Create PDF with PDF4U. If you wish to remove this line, please click here to purchase the full version

Transcription

1 Telephone: Reply should be addressed to The Commander-in-Chief Headquarter Andaman & Nicobar Command Port Blair ANC/52819/Vegetable (F)/ARC-08/14-15 Dec 14 M/s CALL FOR TENDERS FOR SUPPLY OF VEGETABLE (FRESH) HQ ANC SUPPLIES AT PORT BLAIR FOR THE PERIOD FROM DATE OF AWARD OF CONTRACT Sir, 1. On behalf of the president of India Tenders for supply of Vegetable (Fresh) at Port Blair from the vendors having valid CST number for the period of one year from the date of award of contract (Exact date of commencement of contract will be notified in the acceptance of tender notice) for operation of services to HQANC shown in the attached schedule (IAFZ -2121) are invited by the Commander in-chief, Andaman & Nicobar Command. The date of commencement is provisional and subject to change to be notified in the acceptance of tender note (IAFZ-2124). A complete set of the contract forms amended upto date governing the contract have been issued to you.you should fill (IAFZ-2120) and send the same duly signed in a sealed cover marked TENDER FOR SUPPLY OF VEGETABLE (FRESH) and addressed to the Commander-in- Chief, Headquarters, Andaman & Nicobar Command and not any officer by name. If the tender is sent by post, this cover may be enclosed in a second strong cover. The outer cover will be addressed to the Command Logistics Officer, Headquarters, Andaman & Nicobar Command and will not bear any indication of the contents. The Tenders will be received till 1000 hrs on 16 Dec 14 and will be opened at the office of above officer at 1030 hrs on 16 Dec 14 in the presence of the tenderers present. 2. You are to sign and date both the tender and schedule. You will make the supplies as per specifications and conditions attached. You will not make any alteration or addition to any of the documents connected with the tender. Tenders that do not comply with the conditions specified above are liable to be rejected. 3. Your particular attention is drawn to paras 2, 3, 5, 6, 7, 11 and 13 of the Instructions to Tenderers (IAFZ A) issued to you with the complete set of contract forms attached. 4. You will hold your offer open upto and including any date before the last date of commencing of the contract i.e., If the tender is withdrawn before this date, the current money of the tenders will be forfeited.

2 5. Earnest money for an amount of Rs. 12,38, twelve lakhs thirty eight thousand six hundred fifty only ) should be deposited alongwith the quotes in the form of Account payee demand draft / Fixed Deposit Receipt / Bankers Cheque bank Gurantee from any of the commercial banks in favour of Commander-in-Chief, ANC port Blair. The EMD of unsuccessful tenderers will be returned after award of contract. Tenders received without or with less EMD will be rejected without intimation to the tenderers. 6. The approval or rejection of tenders rests with the Commander-in-Chief, Headquarters, Andaman & Nicobar Command, Port Blair who reserves to himself the right of rejecting any tender in whole or in part or any item in whole or in part in respect of any or all the delivery points shown in the Schedule (IAFZ ) without cause assigned. The lowest tender will not necessarily be accepted. 7. Any further information required can be obtained on application on any working day between 1000 hrs from the Headquarters, Andaman & Nicobar Command, Port Blair. 8. Payment of bills of successful tenderers will be made by joint controller of Defence Accounts (ANC), Port Blair. 9. With reference to Para 19 of IAFZ A), the officer operating the contract will be the Base Victualling Officer, Base Victualling yard, Port Blair. 10. Please return this letter duly signed alongwith the complete tender forms attached. 11. If the contractor fails to deliver the stores / services or any installments thereof with in the delivery period or at any time repudiates the contract before expiry of such period, the CFA, without prejudice to the right of the purchaser to any other remedy or breach or contract, may recover from the contractor, a sum equivalent to 0.5% of the prices of any stores which the contractor has failed to deliver within the period agreed for delivery in the contract, for each week or part thereof during which the delivery of such stores may be in arrears, where delivery thereof is accepted after expiry of the aforesaid period. The total damages shall not exceed value of 10 % of undelivered goods. The LD can not exceed the amount stipulated in the contract. 12. Security deposit is payable by the supplier/contractor/firm at the rate of 10% of the total contract value. 13. The bid should be valid for 90 days from the date of tender opening. Yours faithfully, Signature of witness Name Signature of Tenderer Name

3 II 1. I/We are in possession of complete set of contract forms issued by you and have understood and agree to abide by the above instructions, as well as those contained in the contract forms. The attached tender forms duly complete and signed are submitted herewith. Station: Signature of Tenderer Capacity of Tenderer/Partner Authorized Authority etc. Date:

4 IAFZ 2120 TENDER FOR THE SUPPLY OF VEGETABLE (FRESH) AT BASE VICTUALLING YARD, PORT BLAIR Details of Earnest Money sent herewith To be filled in by the Tenderer:-. Description No. Date Face Value (Rs.) To The President of India Through; The Commander-in-Chief Headquarters Andaman & Nicobar Command Port Blair. I/We the undersigned, agree on acceptance of this tender whole or in part, to supply to the President of India hereafter referred to as the Government, which expression shall include those duly authorised to act for him, in accordance with such acceptance, so many of the articles specified in the schedule attached hereto, as the Headquarters, Andaman & Nicobar Command, Port Blair may actually require during the period any date between and (Exact date of commencement of contract to be notified in the Acceptance of tender Note) to (or to such date at this period may be extended under the conditions of clause 19(ii) of this tender), subject to the conditions & stipulations specified in this tender (including any schedules and Specifications and Conditions contained therein or attached hereto) in the acceptance and in the Instructions to Tenderers (all of which constitute and are hereafter referred to as the Contract ). I/We shall deliver the supplies at my/our expense in such quantities, at such time, in such, manner, to such person and at such place (within the area covered by the contract, as specified in the schedule) as the Government may direct. 2. I/We shall furnish, as security deposit, within twenty days of issue of notice (IAFZ-2124) of the acceptance of this tender (in whole or in part), or before the commencement by me/us, whichever is earlier, (or within such extended time as may at sole option of Government be granted to me/us) the sum specified to in paragraph 6 of the Instructions to Tenderers (IAFZ A) and such deposit or earnest money submitted with the tender if the security deposit, Signature Witness (s) Signature of Tenderer (s)

5 In lieu of IAFZ-2120 has not been remitted at the time of the breach of non-performance will be liable to forfeiture in the event of any breach of non performance on my/our part of the contract. If I/We fail to furnish such security deposit within the time aforesaid, this contract will be forthwith terminated and earnest money forfeited under the order of officer sanctioning the contract or the officer officiating in his place as notified in local orders. If the security deposit is accepted in the form of bank deposit receipt which matures before the security deposit is returnable under clause 17(iv) hereof I/we shall be at liberty to renew same subject always to the lien created in favour of Government under clause 7 of the Instruction to Tenderers (IAFZ-2137-A). I/we agree that in the event of any delay in lodging the security deposit, the contract operating officer/jcda may deduct the requisite amount of security deposit from my/our contract, the amount will be deducted by contract operating officer and in case the payment is directly made by JCDA (ANC), Port Blair on receipt of intimation from the contract operating officer. 3. Any change in the constitution of my/our firm shall be notified forthwith by me/us in writing to the authority sanctioning the contract and such change shall not relieve any former member of the firm from any liability under the contract. No new partners shall be accepted into the firm by me/us in respect of this contract unless he/they agree(s) to abide by all its terms and conditions and deposit(s) with the officer sanctioning the contract a written agreement to this effect. My/our receipt of acknowledgement of that of any partners subsequently accepted as above shall abide me/us and will be sufficient discharge for any of the purpose of the contract. 4. The officer sanctioning the contract may authorise such officers as he may wish to operate the contract on his behalf and I/we and my/our agent will accept and carry out instructions given by such officers (or their representatives) in connection with the contract as if these were issued by the officer sanctioning the contract. (a) Government reserves its right to allow a price preference up to a maximum of 10% to Central Government Enterprises/ State Government Undertakings in terms of Bureau of public sector Enterprises letter No.GL-008/08/25-1/80/PPE/MM dated 15 Oct. 80 as amended from time to time. (b) The Government of India has also reserved some items for purchase from registered Micro, Small and Medium Enterprises (MSMEs). Under the Government Stores Purchase Programme, the Government of India has been extending various facilities as given below to these MSMEs registered with NSIC under its Single Point Registration Scheme: (i) Issue of Tender Sets free of cost; (ii) Exemption from payment of Earnest Money; (iii) Waiver of Security Deposit up to the monetary limit for which the unit is registered; and (iv) Price Preference up to 15% over the quotation of large-scale units. Signature of Witness(s) Signature of Tenderer(s)

6 In Lieu of IAFZ (a) All monies of compensation payable by me/us to Government under the terms of the contract, may be deducted from or realised from sale of sufficient part of my/our security deposit or from interest arising there from or from any sums which may be due or may become due to me/us, by Government under this contract or any other contract or any other account with the Government. In the event of my/our security deposit being deducted by reason of any such deductions or sale, as aforesaid or should the value of such receipts or securities depreciate in value during the period that that be held as such security deposit, I /we shall within twenty days from the date my/our being called upon to do so, make good in case of receipts of securities, the amount required to complete the security deposit to the original value. (b) Any sum of money due and payable to the contractor (including security deposit returnable to him/them) under the contract may be appropriated by the purchaser or the Government or any other person or persons contracting through the Commander-in-Chief, Headquarters, Andaman & Nicobar Command, Port Blair and set off against any claim of the Government or such other person or persons for the payment of sum of money arising out of this contract or under any other contract made by the contractor with the Government or such other person or persons. 6. (a) The officer to whom supplies are to be rendered (in the contract referred to as the officer operating the contract, which expression shall include his duly authorised representative) may reject the supplies in whole or in part if in his opinion they are not in all respects, in accordance with the contract. (b) I/we shall not charge or be paid for supplies rejected as above, and such supplies shall be removed by me/us at once and at my/our own expense. (c) I/we shall neither claim nor be entitled to payment for any damage that rejected supplies may suffer from segregation/ sorting, cutting, tearing or any other harm incidental to full and proper examination and test of such supplies. (d) Government shall be under no liability whatsoever for rejected supplies for which no Govt. storage space shall be provided and the same shall be at my risk. If rejected supplies are not removed by me/us within 24 Hrs of rejection, the officer operating the contract shall have the right to remove/ be entitled to cause the same to be removed and to charge me/us with all the expenses incurred in such removal will be payable by the contractor or to leave them on Government premises and to charge me/us rent for the space occupied the amount of such rent being settled, in case of dispute by the officer sanctioning the contract or to sell or otherwise dispose of the goods on my/our behalf and at my/our risk and to retain any money realised (after paying expense of sale) towards any sum, due from me/us. Signature of Witness(s) Signature of Tenderer(s)

7 In Lieu of IAFZ-2120 (e) Government shall, in the event of rejection of supplies be entitled to demand replacement, at my/our own cost, of such supplies of the quality required or if replacement is not permitted, to recover from me/us the railway freight at public tariff rate on rejected supplies from the place of despatch to the place at which rejection took place. 7. In the event of: (a) Rejection of my/our supplies as described in paragraph 6 (a) above of. (b) My/our failing, declining, neglecting or delaying to comply with any demand or requisition or otherwise not executing the same in accordance with the terms of contract, the officer operating the contract or his successor in office shall have the right (without prejudice to any other remedy the Government may have on account of any claim for compensation against loss and inconvenience caused by such breach or non-performance of the contract) to purchase equivalent quantity from local market/ any other source, or to procure or to arrange from Government stocks or otherwise, at my/our expense such supplies as may have been rejected or that I/we have failed, declined, neglected, or delayed to supply,or such authorised substitutes therefore as are specified in the schedule here to and are approved by the officer operating the contract and any excess cost so incurred over the contract price (together with all incidental charges and expenses) incurred in purchasing procuring or arranging for such supplies or their authorised substitutes and in cases where issues in replacements are made from Government stocks or supplies, the cost or value of such stocks or supplies (together with all incidental charges or expenses) shall be recoverable from me/us on demand. (c) I further agree that extra expenditure on account of risk and expense purchases made by the Government as per sub clause 7 (b) above may be deducted out of my/our 95 per cent payment of bill ex-supply deposit/05 per cent payment ex JCDA due to me or from the security deposits as the case may be pertaining to the said contract. In the event of any dispute on reasonableness of the actual amount recovered from me/us it will only be resolved at my/our instance under clause 21 of this deed (IAFZ-2120). 8. The Officer sanctioning the contract or the officer officiating in his place as notified in local orders may rescind his contract by notice to me/us in writing :- Signature of Witness(s) Signature of Tenderer(s)

8 In Lieu of IAFZ-2120 (a) If I/we assign or sublet my/our contract without his written approval, or if I/we attempt to do so. (b) If I/we or any of my/our agents of servants shall (i) Be guilty of fraud in respect of this contract or any other contract entered into by me/us with Government or (ii) Directly or indirectly give, promise or offer any bribe, gratuity, gift, loan, perquisite reward or advantage, pecuniary or otherwise to any officer or person in the employment of the Government in any way relating to such officers or persons or employment. (c) If any such officer or person, mentioned in sub paragraph (b) (ii) of this para, becomes in any way directly or indirectly interested in the contract. (d) If I/we decline, neglect, or delay to comply with any demand or requisition or in any other way fail to perform or observe any conditions of the contract. (e) If I/we or any of my/our partners become insolvent or apply for relief as an insolvent debtor or commence any of my/our creditors or attempt to do so or, in the case of my/our being registered company, any order to be duly made or any resolution be duly passed for the winding up of the Company. In the case of such rescission, my/our security deposit for such portion thereof as the officer sanctioning the contract or the officer officiating in his place as notified in the local orders consider fit or adequate shall stand forfeited and be absolutely at the disposal of Government without prejudice to any other remedy or action that the Government may have or take. If this contract be for supply at more than one station its rescission under these conditions shall not be effected by the acceptance, meanwhile or subsequently, or supplies accepted or made at any station in ignorance of the rescission. Signature of Witness(s) Signature of Tenderer(s)

9 In Lieu of IAFZ-2120 In the case of such rescission, the Government shall be entitled to recover from me/us on demand any extra expense the Government may be put to in obtaining supplies hereby agreed to be supplied, from elsewhere in any manner mentioned in clauses 7 (b) hereof for the remainder of the period for which this contract was entered into, without prejudice to any other remedy the Government may have. 9. Notwithstanding anything hereinafter contained and without prejudice thereto the officer operating the contract or his successor in office may recover from me/us compensation, such sum as he considers reasonable. (a) If any goods entrusted to me/us under the contract be lost, damaged or depreciated unless such loss, damage or depreciation be due to the act of God or of the enemies of the Government. (b) If I/we fail to observe or perform any condition of the contract. 9.A Clause 1 of this contract deed IAFZ-212 applies to the carriage of all stores etc, irrespective of the clause of the schedule under which they are being carried. 10. Decision as to recovery of monies from me/us in respect of purchase or arrangement at my/our expenses or of compensation by order of the officer operating the contract under paragraph 7 or 9 above and any order for rescission of the contract by the officer sanctioning the contract under paragraph 8 above shall be subject to an appeal if preferred in writing by me/us within 15 days of issue of such decision or order to such officers immediate superior commander, whose decision shall be accepted as final. If such appeal be not duly notified to the immediate superior commander within that period the original decision or order in question shall be accepted as final. 11. I/we shall be liable to pay rent for facilities on Military land including cold storage if and when occupied by me/us in the course of the contract as per the rate prescribed by the station Board of Officer from time to time till the acceptance of goods or to be fixed by the officer sanctioning the occupation of the land and limited by the officer sanctioning the contract. 12. No payment will be made in advance for any supplies under this contract. 12.A All questions concerning the payment of refund of octroi or terminal taxes and for settlement between the contractor, the Municipal or other authority concerned, the Headquarters, Andaman & Nicobar Command, Port Blair admits no liability in this connection and will not enter into any correspondence on the subject. Signature of Witness(s) Signature of Tenderer(s)

10 In Lieu IAFZ On the supplies being accepted, I shall be entitled to be furnished with a certificate from the proper officer of Government, to the effect that such supplies have become the property of Government, for the purpose of enabling me/us to obtain a refund of the amounts paid by me/us or octroi duty in respect of such supplies, provided such refunds is permissible by the law under which such octroi duty has been levied. 14. If, during the currency of the contract, the specification of any articles or articles to be supplied there under be changed, I/we shall continue to supply the said article or articles in accordance with the new specification, at a rate to be mutually agreed to in writing at the time of such change, and, in default of such agreement, the contract, in so far as it relates to the said article or articles in respect of which no agreement has been arrived at, shall be rescinded but no such change shall affect the supply of any of the other articles under the contract or entitle me/us to any compensation. 15. I/we shall oblige my/our servants and agents to confirm to any reasonable instructions to ensure their punctuality in attendance or supply cleanliness and respectful behavior that may be given by the Officer sanctioning the contract or the officer operating the contract. 16. In respect of supply of all goods under this contract, any officer of the department concerned or any Medical officer acting on behalf of the Officer sanctioning the contract may, at any time is authorized to check/ examine these supplies (previous to issue to Receiving officers). I/we shall comply, without unnecessary delay, with any reasonable instructions or suggestions issued by such officers in connection with the preparation, storing and handling of such supplies, any expenditure incurred by me/us in the course of such compliance is not chargeable to me/us under this contract being borne by me/us if the officer sanctioning the contract may so decide. 17. (a) I/we shall submit to the officer operating the contract up to 95% of bills (in case any part of payments of our bills are payable by the officer operating the contract) and the remaining 5% to the Joint Controller of Defence Accounts (ANC), Port Blair (in case part or full payments of our bills are payable by the Joint Controller of Defence Accounts (ANC), Port Blair by eighth and/or by twenty third day of each month depending upon payment being monthly or fortnightly my/our bills or services for each station duly accepted during the preceding month or fortnight as the case may be. These bills will be presented by me/us on the correct printed forms (to be obtained by me/us from the officer operating contract) and shall be received by me/us and be supported by the receipted voucher given to me/us by Receiving Officer. Signature of Witness(s) Signature of Tenderer(s)

11 In Lieu IAFZ-2120 The Charges of these bills shall always be entered the same rates for each supply/services as are shown in the schedule of the contract under such clause of the schedule as pertains to it and is specified by officer operating the contract in the requisition order. (b) I/we shall be responsible for taking all possible steps to obtain receipted vouchers from Receiving Officers in time to ensure of correct submission of my/our bills within the period specified above. In the event of failure to obtain receipted vouchers in time, I/we will bring the matter to the notice of the Officer Operating the contract and I/we agree that in case such delay, all and complete charges for all supplies accepted in any month shall be submitted complete and in proper order to the JCDA (ANC), Port Blair before the end of the following month. (c) If any retrenchment be made in payment of any bill submitted be me/us other than in respect of an ordinary audit objection and except in respect of recoveries under paragraph 7 and 9 above on which final decisions have already been given such retrenchment shall be subject to an appeal, if preferred by me/us in writing within one month to the officer sanctioning the contract, whose decision shall be accepted by me/us as final. If the retrenchment be withdrawn and submission of fresh bill for the amount retrenched be sanctioned I/we shall submit this bill to the JCDA (Navy), Port Blair with all necessary supporting vouchers, within fifteen days of such decision being given. (d) My/Our security deposit or any balance thereof remaining at the end of the contract shall not be returned to me/us until my/our accounts have been finally audited and settled and until I/we have executed the usual No Demand Certificate (IAFZ-451). 18. In the event of the withdrawal for reduction in the numbers of troops or animals and consequent ceasing of or reduction in demand, I/we shall not be entitled to any compensation. The Officer sanctioning the contract or officer operating the contract will however, make reasonable endeavors to give warning of any impending complete withdrawal or of any reduction seriously effecting quantities likely to be required under the contract. 19. (a) In the event of state of emergency being declared by the PRESIDENT OF INDIA in the area under which this contract is held and the control of supplies such as are required under the contract being taken over by the Civil, Military Authorities, I/we agree to obtain my/our requirements for the purpose of this contract and without extra cost to Government, i.e. without altering the original tender rate for supply under the contract. (b) In the event of such state of emergency being declared while the contract is in force and within 60 days before expiry of the contract period, I/we hereby agree that, if desired by the officer sanctioning the contract, the contract shall continue to in force up to 60 days after the date originally fixed for the termination of the contract. Signature of Witness(s) Signature of Tenderer(s)

12 In Lieu IAFZ-2120 (c) Notwithstanding anything to the contrary herein contained if the Military situation necessitates such a course, this contract be terminated by the officer sanctioned the contract of giving 60 days notice at any time without the contract being entitled to any compensation on that account. (d) After the state of emergency has been declared by the PRESIDENT OF INDIA which covers the area in which the contract is held by the Commander-in-Chief, Headquarters, Andaman & Nicobar Command, Port Blair will at his sole discretion decide the date from which the Military situation warrants the termination of the contract and such date will be communicated to me/us in writing and I/we agree to accept his decision as fully binding on me/us from that date. 19 A (a) By virtue of my/our position as a contractor, I/we fully understand that I/we am/are not to divulge any military information that may come to my/our knowledge regarding strength, composition, location or sites etc, to any un authorised persons. (b) I/we realise that it is a criminal offence to disclose such information and my/our failure to observe these orders will involve the termination of this contract. This will also make me/us liable to prosecution under the relevant sections of Criminal Procedure Code. (c) The same conditions will apply to any of any/our local representatives and servants employed by me/us from time to time. (d) I/we shall take all measures necessary to ensure the safe custody of my/our contract deeds. 20. I/we acknowledge that I/we have made myself/ourselves fully acquainted with all the conditions and circumstances under which the supplies required under the contract will have to be made or furnished and with all the terms, clauses, conditions, specifications and other details of the contract and I/we shall not plead ignorance of any of these as excuse in case of complaint against or rejection of supplies tendered by me/us or with a view either to asking for enhancement of any rates agreed to in the contract or to evading any of my/our obligations under the contract. 21. (a) In the event of any question, dispute or difference arising under these conditions or any special conditions of contract, or in connection with this contract (except as to any matter the decision of which is specially provided for by these or the special conditions) the same shall be referred to the sole arbitration of the Officer sanctioning the contract as per powers conferred by clause (i) of Article 299 of the constitution or of any officer appointed by him not below the rank of Commander. The award of the arbitration shall be final and binding on the parties to this contract Signature of Witness(s) Signature of Tenderer(s)

13 In Lieu IAFZ-2120 (b) In the event of the arbitrator to whom the matter is referred denying, neglecting or refusing to act or resigning or being unable to act, including transfer to another place or his award being set aside by the court, or any reason it shall be lawful for the contract sanctioning officer to appoint another arbitration in place of the outgoing arbitrator in the matter aforesaid. (c) It will be no objection that the arbitrator is a Government servant provided that such arbitrator had not been associated with the dispute or difference in question, not had expressed his view on any of the matters in such dispute of difference. (d) It is further a term of the contract that no person other than the person appointed by the contract sanctioning officer as aforesaid should act as arbitrator and that, if for any reason that is not possible, the matter is not to be referred to arbitration at all. (e) A demand for the arbitration shall be in writing and made within six months from the date of termination of the contract. The date of termination of contract shall mean and include:- (i) The last date of delivery of goods according to the terms of the contract. (ii) In case where the contract is cancelled wholly or partly the date when the letter of cancellation is issued. (iii) It is also a term of the contract that in case the contractor(s) do/does not make any demand for arbitration in writing within 180 days of receiving the intimation from the Government that the final bill in settlement of account is ready for payment or the date on which the dispute in regard to interpretation of terms of contract has arisen, the right of the contractor to claim arbitration will be deemed to have been extinguished and absolutely barred and by virtue of abandonment of the claims the Government shall be discharged and released of all liabilities arising out of the performance of the contract and the claims pertaining thereto. (f) The arbitrator may from time to time with the consent of the parties to the contract enlarge the time for making the award. (g) It is also a term of this contract that in case where the amount of claim of dispute is Rs.30,000/- thirty thousand only) and above the arbitrator shall give reasons for his award. Signature of Witness(s) Signature of Tenderer(s)

14 In Lieu IAFZ-2120 (h) The venue of the arbitration shall be in place which the acceptable note was issued or such other place that the arbitrator at his discretion may determine. (j) Subject as aforesaid, the Arbitration Act 1940 and the rules there under and any statutory modification thereof for the time being in force or in rules made there under shall apply to the arbitration proceeding under this clause. (k) It is condition of this contract that by mere initiation or continuation of the arbitration proceedings, the contractor shall not stop or suspend the performance of the contractual obligations. (l) In this clause the expression the officer sanctioning the contract includes his successor in office or any other officer who is for the time being discharging the duties of such officer in addition to other functions or otherwise. 22. (a) If the rate of the contracted items is increased or decreased by an act of legislature during the currency of the contract, then the contract rate will be correspondingly varied. (b) I/we, in the rates tendered have taken into consideration the effect of any new bill under discussion in legislature. 23. I/we agree to military Local Purchase organisation carrying on its activities and exploring markets in any area in which I/we may obtain procedure to meet demands under this contract either for the purpose of obtaining statistical records or for the purpose of purchasing any commodity for building up reserves of augmenting supplies in other Discricts as may be required from time to time or as may be consistent with any State of other Government control which may be introduced during the currency of this contract. 24. I/we agree to pay fair wages to the labourers employed by me/us. In the event of any dispute as to what constitutes fair wages, the decision of the Area Labour Committee shall be final. 25. I/we or my our agents shall initial the units copy of IAFZ-1520 daily or at the time of deliveries or supplies. 26. I/we will simultaneously obtain on my/our copy of IAFZ-1520 the unit representatives initials at the time of drawing supplies. Signature(s) or mark(s) of Tenderer(s) Signature of Witness(s) Signature of Tenderer(s)

15 In Lieu IAFZ-2120 Name of tenderer(s)... Address... Witness signature Name... Occupation... Address... Station : Date: The day of

16 In lieu of IAFZ-2137-A INSTRUCTIONS TO TENDERERS (With reference to the preparation and submission of tender for the supply of Fruit (Fresh) at Base Victualling Yard, Port Blair between ) To 1. Sealed tenders for the supply of the articles shown in the attached scheduled (IAFZ-2121) from to will be received by the Command Logistics Officer Headquarters, Andaman & Nicobar Command, Port Blair on behalf of the President of India up to on the Tender must be sent under a strong cover, securely fastened sealed with a distinctive device and conspicuously marked Tender for the supply of Vegetable (Fresh) they must be addressed to the President of India through the Command Logistics Officer, Headquarters, Andaman & Nicobar Command, Port Blair and not to any officer by name. When a tender is sent by post, this cover must be enclosed in a second strong cover. These will be opened at HQANC on the 16 Dec 14 in the presence of the tenderers present. 2. (a) The form of Tender (IAFZ-2120) is attached, showing the conditions of supply and includes a schedule (IAFZ-2121) on which you should fill in your rates both in words and in figures. Your rates are to include patent rights (if any) and all freight charges, duties, taxes, rates, or impositions whatever leviable in respect of supplies (except in cases where the contractor is allowed by law under which such duties, taxes, rates or impositions are levied to obtain subsequent refund of sums so paid on presentation of the necessary certificates and unless otherwise stated in the Schedule (IAFZ-2121), you may not quote fraction of a naya paisa in giving these rates. You are to sign and date both tender and schedule. You will make the supplies as per specifications and conditions which are already in your possession. You may not make any alteration in or addition to any of the documents connected with the tender. Signature of Witness(s) Signature of Tenderer(s)

17 PAGE 2 OF INSTRUCTION TO TENDERS (IN LIEU OF IAFZ-2137-A) (b) It is essential that you should tender for all the items shown in the Schedule or even for more than one. You may submit two tender for each item, if you wish to do so i.e. (a) the rate at which you are willing to supply each item separately (b) a lower rate at which you would supply in consideration of your tender rates for all the items being accepted, but in the latter cases, you must distinctly state that these rates are only tendered on this consideration. (c) In the event of a discrepancy between description in words and figures quoted by a tenderer the description in words should prevail. (c) Any special conditions or stipulations attached or referred to in the form of the Tender (IAFZ-2120) shall prevail over the general conditions or stipulation contained therein in so far as and to extent to which the latter are in any way repugnant to the former. 3. You are to initial any erasures or alterations that may have already been made in the forms before they are sent to you and also any further erasures or alterations (if any) that you may accidentally make in the course of completing the forms. 4. If you are a firm (i.e. if you have a partner or partners) each one of your must sign the tender, the Schedule and if it be not embodied in the Scheduled, the Specifications and Special Conditions. If any partner be absent, these forms will be signed by his duly constituted attorney. If any partner signs the tender or any documents forming part of the contract on behalf of the original partnership agreement or the power of attorney duly executed in his favour authorising him to bind the firm in all matters pertaining to the contract including the submission of any dispute relating to business of the firm to arbitration should be attached to the tender or such other documents. If you (or he) must make your (his) seal instead and this mark or seal must be attested and dated by some responsible person. In case where verified copies of partnership deeds and power of attorney are held by the executive authorities, having been submitted at the time of their resignation, the following certificate only may be attached to the tender :- I/we certify that the constitution of my/our firm is as under :- (a) I am the manager and hold proper power of Attorney (copy attached) from other partners in my favour. (b) The following whose signature(s) is/are appended is/are the partners of my/our firm as given in the original partnership agreement and that my/our documents have been signed by all partners shown here under :- Signature of Witness(s) Signature of Tenderer(s)

18 PAGE 3 OF THE INSTRUCTIONS TO TENDERERS (IN LIEU OF IAFZ-2137A) First Partner Address Signature Second Partner Signature of Manager Note :- Item not applicable to be deleted. If you are not a firm the following certificate is to be attached to the tender:- I certify that I am the sole proprietor and there are no partners doing business conjointly with me. In the case of Limited Company registered in accordance with the Article of Association, the following certificate may be attached to the tender :- I certify that I am the managing Director and I hold the Power of Attorney executed in accordance with the Articles of Association of the Company to sign all documents on behalf of the Company. In case where a partner of a firm dies before acceptance of the tender, surviving partner (or partners) and legal representative of the deceased must renew the tender. The signature of one recognised agent on behalf of all partners of a firm can only be accepted if he holds a proper power of Attorney, must be submitted for inspection at the time of tendering. It must be in the case of Registered Company, be executed in accordance with the Articles of Association of the Company, and in the case of partnership, be signed by all the partners of the firm and must be properly stamped and registered with the District Registration Authorities. The stamp duty payable can be ascertained from the office of the Collector of the District where it is executed. 5. Earnest Money as mentioned in tender notice/schedule should be deposited alongwith the quotes in the form of Account payee Demand draft, Fixed Deposit Receipt, Banker s Cheque or Bank gurantee from any of the commercial banks in favour of Commander-in-Chief, ANC, Port Blair. The EMD of the unsuccessful tenderers will be returned after award of contract. Tenders received without or with less EMD will be rejected without intimation to the tenderer Signature of Witness(s) Signature of Tenderer(s)

19 PAGE 4 OF THE INSTRUCTION TO TENDERERS (IN LIEU OF IAFZ-2137A) 6. The successful tenderer will be notified on IAFZ-2124 of his tender in whole or in part. Till then no tenderer has any right to assume that his tender has been accepted, in whole or in part, and if any tenderer disregard this warning and make any arrangements or incur any expenditure in anticipation of receipt of notice of acceptance he will have no claim for compensation. On issue of the notice of acceptance, the tender will become a contract in so far as the notification shows the whole or part of the tender that has been accepted and the tenderer will furnish the security deposit as specified in the Acceptance of tender (IAFZ-2124) and hand over the Treasury Receipt/Bank Deposit to the Command Logistics Officer, Headquarters, Andaman & Nicobar Command, Port Blair by the time and date as specified in the Acceptance of Tender until receipt of the security deposit, in full or in the event of the non-submission of the security deposit, the earnest money will be retained and considered as part of security and shall be subject to disposal by Government in accordance with clause 2 of IAFZ-2120 and the balance amount if any will be deducted from the payment of the bills of the contractor by the contract operating authority in case the contractor has opted for taking 90% payment from the operating officer. In case the contractor has opted to draw payment direct from JCDA, the JCDA (ANC), Port Blair will be informed by the contract operating officer and there upon the JCDA will effect required deductions. Same action will be taken in case of re-appropriation of security from expired or nearly expiring contracts if the re-appropriation action is not completed within the stipulated period and the security is not deposited by the contractor. The amount of this security deposit will be calculated in terms of rupees on the value of the estimated quantity of supply to be made or rendered by you during the period of the contract for which your tender has been accepted and according to the rates tendered and accepted for the same :- Security Deposit is payable by the supplier/contractor/firm at the rate of 10% of the total contract value 7. Government Securities (including Post Office Cash Certificates, Defence Saving Certificates, National Saving Certificates and National Plan Certificates) These will be accepted at their surrender value at the time of issue of acceptance of tender note. The certificates should be formally transferred to the Joint Controller of Defence Accounts (Navy), Port Blair with the sanction of Head Post Master concerned. No interest is payable on these. Signature of Witness(s) Signature of Tenderer(s)

20 PAGE 5 TO THE INSTRUCTIONS TO TENDERERS (IN LIEU OF IAFZ-2137-A) 8. Earnest money of a successful tenderer will be returned as soon as the security deposit has been furnished (unless it will be used as part of the security deposit) that of unsuccessful tenderers (unless forfeited under clause 9 below) will be returned immediately after rejection of the tenders. 9. The tenderer shall hold the offer open up to and including the last date of termination of contract. It is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation on his part that after submitting his tender, he will not resign from his offer of modify the terms and conditions thereof. Should the tenderer fail to observe and comply with the foregoing stipulation, the earnest money shall be forfeited to the Government without prejudice to any other right of the Government under this contract and the law. The earnest money shall also be liable to be forfeited in full, if the tenderer fails to furnish security deposit by the due date. No interest will be payable on the amount of the earnest money in any case. No cognizance will be taken on any communication relating to withdrawal, revocation or amendment to the tender already submitted except when it is in the form of a letter duly signed by the tenderer, if the tenderer is an individual, by all the partners of the firm, of tenderers or their duly accredited attorney if the tenderers are a partnership firm and by a person having express authority in the case of all limited company. 10. The approval or rejection of tenderers rests with the Commander-in-Chief, Headquarters, Andaman & Nicobar command, Port Blair who reserves to himself the right of rejecting a tender in whole or in part or any item in whole or in part in respect of any or all the delivery points shown in the schedule (IAFZ-2121) without cause assigned. The lowest tender will not necessarily be accepted. 11. The quantities stated on schedule as Approximate Requirements are only given as a rough guide and no claim for compensation will be made or entertained in case these amounts be overdrawn or under drawn. All indents must be complied with at the contract rates whether the quantities demand therein be within or in excess of the Approximate Requirements. 12. Any further information required can be obtained on application on any working day between 0800 hrs and 1400 hrs from the Command Logistics Officer, Headquarters, Andaman & Nicobar Command, Port Blair. 13. These Instructions to Tenderers are to be signed by you and returned with your tender. Signature of Witness(s) Signature of Tenderer(s)

21 PAGE 6 OF THE INSTRUCTION TO TENDERERS (IN LIEU OF IAFZ-2137A) 14. Payment of bills of successful tenderers will be made on the Government Treasury/State Bank of India at Port Blair by crossed cheques. 15. All freight on all stores imported by you in connection with the requirements of the contract will be paid for by you at public rates. Under no circumstance will Government Credit Notes be issued to you in this respect. 16. You will have no claim for compensation if any, concession in octroi duty in railway freight/airfreight air or other charges granted by or understood to be allowed by the railway authorities be subsequently withdrawn, but in the event of any duty of customs or excise on the articles contracted for being imposed increase or decreased or remitted after the date of the contract, the amount of such imposition, increase, decrease or remission shall be added to or deducted from the contract price as the case may be. 17. No priority certificates or letters to railway or other authorities will be given to you to facilitate the carrying out of the contract, except that under exceptional circumstances, which must be explained by you in writing and accepted by him as justifying such assistance, the Base Victualling Officer, Port Blair/other operating officer is authorised to address the railway authorities to assist in supplying freight. The giving of such assistance will no way prejudice Government right to enforce the terms of the contract in case of default. 18. I/we undertake to acknowledge receipt of all cheques including cheques of interim payments) on the specimen form attached hereto, which accompany such cheques issued by the Joint Controller of Defence Accounts (ANC), Port Blair within 15 days of my/our receiving the said cheque(s). I/we clearly understand that:- (a) Failure to acknowledge cheques in the manner prescribed above on my/our part would render me/us liable to:- (i) The forfeiture of the privilege of having cheque(s) sent by post thereafter. (ii) The operating officer of the contract, at his discretion calling upon me/us to furnish an explanation for the non-acknowledgement of the cheque(s) concerned. (b) Resumption of the privileges of cheque by post will be made by the authorities only on receipt of a satisfactory explanation in writing from me/us, failing which I/we shall be required to obtain cheques for further payment(s) in respect of this contract from the office of JCDA (ANC), Port Blair after rendering proper receipt. Signature of Witness(s) Signature of Tenderer(s)

22 PAGE 07 OF THE INSTRUCTION TO TENDERERS (IN LIEU OF IAFZ-2137A) Note:- (i) The blank space will be filled in with the name of the authority concerned before issuing the form to the tenderer. (ii) Such certificates as are not held in the name of the officer or contractor furnishing security but in the name of a third party will not be accepted. (iii) Bank Deposit Receipts Deposit receipts of the State Bank of India and other nationalised banks only will be accepted. The deposit receipts should be made out in the name of the Joint Controller of Defence Accounts (ANC), Port Blair. Notes:- (i) The deposit receipt should be made out in the name of pledge or if it is made out in the name of pledge, the Bank should certify on it that the deposit should be withdrawn only on the demand or with the sanction of pledge. (ii) The depositor should agree in writing to undertake any risk involved in the investment. 3. The Bank should agree that on receipt of signed treasury Chilean and a withdrawal order from the pledge in respect of the deposit or any part thereof it will at once remit the amount specified into the nearest treasury alongwith the challan and send the treasury receipt to the pledge. 4. The responsibility of the pledge in connection with the deposit and the interest on it will cease when he issues a final withdrawal order to the depositor and sends an intimation to the Bank that he has done so. 5. The deposit receipts made out should be valid for period beyond 6 months from the date of expiry of contracts. 6. Deposit receipts is an acknowledgement issued by the Bank, of the money deposited and do not carry necessary interest. Signature of Witness(s) Signature of Tenderer(s)

23 PAGE 8 TO THE INSTRUCTIONS TO TENDERERS (IN LIEU OF IAFZ-2137A) ACKNOWLEDGEMENT FORM I/we... the contractor(s) in contract No... dated... do hereby acknowledge receipt of cheque No... dated... for Rs... drawn on (the name of the Bank/Treasury) in part/full payment of the amount... due to me/us for the work done under the aforesaid contract. Place Date : Signature of Contractor(s) Command Logistics Officer Headquarters Andaman & Nicobar Command Port Blair for and on behalf of the President of India a (Signature, Rank and Designation) of Officer calling for tenders) All the above conditions are accepted by me/us Signature of Witness Name (Block Letters) Signature of Tenderer(s) Name (Block Letters) Occupation: Address: Station: Date: the day of 200 Signature of Witness