-1- OMFED BHUBANESWAR DAIRY AT CHANDRASEKHARPUR, P.O. MANCHESWAR RLY. COLONY, BHUBANESWAR-751017 TELE (EPABX): (0674) 2742168, 9439328659, E-mail: bbsrdairy@yahoo.co.in TENDER FOR ENGAGEMENT OF DISTRIBUTOR ON COMMISSION BASIS FOR DISTRIBUTION OF MILK Cost of Tender Documents Rs.560.00 Submission of filled in Tender Documents By 10.30 Hrs. to 14.00 Hrs. on dt.08.08.2017 Opening at 15.00 Hrs. dt.08.08.2017 at OMFED BHUBANESWAR DAIRY Mancheswar Rly. Colony, Bhubaneswar - 17 Name of the Tenderer: Address: Mobile No: E-Mail Id:
-2- BHUBANESWAR DAIRY AT CHANDRASEKHARPUR, P.O. MANCHESWAR RLY. COLONY, BHUBANESWAR-751017 TELE (EPABX): (0674) 2742168, 9439328659, E-mail: bbsrdairy@yahoo.co.in TENDER NOTICE OMFED Bhubaneswar Dairy is interested to appoint Distributor on Commission margin basis for distribution of Milk at different Grocery shops, Tea stalls and any other shops interested to sale OMFED Milk. At present two no. Distributor on Commission Margin basis is to be appointed for Bhubaneswar & one no is to be appointment for Cuttack. The appointment is to be made for a temporary period of one year and to be extended / reduced looking in to the performance of the Distributor. Interested persons having insulated vehicle of 700 lit. carrying capacity or more may apply in the prescribed Tender Paper which can be obtained from Finance Division, Bhubaneswar Dairy, Po.-Mancheswar Rly Colony, BBSR -17 on any working days between 10.30 Hrs. to 13.30 Hrs. from 24.07.2017 to 08.08.2017 on payment of Rs.560.00 (Rupees Five Hundred Sixty only) either in cash or in shape of Demand Draft drawn in favour of OMFED payable at BBSR. The tender document can also be downloaded from our website www.omfed.com and to be submitted on the due date along with tender paper cost of Rs.560/- (Rupees Five Hundred Sixty only) in shape of Demand Draft. Filled in tender documents along with EMD amounting to Rs.10000/- (Ten Thousand Only) should reach on 08.08.2017 at Marketing Section, Bhubaneswar Dairy from 10.30 Hrs. to 14.00 Hrs. and will be opened on the same day at 15.00 Hrs. at OMFED BBSR Dairy, P.o- Mancheswar, Rly Colony, BBSR -17 in presence of interested bidders. Tender without EMD or incomplete in any manner shall not be accepted. EMD of the bidder will be forfeited if the bidder withdraws from tender process or does not execute the work order. EMD to the unsuccessful bidder will be refunded on written application after completion of tender process. Plant Manager, Bhubaneswar Dairy reserves the right to accept or reject any or all tender without assigning any reasons thereof. Plant Manager Bhubaneswar Dairy
-3- OMFED BHUBANESWAR DAIRY AT CHANDRASEKHARPUR, P.O. MANCHESWAR RLY. COLONY, BHUBANESWAR-751017 TELE (EPABX): (0674) 2742168, 9439328659, E-mail: bbsrdairy@yahoo.co.in DETAILS OF TENDER NOTICE FOR APPOINTMENT OF DISTRIBUTOR ON COMMISSION BASIS A. Sealed Tenders are invited from interested persons for appointment of Distributor on Commission basis for supply of Milk at Grocery shops, Tea stalls and any other shop interested for selling OMFED Milk in Bhubaneswar & Cuttack City for a period of one year. B. The Distributor is to purchase milk at the retailer price minus commission of distributor. The retailer price may increase / decrease from time to time. C. The Distributor should have valid GST No. D. The Distributor should have valid FSSAI license. E. The Distributor shall have his own vehicle preferably insulated. F. He shall have proper cold chain facility. G. The Distributor has to give one day advance amount before raising of invoices. The amount is to be paid as per indent in shape of cash / NEFT or through POS machines. H. The area for the Distributor will be decided by Plant Manager / Marketing Head of BBSR Dairy. I. Transportation, Distribution, loading and unloading of milk is at Distributor risk and cost. J. OMFED will not be responsible for any advance collection by the Distributor. K. No return milk will be accepted after the invoices are raised. L. The scheme given to the agents of OMFED from time to time may or may not be applicable to the Distributor. M. Once the Commission of the Distributor is fixed it cannot be changed during the contract period. (subject to decision of Omfed management). N. The crates issued to the distributor is to be returned to Dairy on the same day. For any outstanding of crate or short return of crate the cost of the crates is to be recovered from the Commission Margin of the Distributor. O. The Distributor cannot sale in more / less than the retailer price fixed by Omfed. P. The Distributor cannot sale Milk to any of the authorized agents of Omfed. If he will found selling Milk to OMFED retailer / authorized agents than the distributorship will be cancelled and EMD will be forfeited. Q. The Distributor has to execute an agreement in a non judicial stamp paper worth Rs.100/- (Rupees One Hundred Only). R. The Distributor will be given 1% extra milk (for every multiples of 50 lit.) on the indent quantity for any leaky replacement. The decision of Managing Director in any other matter is final & binding. S. (i)milk delivery for BBSR at Ex BBSR Dairy. (ii)milk delivery for CTC at Ex Cuttack Marketing Office (College square). Plant Manager, B.D.
-4- OMFED BHUBANESWAR DAIRY AT CHANDRASEKHARPUR, P.O. MANCHESWAR RLY. COLONY, BHUBANESWAR-751017 TELE (EPABX): (0674) 2742168, 9439328659,E-mail: bbsrdairy@yahoo.co.in TENDER APPLICATION To The Plant Manager Bhubaneswar Dairy OMFED Sub: - Tender for Appointment of Milk Distributor on Commission Basis. In reference to your tender published in dt. I am quoting herewith the commission margin for distributorship. Name of the Bidder Commission margin per lit. Locality of distribution (In Rs.) (In words) BBSR CTC 01.Cost of tender paper Rs.560.00 deposited vide M.R. No. dtd.. 02.EMD of Rs.10000/-(Rupees Ten Thousand Only) deposited vide D.D. No. dtd of Bank. I / we hereby declare that, I / we have gone through the details terms & conditions stated in tender Documents before filling up our rates & submission of the tender paper. I / we are agreeable to the terms & conditions stipulated by the Plant Manager, B.D. Full Signature Encl. 01. Original Tender Paper cost Money Receipt / Bank Draft for Rs. 560/- 02. Original Bank draft of Rs.10000/- towards EMD. 03. R.C. Book / Insurance of the vehicle. Name: Address Mobile No. Email ID :
THIS AGREEMENT is made on this day of Two Thousand Seventeen. -5- BETWEEN the ODISHA STATE COOPERATIVE MILK PRODUCER S FEDERATION LTD., a Society registered under the Co-operative Societies Act, 1962, having its registered and Corporate office at D-2, Sahidnagar, Bhubaneswar hereinafter referred to as Federation represented by the Managing Director or the Authorized Representative which expression shall, unless the repugnant to the context or the meaning thereof, include the successors and assigns of The Federation of the ONE PART AND Sri,S/o: aged about years a permanent resident of vill P.O.- P.S. Dist. hereinafter referred to as the DISTRIBUTOR which expression shall, unless repugnant to the context or meaning thereof, include their successors in interest and assigns of the OTHER PART. WHEREAS THE FEDERATION carrying the business of production, processing and marketing of milk, milk products and agri-products has decided to encourage the people having own infrastructure either owned or on long term lease, for coming forward to market the products of Federation in order to discourage applications for allotment of milk booth/agency at public places which are required for civic needs in the changing urban scenario AND WHEREAS THE OTHER PART having own infrastructure at Mouza P.O. P.S. Dist. has expressed his interest to act as the DISTRIBUTOR on Commission basis and operate the agency in the above mentioned infrastructure under his possession on lease basis/ owned by him to cater the Omfed Milk (P.P) needs of nearby locality. AND WHEREAS in consideration of interest expressed by THE OTHER PART, the Federation has decided to authorize him to market Omfed Milk at and its nearby locality on the TERMS AND CONDITIONS MENTIONED HEREINAFTER. 01. That the term of this agreement will be initially for a period of one year from the date of execution hereof, hereinafter referred to as the Term and may be renewed thereafter with modification/ changes if any as per discretion of the Federation subject to application by the OTHER PART for such renewal.
-6-02. That the Distributor shall have to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) with the Federation either in cash or by Demand Draft towards interest free security which shall be refunded subject to deduction of processing fee Rs.100/- (Rupees one hundred only) on termination or non-renewal of the agreement if not decided otherwise. Refund of security deposit shall be due on application by the Milk Distributor along with the original authorization letter and money receipt/non-cash receipt issued in his favour by the Federation. 03. That the Distributor on Commission Basis at his/her own cost will obtain FSSAI and GST from competent for enabling himself/herself to sale Omfed Milk. 04. That the Distributor shall be supplied milk at the place earmarked by Omfed as per indent against 100% payment made at least before raising of invoices either in specified Banks or at respective Marketing Office. 05. That the liability of the Federation shall cease once the products delivered to the Distributor against 100% payment and the title of the OMFED products shall immediately pass on to the Distributor. The Federation will not be responsible for any complaint pertaining to the quality of products delivered and sold by the Distributor, if so deteriorated attributable to his negligence of distributor non-compliance of instruction for preservation after its delivery. The Distributor shall arrange for safe-keeping of Omfed product title passed on to him and be liable for deterioration of quality if any, and consequential legal proceedings. 06. That the quantity of milk indented by the Distributor shall be deemed to have been delivered to him in absence of his signature or his authorized representative in the invoice for delivery purpose if not reported otherwise on the next day of such default and followed by advance payment of cost of Omfed products for the next day/date. In no case, such type of dispute shall be entertained after 02 days from the date of default or occurrence. 07. That the Distributor shall not be entitled to any benefit applicable to the Federation employees since the agreement is a commercial in nature and there will be no employeremployee relationship as per this agreement. 08. That the Distributor shall diligently and faithfully sell OMFED products during the continuance of the agreement as per target fixed for the purpose by the Federation. He will make his best endeavor to increase the sale every month. The distributor shall not allow selling any other brand or private dairy milk products other than OMFED products. 09. That the Distributor shall have no claim or right to take any action against the Federation for short supply or delayed delivery of OMFED products due to shortage of materials, inadequate transportation facilities, fire, strike, riot, mob violence, natural calamities or any irresistible force.
-7-10. That the Distributor shall not be permitted to stop indenting of milk for the allotted area on any day since milk is an essential commodity. In the event discontinuation of milk indenting by the Distributor for continuous three days, the same shall be deemed as cancellation of agency automatically and forfeiture of security deposit without any notice. The Distributor shall have no right make claim for restoration of agency. 11. That the Distributor shall not appoint or sub-let or assign the agreement or benefits of this contract to any other party. The distributor shall also not engage himself in sale of any other product, commodity without prior approval of the Federation. The present agreement shall stand terminated and allotment authorization will be deemed to have been cancelled without any further notice if it is found that products of other brand are marketed by the Distributor in the allotted area or any other area 12. That the Distributor shall sell Omfed products at the price fixed by the Federation from time to time and shall neither charge any extra price nor impose any other condition. The Distributor shall sell OMFED products to the public on first come first serve basis. 13. That the Distributor shall put his signature on the delivery challan as token of receipt of indented quantity of milk and other Omfed products. If he authorizes any other person to receive indented products on his behalf, he should obtain prior permission from the Federation in this respect after furnishing full particulars of the authorized representative. 14. That the Distributor shall not refuse to accept/ acknowledge communication addressed to him by the Federation either by post at his last known address or by the Federation representative, driver or any other staff of marketing vehicle. 15. That the Distributor shall show utmost courtesy to the customers and the Federation officials as well as the staff visiting to the selling point for the purpose of supervision/inspection. 16 That the authorization issued in favour of the Distributor for marketing of Omfed products shall be cancelled if he himself or his relative or authorized person is found selling of Tobacco or Tobacco related products at the selling point. 17. That the Distributor shall make necessary arrangement for delivery of Omfed milk and shall not charge anything extra price for the same to the customers other than the price fixed by the Federation. 18. Either party shall have the right to give two month notice for termination of the agreement if they wants so. However the distributor has to continue the vehicle till alternative arrangement is made. 19. That the Distributor is not permitted to collect advance payment from the consumers. The distributor shall be responsible for the advance money if so collected from the consumers and consequential delivery of stock against such advance payment. The Federation shall not be liable for such transaction by the Distributor. In the event of receipt any genuine complaint against the distributor, the Federation shall stop supplying milk & milk products to the Distributor and initiate action for termination/cancellation of Agency.
-8-20. That the Distributor or his relation should not be involved directly or indirectly in any type of illegal and anti-omfed activities to serve the interest of Competitors of the Federation in the market and promote sale of milk & milk products other brands. Nondisclosure and detection of such involvement will lead to suspension of milk and milk products supply to the Distributor and cancellation of Agency with penalty of forfeiture of security deposit & non-settlement of claim if any. 21. That in the event of any dispute the Managing Director of the Federation will be sole arbitrator and his decision shall be final and binding. 22. That the parties do hereby agree that the Courts in the city of Bhubaneswar alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this Agreement and against any decision referred herein. IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIR HANDS ON THE DATE, MONTH AND YEAR FIRST ABOVE WRITTEN: For and on behalf of OSCMPF Ltd., Bhubaneswar Signature of the Distributor In the presence of witnesses: (Signature of the authorized Officer In the presence of witnesses: 1. 1. 2. 2.