- SALE
ON "AS IS WHERE IS BASIS"
- Subject
to condition 1 (ii) below the sale of leaves is on "as is where is
basis". The intending Tenderers are advised to inspect personally,
the lots of the godowned tendu leaves for which they intend to submit
tender, and satisfy themselves about the quality of leaves as also
about availability of number of actual bags in each lot. No dispute
regarding quality of leaves or about their fitness for manufacture
of Bidies will be entertained after submission of tender at any stage
nor will the Federation be responsible for any deterioration in quality
after the acceptance of offer of tenderer and the leaves shall lie
in storage at the risk of the purchaser.
- The
contract will be for the purchase/sale of quantity of the tendu leaves
notified in the Schedule in standard bags. If however there is an
excess number of standard bags in any lot than that notified in this
tender notice, the purchaser will have to purchase the same also at
the rate sanctioned for the lot after payment of the additional amount.
The additional amount shall be paid by the purchaser before the issue
of last transport permit. The Federation also reserves the right to
correct any arithmetical or clerical error in the quantity notified
and the purchaser will have to abide by the corrected figure.
- The
Federation/District Union reserves the right to give turn-over to
the stocks or to transfer them to any other godown after giving due
notice to the purchaser to remain present during the said operation
if he so desires.
- PERSONS
AUTHORISED TO SUBMIT TENDER ETC
- Person
or persons signing the tender form shall state in what capacity he
or she or they are signing the tender form e.g. as sole proprietor
of the firm concerned or as Managing Director or Director or Secretary
of Limited Company. In the case of partnership firm the names of all
the partners should be recorded and the tender form should be signed
by all the partners or their duly constituted attorney having authority
to bind all partners in all matters pertaining to the contract as
recorded in the power of attorney or in the partnership deed. True
copy of the Registered "Partnership Deed" should be furnished along
with the tender form failing which the tender shall be liable to be
rejected. It shall be obligatory on the part of every partner of the
firm, which enters into agreement to fulfill the terms and conditions
of the agreement during the currency of the contract thereof, notwithstanding
the dissolution of the partnership in the mean time, In the case of
a limited company, the tender form shall be signed by a person empowered
to do so by the company, copy of Memorandum and Articles of Association
of the company and the letter authorizing the person signing the tender
documents shall be attached to the tender form failing which the tender
shall be liable to be rejected. In the case of Hindu undivided family,
the name of the family members should be recorded in the tender form
and 'Karta' who can bind the family, should sign the tender form and
indicate his status below his signature.
- The person
signing the tender form on behalf of another or on behalf of a Firm
shall enclose with the tender form power of attorney or deed duly
executed in his favour or the partnership deed giving him such power
showing that, he has the authority to bind such other person or the
firm, as the case may be in all matters pertaining to the contract.
If the person so signing the tender form fails to enclose the said
power of attorney or partnership deed, his tender shall be liable
for summary rejection. The power of attorney should be signed by all
the partners in the case of partnership concerns, by the proprietor
in case of a proprietary concern and by the person who by his signature
can bind company in the case of limited company. In the case of Hindu
undivided family the power of attorney should be signed by the 'Karta'
who by his signature can bind the family.
- Tenders
submitted by such persons who are minors, or insolvent or who have
been blacklisted, shall be treated as invalid.
- A tenderer,
who is in arrear, may pay the outstanding amount by Bank Draft/Demand
Draft of any scheduled Bank along with his tender payable to the Managing
Director of Federation, but if he fails to do so, the tender submitted
by such tenderer will be taken into consideration after deducting
the outstanding amount from his Earnest Money Deposit and in that
case the purchase capacity of such tenderer shall be computed taking
into account the reduced amount of Earnest Money Deposit.
- The tenderer
must be registered under the Adhiniyam and Niyamavali as manufacturer/exporter
on the date of submission of the tender and if successful he must
obtain registration certificate till the date of expiry of contract
period. Registration Number and date of the registration certificate
of the year in which tender is submitted and name of Forest Division
shall be mentioned at the specified place in the tender form. It is
obligatory to attach the photo copy of the registration certificate
issued by the Divisional Forest Officer along with the tender form.
- The tender
of any person/registered firm/legal company, who indulges in misconduct
or disturbs peace during the opening of the tenders at the venue fixed
for the purpose, shall be declared as invalid and the Earnest Money
Deposit enclosed by him with the tender shall be forfeited and any
loss suffered by the Federation on account of declaration of such
tender as invalid shall be recoverable from him and in addition, such
person/registered firm/legal company shall be liable to be blacklisted
by the Conservator of forests for a period which may extend to three
years.
- EARNEST
MONEY DEPOSIT
- Every
tender shall be accompanied by an Earnest Money Deposit of a sum which
shall in no case be less than 8% of the purchase capacity declared
by the tenderer in the tender form in the form of only Bank Draft/Demand
Draft of any scheduled Bank payable at Bhopal drawn in favour of Managing
Director of M.P. State Minor Forest Produce Co-operative Federation
Ltd. Tenders accompanied by earnest money in any other form shall
be liable to be summarily rejected.
-
In case the downloaded tender form is not accompanied
by a separate Bank Draft/Demand Draft of Rs. 500/- as stipulated in the
condition 4(i)(a) of the Tender Notice, the tender will be taken into consideration
after deducting this amount of Rs. 500/- from his Earnest Money Deposit and in
that case the purchase capacity of such tenderer shall be computed taking into
account the reduced amount of Earnest Money Deposit.
- The amount
of purchase capacity mentioned in Tender Form or 12.5 times the amount
of Bank Draft/Demand Draft, whichever is less, shall be accepted as
the purchase capacity and the tender shall be considered on the basis
of such accepted purchase capacity. If nothing is mentioned as purchase
capacity in the Tender from or if there is a difference in the figures
and words of the purchase capacity mentioned, it shall be deemed to
be 12.5 times amount of Bank Draft/Demand Draft enclosed with the
tender as E.M.D. In the case of a tenderer who is in arrears, the
purchase capacity for the purpose of this clause will be arrived at
after taking into account the reduced amount of earnest money calculated
in accordance with condition No.2(iv)
- In case
of a successful tenderer Earnest Money Deposit shall in the first
instance be adjusted towards payment of security deposit as required
by conditions of tender notice.
- The surplus
amount of earnest money available with the Federation after adjustment
of security deposit as above will at the request of the tenderer be
adjustable towards payment of the installment(s) of the lot(s) in
respect of which the tenderer is appointed as the purchaser or refunded
to him.
- The Earnest
Money Deposit of unsuccessful tenderers shall be returned to them
after the result is declared.
- No interest
shall be paid in any case on the amount of Earnest Money Deposit.
- MANNER OF FILLING TENDER
- A tenderer
can submit only one tender for the purchase of one/several lots. No
tender of a tenderer will be considered if more than one tender is
submitted by him.
- Tenders
can be submitted only on the serially numbered forms received from
the authorized Officers. Tenders submitted otherwise will be treated
as invalid. It is necessary that the Tender Form bears the seal of
Office issuing it and the signature of the issuing Officer.
- The tenderer
shall submit separate offer in his tender form for each lot showing
his order of priority for the purchase of the lots. The tenderer shall
offer/submit rate per standard bag exclusive of any tax/cess for purchase
of Tendu leaves for each lot mentioned in his tender form. The offer
must be made showing rate per standard bag and not in lump sum amount.
The rate should be quoted in whole rupees. If it is quoted in fraction
of a rupee it will be rounded off to the nearest rupee on the higher
side by the Federation and the Tenderer shall have to abide by it.
If there is difference in the rate quoted in figures and words, then
the higher of the two will be deemed to be the offer of the tenderer.
- The tenderer
should enter particulars of his first priority lot at the serial number
1, particulars of his second priority lot at serial number 2 in para
9 of the tender form and so on. The tenderer will not be allowed to
change his order of priority shown by him in the tender form under
any circumstances.
- Offers
for different lots can be made in such a way that the total purchase
price of the lots, for which rates are tendered does not exceed 10
times the amount of purchase capacity. But the offers will be accepted
only up to the limit of purchase capacity.
- If the
total purchase price of offers submitted by a tenderer is beyond the
limit of 10 times the purchase capacity, then such offers (in the
order of priority) as are more than this limit, will not be taken
into consideration.
- If any
tenderer submits more than one offer for a lot, then only the highest
rate given by him will be considered and the offers of lower rates
will be presumed to have not been made at all. If all the rates offered
by a tenderer for a lot are equal, then only the offer at the highest
priority will be considered and the offers at lower priority will
be presumed to have not been made at all.
- If in
the tender submitted by a tenderer, the offer for any lot is not clear
that is for which specific lot or for what amount it is or there is
a mistake regarding identity of the lot or if there is discrepancy
in word and figure regarding the number of lot then offer of such
lot will not be considered.
- Tenderer
shall have to mention his correct and complete postal address in his
Tender form at the place prescribed for this purpose. Communication
sent to him by Registered Post on this address will be presumed to
have been received by him. Responsibility for receiving all communications
addressed to him will be that of the tenderer. If the address mentioned
by the Tender is found to be incorrect he will be liable to be blacklisted.
- If the
tenderer makes any correction in the tender by cutting or overwriting,
then details of such correction should be given in para 8 of the tender
form and the corrected entry shall be signed by the Tenderer. Any
other entry, corrected by cutting or overwriting not mentioned in
para 8 of the tender form or not found signed by the tenderer after
correction will be treated as invalid and will not be considered.
- The tenderer
should fill up and sign every page of the Tender Form, and enclose
all necessary documents and Tenderer's Agreement as duly executed
with it and submit it as shown in clause 5 of Tender Notice. On failure
to enclose Tenderer's Agreement duly executed along with the Tender
form and other documents, tender shall be liable to not being considered.
- WITHDRAWAL
OF OFFERS ETC.
- A tenderer
may withdraw his offer for any lot/lots before commencement of the
opening of tenders by submitting an application for withdrawl of offer
to the committee constituted for opening of tenders under clause 6
of the tender notice. Lot numbers and priority numbers of the lots
proposed to be withdrawn shall have to be mentioned in figures as
well as in words in the applications for withdrawl of offers. Withdrawal
of lots will not be permitted in absence of the above mentioned details
or in case of difference between figures and words.
- A tenderer,
shall not withdraw his offer for any lot/lots after commencement of
opening of Tenders and shall be bound by his offer and by the terms
and conditions of the tender notice including those contained herein
till issue of communication of the acceptance or rejection of his
offer by the Federation. In case of breach of this condition, 8% amount
of purchase price of the concerned lot(s) arrived at by multiplying
the rate quoted by him by the quantity of the lot in standard bags
shall be forfeited from the total amount of Earnest Money deposited
by him and he may also be blacklisted for a period which may extend
to three years.
- ACCEPTANCE OF TENDERS
- The Government/Federation
reserves the right to accept or reject offer(s) of all or any of the
lots mentioned in the Tender form without assigning any reason
- The Government/Federation
also reserves the right to fix different cut off levels/upset prices
for different lots or class of lots or lots of different areas in
deciding allotment of lots to different tenderers.
- If for
a particular lot same rate is offered by more than one tenderer, the
allotment of lot shall be done on basis of priority of the offer of
tenderer. If the tendered rate as well as the order of priority of
two or more tenders are the same, the priority for allotment of the
lot shall be decided by draw of lot by the Federation.
- The tenderer
will be bound to accept lot/lots within his purchase capacity for
which his offer(s) is/are accepted.
** For detailed
valid conditions the tender notice may please be referred to.
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