INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA GURGAON
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- Ashlyn Arnold
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1 INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA GURGAON BID DOCUMENT FOR APPOINTMENT OF CONTRACTOR FOR PROVIDING SERVICES OF PHOTOCOPY, LASER-PRINTING AND SPIRAL- BINDING OF BOOKS/ STUDY MATERIAL AT INSTITUTE OF FOOD SECURITY, FOOD CORPORATION OF INDIA, INSTITUTIONAL AREA, SECTOR 18, PLOT NO 87, GURGAON (HARYANA) (Visit us at website and ) The Director, Institute of Food Security, Food Corporation of India, Gurgaon Phone ; Fax: , , Institutional Area, Sector-18, Gurgaon ifs.fci@nic.in [0] Signature & Name of the Tenderer with Seal
2 Critical Date-Sheet Tender Publish Date/time Document Download Start Date/time Document Download End Date/time Bid Submission Start Date/time Bid Submission End Date/time Bid Opening Date/time PLACE OF OPENING OF TENDERS , 11.00AM , 11.00AM , 02.00PM , 11.00AM , 02.00PM , 03.30PM Director, Institute of Food Security, Food Corporation of India, Plot No. 87, Institutional Area, Sector-18, Gurgaon (Haryana) [1] Signature & Name of the Tenderer with Seal
3 Part-A TECHNICAL BID [2] Signature & Name of the Tenderer with Seal
4 INSTITUTE OF FOOD SECURITY FOOD CORPORATION OF INDIA GURGAON INVITATION TO ONLINE LIMITED TENDER UNDER TWO BID SYSTEM AND INSTRUCTIONS TO TENDERERS FOR APPOINTMENT OF CONTRACTOR FOR PROVIDING SERVICE S OF PHOTOCOPY, LASER-PRINTING AND SPIRAL- BINDING OF BOOKS/ STUDY MATERIAL AT INSTITUTE OF FOOD SECURITY, FOOD CORPORATION OF INDIA, INSTITUTIONAL AREA, SECTOR 18, PLOT NO 87, GURGAON (HARYANA) (a) (b) Cost of Tender form Free of cost. Tender form can be downloaded from the website and (c) Last date of download of Tender Form up to 2.00PM on (d) Last date for online submission of tender up to 2.00PM on (e) Technical Bid of the Tender to be opened online at 3.30PM on IMPORTANT NOTE: 1. Tender documents may be downloaded from Central Public Procurement Portal Aspiring Bidders/ Suppliers who are not enrolled/registered in e-procurement should get enrolled /registered themselves before participating through the website The portal enrolment is free of cost. Bidders are advised to go through instructions provided at Annexure-A regarding Instructions for online Bid Submission. 2. Tenderers can access Tender Documents on the website, fill them with all relevant information and submit the completed tender document into electronic tender on the website 3. Tenders and supporting documents should be submitted (on-line at through internet) within the prescribed date and time as mentioned in the e-procurement portal. Hard copy of the Tender documents will not be accepted. 4. FCI is using services of Central Public Procurement Portal for e-procurement at [3] Signature & Name of the Tenderer with Seal
5 5. The TECHNICAL BIDS will be opened online at prescribed time and date as mentioned in the critical date sheet. 6. The Tenderers may contact 24X7 helpline No with regard to technical issues relating to functioning of e-procurement platform. 7. Other details can be seen in the Tender Documents. 8. Each tender must be accompanied with Earnest Money as prescribed in the Tender Document. The Tenderers shall deposit EMD in the name of FOOD CORPORATION OF INDIA through RTGS/NEFT in the stipulated IFS, FCI s CC A/c with IFSC Code No.SBIN in State Bank of India, Mehrauli Road, Gurgaon and the scanned copy/soft copy of RTGS/NEFT Acknowledgement of such deposit shall be uploaded alongwith the Technical Bid. 9. Tenderers are advised to follow the instructions provided in the Tender Document for the e- submission of the bids online through the Central Public Procurement Portal for e-procurement at The offers submitted would be governed by all the terms & conditions laid down in the prescribed Tender form and terms & conditions indicated herein. 11. Corporation reserve the right to give preference to any party registered as Small Scale Industries(SSI) unit with National Small Industries Corporation (NSIC) and holding a valid SSI certificate for the Tendered product as per policy of Govt. of India from time to time. 12. Neither FCI nor NIC shall be responsible for non-accessibility of e-procurement portal due to technical glitches or internet connectivity issues at Tenderers end. 13. In case of any clear indication of cartelization or express or implied anti-competitive agreements between the tenderers at the time of finalization of Tender or thereafter, which at any time i.e. before or after award of the Contract comes to the notice of the FCI, the Tendering Authority may reject the relevant Tenders, forfeit their EMD/Security Deposit, recover the losses as assessed by the Authority arising out of such anti-competitive practices of the Tenderer(s) and also recommend the case to the Ministry of Finance/Registrar of Companies/NSIC/Competition Commission of India or any other department having appropriate jurisdiction or Authority, for initiating necessary action including, but non restricted to, cancellation of license. 14. FCI AT ITS SOLE DISCRETION MAY REQUIRE ANY Bidders to rectify any discrepancies noticed in the Technical Bids submitted by them such as missing signature on the page, serial numbers, missing seal, Attestation etc,. It is further clarified that no new Document shall be accepted. Note: If the date fixed for opening of Tenders is subsequently declared a holiday, the Tenders will be opened on the next working day following the holiday but there will be no change in the time for opening as indicated above [4] Signature & Name of the Tenderer with Seal
6 (f) 1. Tender to remain open for acceptance up to and inclusive of (g) 2. The Director, Institute of Food Security, Food Corporation of India, Gurgaon may at his discretion, extend this date by a fortnight and such extension shall be binding on the Tenderers. 3. If the date up to which the Tender is open for acceptance is subsequently declared to be holiday, the Tender shall be deemed to remain open for acceptance till the next working day. Price Bids of only technically qualified Tenderers shall be opened on a date to be intimated later on. Tender Documents are free of cost. Tender Form can also be downloaded from and also from FCI website NOTE: 1. The Director, IFS, FCI for and on behalf of Food Corporation of India reserves the right to reject any or all Tenders without assigning any reason. 2. FCI will not enter into negotiation with any Tenderer including the Lowest Tenderer. [5] Signature & Name of the Tenderer with Seal
7 Invitation to Tender From: The Director, Institute of Food Security, Food Corporation of India, Plot No. 87, Sector 18, GURGAON. To Dear Sir(s), LIMITED TENDER NOTICE For and on behalf of the Food Corporation of India, the Director, Institute of Food Security, Food Corporation of India, Institutional Area, Plot No.87, Sector-18, Gurgaon (Haryana) invites online Limited Tenders under Two Bid System at Central Public Procurement Portal (URL: from parties having experience for rendering services of photocopy, Laser-Printing & Spiral-Binding of books /Study Material job work in Govt. Departments/ PSUs/ Public/ Private Ltd. Co for a period of at least two years. (Signature of Director) [6] Signature & Name of the Tenderer with Seal
8 GENERAL INFORMATION TO TENDERERS 1. OBJECT OF THE CONTRACT: This Institute in the name of "Institute of Food Security" (hereinafter called the IFS) is a training Institute of Food Corporation of India where regular training programmes for employees of FCI as well as other organizations are conducted throughout the year. The participants in every training programme are delivered books of Study Material which are prepared by arranging photocopies, spiral binding & laser printing as per requirement through the regular Contractor i.e. the service provider of the Institute. In addition to this, photocopy and book binding of office documents is also got done from time to time as per need. For the above mentioned job work, a regular Contractor for the Institute is required for rendering satisfactory services of photocopies, spiral binding of books & laser printing. 2. DESCRIPTION OF JOB WORK OF PHOTO COPY, LASER-PRINTING & SPIRAL -BINDING OF BOOKS. (a) Services to be rendered by the Contractor from his/her own work place i.e. from outside the Institute. The services of photocopies, spiral book-bindings & laser printings will be carried out by the Contractor from his/her own work place. The job work will have to be collected by the Contractor from the office of the Institute immediately on being called telephonically from the office and same will be delivered after doing needful within committed/reasonable time, keeping in view the volume of work and distance from the Institute. For this job work, the contractor at his/her own cost will use his/her own papers, photocopier machine, conveyance and other material like power & labour etc. (b) Services to be rendered by the Contractor by installing his/her own photocopier machine in the office of the Institute. (i) (ii) (iii) The Contractor shall be required to install one additional photocopier machine in the office of the Director, IFS, FCI, Gurgaon to meet immediate requirement of photocopies of office documents. On this photocopier machine, he/she shall render services of photocopies by using/supplying his/her own papers and material in same manner as done on the photocopier machine installed at his/her own shop /work place outside the Institute. For carrying out this job work smoothly in the office premises, the Institute/IFS will provide covered space for operating the photocopier machine and will also bear the cost of power to be consumed for the said work. For the photocopier machine installed in the office premises of IFS, FCI, Gurgaon, a monthly rent of Rs. 1,500/- will be paid to the Contractor. In addition to this, item-wise payable rates of photocopy as approved by the Competent Authority will be same both for the services rendered by the Contractor from his own work place (outside the Institute) and those rendered on the photocopier machine installed in the office premises of IFS, FCI, Gurgaon. [7] Signature & Name of the Tenderer with Seal
9 (iv) The Contractor shall keep a proper record of the work by getting the work done duly verified from the concerned officer of the Institute. For this purpose, he/she may maintain a register to make entries of work done. The contractor is also required to keep record of photocopies on the basis of reading shown by the photocopier machine. It will be at the discretion of the Competent Authority as to which of the above mechanism or any other one is to be adopted for keeping proper record of photocopies. (c) (d) (e) It is made clear that the rate payable for each item of Photocopies, Laser Printing & Spiral- Binding both for the services rendered by the Contractor from his/her own work place (outside the Institute) and for the services to be rendered by him/her in the office premises of the Institute, shall be same except additional monthly payment of Rs 1,500/- towards rent for the photocopier machine installed in the office premises of the institute. It will be the sole discretion of Director, IFS, FCI Gurgaon that any item of job work & volume of work can be got carried out at any of the two photocopier machines. The FCI does not guarantee any minimum/maximum volume of work to be performed during the currency of the contract. 3 QUALIFICATION CONDITIONS FOR TENDERER: (a) The Tenderers should have experience for having rendered services of photocopy, Laser- Printing & Spiral-Binding of books /Study Material job work in Govt. Departments/ PSUs/ Public/ Private Ltd. Co for a period of at least two years. (b) The Tenderer would be required to produce the Experience certificate(s) in the Performa appended as ANNEXURE-X scanned copy of which shall be uploaded, containing the following details; (i) Nature of work done /services provided. (ii) Period of Contract: It must indicate specific dates of commencement of Contract and its completion. (iii) Relevant Experience: The certificate(s) should also bring out that the tenderer possess experience of rendering photocopy services as aforementioned. (iv) (v) Stating proof of satisfactory execution and completion of contract. The contracts under execution will also be considered provided the certificate contains all the above details. Other documents in support of the Experience viz. copies of Assignment Oder, Agreement etc. other than the certificate(s) required above shall not be considered in any case for determining relevant satisfactory experience. (c) The Tenderer should have Income Tax/ PAN Card. [8] Signature & Name of the Tenderer with Seal
10 (d) The Tenderer should have Service Tax Registration Number. In case, Service Tax registration Certificate not available, then an undertaking mentioning therein the assurance of submission of same within reasonable time-period as decided by this office, may be given. 4. DISQUALIFICATION CONDITIONS. (a) (b) (c) (d) Tenderers who have been blacklisted or otherwise debarred by FCI or any department of Central or State Government or any other Public Sector Undertaking will be ineligible during the period of such blacklisting or for a period of 5 years from the date of blacklisting /debarment, whichever is earlier. Any Tenderer whose contract with the Food Corporation of India, or any Department of Central or State Government or any other Public Sector Undertaking, has been terminated before the expiry of the contract period at any point of time during last five years, will be ineligible. Tenderers whose Earnest Money Deposit and/or Security Deposit has been forfeited by Food Corporation of India or any Department of Central or State Government or any other Public Sector Undertaking, during the last five years, will be ineligible. If the Proprietor /any of the Partners of the Tenderer Firm/any of the Director of the Tenderer company has been, at any time, convicted by a court of an offence and sentenced to imprisonment for a period of three years or more, such Tenderer will be ineligible. (e) While considering ineligibility arising out of any of the above clauses, incurring of any such disqualification in any capacity whatsoever (even as a Proprietor, Partner in another firm, or as Director of a company etc.) will render the Tenderer disqualified. (f) A Hindu Undivided Family shall not be entitled to apply for tender. Any tender submitted in the capacity of Hindu Undivided Family shall be summarily rejected. 5. INSTRUCTIONS FOR SUBMITTING TENDER The instructions to be followed for submitting the tender are set out below:- (a) (b) The Tenderer must fill up and sign the forwarding letter in the format given in Appendix-I. Signing of Tender (i) Person(s) signing the tender shall state in what capacity he/she is, or they are signing the tender, e.g., as sole Proprietor of the firm, or as a Secretary/Manager/Director [9] Signature & Name of the Tenderer with Seal
11 etc., of a Limited Company. In case of Partnership firm, the names of all partners should be disclosed and the tender shall be signed by all the partners or by their duly constituted attorney, having authority to bind all the partners in all matters pertaining to the Contract. The original or an attested copy of the registered Partnership Deed should be furnished along with the tender. In case of Limited Company, the names of all the Directors shall be mentioned, and a copy of the Resolution passed by the Company authorizing the person signing the tender to do so on behalf of the Company shall be uploaded with the tender along with a copy of the Memorandum and Articles of Association of the Company. (ii) The person signing the tender, or any documents forming part of the tender, on behalf of another, or on behalf of a registered firm shall be responsible to produce a proper Power of Attorney duly executed in his/her favour, stating that he/she has authority to bind such other person, or the firm, as the case may be, in all matters, pertaining to the Contract. IF SCANNED COPY OF SAID POWER OF ATTORNEY IS NOT UPLOADED ALONGWITH TENDER, THE TENDER SHALL BE SUMMARILY REJECTED WITHOUT PREJUDICE TO ANY OTHER RIGHT OF THE CORPORATION UNDER THE CONTRACT AND LAW. (iii) The Power of Attorney should be signed by all the Partners in the case of a Registered Partnership Concern, by the Proprietor in the case of proprietary concern, and by the person who by his signature can bind the company in the case of a limited company. The entire tender document must also be signed on each page by the authorized person. 6. EARNEST MONEY (i) Tender must be accompanied by an Earnest Money of Rs.13,000/-(Rupees Thirteen Thousand only). The tenderers shall deposit the EMD through RTGS / NEFT in the stipulated FCI s CC A/c with IFSC Code No.SBIN in State Bank of India, Mehrauli Road, Gurgaon and the scanned copy/ soft copy of RTGS/NEFT acknowledgement of such Deposit shall be uploaded alongwith the Technical Bid. Tender not accompanied by Earnest Money in the form prescribed above shall be summarily rejected. The Tenderer shall be permitted to bid on the express condition that in case he resiles, or modifies his offer, or terms & conditions thereof, after submitting his Tender, for any reason whatsoever during the tender process, or any of the information furnished by him/her is found to incorrect or false, the Earnest Money deposited by him shall stand forfeited, without prejudice to any other rights and remedies of the Corporation under the Contract and Law, and the Tenderer will be liable for any loss suffered by the Corporation on account of his withdrawal / modification etc. besides forfeiture of EMD. He will also be debarred from participating in any other tender Enquiry with FCI for a period of five years. [10] Signature & Name of the Tenderer with Seal
12 (ii) The Earnest Money will be returned to all unsuccessful Tenderer within a period of 30 day from the date of issue of the acceptance letter and to a successful Tenderer, after he has furnished the Security Deposit, if he does not desire the same to be adjusted towards the Security Deposit. However, in case the tender is disqualifies during technical evaluation, the earnest money will be refunded within 15 days of technical disqualification of the tenderer. No interest shall be payable on Earnest Money, in any case. 7. SECURITY DEPOSIT (a) (i) The successful Tenderer shall furnish, within fifteen working days of acceptance of his/her tender, a Security Deposit of Rs.32,000/-(Rupees Thirty Two Thousand only) for the due performance of his obligation under the Contract. Security Deposit will be accepted in the name of FOOD CORPORATION OF INDIA through RTGS/NEFT in the stipulated IFS, FCI s CC A/c with IFSC Code No.SBIN in the State Bank of India, Mehrauli Road, Gurgaon. The successful Tender will have the option to pay 50% of the Security Deposit within a fifteen day of the acceptance of the Tender and remaining 50% by 5% from each admitted bill for work done. (ii) The Corporation will not be liable for payment of any interest on the Security Deposit or any depreciation thereof. (b) (c) (d) If the successful Tenderer had previously held any Contract and furnished Security Deposit, the same shall not be adjusted against this Tender and a fresh Security Deposit will be required to be furnished. The Security Deposit will be refunded to the Contractor on due satisfactory performance of the services, and on completion of all obligations by the Contractor under the terms of the Contract, and on submission of a No Demand Certificate, subject to such deduction from the Security as may be necessary for recovering the Corporation s claims against the Contractor. The Corporation will not be liable for payment of any interest on the Security Deposit. In the event of the Tenderer's failure, after the communication of acceptance of the tender by the Corporation, to furnish the requisite Security Deposit by the due date, his Contract shall be summarily terminated besides forfeiture of the Earnest Money and the Corporation shall proceed for appointment of another Contractor. Any losses or damages arising out of and incurred by the Corporation by such conduct of the Contractor will be recovered from the Contractor, without prejudice to any other rights and remedies of the Corporation [11] Signature & Name of the Tenderer with Seal
13 under the Contract and Law. The contractor will also be debarred from participating in any future tenders of the Corporation for a period of five years. After the completion of prescribed period of five years, the party may be allowed to participate in the future tenders of the Corporation provided all the recoveries/ dues have been effected by the Corporation and there is no dispute pending with the Contractor/Party. 8. SCANNED COPY OF DOCUMENTS REQUIRED TO BE ATTACHED WITH TENDER (Refer APPENDIX II) (a) (b) No documents are to be uploaded with the Price Bid. The Scanned copy of proof of Earnest Money together with the following documents is to be uploaded with Technical Bid only. Duly completed Technical Bid (Part-A) of the Tender Documents with earnest money. The intending Tenderer should upload the following documents (in a serial clearly indicating the name of document) with Technical Bid duly signed by the authorized signatory. The Technical Bid shall be summarily rejected if any of the following documents is not furnished along with Experience Certificate & EMD of Rs.13,000/-(Rupees Thirteen Thousand only) by the Tenderer with the Technical Bid. (i) (ii) (iii) (iv) Scanned copy of Income Tax PAN Card (Attach copy) Scanned copy of Allotment letter of Service Tax Registration No. (Attach copy). In case, Service Tax registration certificate not available, then an undertaking mentioning therein assurance of submission of same within reasonable time period as decided by this office, may be given. Scanned copy of documents, if any, relating to clause 5(b) i.e. Signing of Tender. Tenderer must give the Scanned copy of documentary proof of experience as per qualification conditions for Tender clause- 3( a & b) of General Information to Tenderer. 9. SUBMISSION OF TENDER :- (a) (b) (c) The tender shall be submitted online in Two Parts viz Technical Bid and Price Bid. All supporting documents except tender document have to be scanned and uploaded in Technical Bid. Price bid* as per ANNEXURE II provided in Part-B has to be scanned, encrypted and uploaded at the requisite places in the e-procurement system. The packet in online containing the Technical Bid shall include the following: (i) (ii) (iii) Scanned copy of All the Annexures & Appendices of Tender document duly signed on each page by the tenderer should be scanned and uploaded in e-procurement portal. Scanned copy of Earnest Money Deposit details along-with receipt if any. List of scanned copy of documents attached as per the format in APPENDIX- II duly signed by the tenderer. [12] Signature & Name of the Tenderer with Seal
14 * The tenderer shall quote one uniform percentage i.e. at par or above or below the schedule of rates as per ANNEXURE-II (Price Bid). (d) Tender which do not comply with these instructions or conditional tenders shall be summarily rejected. (e) Tenders should be uploaded / submitted through e-procurement at Manual bids/hard copy of the tender documents will not be accepted. However the successful tenderer will have to submit the original hard copy of Tender Document duly signed on each page of Tender Document alongwith annexures/appendices duly attested on or before the date & time stipulated by FCI, failing which the EMD furnished by the Bidder is liable to be forfeited and further that the award of Contract through the letter of acceptance will be issued to the successful tenderer only after he fulfils this requirement. (f) (g) (h) (i) (j) The supporting documents shall be scanned and uploaded by the tenderer clearly, neatly and accurately in readable format. Any alteration, erasures or overwriting on the supporting documents should be duly initialed by the authorized signatory. Tender not accompanied by all the schedules/annexures intact and duly filled in and signed shall be summarily rejected. It should be clearly understood by the Tenderers that no opportunity shall be given to them to alter, modify or with-draw any offer at any stage after submission of the Tender. Any attempt by tenderer to change the format of any of the supporting documents of the Tender Document while uploading or any attempt to tinker with the software of the portal of the portal will render his tender liable for cancellation and his subsequent blacklisting without prejudice to any other rights the Corporation may have under the Contract and Law. The Tenderer not keeping offers open for the prescriber period are liable to be summarily rejected and their EMD will be forfeited. Offers qualified by such vague and indefinite expressions such as Subject ot immediate acceptance, subject to prior sale etc. WILL NOT be considered. Conditional Tenders would be summarily rejected and EMD would be forfeited in case of any contional Tender. 10. LATE TENDERS. In online e-procurement system, Tenderer will not be able to submit the Tender after the notified last date and time of Tender submission. 11. SUPPORTING DOCUMENTS: The eligible tenderers would be required to show the supporting documents in original or selfattested by Tenderer or Authorized Signatory, as the case may be, on the date to be notified to enable the Corporation to physically verify the authenticity of the documents scanned and uploaded in the e-procurement portal which is pre-qualification for technical evaluation. A list [13] Signature & Name of the Tenderer with Seal
15 of tenderers who qualify the Technical Bid will be available to qualified Tenderers in the e-procurement portal. 12. SUBMISSION OF HARD COPY OF TENDER DOCUMENT As a condition precedent for issuing the Acceptance Letter, successful Tenderer shall submit the hard copy of MTF duly signed by the Tenderer or Authorized Signatory, as the case may be, within seven days from the date of communication of FCI advising the Tenderer to furnish the same failing which EMD of the Tenderer shall be forfeited without prejudice to any other rights and remedies available to the Corporation under the Contract and Law. 13. MODIFICATION AND WITHDRAWN OF TENDER (a) Tenderer may all the time can modify and correct or upload any relevant documents in the portal till the last date and time of tender submission, as published in the e-procurement portal. (b) Withdrawal of Bids is not allowed, one bids are submitted. In case of withdrawal, EMD shall be forfeited. 14. OPENING OF TENDERS: The Technical Bid will be opened online first, in the Office of the Director, Food Corporation of India, Institute of Food Security, Gurgaon at the fixed time and the date indicated in the NIT. The Tenderer will be at liberty to be present either in person or through an Authorized Representative at the time of opening of the Technical Bid with the Bid Acknowledge Receipt or they can view the bid opening event online at their remote end. Price Bids of only those Tenderers shall be opened whose Technical Bids qualify, at a time and place of which Notice will be given. The Tenderer technically qualified will be at liberty to be present either in person or through an authorized representative at the time of opening of the Price Bids with the Bid Acknowledgement Receipt or they can view the bid opening event at their remote end. 15. CORRUPT PRACTICES: Any bribe, commission, or advantage offered or promised by or on behalf of the Tenderer to any officer or official of the Corporation shall (in addition to any criminal liability which the Tenderer may incur) debar his Tender from being considered. Canvassing on the part of or on behalf of the Tenderer will also make his Tender liable to rejection 16. Food Corporation of India reserves the right to reject any or all the Tenders without assigning any reason. The successful Tenderer will be intimated of the acceptance of his Tender by a Letter/Telegram/Fax/ Tenderers shall not indulge in any anti-competitive practice/agreements implied or expressed while participating in the Tender. [14] Signature & Name of the Tenderer with Seal
16 In case of any clear indication of cartelization or express or implied anti-competitive agreements between the Tenderers at the time of finalization of Tender or thereafter, which at any time i.e. before or after award of the Contract comes to the notice of the FCI, the Tendering Authority may reject the relevant Tenders, forfeit their EMD/Security Deposit, recover the losses as assessed by the Authority arising out of such anti-competitive practices of the Tenderer(s) and also recommend the case to the Ministry of Finance/Registrar of Companies/NSIC/Competition Commission of India or any other Department having appropriate jurisdiction or authority, for initiating necessary action including, but non restricted to, cancellation of license. 18. FCI will not enter into negotiations with any Tenderer including the Lowest Tenderer. 19. If the information given by the Tenderer in the Tender Document and its Annexures & Appendices are found to be false /incorrect at any stage, Food Corporation of India shall have the right to disqualify/ summarily terminate the Contract, without prejudice to any other rights & remedies that the Corporation may have under the Contract and Law. 20. In case of breach or violation of any terms and conditions of the Tender Documents including Annexures, Appendices etc. by the Contractor / Tenderer, the Corporation reserves the right to summarily reject the Contract / Tender including forfeiture of EMD/ Security Deposit, without prejudice to any other right or remedies available to the Corporation under the contract and law. Director Food Corporation of India Institute of Food Security Gurgaon [15] Signature & Name of the Tenderer with Seal
17 ANNEXURE I TERMS AND CONDITIONS GOVERNING CONTRACT FOR RENDERING THE SERVICES OF PHOTOCOPY, SPIRAL-BINDING & LASER-PRINTING TO INSTITUTE OF FOOD SECURITY, FOOD CORPORATION OF INDIA, INSTITUTIONAL AREA, PLOT NO-87, SECTOR-18, GURGAON (HARYANA) I. DEFINITIONS:- (a) (b) The term Contract shall mean and include the Invitation to tender incorporating also the instructions to Tenderer, the Tender, its Annexures, Appendices, acceptance of Tender and such general and special conditions as may be added to it. The term Contractor shall mean and include the person(s), Registered Firm or Company with whom the Contract has been placed including their Heirs, Executors, Administrators and Successors and the permitted Assignees as the case may be. (c ) The term Contract Rates shall mean the rates of payment accepted by the Director for and on behalf of the Food Corporation of India. (d) The term Corporation and the Food Corporation wherever they occur, shall mean the Food Corporation of India established under the Food Corporations Act, 1964, and will include its Managing Director/Secretary, and its successor(s). (e ) The term Director shall mean Director of Institute of Food Security, Food Corporation of India, Gurgaon under whose administrative jurisdiction, catering services have to be provided. (f) (g) The term Office shall mean the Food Corporation of India, Institute of Food Security, Plot No. 87, Sector 18, Gurgaon (Haryana) belonging to or in occupation of the Corporation at any time. The term "Services of photocopy /photocopies" shall mean and include services of photocopy of letters /statements /documents etc. rendered by using photocopier machine. II PARTIES TO THE CONTRACT: (a) The parties to the Contract are Contractor and the Food Corporation of India represented by the Director, IFS, FCI, Institutional Area, Plot-87, Sector-18, Gurgaon (Hr.) and/or any other person authorized and acting on his/her behalf. [16] Signature & Name of the Tenderer with Seal
18 (b) (c) The person signing the tender or any other documents forming part of the Tender, on behalf of any other person or a registered Firm shall be deemed to warrant that he/she has the authority to bind such other person or the registered Firm, as the case may be, in all matters pertaining to the Contract. If at any stage, it is found that the person concerned had no such authority, the Corporation may, without prejudice to other civil/ criminal remedies, terminate the Contract and hold the signatory liable for all costs and damages. Notice or any other action to be taken on behalf of the Food Corporation of India may be given/ taken by the Director, IFS, FCI, Institutional Area, Plot-87, Sector-18, Gurgaon (Hr.) or any officer so authorized and acting on his/her behalf. III. CONSTITUTION OF CONTRACTORS (a) (b) (c) Contractors shall, in the Tender, indicate whether he/she/they is/are Sole Proprietary Concern, or Registered Partnership Firm, or a Private Limited Company, or a Public Limited Company. The composition of the partnership, or names of Directors of Company, as applicable, shall be indicated. The Contractor shall also nominate a person for the active management and control of the work relating to the Contract during the tenure of the Contract. The person so nominated shall be deemed to have full authority from the Contractor in respect of the Contract and his/her acts shall be binding on the Contractor. If the Tenderer is a Registered Partnership Firm, there shall not be any re-constitution of the partnership without the prior written consent of the Corporation till the satisfactory completion of the Contract, failing which the Contract shall be forthwith liable for termination treating it as breach of Contract by the Contractor with consequences flowing therefrom. The Contractor shall notify to the Corporation the death / resignation of any of their Partners/ Directors immediately on the occurrence of such an event. On receipt of such notice, the Corporation shall have the right to terminate the Contract. IV. SUBLETTING The Contractor shall not sublet, transfer, or assign the Contract, or any part thereof. In case of subletting, the tender shall be summarily rejected and Security Deposit shall be forfeited without prejudice to any rights or remedies the Corporation may have under the Contract and Law. V. RELATIONSHIP WITH THIRD PARTIES All transactions between the Contractor and third parties shall be carried out as between two principals without reference to the Corporation in any event. The Contractor shall also undertake to make third parties fully aware of the position aforesaid. [17] Signature & Name of the Tenderer with Seal
19 VI. LIABILITY FOR PERSONNEL & PHOTOCOPIER MACHINE: (a) (b) All persons employed by the Contractor shall be engaged by him/her as his/her own employees / workers in all respects, and all rights and liabilities under the Indian Factories Act, or the Employees Compensation Act, or Employees Provident Fund & Misc. Provisions Act, and other applicable enactments in respect of all such personnel shall exclusively be that of the Contractor. The Contractor shall be bound to indemnify the Corporation against all the claims whatsoever in respect of his/her personnel under the Employees Compensation Act, 1923, or any statutory modification thereof or otherwise for or in respect of any damage or compensation payable in consequence of any accident or injury sustained by any workmen or other person whether in employment of the Contractor or not. Contractor shall also comply with all Rules and Regulations/ Enactments made by the State Govt./Central Govt. from time to time pertaining to the Contract including all Labour Laws. c) Maintenance of photocopier machine inclusive of toner, replacement of parts, if any and repair etc., shall be at the cost of the Contractor and IFS, FCI, Gurgaon will in no way be responsible, in this regard, to bear such cost. The Contractor shall ensure that his/her mechanic makes frequent visits to this office to ensure that the Photocopier Machine installed in the office, work smoothly without any fault/ break down in its function. The Contractor shall also ensure that quality of photocopies is properly maintained to avoid any complaint. However, in case of break down/ fault in machine, the Contractor shall have to sort out the problems within 5(five) hours of telephonic complaint from the officer of Institute. (d) (e) (f) The Contractor shall be solely responsible for the redressal of grievances/ resolution of disputes relating to person deployed by them. The Corporation shall, in no way, be responsible for settlement of such issues whatsoever. The Corporation shall not be responsible for any damage, losses, claims, financial or other injury to any person deployed by Contractor in the course of their performing the functions/ duties or payment towards any compensation. For all intents and purposes, the Contractor shall be the Employer within the meaning of different Labur Legislation in respect of personnel so employed and deployed in the office of IFS, FCI, Gurgaon. The persons deployed by the Contractor in the office of IFS, FCI, Gurgaon shall not have claims of any master and servant relationship nor have any Principal and Agent relationship with or against the Corporation. In case of termination of this Contract or its expiry or otherwise, the persons deployed by the Contractor shall not be entitled to and have no claim for any absorption in the regular or otherwise capacity in the office of IFS, FCI, Gurgaon. Contractor should make this known to persons deployed by him/her. [18] Signature & Name of the Tenderer with Seal
20 (g) (h) The personnel deployed by the Contractor shall be the employees of the Contractor and shall neither claim nor shall be entitled to any pay, perks and other facilities admissible to casual, adhoc, regular/confirmed employees of the Corporation during the contract period or after expiry of the Contract. Any liability arising out of accident or death of any personnel while on duty shall be borne by the Contractor. - VII. BRIBE, COMMISSION, GIFT ETC. An Act of bribe, gift or advantage, given, promised or offered by or on behalf of the Contractor, or any one of their Partners/Directors/Agents or officials, or any person on his or her behalf to any Officer, Officials, Representative or Agent of the Corporation, or any person on his or their behalf, for showing any favour or forbearing to show any disfavour to any person in relation to the Contract, shall make the Contractor liable for termination of this Contract or any other Contract with the Corporation and the Contractor shall be liable to reimburse the Corporation of any loss or damage resulting from such cancellation. VIII. PERIOD OF CONTRACT: (a) (b) The Contract shall remain in force for a period of one year from date of joining or such later date as may be decided by the Director. The Contract shall be extendable on the same terms and conditions for a further period of one year on mutual consent. The Corporation reserves the rights to terminate the Contract at any time during its currency without assigning any reasons thereof by giving Thirty Days Notice in writing to the Contractor at the notified address and the Contractor shall not be entitled to any compensation by reason of such termination. The actin of the Corporation under this clause shall be final, conclusive and binding on the Contractor. IX. SECURITY DEPOSIT: (a) (i) The successful Tenderer shall furnish, within fifteen working days of acceptance of his/her tender, a Security Deposit of Rs.32,000/-(Rupees Thirty Two Thousand only) for the due performance of his obligation under the Contract. Security Deposit will be accepted in the name of FOOD CORPORATION OF INDIA through RTGS/NEFT in the stipulated IFS, FCI s CC A/c with IFSC Code No.SBIN in the State Bank of India, Mehrauli Road, Gurgaon. The successful Tender will have the option to pay 50% of the Security Deposit within a fifteen day of the acceptance of the Tender and remaining 50% by 5% from each admitted bill for work done. [19] Signature & Name of the Tenderer with Seal
21 (ii) The Corporation will not be liable for payment of any interest on the Security Deposit or any depreciation thereof. (b) (c) (d) If the successful Tenderer had previously held any Contract and furnished Security Deposit, the same shall not be adjusted against this Tender and a fresh Security Deposit will be required to be furnished. In the event of the Tenderer's failure, after the communication of acceptance of the tender by the Corporation, to furnish the requisite Security Deposit by the due date, his Contract shall be summarily terminated besides forfeiture of the Earnest Money and the Corporation shall proceed for appointment of another Contractor. Any losses or damages arising out of and incurred by the Corporation by such conduct of the Contractor will be recovered from the Contractor, without prejudice to any other rights and remedies of the Corporation under the Contract and Law. The contractor will also be debarred from participating in any future tenders of the Corporation for a period of five years. After the completion of prescribed period of five years, the party may be allowed to participate in the future tenders of the Corporation provided all the recoveries/ dues have been effected by the Corporation and there is no dispute pending with the Contractor/Party. The Security Deposit will be refunded to the Contractor on due satisfactory performance of the services, and on completion of all obligations by the Contractor under the terms of the Contract, and on submission of a No Demand Certificate, subject to such deduction from the Security as may be necessary for recovering the Corporation s claims against the Contractor. The Corporation will not be liable for payment of any interest on the Security Deposit. X. LIABILITY OF CONTRACTOR FOR LOSSES SUFFERED BY CORPORATION & RECOVERY OF LOSSES SUFFERED BY THE CORPORATION: (a) In normal circumstances, if the photocopier machine installed in the office premises does not run smoothly and the problem is not sorted out by the contractor within desired time in a particular month despite complaint, then a cut shall be 10% from contractor's pending admitted bills of that particular month. The Director, IFS, FCI, Gurgaon at his/her discretion may make a deduction more than 10% from contractor's admitted pending bills on account of repeated / poor standard of services rendered in a particular month by the contractor. The decision of Director, IFS, FCI, Gurgaon in this regard will be final. Accordingly, after adjustment of these cuts /deduction, balance payment of the bill will be made. No interest shall be payable for any delay in payment of bills. [20] Signature & Name of the Tenderer with Seal
22 (b) (c) If the services of photocopy or laser-printing or spiral book binding are found to be unsatisfactory time & again at repeated occasions, the Director, IFS, FCI, Gurgaon may terminate the Contract without any notice and all costs & damages incurred by the Corporation on this account due to failure of contractor in performing contractual obligation, will be recovered from his/her pending admitted claims/security Deposit. In exigency or in the event of failure on the part of the Contractor to do the allotted work satisfactorily, the same will be arranged at the risk & cost of the contractor and differential amount on account of extra payment made, if any, shall be recovered from the Contractor and the Contractor may also be black listed. XI. XII. XIII. The Contractor shall have to ensure that the photocopier machine is to be installed by him /her in the office of Director, IFS, FCI, Gurgaon within one week's time from the date of issue of appointment letter. The black-listed parties by the Corporation or Govt./Quasi Govt. organizations will not be qualified. The parties whose EMD is forfeited by the Corporation, will not be qualified. XIV. The Corporation reserves the right not to consider the parties having any dispute with the Corporation in order to protect its interest. XV. SUMMARY TERMINATION OF THE CONTRACT (a) (b) In the event of the contractor having been adjudged insolvent or going into liquidation or winding up their business or making arrangements with his /her creditors or failing to observe any of the provisions of this Contract or any of the terms and conditions governing the Contract, the Director, IFS, FCI, Gurgaon shall be at liberty to terminate the Contract forthwith without prejudice to any other rights or remedies under the Contract and Law and to get the work done for the unexpired period of the Contract at the risk and Cost of the Contractor and to claim from the Contractor any resultant loss sustained or costs incurred by the Corporation. The Director, IFS, FCI, Gurgaon shall also have without prejudice to other rights and remedies, the right, in the event of breach of the Contract or of any of the terms and conditions of the Contract to terminate the Contract forthwith and to get the work done for the unexpired period of the Contract at the Risk and Cost of the Contractor and/or forfeit the Security Deposit or any part thereof for the sum or sum due for any damages, losses, charges, expanses or cost that may be suffered or incurred by the Corporation due to the Contractor s negligence or unknown like performance of any of the services under the Contract. [21] Signature & Name of the Tenderer with Seal
23 XVI. RESPONSIBILITIES OF THE CONTRACTOR (a) (b) (c) (d) (e) (f) The Contractor shall carry out all items of services assigned or entrusted to him /her by the Director, IFS, FCI, Gurgaon or an officer acting on his/her behalf and shall abide by all instructions issued to him/her from time to time by the said officer. He/she shall render the services to the satisfaction of the Director, IFS, FCI or an officer acting on his/her behalf together with ancillary and incidental duties, services and operations as may be indicated by the said officer(s) and are not inconsistent with the terms & conditions of the Contract. The Contractor shall always be bound to act with responsible diligence and in a business-like manner and to use such skill as expected from men of ordinary prudence in the conduct of their activities. Only trained and experienced persons will be supplied by the Contractor to IFS, FCI, Gurgaon for operating the photocopier machine installed at the premises of this Institute. The Contractor shall be responsible for leave, uniforms, bonus and other fringe benefit to the persons provided to IFS, FCI, Gurgaon. The Corporation will not be responsible in any respect with regard to service conditions, salaries and conduct of the personnel provided by the Contractor. The Contractor will be the employer of the persons engaged by him/her and the Corporation will have no concern/ liability whatsoever in respect of their services. The Contractor is liable to provide his /her own personnel and cannot take over the existing personnel, if any, of the erstwhile Contractor. Upon termination of the Contract, the Contractor is liable to remove all his personnel from the premises of IFS, FCI, Gurgaon failing which the Corporation will be entitled to stop all payments due to the Contractor. The Contractor shall be responsible for the good conduct of their employees and shall compensate the Corporation for losses arising from negligence, carelessness, want of skill or misconduct of themselves, their servants or agents or representatives. The Director, IFS, FCI shall have the right to ask for the removal of any employee of Contractor who in his /her opinion is hampering the smooth execution of the work and his/her decision regarding losses caused by neglect and misconduct etc. by the Contractors, their servants and agents or representatives shall be final and binding on the Contractors. The Contractor shall intimate to the Director, IFS, FCI or officers authorized to act on his/her behalf, the name of one or more responsible representative(s) authorized to act on his/her behalf in day to day working of the Contract. It shall be duty of such representative(s) to call at the office of the Director, IFS, FCI or an Officer acting on his /her behalf, every day and generally to remain in touch with them to report the progress and generally to take instructions in the matter. [22] Signature & Name of the Tenderer with Seal
24 XVII. A SET OFF Any sum of money due and payable to the Contractor (including Security Deposit refundable to the Contractor) under this Contract may be appropriated by the Corporation and set off against any claim of the Corporation for the payment of any sum of money arising out of or under this Contract or any other Contract made by the Contractor with the Corporation. XVIII. RATES TO BE OFFERED: The services required to be performed under this Contract have been categorized as itemwise job work of Photocopy, Laser-Printing & Spiral Book Binding based on the approved rates of previous years and other relevant factors, the prescribed rates for each item of services to be rendered are shown in Price Bid (Schedule of Rates). Tenderer has option to offer to work at par with rates shown in the schedule of rates for the services OR offer to work at a uniform percentage of reduction OR enhancement, as the case may be, in the rates mentioned in the schedule of rates. The Tenderer shall be required to offer rates only in one column out of three columns of rates given in clause-3 of Price Bid Format failing which the tender shall summarily be rejected. XIX. FORCE MAJEURE The Contractor will not be responsible for delay which may arise on account of reasons beyond his/her control of which the Director, IFS, FCI, Gurgaon shall be the final judge. Strikes by Contractor s workers on account of any dispute between the Contractor and his/her workers as to wages or otherwise will not be deemed to be a reason beyond the Contractor s control and the Contractor shall be responsible for any loss or damage which the Corporation may suffer on his/her account. XX. DISCLAIMER The Corporation is under no obligation to enter into any contract with anyone by issuing the Tender. The Corporation reserves the right to accept or reject any or all response, to request additional submissions or clarifications from one or more Tenderer, or to cancel the process entirely without assigning any reason. The Corporation makes no representation or warranty, express or implied, as to the accuracy correctness and completeness of the information contained in the Tender documents. [23] Signature & Name of the Tenderer with Seal
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