all over Maharashtra state from September 2008 and onwards.

3.3 Purpose of this RFP

DEPMS through this RFP intends to select and award contracts to Contractors for

Kolhapur District. who would be responsible for transportation of

rice/wheat/millets from godowns of FCI to schools (Rural & Urban both) or to the

Designated Places notified as centralized kitchens by the government of

Maharashtra for cooking purposes for the urban areas and supply of pulses,

condiments, oil and spices in the schools of rural area in various District in the

Maharashtra state Excluding Urban area.

Following sections of this RFP in detail describe the MDM scheme, scope of work,

bid submission and evaluation procedure. Bidders are expected to carefully read

the terms and conditions of the RFP before responding.

3.3.1 Objectives of this Scheme

The key objectives of the program are:

To enhance the enrollment, retention and attendance of student

To improve the Nutritional Status of children enrolled at Primary and Upper

Primary Level in Government/ Local body/ Government aided schools, EGSs

15 | P a g e

and AIE Centers including Madarasas/Maktabs.

To motivate children belonging to disadvantaged sections to attend primary

schools regularly and help them to concentrate on school and classroom

activities.

To provide Nutritional Support to children of primary stage in drought

affected areas in summer vacation, thereby ensuring their continued interest

in schooling.

Improve socialization among castes

3.3.2 Scheme Coverage

The Mid Day Meal Scheme and the scope of this RFP covers a Total 3043 schools running

in Kolhapur districts and blocks of Maharashtra.

4. SCOPE OF WORK

4.1 Introduction

A Mid Day Meal Scheme is running in the Maharashtra State in which children from

1st to 8th standard are provided Mid Day Meal in the schools. The rice/wheat/millets is

provided by the Government of India from godowns of food corporation of India (FCI)

situated in various places in the state. The said rice/wheat/millets has to be transported

from FCI godowns to the schools in rural as well as Urban area in the state or to the

Designated Places notified as centralized kitchens by the government of Maharashtra

for cooking purposes for the urban areas . As also the schools situated in the rural area are

also supplied with other food grains items, such as pulses, oil and condiments (comprising

a spices mixture of chilly powder, garlic and onion; turmeric powder; Double fortified salt

etc.) Under the Mid Day Meal Scheme 112 Lacs students are given benefit in the state. The

School Education & Sports Department, the Govt. of Maharashtra has entrusted for

transportation of rice from godowns of FCI to schools (Rural & Urban both) or to

the Designated Places notified as centralized kitchens by the government of

Maharashtra for cooking purposes for the urban areas and supply of pulses in the

schools of rural area under Mid Day Meal Scheme. Now this office intends to appoint

District wise contractor/contractors, for transportation of Rice/Wheat/millets from FCI

godown to schools and also supply of other food grains items in the schools of rural area of

having cost approximately 16 Crores divided into Kolhapur District. The rice/

16 | P a g e

wheat/millets has to be transported from FCI godown to schools of rural and urban area

both or to the Designated Places notified as centralized kitchens by the government of

Maharashtra for cooking purposes for the urban areas and the other food grains items, oil,

pulses and condiments (i.e; mixture of chilly powder, garlic and onion; turmeric powder;

Double fortified salt etc.) have to be supplied in the schools of rural area only. The

purchase order will be issued by the Block level authority/District level with school wise

distribution chart to Contractor.

4.2 Supply Locations:

The supply locations of the food grain items shall be at each school level as per

supply order.

4.3 Brief Description of Material:

Technical Specifications of the Material attached to this RFP Document in Annexure

A

4.4 Validity of Rates:

The rates quoted by Bidder shall remain valid for one year from the date of issue of

Work Order. These rates shall be valid for any increase or decrease in quantity.

5. BID PREPARATION

5.1 Qualification Criteria

17 | P a g e

Qualification of the prospective Bidders shall be to ensure that the price bid of the

tender will be opened only of those Bidders who shall fulfill the qualification criteria

mentioned below and also other details in the bid documents.

(I) The Bidder should have financial capacity to carry out the work and therefore to bid

for one District, the Bidder should have achieved average annual turn of Rs. 16

Crore during financial year 2014-15, 2015-16, 2016-17. The Bidder should have

average annual turnover as per the group of Districts. Gross turnover in multiple of

three time of above average annual turnover in financial year 2014-15, 2015-16

and 2016-17 will be considered.

(ii) The Bidder should have at least some experience of such type of work in rural area

and therefore the Bidder should have achieved average annual financial turnover of

15% with the Governments department from supply and transportation of food

grains and pulses in financial year 2014-15, 2015-16 and 2016-17.

For eg bidder should have total turnover of Rs 15 Crore. Then average annual experience

with government department from supply & transportation of food grains and

pulses in financial year 2014-15, 2015-16 and 2016-17 should be 15 % of Rs. 15

crore that is Rs. 2.25 crore.

(iii) The Bidder should have license/certificate for authorized premises issued under

Essential Commodity Act and Food Safety and Standard Act, 2006 (if applicable) or

such other regulatory or statutory authority for the required items. The bidder may

submit application/license/challan for authorized premises with tender but bidder

have to get license from competent authority till finalization of technical bid. Hence

bidder must show original license to committee in technical finalization meeting of a

purchases committee. Failure to this the bidder to be declared technical disqualify.

18 | P a g e

(iv) The Bidder should have license / certificate issued by the Department Of Food And

Drug Administration and Food Safety and Standards Authority of India (or such

other regulatory or statutory authority) for supply of such eatable items.

(V) Bidder should have at least one office in the District he wants to bid.

(VI) Proof of Ability

The Bidder shall be competent and capable of performing such type of work

mentioned in the tender. Therefore the Bidder may be required to furnish documents

regarding performance on similar work.

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

considered to anyone and every Bidder shall have to submit EMD along with the

offer.

(VII) If Bidder is co-operative society there must be working criteria or area of operation

of society mentioned in by laws of the society if Bidder co-operative society is found

ward level society then D.P.E.M.S. have right to reject the Bid.

5.2 Submission of Samples

5.2.1 The Bidder should, submit their samples of Moog dal, Masoor dal, Toor dal,

Gram, Chavali, Matki,Whole Moog,Peas, Chilly Powder mixed with Onion and garlic,

Cumin, Mustard, Garam Masala as per Specification mentioned in Annexure A for

Laboratory testing in Govt. Laboratories or authorized Govt. Laboratories on or before

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

samples borne by the Bidder for which receipt of submission of Rs. 20000/- (Non

Refundable) as mentioned in NIT shall be submitted to DPEMS along with samples. As

Turmeric, fortified edible oil, double fortified salt and Chilly powder (Agmark/ISI mark

) testing of these items should not required.

19 | P a g e

5.2.2 In case of failure to submit samples and receipt of amount as mentioned above, the

bid uploaded by Bidder will be treated as non-responsive and will not be opened. If

the samples submitted by Bidder fail in Laboratory testing, the bid submitted by

Bidder will be rejected as non responsive. Even if a single sample fails/ does not

confirm to the Specifications of the department the bid submitted by the Bidder will

be rejected as non responsive.

5.2.3. Bidder can submit bid for both districts. he should submit samples in two sets for

each district. One set of sample will be sent to laboratory for testing. In case of

failure to submit samples and Receipt of Deposit as mentioned above, the bid

uploaded by Bidder will be treated as non-responsive and will not be opened. If the

samples submitted by Bidder fails / does not confirm to the specification of the

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

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

the department the bid submitted by the Bidder will be rejected as non-

responsive.

5.2.4 Bidder should submit samples along with tender as per follow.

A) 2 nos of each items with more than 500 grams quantity of samples duly

sealed.

B) 2 pcs of each items packed in transparent poly bag .

C) If bidder submits any branded item then packet showing name of brand

must be removed and item must be given in plane poly bag.

D)Bidder should not mention firm or item name on any poly bag. bidder

should mention their firm name only on the box ,which containing these

samples.

20 | P a g e

5.3 Technical Bid

5.3.1 Bidders would be pre-evaluated on the submission of the documents and the

samples meeting the Specifications prescribed. In pursuance thereof Bidder has to

upload following documents in the form of scanned and zipped files and in Envelope

number one of the Bid which shall form the Technical Bid for this RFP

I. Scan Copies of receipt of deposit of amount for a) EMD and b) Testing of Samples (receipt of sample testing fees can be submitted to the committee at the time of technical bid opening)

II. Scan Copy of Receipt of Sample at DPEMS office.(receipt can be submitted to the committee at the time of technical bid opening)

III. Company Profile / Firm profile including the certified and legible copies as the case may be as follows:

(i) If the participant is a partnership firm then copy of

partnership deed.

(ii) If it is co-operative society then it’s copy of constitution.

(iii) If it is registered company then it’s copy of memorandum and

article of association.

(iv) If Bidder is registered with micro, small and medium scale

industries, than a certified copy of registration certificate.

IV. Audited Balance sheets (along with all schedules) and financial statement of

financial year 2014-15, 2015-16 and 2016-17. I.T.R.& sale tax return with

Balance sheet submitted in Income Tax & Sale Tax Department Should be

attached .

21 | P a g e

V. Audited balance sheet and Tax Return Acknowledgement receipt of Income

Tax and Sales Tax department of financial year 2014-15, 2015-16 and 2016-

17

VI. A certified documents in support of requirements including Positive networth,liquid assets, turnover etc.

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

Qualifications.

VIII. PAN Card Copy.

IX. VAT TIN or GST Registration Certificate.

X. VAT Clearance Certificate till, (31/3/2017) in prescribed Format.

XI. Shop Act copy / firm/ company registration copy.

XI. The certificate issued by Chartered Accountant showing supply and

transport of food grains and pulses turnover per annum of financial year

2014-15, 2015-16 and 2016-17.

XII. The document showing that Bidder have achieved average annual 15%

financial turnover with the Government departments from supply and

transportation of food grains. The proof of orders issued to the Bidder

by the Government departments /Government offices shall be attached

along with Certificate issued by the Chartered Accountant or

Government Auditor showing the experience turnover amount with

government department separately.

XIII. The bank solvency certificate of Rs. 20 Lac

The bank solvency certificate shall be issued to the Bidder by the

Nationalized / Scheduled bank.

22 | P a g e

XIV. Authority letter of manufacturer / producer issued to the Bidder for

participation in the tender & supply of branded items with their Agmark

licence/registration number.

XV. The Bidder should submit following documents for single District of

bidding and according to multiplicity of District ,the Bidder is

submitting his bid -

a) R.C. Book of his own 5 trucks for Transportation.

or

b) Affidavit for transportation arrangements & undertaking

from 5 truck owners / Transporter that they will provide the said

trucks for transportation of food grains when required. Along

with RC Books of the 5 trucks for Transportation.

Note - Above criteria is for one District and for each additional District,

the criteria will be in multiplicity.

Note- All above documents should be duly Notarized. Non attested

documents will not be considered.

XVI. PROOF OF ABILITY - The Bidder shall be competent and capable of

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

Bidder may be required to furnish performance certificates on similar

work. The Bidder should not be currently blacklisted by any state/

center government/ PSUs as on the bid submission date;

The Bidder should self certified letter by the authorized signatory of the

bidder that the bidder has not been blacklisted by any Central / State

Government (Central/State Government and Public Sector) or under a

23 | P a g e

declaration of ineligibility for corrupt or fraudulent practices as per

Annexure C Affidavit Must be Rs 100/- Stamp paper.

5.4 Financial Bid

The financial bids of Bidders, who do not pass through technical bid validity

requirements including laboratory testing of samples, shall not be opened and a

note to that effect will be made.

The Bidder should quote his offer duly signed in terms of lump sum unit rate per

kilogram at appropriate place of tender documents in commercial / financial bid.

6. BID SUBMISSION

6.1 General Instructions

6.1.1 Bidder is expected to examine all instructions, forms, terms, and requirements in

the bid document. Submission of bid will be deemed to have been done after careful

study and examination of the RFP document with full understanding of its

implications.

6.1.2 The response to this RFP should be full and complete in all respects. Failure to

furnish all information required by the RFP documents or submission of a proposal

not substantially responsive to the RFP documents in every respect will be at the

Bidder's risk and may result in rejection of its Proposal and forfeiture of the EMD. 6.1.3 In order to participate in the bidding process, bidders should adhere to the

timelines specified in the NIT and follow the procedure described in this RFP, as

amended from time to time for submitting their bids. A failure to do so may result in

the bid being eliminated at the examination stage as non-responsive. The documents

comprising the bids are listed in herein.

6.2 Pre bid Meeting

24 | P a g e

During the pre-Bid meeting, the prospective Bidders shall have liberty to ask for any

additional information or clarification either in writing or orally and the reply to the

same will be given by the DEPMS and the same will be published on official web site.

This clarification shall form part of Bid documents as an Addendum and which will

also be common and applicable to all Bidders. Addendums issued if any by DPEMS

will form Part and parcel of the Bid Document.

6.3 Amendment to RFP Document

At any time prior to the deadline of submission of bid, DPEMS may for any reason,

whether at his own initiative or in response to the clarification requested by a

prospective Bidder, modify the bid document by issuance of addendum. The

addendum will be uploaded on the web site. The Bidder shall download the same

from website and incorporate the same in the bid and will be binding on the

Bidders.

6.4 Language of Bid

The language of bid shall be English.

6.5 Documents comprising Bid

6.5.1 The Bid shall comprise of technical bid and commercial bid. The Technical Bid

shall consist of all the documents as described herein. The Commercial Bid shall be

filled in the format as attached in Annexure B of this RFP in business envelope no. 2

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

appendices thereto, the bid security, the samples supplied by the Bidders, the expenses

25 | P a g e

towards the testing of Samples, the information on eligibility and qualification.

Relevant information and any other material required to be completed and submitted

in accordance with the RFP embodied in bid document and standard contract

document. The forms and data provided in this document shall be used without

exception.

6.5.3 Documentary Proofs

The bidder must ensure that documentary proofs are submitted for all the pre-

qualification criteria mentioned in the RFP document. Page numbers of the

documentary proofs should be provided against the criteria.

Criteria Supporting Documents Required

1. Bidder should be a registered company/ firm / co-operative society in India under the Companies Act 1956 and should have a valid registered office in India with a valid Service Tax registration.

1. Certificate of Incorporation/ Articles of Association

2. Service Tax Registration Certificate

3. PAN Card Copy

4. VAT TIN or GST Registration Certificate

5.VAT Clearance Certificate till 31/3/2017 in prescribed format

6. Shop Act/ firm Registration copy

2. The bidder should be registered under the Essential Commodity Act, Food Safety and Standards Act, 2006 and with Department of Food And Drug Administration and Food Safety and Standards Authority of India. The bidder should hold a valid license for such business as currently provided by it in India

Bidder must attach copy of application or challan/ License for authorized permission duly signed and stamped by the authorized signatory of the bidder.

Bidder must attach copy of license of food safety and standards authority of India(or such other regulatory or statutory authority )

26 | P a g e

3. The Bidder should not be currently blacklisted by any state/ center government/ PSUs as on the bid submission date.

A self certified letter by the authorized signatory of the bidder that the bidder has not been blacklisted by any Central / State Government (Central/State Government and Public Sector) or under a declaration of ineligibility for corrupt or fraudulent practices as on ------------- must be submitted on original letter head of the bidder with signature and stamp in the Format specified in Annexure C.

In case the bidder has been blacklisted by any Central Govt/State Govt/PSU for NON FRAUDULENT activities, it is mandatory to enclose any such letter/communication from the Govt dept/PSU, along with the declaration given in Annexure C to this RFP

4. The bidder should have a minimum average annual turnover of Rs. 5 to 20 Crore for one District for last three years financial year 2014-15, 2015-16 and 2016-17. (As per 5.1. (i) )

Auditor’s Certificate and

Audited balance sheets and financial statement for financial year i.e. 2014-15, 2015-16 and 2016-17.

5. The bidder shall have at

least 5 transport trucks in

each Educational District

Registration Certificate of 5 trucks from RTO for said trucks; or

Affidavit for transportation arrangements & undertaking from 5 truck owners / Transporter that they will provide the said trucks for transportation of food grains when required.

6. 7

.

The bidder should have

positive net worth

1. Audited/Certified financial statements and Annual Report of 2014-15, 2015-16 and 2016-17.

2.Certified documents in support of requirements including positive net worth, liquid assets, turnover etc

7. The bidder must have operated or undertaken Transport activities in India

1. Work Order/ Contract

2. Client Certificate/ Completion Certificate

3. Details of the project like Government/PSU, project value, duration and geographical spread

27 | P a g e

8. Experience in management /implementation of MDM programmes / supply of pulses and food grains having Specifications in India.

1. Work Order/ Contract

2. Client Certificate/ Completion Certificate.

3. Details of the project like State, project value, duration, and geographical spread

4.The document showing that Bidder have achieved average annual 15% financial turnover from the Government departments.

5. The proof of orders issued to the Bidder by the Government departments /Government offices

6. Certificate issued by the Chartered Accountant or Government Auditor showing the experience turnover amount.

9. Bidder should a solvency as per 5.3.1 XIV.

The bank solvency certificate of Required amount for Districts for which Bidder is submitting his bid. The bank solvency certificate shall be issued to the Bidder by the Nationalized / Scheduled bank

10. Bidder should submit EMD and the samples in accordance with the Specifications and manner stated in this RFP

1. Scanned copy of receipt of deposit submitting for

EMD and Testing of samples

2. Scanned copy of receipt of samples at DEPMS office.

6.6 Bid Prices

The Bidder shall quote his offer as prescribed in Price Tender Form (Business

Enveloper) in Envelope No. 2 attached in Annexure B of this RFP and should submit

the same in accordance with the procedure set in this RFP.

1) The Bidder has choice to submit Bid for any number of District according to

qualification criteria mentioned in the tender document.

28 | P a g e

2) The price quoted by Bidder shall include all the costs including all taxes, duties

and such charges except for exemption if any provided for this Contract.

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

period as well as during extensions for any increase or decreasing quantity.

4) Quoted rates shall include door collection, door delivery, unloading and any other

expenses that are likely to be incurred by the Contractor outside the FCI godowns

or designated place from where the Contractor would collect the Materials.

5) No loading/unloading /local transportation, retention charges etc. is payable by

DEPMS.

6) The rate quoted by the Bidder shall be a Lump Sum rate for one unit of Kilogram

for each items and in litre for fortified edible oil.

7) The Bidder should quote the lowest competitive rate in this Commercial Bid for

transporting rice/wheat/millets from FCI godowns to schools in both urban and

rural areas or various Designated Places and for supply of Materials to schools in

rural areas in the District for which the Bidder is submitting his Bid. The Bidder

should essentially understand the bid conditions for supply and transportation

given in this RFP before quoting in the Commercial Bid.

8) If it is discovered that the Bidder has contravened the above condition then

without prejudice to any other action, which might be taken against him, DEPMS

shall have the right (1) to revise the price at any stage as to bring it in conformity

with the price charged to other contractors and the Contractor shall finally

modify the rates so revised. (2) To terminate the Contract in its entirety or in part

in case when the part of the designated schools has already been supplied and

accepted and in that event the Contractor/ Bidder will not be entitled to claim

any compensation from DEPMS for the Contract or any part thereof so cancelled.

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

which it is submitted.

10) The Bidder has to quote the rate of all items mentioned in the bid documents and

partial bidding will be rejected as non responsive bid.

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

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

6.7 Earnest Money Deposit (EMD)

29 | P a g e

6.7.1 Rs. 15 Lac .Bid security should be deposited through Online. 6.7.2 If EMD is not submitted within pre-scribed date, the bid will be rejected by DPEMS as

non responsive.

6.7.3 The EMD shall remain valid for a period not less than six (6) months beyond the

period for Notification of Award.

6.7.4 If after submitting the bid, the Bidder withdraws his offer or modifies the same or if

after acceptance of bid fails or neglects to furnish the performance security within

prescribed time, without prejudice to any rights or powers of DPEMS here under or

in law, DPEMS shall be entitled to forfeit the full amount of Earnest Money deposited

by the Bidder.

6.7.5 The amount of earnest money will be refunded without any interest to the

unsuccessful Bidders after the work order is being issued to the successful Bidder.

The Bid security of the Preferred Bidder shall be discharged when the Successful

Bidder has furnished the required Performance Security.

6.8 Format and signing of Bid

6.8.1 All pages of the bid document (along with RFP) in original shall be signed by a

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

entries or amendments have been made shall be initialed by the person signing the

bid.

6.8.2 The bid shall contain no alterations or additions, except those to comply with

instructions issued by DPEMS, or as necessary to correct errors made by the Bidder

in which case such corrections shall be initialed by the person signing bid.

6.9 Manner of Submission of Tender and its Accompaniments:

6.9.1 The Bidders shall place their bids online on https://mahatenders.gov.in. The online

trading system made available by https://mahatenders.gov.in as per the terms and

conditions of the bidding.

6.9.2 Any bid placed using the Bidders username and the password shall be deemed to be

an unconditional binding of the Bidder to whom such username and the password has been

30 | P a g e

allotted by DPEMS, inter-alia, for the purpose of the bidding and the Bidder shall be solely

and fully responsible for all the activities that occur under such username and password.

The user is therefore advised to check the username and the password before the bidding

session and is advised not to reveal it to anyone else so as to prevent misuse of the same.

7. BID OPENING AND EVALUATION

7.1 Bid Opening

The bids will be opened on prescribed date and time as per NIT as intimated. The

Bidder/authorized representatives may remain present at the date, time and place

stipulated in NIT.

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

about number of bids received will be announced.

1) The technical bid will be downloaded by the bid opening authority to check their

validity as per requirements. If any particular document of any bid is either missing

or does not meet the requirements specified, then a note to that effect will be made

by the bid opening authority. DPEMS will carry out the process of scrutiny and

analysis of various documents/ data received in technical bid.

2) The DPEMS shall obtain the report of samples provided by the Bidder from the

Government Laboratories or the Laboratories authorized by the Government.

3) The financial bids of Bidders, who do not pass through technical bid validity

requirements including laboratory testing of samples, shall not be opened and a

note to that effect will be made.

31 | P a g e

4) After analysis and scrutiny of the documents with respect to the requirements of the

bidding is over, DPEMS shall declare the outcome of the scrutiny and will open

financial bid of the Bidders whose technical bid satisfies the qualification criteria.

5) A Bid shall be considered responsive only if all items of information, Samples and

Documentary Proof required from the Bidders is submitted in the specified format

and it is not materially inaccurate or incomplete and it is not conditional. DPEMS

shall reject all Bids which are non-responsive and no request for alteration,

modification, substitution or withdrawal shall be entertained by DPEMS in respect

of such Bids.

7.2 Bid Liable for Rejection:

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

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

b) The Bidder has proposed a condition or additional conditions which are inconsistent with or contrary to the terms and conditions specified.

c) Additions, corrections or alterations made by the Bidder on any page of the bid document, without affixing signature/initials.

d) Any page or pasted slips are missing.

e) The Bidder has not signed each page of the bid (along with RFP ) and the Bid is not in specified format.

f) The Bidder has not submitted the Sample and attached all documents as stated in the tender documents.

7.3 Evaluation and Comparison of Bids:

The selection of successful Bidder will be done District - wise. DPEMS will compare

the rates/ bids quoted by the Bidder in particular District and for the District wise

32 | P a g e

selection of the Contractor, following procedure will be adopted. The rate/ bid

quoted by each of the Bidder for each item will be considered for one primary

student and for one upper primary student where per meal cost will be calculated

by considering

1) Cost of transportation of rice/wheat/millets.

2) Cost of pulses, fortified edible oil, spices and condiments including cost of

transportation of the same

The cost of various pulses, fortified edible oils, spices and condiments will be

calculated by making average of quotes for various pulses, fortified edible oil, spices

and condiments by the Bidder. Such calculation will be made in regard to all Bidders

and from the same, the Bidder who has given lowest composite price, will be

selected for each District separately. The items fixed in the tender will not be

changed or deleted. So also, if, the Bidder intentionally quoted low rates of any

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

Agricultural Produce Market Committee and the rate of the said item will be fixed

and thereafter calculation of all the items will be made.

7.4 Award of Contract

7.4.1 DPEMS will award the contract to a Bidder / Bidders whose bid has been found to

satisfy all the requirements of bid document and who has offered the lowest price

in each District in the format as attached in Annexure D of this RFP.

7.4.2 The Bidder with the lowest composite bid price in particular District will be

considered for allotment of tender in that District.

7.4.3 DPEMS reserves the right to reject any or all offers received from the Bidders

without assigning any reasons.

33 | P a g e

7.4.4 Unless otherwise deleted or modified by mutual agreement between the DEPMS

and the successful Bidder, DPEMS shall enter the Contract with the Successful

Bidder on the terms and conditions as listed in this RFP and more particularly in

the General Conditions of Contracts in as stated in this RFP attached to this RFP.

Note 1 :- Successful Bidder will be declared. Therefore there shall be one successful

bidders

7.5 Notification of Award:

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

will notify the successful Bidder in writing by a registered letter that his bid has

been accepted. This letter (herein after called as letter of acceptance) shall name the

sum, which DPEMS will pay to contractor as prescribed in contract. The notification

of award will constitute formation of contract along with the General Conditions of

Contract as stated in this RFP. Upon furnishing the performance security by the

successful Bidder & after signing the contract agreement, the work/supply order

will be issued by the Director, Primary Education, Maharashtra State, Pune.

8. GENERAL CONDITIONS OF CONTRACT

8.1 Method & Procedure of Supply

8.1.1 The Contractor has to supply the Material (Rice, food grains & condiments together

in rural area and only rice in urban area) at school level as per purchase order/

supply order and as per the quantity mentioned in the purchase order/ supply

order.

8.1.2 The Contractor should deliver the ordered food items in the schools within school

working hours. If the supply is done in other than the specified period then it will

not be accepted in any case. The Contractor should keep certified (weight &

34 | P a g e

measurement authority) weighing scale in the vehicle of the transport of food items

should be given actually by weighing.

8.1.3 The employees who are engaged by the Contractor to carry out distribution of food

items should possess identity card issued by the contractor and same should be

certified by the concerned officers of the Education department.

8.1.4 It is necessary for the Contractor to get the receipt for the food items supplied by him

in the office of Education department (primary) for which the 4 colour receipts with

the Sr. No. printed on it, (1) Pink (2) Yellow (3) Blue and (4) White. Out of these 4

colour receipts the pink colour receipt will be given to School at the time of supply.

8.1.5 The Contractor should submit the yellow colour receipt to the Block Education

officer along with bills. And blue and white colour receipt will remain with the

Contractor as his own copy.

8.1.6 The details of group, name of district, date of supply, date of supply order, vehicle

number, name of the person doing transportation of food items will be on the

receipt. The Contractor will get Receipt book printed with his own expenses.

8.1.7 Before doing the actual supply of said food items up to required destination the

Contractor should get it tested the samples of the grains with his own expenses

from Government laboratory and should enclose its certificates.

8.1.8 The supply order will be given to Contractor with school wise distribution chart

(“Delivery schedule”). The supply order will be rounded up to 10 kg for the

delivery of pulses. The supply order for fortified edible oil will be rounded up to 1

liter and for Double Fortified salt and mixture of chilly powder with onion and

garlic, chilly powder will be rounded up to 1 Kg. The supply order for spices and

condiments such as cumin, mustard and turmeric powder will be rounded up to 100

35 | P a g e

grams. Also Government Rice / wheat/millets will be rounded up to 50 kg basis.

Last supply order will be adjusted accordingly.

8.1.9 Bill / Invoice along with entry of goods received & page No. of stock register (on back

side of Bill / Invoice) duly singed by Education Officers & Accounts Officers for Rice

transportation and for supplier of other food grains and condiments. Bill / Invoice

along with entry of goods received & page No. of stock Register (on back side of Bill

/ Invoice) duly singed by Block Education Officers & Superintendents (Mid Day

Meal) should be submit for payment by supplier. Separate certificate will not be

accepted. Education Officer must be control on this.

8.1.10. Supplier has to deposit required amount of stamp duty as per stamp duty Act 1958

Article 63.

8.2 Inspection and Laboratories Testing

8.2.1 For the rural areas, the Material supplied by the Contractor shall be inspected by

School level authorities as well as block /district level authorities. The said Material

shall also be sent for Laboratory Testing by the block level/ district level authorities

in nearest Government Laboratories or the Laboratories approved by the

Government. The Material with substandard quality or the Material not satisfying

Specifications shall be rejected & Contractor will have to replace such goods at his

own costs. The expenses towards the laboratory testing shall be borne by the

Contractor. Only after getting the quality analysis report from the laboratory, the

payment of the items will be released.

8.2.2 In addition the representative of laboratory appointed by DEPMS, will take random

samples for quality checking and inspection of the Materials as per Specifications

prescribed by DEPMS and carry out due diligence of quality inspection. The

Contractor or its representatives shall have the option, of being present during

sample collection by the representative of laboratory appointed by DEPMS after

taking requisite permissions from the representative of laboratory.

36 | P a g e

8.2.3 The Contractor shall provide without any extra cost all materials, tools, labor and

assistance of every kind which DPEMS may demand from him for any interim test

and examination other than special or independent test and Contractor shall bear

and pay all costs attendant thereto.

8.3 Substandard / Defective Supply and Penalty -

8.3.1 If the quality of the supplied items are found not good enough or not in accordance

with the Specifications, then Contractor should arrange removal of the same and

replace with the good quality as per the Specifications of the department within 5

Days at no additional costs. If replacement of Material is not made by the Contractor,

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

recovered from the Contractor as well as no payment will be made for the bills

raised for such supply.

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

Laboratory testing, then Contractor should arrange removal of the same and replace

with the good quality as per the Specifications of the department within 5 Days. If

substandard quality Material (material not fit for human consumption) is found to

be supplied by the Contractor then penalty of 5% of the cost of such goods or

Rs.20000 whichever is higher will be imposed to the Contractor. As also if

replacement of substandard quality Material is not made by the Contractor within 5

Days, then such items will be procured from open market and cost of the same will

be recovered from the Contractor as well as no payment will be made for the bills

raised for such supply. In the event of substandard supply, DPEMS has the right:

(i) to cancel the order for the quantity not supplied by the Contractor and

(ii) Contractors will be blacklisted.

(iii) Filing of criminal action against the Contractor for such substandard quality.

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

Contractors or blacklisting of the Contractor will be with the Primary Educational

Director, Maharashtra state Pune.

37 | P a g e

8.3.4 If department found the items supplied by suppliers are consistently substandard and

defective department will have right to cancel the agreement of supply and to give

the contract of supply to other supplier who is supplying good quality items in any

District.

8.4 Penalty for Late Supply:

The contractor should deliver/supply the said food items within 20 Working days. If

the contractor fails to supply within stipulated time then penalty of 0.5% of the

value of Material late supplied per week shall be applied. And the minimum limit of

such penalty will be as below-

a. Minimum penalty should be Rs. 10,000 for late supply of Materials.

b. If the supply is not made within the delivery schedule the department will

procure the items from open market and the additional expenses

(including cost of rice at market price) incurred for the same will be

recovered from the due / security deposit amount of the Contractor.

c. It is necessary to make supply of all items and for all schools as per

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

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

well as payment shall not be done thereof.

d. If the Contractor fails to supply the goods on account of Force Majeure, the

contract for indented quantity stands cancelled between Contractor and

DPEMS. In such cases DPEMS may issue another tender for purchase/ supply

of the said quantities.

e. DPEMS will not be liable to any risk and cost, whatsoever, consequent upon

such cancellation of the contract.

f. To maintain quality of Material supplied under Mid Day Meal Scheme

Parents would send report by SMS to Block education officer regarding

quality of food supplied to children. If the report sent by parents shows that

food supplied to children is not of good quality, then the bills of the lot

supplied to the particular school by supplier should not be paid.

38 | P a g e

g. If sample of food grain is failed in laboratory testing then payment of that lot

of food grain is not given.

h. According to food security act if mid day meal is not provided in school, on

any school day due to non availability of food grain then State Govt. shall fix

responsibility on the person or agency and food security allowance is given to

student by concerned agency and person.

8.5 Packing and Transporting

8.5.1 The Contractor shall be responsible for

a) Packing, loading, transporting and safe delivery of all the Materials in

accordance with the Delivery Schedule and

b) Loading, transportation and safe delivery of rice/ wheat/ millet from FCI

godowns to Schools in accordance with the Delivery Schedule.

The packaging specifications are set out in Technical Specifications attached

as Annexure A to the RFP.

8.5.2 The Contractor shall provide such packing of the Materials as is required to prevent

their damage or deterioration during transit till the schools. The Contractor, shall

after proper packaging all Materials in a manner suitable for transportation to

designated Schools in Maharashtra as per the Delivery Schedule as per standard

industry practice and in such a manner so as to protect them from damage and

deterioration in transit. The Contractor shall be held responsible for all damages or

loss due to improper packing till the designated schools as specified in the Delivery

order issued to Contractor.

8.5.3 If any shortage occurs in the transportation of rice/ wheat/millets then Contractor has

to bear losses of the same and he shall supply rice / wheat/millets as per the

uplifting made from FCI godown. While accepting rice/wheat/millets from FCI

godown, Contractor should see that there is no damage found in the bag of

Government. In the event of losses which occur in Rice/wheat/millets at the time of

delivery to schools, such cost has to be borne by the Contractor.

39 | P a g e

8.6 Transit Risk

The Contractor is bound to send the goods at the prescribed schools as stated in the

Supply/ Work order issued to the Contractor at his own risk and cost. The

transportation cost and the transits risk are to be borne by Contractor.

8.7 Time is Essence for Delivery

The time for or date for delivery of the Materials and rice/ wheat/millets as

stipulated in the Delivery Schedule is the essence of the contract and delivery must

be completed not later than the time or date as specified.

8.8 Extension of Time

No extension of time shall be granted to the Contractor for supply of the Materials

and rice/wheat/ millets from FCI godowns to the schools except an extension in the

time for performance of obligations on account of a Force Majeure event.

8.9 Bills and Payments

8.9.1 Generally running bills shall be prepared and processed for the payment. The

Contractor after receiving supply order with school wise distribution chart for

supply of food grain Material, he shall supply such items accordingly within 20

Working days from the date of supply order. The Contractor shall submit

acknowledgement of delivery challan duly signed by authority of each school and

verified by Block Education Officer / mid day meal superintendents of Panchayat

Samiti to zillha parishad through Education officer. The Zilla Parishad CEO in rural

areas and the designated officer in urban areas shall pay 90% of the amount after

receiving the bills and after satisfactory quality reports of samples received from

laboratories. The remaining 10 % payment of bills shall be paid after the verification

of complaints if received regarding the supply made by the Contractor. It is

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

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

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

thereof.

40 | P a g e

8.9.2 The bills of rice /wheat/millets transportation shall be paid by DEPMS with above

conditions and bills of other Material supplied shall be paid at district level.

8.9.3 The payment of bills shall be subject to the availability of grants. DPEMS or the

Government of Maharashtra is not responsible and cannot be held liable for any

delay or non availability of grants for the Mid-Day Meal scheme.

8.9.4 The rates offered for the Contractor includes all Government duties and taxes,

expenses incurred by Contractor for supply and transportation of Materials such as

transportation costs, transits loss, insurance, packing articles (gunny bags etc.) and

packing charges etc. to deliver the Materials. The rates and prices quoted by

Contractor shall be valid for the original contract period as well as during extensions

for any increase or decreasing quantity.

8.9.5 The rate offered to the Contractor shall be same for all locations in the region for

which the Contractor is appointed for transportation and supply of Materials. The

Contractor cannot vary the rates in case there is a slight modification in (i) the

delivery schedule given by DPEMS; (ii) marginal increase in the quality specifications

prescribed by DPEMS for the Materials.

8.10 Communication

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

the individual or member of the firm or to an officer of the DPEMS for whom it was

intended, if delivered at or sent by registered or certified mail to the last business

address known to him who gives the notice. The notice on the Fax Message/E-Mail

shall be deemed to have been duly served. The address given in the Bidders tender

on which all notices, letters & other communications to the contractor shall be

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

notifying the DPEMS in writing. This shall not preclude the service of any notice,

letter or other communication upon the Contractor personally.

41 | P a g e

8.11 Performance Security

8.11.1 Within 21 Days of receipt of Letter of Acceptance, the District wise successful Bidder

shall deliver to DPEMS a Performance Security of 3% of total value of Contract for

four (4) month supply plus additional performance security of Rs. 20 Lac for

handling of Government Rice / Wheat/millets in form of nationalized/

scheduled bank’s Bank Guarantee/ Demand drafts.

8.11.2 If the performance security is provided by the successful Bidder in the form of a bank

guarantee, it shall be issued by nationalized / scheduled bank in India and acceptable

to DPEMS.

8.11.3 The performance security shall be valid for period of 18 months, which shall be

released after successful completion of contract.

8.11.4 Failure of the successful Bidder to comply with the requirements of performance

security shall constitute sufficient ground for cancellation of the award and forfeit of

Earnest Money deposit.

8.11.5 If the Contractor having been called upon by DEPMS to furnish the performance

security fails to do so within the specified period, it shall be open to DEPMS to cancel

the Contract and to forfeit the Earnest Money without prejudice to its further rights

to enter into Contract with DEPMS.

8.11.6 EMD amount will be returned to the successful Bidder only after receipt of

performance security.

8.11.7 After successful completion of the contract and if there is no complaint about the

Contractor, the security deposit amount of the Contractor will be returned to them

after two months period by obtaining an Indemnity Bond. The performance security

shall carry no interest and no claim shall lie against DEPMS in respect of interest

under any circumstances.

42 | P a g e

8.11.8 If the Contractor fails or neglects to observe any of his obligations under the Contract,

it shall be open to DEPMS to forfeit either in whole or in part, in its absolute

discretion, the performance security furnished by the Contractor towards the

satisfaction of any sum due to be claimed for any damages, losses, charges, expenses

or cost that may be suffered or incurred by DEPMS. The decision of DEPMS in respect

of damages, losses, charges, costs or expenses shall be final and binding on the

Contractor.

8.12 Cancellation of Agreement

8.12.1 The Contractor, if breaches any condition or clause of the Contract the DPEMS is

entitled to cancel the Contract and also entitled to demand and recover the loss

incurred to it due to such end of the Contract.

8.12.2 If the Government scheme is closed, due to accidental decision of State/Central

Government or any amendment and the proceedings of purchase is stopped by the

DPEMS then the Contract will automatically come to an end for which Contractor is

not entitled to demand/receive any type of loss amount or cannot initiate any legal

proceedings against DPEMS.

8.12.3 DEPMS may, in its sole discretion, in the event of cancellation due to late or defective

supply be entitled to purchase or authorize purchase from elsewhere without notice

to the Contractor, on his account at the risk of the Contractor, of the Materials not so

delivered or others of similar description without cancelling the Contract in respect

of the installments not yet due for delivery.

8.13 Price Variation

No Price Variation will be payable to the Contractor during Contract period &

extended period if any.

8.14 Laws and Regulations

43 | P a g e

8.14.1 Governing Law.

The Contract shall be governed by and construed in accordance with the laws and

by-laws of India, the State of Maharashtra and the local bodies in District. All

disputes arising under or in relation to this Agreement shall be subject to

jurisdiction of the Courts in Pune only to the exclusion of other courts.

8.14.2 Disputes:

a) If a dispute of any kind whatsoever arises between the Contractor & DPEMS, the

matter shall be referred in writing to the Principal Secretary, School Education &

Sports Department, Maharashtra State Mantralaya Mumbai within 14 Days from the

date of dispute.

b) The Principal Secretary, School Education & Sports Dept. Maharashtra State,

Mantralaya Mumbai shall give his decision in writing within 28 Days of receipt of

such representation. The decision of The Principal Secretary School Education &

Sports Dept. Maharashtra State, Mantralaya Mumbai shall be final & binding on both

parties.

8.15 Permits, Fees, Taxes

Unless otherwise provided in the contract documents, the contractor shall secure

and pay for all permits, Government fees and licenses necessary for the execution

and completion of the works. The contractor shall pay all duties including excise

duty, sales tax, works contract tax, local taxes, VAT or GST, Income tax and other

taxes and any other levies required by law including all taxes. DPEMS authorities

will not take any responsibility of refund of such taxes/fees and in case of disputes

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

44 | P a g e

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

permits and fees, carried out by the Contractor and detected subsequently shall be

the sole responsibility of the Contractor and his legal heirs.

Further DPEMS shall not honor any claim arising out of any increase in any of the

prevailing statutory duties, taxes, levies etc. as the same are inter-alia covered under

the Price Variation Clause. At the time of quoting /bidding Contractor should bear

the above fact in mind.

8.16 Assignment

8.16.1 Consent Required: It is expressly understood and agreed that this Contract is

personal to Contractor, and that the Contractor shall not be entitled to the right,

power or authority to assign or delegate or transfer any of their respective rights or

obligations under this Contract or any portion thereof, or a part or the whole of this

Contract, without the prior written consent of DEPMS. The Contractor shall be

entitled to, at any time, with DEPMS approval (after a written notice), assign any or

all of its rights given under this Contract to its subsidiaries, group companies or any

person/ entity to whom the Contractor transfers its entire business provided such

assignees agree to be bound by the terms of this Contract.

8.16.2 Successors and Assigns - All of the rights, benefits, duties, liabilities and obligations

of the Parties hereto shall inure to the benefit of and be binding upon their

respective successors and permitted assigns.

8.17 Force Majeure

8.17.1 In any of the force majeure circumstances, namely act of God, natural calamities, fire,

Government of India’s policy, Maharashtra State Government’s policy, any

restriction imposed by State/Central Government (excluding any stock limits),

strikers or lockout by workers, war, military operations of any nature and blockades

preventing the Contractor from the performance of the contract, shall be extended

for as long as these circumstances prevail. In the event of these circumstances, if the

45 | P a g e

continuation takes place for more than three months, the party can have the right to

refuse its contractual obligations without title to indemnification of any losses

which may thereby sustain. The party which is unable to carry out its contractual

obligations shall immediately advise the other party of the commencement and the

termination of the circumstances preventing the performance of the contract.

8.17.2 A certificate issued by the respective Department of Government of Maharashtra will

be sufficient proof of the existence and time (gross) duration of such circumstances.

8.18 Corrupt or Fraudulent Practices

8.18.1 DPEMS requires that the Bidders shall observe the highest standards of ethics the

execution of the contracts. In pursuant to this policy, DPEMS will reject a proposal for

award, if it determines that the Bidder recommended for award has engaged in

Corrupt Practice or Fraudulent Practices in competing for the contract in question.

8.18.2 DPEMS will declare a firm ineligible, either indefinitely or for a stated period of time,

to be awarded any DPEMS contract, if it at any time determines that the firm has

engaged in corrupt or fraudulent practices in competing for, or in executing DPEMS

contracts.

8.18.3 Corrupt Practices and Fraudulent Practices for the purpose of this provision, shall

mean as follows

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

value to influence the action of the public official in the procurement process or

contract execution; and

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

procurement process or execution of the contract to the detriment of DPEMS.

8.18.4 D.P.E.M.S. requires that the Bidder should not submit any false/Fake document. If

showing any false information regarding to tender condition for acceptance of the

Bid if D.P.E.M.S. find such fake documents then has right to reject or disqualify the

Bid & to take legal action against such bidder.

46 | P a g e

8.19 General Obligations of the Contractor

8.19.1 The Contractor shall duly transport rice/wheat/millets from FCI godowns and supply

food grains and pulses, fortified edible oil, spices and condiments to designated

schools or to the Designated Places notified as centralized kitchens by the

government of Maharashtra for cooking purposes for the urban areas as specified

in the Delivery Schedule and perform all other acts and things in the Contract

Documents, mentioned or described or which are to be implied there from or may be

reasonably necessary for the completion of the Services and at the times and in the

manner and subject to the terms and conditions or stipulations mentioned in the

Contract.

8.19.2 The Contractor shall adhere to safety requirements, packaging requirements,

technical specifications etc for the Materials and under no circumstances shall

DEPMS be liable for the same.

8.19.3 The Contractor after receiving supply order with school wise distribution chart to

supply of food grain Material, within 20 Working days from the date of supply order.

DEPMS has accepted the Bid of the Contractor for the supply of food grains, pulses,

fortified edible oils, spices and condiments and for transportation of

rice/wheat/millet for the Contract Price upon the terms and conditions set forth in

the Contract Documents.

8.19.4 The Contractor shall comply and abide in all respects with the provisions of all

statues, Rules and Regulations applicable to the Contractor’s employees, labour and

workers and to its sub-contractors including but not limited to the Minimum Wages

Act, Employee State Insurance Act 1948, Employees Provident Fund and

Miscellaneous Provisions Act 1952, Payment of Bonus Act 1972, the Contract Labour

(Regulation & Abolition) Act 1970, Workmen’s Compensation Act, Payment of Wages

Act, and the Rules made there under.

8.19.5 The Contractor shall confirm with all labour welfare legislation, has and shall procure

separate code number/ registration numbers under the schemes of Provident Fund

and Employees State Insurance. The Contractor should not employ any child labour.

The Contractor shall be solely liable for payment of salaries, wages and other legal

47 | P a g e

dues of the employees, labour and workers employed by the Contractor for purpose

of rendering the Services required by DEPMS under this Contract.

8.19.6 The Contractor shall maintain proper books, accounts, records and documents and

comply with all statutory Rules and Regulation, which are applicable to the

Contractor for the fulfillment of the terms of this Contract. The Contractor shall

maintain all the statutory registers and records and submit all the returns to the

statutory authorities as required under law.

8.19.7 The Contractor shall be responsible to meet any liability arising out of bodily injury or

death of his employees / workmen and shall take Workmen Compensation Policies

adequately covering any compensation that may be due to such injured / deceased

employee or workmen. In the absence of such insurance, DEPMS shall be entitled to

withhold any amount that is due to the Contractor towards the performance of the

Contract. The Contractor shall submit to DEPMS necessary documents proofs of the

insurance policies covering risks aforesaid and any other document relating thereto.

8.19.8 Notwithstanding anything to the contrary contained in the Contract Documents, the

Contractor shall ensure its subcontractors, agents, directors, officers, personnel and

others acting through or on behalf of the Contractor comply with all laws applicable

in the state of Maharashtra including the by-laws or regulations of local authorities,

state regulations under the Central Acts and has obtained from the local authorities

all permissions and approvals required for the plying of trucks, transport of food

materials and food grains and supply of food grains, and the Contractor shall give all

notices and pay all fees and charges that are and that can be demanded by law there

under. The Contract Price for the Services, the Contractor includes the payment of all

such fees and charges.

8.19.9 The Contractor shall directly obtain all licenses, permits, clearance from customs etc

required for the execution of the Services. The Contractor shall ensure that all drivers

employed for transportation of the Materials shall have valid driving licenses and the

vehicles have appropriate fitness certificates for operation of the vehicles.

8.19.10 Pre intimation of food grain delivery schedule should be communicated to the

Concerned Head Master /Teacher of schools/Concerned Kendra Pramaukh /

48 | P a g e

Concerned Extension Officer/ Concerned Block education Officer/ Education Officer

by SMS from supplier.

9 It is decided to transfer cooking cost to one school in each taluka at school level on

pilot basis for six month. After taking review and comparing both system (i.e.

Transferring cooking cost at school level and to supply ingredients to school) the

decision will be taken which procedure to be continue.

10 Rate submitted by the bidder should not exceed the rates approved by the State

Government.

11 Guideline issued by State Government vide Government Resolutions Dated

01.12..2016 are applicable for this tender process.

(Sunil Chouhan) Director of Education (Primary)

M.S. Pune - 1.

ANNEXURE A: TECHNICAL SPECIFICATIONS

The Bidder should, if applicable, submit their samples of all the food items as per the rules

and regulations and quality specifications as stated herein. In addition to the Specifications

stated herein, the samples and the Materials should be in compliance with the Food Safety

and Standards Act, 2006 and Food Safety and Standards regulations and Rules, 2011

(together referred to as “FSS Act and Rules”) and Prevention of Food Adulteration Act,

1954 and rules (“PFA Acct and Rules”). Pursuant to acceptance of the proposal of

Contractor/ successful Bidder by DEPMS, he is required to supply the goods as per rules and

regulations and quality specifications prescribed by DEPMS in this section and these

Specifications have to be followed by the Contractor strictly. The definitions of the various

49 | P a g e

terms and interpretations are set out in Section A while the quality Specifications prescribed

against the grains/ pulses listed below are listed in Section B1 to B8

a) Moog Dal Quality Specifications Section B1

b) Masoor Dal Quality Specifications Section B2

c) Toor Dal Quality Specifications Section B3

d) Gram Quality Specifications Section B4

e) Chawli Quality Specifications Section B5

f) Matki Quality Specifications Section B6

g) Whole Moong Quality Specifications Section B7

h) Peas Quality Specifications Section B8

i) fortified edible Oil Specification Section B9

j) Chilly Powder mixed with onion and garlic Specification Section B10

k) Turmeric powder Specification Section B11

l) Double Fortified salt Specification Section B12

m) Cumin Specification Section B13

n) Mustard Specification Section B14

o) Chilly Powder Section B15

p) Garam Masala Section B16

Section A: Defintions

Definitions:- Whenever used in this Contract, RFP or the Special Characteristics column in

the charts below, the following terms shall have the respective meaning given to them

below:

i. “Foreign Matter” means any extraneous matter other than food grain comprising of

inorganic matter. The inorganic matter shall include sand, gravel, dirt, pebbles,

stones, glass and metallic pieces, lumps of earth, clay and mud, animal filth. Organic

matter shall include husk, chaff, straw, weed seeds and other inedible grains. Paddy

shall be considered as foreign matter in commodities other than paddy.

ii. “Damaged Or Discoloured Pulses” means those Pulses that are internally

damaged or discoloured due to heat, moisture, weather or microbes, to such an

50 | P a g e

extent that such damage or discolouration materially affects the quality of the

Pulses.

iii. “Weeviled Grains” means those grains that are partially or wholly bored or eaten

by weevil or other grain insects.

iv. “Admixture” means any pulses or grains other than principal pulses/ grain.

v. “Other Edible Grains” means any edible grains (including oilseeds) other than the

one which is under consideration.

vi. “Slightly Damaged Or Touched” means those kernels or pieces of kernels that are

damaged or discoloured, superficially so as not to affect the quality of the material.

vii. “Green Grains” means those Pulses that are green in colour.

viii. “Brokers” include pieces below 3/4 and above 1/4 of the full size of the split pulse.

ix. “Fragments” means those pieces of kernels that are one fourth or less than the full

size of the split pulse.

x. “Partially Husked” means Kernels or pieces of Kernels carrying husk on one

sixteenth or larger portion.

xi. “Moisture” means the loss in mass caused as a result of heating for two hours at

130 to 133 0C under specified conditions and expressed as percentage.

Section B1- Quality Specifications of DEPMS for MOONG SPLIT (Mogar) / (Mogar)

(Sortex Quality)

Dal Moong shall consist of split of green grams (Phaseolusaureus Roxb, Phaseolusraditus).

It shall be sound, clean ,sweet, wholesome and free from unwholesome. It shall also

conform to the following standards, namely :-

a) Moisture - Not more than 14 percent by weight (obtained by

heating the pulverized grains at 130 ° C for two hours)

b) Foreign matter - Not more than 1 per cent by weight of which not

(Extraneous matter) more than 0.25 per cent. by weight shall be mineral

51 | P a g e

matter and not more than 0.10 per cent. By weight

shall be impurities of animal origin.

c) Other edible grains - Not more than 4 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevil led grains - Not more than 3 per cent by count.

f) Uric acid - Not more than 100 mg per kg

g) Aflatoxin - Not more than 30 micrograms per kilograms.

Provided that the total of foreign matter, other edible grains and damaged grains

shall not exceed 6 per cent by weight.

Section B2- Quality Specifications of DEPMS for Masoor Dal

Dal masur shall consist of dehusked whole and spilt seed of the lentil

(Lenileschulentamoench or lens culinaris Medik or Ervem lens linn). It shall be sound,

clean, dry, sweet wholesome and free from admixture of unwholesome substance. It shall

also confirm to the following standards namely :-

a) Moisture - Not more than 14 per cent by weight

(obtained by heating the pulverized grains at 130°C - 133°C for two hours )

b) Foreign Matter ( Extraneous Matter ) - Not more than 1 per cent by weight of which not

more than 0.25 per cent by weight shall be mineral matter and not more than 0.10

percent by weight shall be impurities of animal origin.

c) Other edible grains - Not more than 2 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevilled grains - Not more than 3 per cent by Count.

f) Uric Acid - Not more than 100 mg per kg.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 7 percent by weight.

Section B3- Quality Specifications of DEPMS for Toor Dal

52 | P a g e

Dal Tur shall consist of husk and spilt seeds of red gram ( Cajanuscajan (L) Millsp). It

shall be sound, clean, sweet, dry, wholesome and free from admixture of unwholesome

substance. It shall also confirm to the following standards namely :-

a) Moisture - Not more than 14 per cent by weight

(obtained by heating the pulverized grains at 130°C - 133°C for two hours )

b) Foreign Matter ( Extraneous Matter ) - Not more than 1 percent by weight of which not

more than 0.25 per cent by weight shall be mineral matter and not more than 0.10

percent by weight shall be impurities of animal origin.

c) Other edible grains - Not more than 0.5 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevilled grains - Not more than 3 per cent by Count.

f) Uric Acid - Not more than 100 mg per kg.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 6 percent by weight.

Section B4- Quality Specifications of DEPMS for Gram

Chana whole shall be dried grains of gram (cicerarietinum Linn). It shall be sound,

clean, sweet, dry, wholesome and free from unwholesome substance. It shall also confirm

to the following standards namely :-

a) Moisture - Not more than 16 per cent by weight

(obtained by heating the pulverized grains at 130°C - 133°C for two hours )

b) Foreign Matter ( Extraneous Matter ) - Not more than 1 percent by weight of which

not more than 0.25 per cent by weight shall be mineral matter and not more than 0.10

percent by weight shall be impurities of animal origin.

c) Other edible grains - Not more than 4 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevilled grains - Not more than 10 per cent by Count.

f) Uric Acid - Not more than 100 mg per kg.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

53 | P a g e

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 9 percent by weight.

Section B5- Quality Specifications of DEPMS for Chawli

Chawali whole shall be dried grains of gram it shall be sound, clean, sweet, wholesome

and free from unwholesome substance. It shall confirm to the following standards namely -

a) Moisture - Not more than 16 per cent by weight

(obtained by heating the pulverized grains at 130°C - 133°C for two hours )

b) Foreign Matter ( Extraneous Matter ) - Not more than 1 percent by weight of which

not more than 0.25 per cent by weight shall be mineral matter and not more than 0.10

percent by weight shall be impurities of animal origin.

c) Other edible grains - Not more than 6 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevilled grains - Not more than 10 per cent by Count.

f) Uric Acid - Not more than 100 mg per kg.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 12 percent by weight.

Section B6- Quality Specifications of DEPMS for Chawli

Matki whole shall be dried grains of gram it shall be sound, clean, sweet, wholesome

and free from unwholesome substance. It shall confirm to the following standards namely -

a) Moisture - Not more than 16 per cent by weight

(obtained by heating the pulverized grains at 130°C - 133°C for two hours )

b) Foreign Matter ( Extraneous Matter ) - Not more than 1 percent by weight of which

not more than 0.25 per cent by weight shall be mineral matter and not more than 0.10

percent by weight shall be impurities of animal origin.

c) Other edible grains - Not more than 6 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevilled grains - Not more than 10 per cent by Count.

54 | P a g e

f) Uric Acid - Not more than 100 mg per kg.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 12 percent by weight.

Section B7- Quality Specifications of DEPMS for whole Moong (Sortex Quality)

Moong whole shall be seeds of green gram (PhaseolousauruesRoxb.,

Phaseolousrediatusroxb). It shall be sound, clean, sweet, wholesome and free from

admixture of unwholesome substance. It shall confirm to the following standards namely:-

a) Moisture - Not more than 14 per cent by weight

(obtained by heating the pulverized grains at 130°C - 133°C for two hours )

b) Foreign Matter ( Extraneous Matter ) - Not more than 1 percent by weight of which

not more than 0.25 per cent by weight shall be mineral matter and not more than 0.10

percent by weight shall be impurities of animal origin.

c) Other edible grains - Not more than 4 per cent by weight.

d) Damaged grains - Not more than 5 per cent by weight.

e) Weevilled grains - Not more than 6 per cent by Count.

f) Uric Acid - Not more than 100 mg per kg.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 9 percent by weight.

Section B9- Quality Specifications of DEPMS for Refined Soya Oil

Soyabean oil means the oil expressed from clean and sound soyabeans (soja max) from

which the major portion of the gums naturally present have been remove by hydration and

mechanical or physical separation. It shall be clear, free from rancidity, suspended or other

foreign matter, separated water added colouring or flavoring substances or mineral oil. It

shall confirm to the following standards :-

a) Butyro-Refractometer reading at 40 °C 58.5 to 68.0

Or

55 | P a g e

b) Refractive index at 40 °C - 1.4649-1.4710

c) Saponification Value - 189 to 195

d) Iodine Value - 120 to 141

e) Unsaponifiable matter - Not more than 1.5 %

f) Acid value - Not more than 2.50

g) Phosphorus - Not more than 0.02

Test for argemone oil shall be negative.

However it may contain food additives permitted in these regulations and appendices.

Further, If the oil is obtained by the method of solvent extraction and the oil imported to

the India whether obtained by solvent extraction or otherwise, it shall be supplied for

human consumption only After refining and shall conform to the standards laid down

under regulation 2.2.1 (16) the oil so refined shall not contain hexane more than 5.00 p.m

Section B10- Quality Specifications of DEPMS for Chilly Powder mixed with onion and

garlic (Masala Powder)

The Chilly Powder mixed with onion and Garlic ( Masala Powder ) shall

a) Be clean with no use of artificial colouring agents, and in sound merchantable

conditions.

b) Be free from living and dead insects, fungus infections, added colouring matter, moulds,

obnoxious smell, discolouration.

c) Be free from rodent, hair and excreta.

d) Be free from toxic or noxious seeds or foreign particles which are commonly recognized

as harmful to health..

e) Have good cooking quality.

f) It must confirm to the norms of food safety and standards ( food products standards and

food additives) regulation act.

g) Aflatoxin - Not more than 30 micrograms per kilogram.

Provided that the total foreign matter other edible grains and damaged grains shall be

exceed 12 percent by weight.

Section B11- Quality Specifications of DEPMS for Turmeric Powder

56 | P a g e

The turmeric powder means the powder obtained by grinding dried rhizomes or

bulbous roots of Curcuma Longa L. The Powder shall have Characteristic odour and flavor

and shall be free from mustiness or other foreign odour. It shall be free from mould, living

and dead insects, insect fragments, rodent contamination. The powder shall be free from

added colouring matter including Lead chromate and morphologtically extraneous matter

including foreign starch.

It shall confirm to the following standards:-

a) Moisture Not more than 10.00 per cent by weight

b) Total ash on dry basis Not more than 9 percent by weight

c) Ash insoluble in dill Not more than 1.5 per cent by weight.

HCL on dry basis

d) Colouring Powder - Not more than 2.0 per cent by weight.

Expressed as curcuminoid Content on dry basis

e) Total starch - Not more than 60.00 per cent by Count.

f) Test for lead chrome - Negative

Section B12- Quality Specifications of DEPMS for Double Fortified Salt

The Double Fortified Salt means a crushed crystalline solid, White or white or pale or

pink pr light gray in colour. Free from contamination with clay and other extraneous

adulterants and impurities. Salt used for manufacture of double fortified salt shall have

minimum 99.00 percent sodium chloride content on dry weight basis and moisture not

more than 1.5 percent and it shall conform following standards namely :-

Moisture Not more than 1.5 per cent by weight

Water insoluble matter Not more than 1 % on dry weight basis.

Chloride content (as NACL) Not more than 97 % on dry weight basis.

Matter soluble in dilute HCL - Not more than 0.30% on dry weight basis

Matter soluble in water other than NACL - Not more than 2.5 % on dry weight basis.

Iron content ( as Fe) - 850-1100 parts per million

Iodine contents :-

a) Manufactures level Not less than 30 PPM

b) Distribution Channel including retail level Not less than 15 PPM

57 | P a g e

Phosphorous as P2 O5 2800-3100 PPM

Sulphate as ( SO 4) Not more than 1.1 percent by weight

Magnesium as (Mg) Water Soluble Not more than 0.10 percent by weight.

pH value in 5% aqueous solution 3.5 to 5.5

Provided that double fortified salt may contain sodium hexmetaphosphate ( food grade) as

stabilizer at connection of not more than 1.0 percent on dry weihgt basis.

Section B13- Quality Specifications of DEPMS Cumin

The cumin (Safed Zeera) whole means that dried mature fruits of Cuminum Cyminum L.

It shall have characteristic aromatic flavor free from mustiness. It shall be free from mould

living and dead insects, insects fragments, rodent contamination. The product shall be free

from added colour and harmful substance. It shall be confirm following standards.

a) Extraneous matter Not more than 3.0% by weight

b) Broken Fruits (Damaged Shrivelled, discolored and immature seed)

Not more than 5.0% by weight

c) Moisture Not more than 10.00% by weight

d) Total ash on dry basis Not more than 9.5% by weight

e) Ash insoluble in Not more than 3.00 % by weight

Dilute HCL on dry basis

f) Non Volatile either Not less than 15.00 % by weight

Extract on dry basis

g) Volatile oil content Not less than 1.5 % by v/w

on dry basis

h) Proportion of edible seeds Absent

Other than cumin seeds

i) Insect damaged matter Not more than 1.00 % by weight

Section B14- Quality Specifications of DEPMS mustard

The mustard (Rai, Serson) Whole means the dried, clean mature seeds of one or more

plants of Brassica alba (L). Boiss (Safed rai), Brassica Compestris L. Var, dichotima (Kali

Sarson), Brassica Compestris, L VAr, Yellow Sarson, Syn, Brassica compestries L. Varglauca

(Pilisarson), Brassica Compestris L. Vartoria (Toria) Brassicajuncea, (L). Coss et Czern

58 | P a g e

(rai,Lotni) and Brassica nigra ( L), Koch ( Benarasirai) it shall be free from mould living and

dead insects, insects fragments rodent contamination. The product shall be free from the

seeds of Argemone Maxicana L, any other harmful substances and added colouring matter.

It shall be confirm to the following standards :-

a) Extraneous matter Not more than 2.0% by weight

b) Damaged and immature seed Not more than 2.0% by weight

c) Moisture Not more than 10.00% by weight

d) Total ash on dry basis Not more than 6.5% by weight

e) Ash insoluble in Not more than 1.00 % by weight

Dilute HCL on dry basis

f) Non Volatile either Not less than 28.00 % by weight

Extract on dry basis

g) Volatile oil content Not less than 0.3% by v/w

on dry basis

h) Insect damaged matter Not more than 1.00 % by weight

i) Allylisothiocyanate (m/m) on dry basis

a) B Nigra Not less than 1.00 % by weight

b) B Juncea Not less than 0.70 % by weight

j) P-hydroxybenzyliso Not less than 2.3 % by weight

Thiocyanate (m/m) on dry basis in sinapist alba

k) Argmone seeds Absent

Section B15- Quality Specifications of DEPMS for Chilly powder

The chilli and capsicum (Lal Mirchi) powder means the powder obtained by grinding

clean ripe fruits or pods of capsicum annum L and capsicum frutescens L. It shall be free

clean ripe fruits or pods of Capsicum annum L and capsicum frutescens L. It shall be free

from mould, living and dead insects, insects fragments, rodent contamination. The powder

shall be dry, free from dirt, extraneous colouring matter, flavoring matter, mineral oil and

other harmful substances. The chili powder may containany edible vegetable oil to a

maximum limit of 2.0 percent by weight under a label declaration for the amount and

nature of oil used.

59 | P a g e

It shall be confirm to the following standards :-

Moisture Not more than 11.00% by weight

Total ash on dry basis Not more than 8.00% by weight

Ash insoluble in Not more than 1.3 % by weight

Dilute HCL on dry basis

Crude fibre Not more than 30.00 % by weight

Non volatile ether Not more than 12.00 % by weight

Extract on dry basis

Section B16- Quality Specifications of DEPMS for GARAM MASALA

The Garam masala shall

a) Be clean with no use of artificial colouring agents, and in sound merchantable

conditions.

b) Be free from living and dead insects, fungus infections, added colouring matter, moulds,

obnoxious smell, discolouration.

c) Be free from rodent, hair and excreta.

d) Be free from toxic or noxious seeds or foreign particles which are commonly recognized

as harmful to health.

e) Have good cooking quality.

f) It must confirm to the norms of food safety and standards ( food products standards and

food additives) regulation act.

Section D- Marking on the Bags

Following matter should be Printing matter on Gunny Bag/

sealed packs

[•] (insert the name of pulse, grain, spice, oil or condiments to be delivered)

Net Weight : [•]Kg/ Grams.

Packing month: ______________

60 | P a g e

Supplier name & address: __________________________ ___________________________

Supplier Code: __________Bid No. __________

Name of School: ________________

ONLY FOR MID-DAY-MEAL SCHEME OF GOVERNMENT OF MAHARASHTRA

ANNEXURE B FORMAT OF COMMERCIAL BID

COMMERCIAL BID

61 | P a g e

Price Tender Form

(Business Enveloper) (Enveloper No.2)

Name of the District – -----------------

Note: The Bidder has to filled his offer appropriate place as mentioned in ITB.

Name of Work: Mid Day Meal scheme - transportation of rice from godowns of FCI to schools (Rural & Urban both) or to the Designated Places notified as

centralized kitchens by the government of Maharashtra for cooking purposes for the

urban areas and supply of pulses, oil, spices and condiments in the schools of rural area in District namely--------------------in Maharashtra state.

Name :-

Add. Of the Applicant

Tel. No. :-

Fax No.

Email

Regn. No.of Institution :-

PAN No: :-

I. Supply of the Materials

We, the Bidder have submitted the 2 pcs of samples of items in the plastic bag of 500

gms duly sealed with the name of the Bidder to be tested in the laboratory. We

understand that the samples which do not conform to the Specifications prescribed

by the department in Annexure A of the RFP will be summarily rejected & this

commercial bid will not be opened.

We are ready to provide the following Materials directly to the schools in rural areas

in the one year period from the date of the Order given as per the rates denoted

against them.

62 | P a g e

Sr.No.

Item Name Specification Basic Price

VAT or GST (Central / State

Other Tax

Transportations/Packaging / shortfall / other expenses

Total Final Rate Per Kg. (Rs.)

1 2 3 4 5 6 7 8 (4+5+6+7

=8)

a) Moog Dal As per Specification B1

b) Masoor Dal As per Specification B2

c) Toor Dal As per Specification B3

d) Gram As per Specification B4

e) Chawli As per Specification B5

f) Matki As per Specification B6

g) Whole Moong As per Specification B7

h) Peas As per Specification B8

i) fortified edible oil

As per Specification B9 (Rate In liter)

j)

Chilly powder mixed with onion & garlic Specification

As per Specification B10

k) Turmeric powder

As per Specification B11

l) Double Fortified Salt

As per Specification B12

m) Cumin As per Specification B13

n) Mustard As per Specification B14

o) Chilly powder As per Specification B15

p) Garam Masala As per Specification B16

As per the format given in the Tender Application we have submitted the samples of

grains for Laboratory testing verification.

II. Transportation Costs

63 | P a g e

The rate for transportation of rice/ wheat/ millet from the godowns of FCI to the

schools in urban/ rural areas or to Designated Places shall be

Transportations

Basic Price Per

Kg in Rs.

Government

Tax (Central /

State) in Rs.

Other Tax in

Rs.

Shortfall and

other

expenses in

Rs.

Total Rate of

Transportations

per Kg. in Rs.

1 2 3 4 5(1+2+3+4=5)

This Contract Price includes all transportation charges and the other expenses that may be incurred in this regard.

I/We have read the General Conditions of Contract enclosed with the said Tender Application & thereafter only we have signed on the same. The General Conditions of Contract mentioned in the same are binding on me/us & they are agreeable to us.

‘DECLARATION OF THE CONTRACTOR’

I / We hereby declare that I / We have made myself / ourselves thoroughly conversant with the Specifications, General Conditions of Contract (GCC) & nature of work regarding such items on which I / We have based my / our rate for this tender. The Specifications, GCC and leads on this work have been carefully studied and understood before submitting this tender. I / We undertake to use only the best Materials as per Specifications approved by DPEMS or his duly authorised representative during execution of the work and to abide by the decisions. I / We are fully responsible for adherence to GCC and for quality & quantity of goods supplied .

Name, Sign & Seal of the Bidder

ANNEXURE C: FORMAT OF SELF CERTIFICATE

(On non-Judicial stamp of Rs.100/- with Notarize)

64 | P a g e

To,

DPEMS

Sub: Certificate.

Ref: RFP No.______________________________ due on __________________.

We declare that we have not been deregistered or debarred or blacklisted or suspended for

any product or constituent of the product we have quoted, be any State

Government/Central Government/Government undertakings/Local Authority till the due

date of submission of bid as specified in the NIT. If we, at a later date, are found guilty of

suppressing facts in this regard, such act on our part, shall be considered a fraudulent

practice in accordance with Clause 8.18 mentioned under RFP and the Corporation shall be

entitled to reject our Bid and or resend the contract, if awarded and forfeit the Earnest

Money Deposit/Performance Security Deposit submitted by us against this RFP.

We have also noted that after submission of Bid and before Award of Contract. If we are de-

registered or debarred or blacklisted by any State Government/Central Government/Govt.

undertaking/Local Authority, our bid will be considered as nonresponsive.

Date: _______________ (Signature) ____________________

Place: _______________ (Print Name) ______________________________

(Designation)

______________________________

(Common Seal)

65 | P a g e

ANNEXURE D

AGREEMENT FOR TRANSPORT OF RICE/WHEAT/MILLET AND SUPPLY OF FOOD

GRAINS AND PULSES

(Agreement should be Register to Registration Department cost of bidder )

This agreement is made at ____________________ on _____________________

Between

Directorate of Primary Education, Maharashtra State, a department of Government of

Maharashtra and having its office at 1st floor, Central Building, Dr. Annie Besant road, Pune

-411001(Hereinafter referred to as “DEPMS”) which expression shall unless the context

otherwise requires includes its administrators and assignees) on ONE PART

and

____________________________________________________________________________,“Contractor” which

expression shall unless the context otherwise require, include its administrators,

successors and permitted assignees) on the OTHER PART.

WHEREAS

A. The DEPMS vide Tender Notice _____________________________,dated _________ has invited

tenders for transportation of rice/wheat/ millets from FCI godowns to schools or to

the Designated Places notified as centralized kitchens by the government of

Maharashtra for cooking purposes for the urban areas and supply of food grains

pulses, oil, spices and condiments to schools in accordance with the supply order issued

by DEPMS as per the requirement of MDM Scheme for the year 2017-18

66 | P a g e

B. The DEPMS has accepted the offer made by the Contractor in terms of Annexure A

Format of Commercial Bid dated _______ in accordance with the supply order issued

by DEPMS (“Services”) at the rate offered by the Contractor.

IT IS HEREBY WITNESSSTH

1. DPEMS is desirous of and the Contractor has agreed to execute the Services and any

other related works in the manner detailed in the documents, listed below

(collectively with this Contract referred to as the “Contract” and each individually

as “Contract Documents”) and shall be construed and read in the order of

precedence given herein under:

a. This Contract Agreement on Stamp paper and any modification or

amendment theretor

b. Letter of Acceptance & Work Order.

c. The RFP along with General Conditions of Contract (GCC)

d. Declaration of Contractor and Tender Form ‘C’

2. The Parties, hereto agree that this Contract shall be effective for a period of one year

from [●], being the date of Notification of Award as mentioned in the RFP.

3. The Parties agree that during the Term of this Contract, the Contract Documents

referred above shall form an integral part of this Contract. Specifically the General

Conditions of Contract (GCC) incorporated in the Tender No. ______ shall form an

integral part of this Agreement and shall govern the performance of the Services to

be undertaken at the rates specified in the Format Of Commercial Bid dated _______

of the Contractor, and the said Commercial Bid is to be referred to only for the

purpose of rates.

4. Any capitalized term(s) used but not defined herein shall have the same meanings

as is ascribed to them under the respective Contract Documents

67 | P a g e

IN WITNESS WHEREOF the parties present have executed these on the day and the year

first above written.

Signed and Delivered Signed and

Delivered

for and on behalf of for and on behalf of

Directorate of Primary Education, Maharashtra State (Contractor)

By: By:

DATE: ` DATE:

PLACE: PLACE :

IN PRESENCE OF WITNESS

1. 1.

2. 2.

(Sunil Chouhan)

Director of Education (Primary) M.S. Pune -1.