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GOVERNMENT OF TAMIL NADU

Department of Agriculture

Chepauk, Chennai – 600 005

TENDER FOR THE SUPPLY OF GREEN MANURE SEEDS DAINCHA AND SUNNHEMP FOR THE YEAR 2012 – 2013

Tender No. RFS2/13612/2012

Last date of receipt of tender

:

09.11.2012, 3.00 P.M.

Date of opening of tender

:

 

DAINCHA

: 09.11.2012, 4.00 P.M.

SUNNHEMP

: 09.11.2012, 4.30 P.M.

Cost of tender document: Rs. 1000 /- + VAT @ 5% = Rs. 1050 /-

COMMISSIONER OF AGRICULTURE

CHEPAUK, CHENNAI – 600 005

1

Signature of the Tenderer

TABLE OF CONTENTS

Sl.

Description

Page No.

No.

 

 

1.

Introduction

3

 

 

 

2.

Tender Notification

4

 

 

 

3.

Eligibility Criteria

5

 

 

 

4.

Cost of Tendering

6

 

 

 

5.

Contents of Tender Document

7

 

 

 

6.

General Instructions

7

 

 

 

7.

Earnest Money Deposit

8

 

 

 

8.

Tender Price and Contract Requirements

8

 

 

 

9.

Tender Validity

9

 

 

 

10.

Packing

9

 

 

 

11.

Tender Submission

9

 

 

 

12.

Tender Opening and Processing

12

 

 

 

13.

Price Bid Opening

13

 

 

 

14.

Award of Tender

14

 

 

 

15.

Notification of Award

15

 

 

 

16.

Security Deposit

15

 

 

 

17.

Signing the Agreement

15

 

 

 

18.

Termination of Contract

16

 

 

 

19.

Special Conditions

16

 

 

 

20.

Labelling

17

 

 

 

21.

Delivery

17

 

 

 

22.

Payment and Mode of Payment

18

 

 

 

23.

Warranties and Penalties

18

 

 

 

24.

Appendices

20 - 41

 

 

 

25.

Abbreviations

42

 

 

 

2

Signature of the Tenderer

1.INTRODUCTION

1.1.The Department of Agriculture, on behalf of the Government of Tamil Nadu proposes to procure, as indicated in following sub para, following procedures in accordance with the Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000 as amended from time to time by the Government of Tamil Nadu from Producers / Authorized Dealers of Green Manure Seeds who have facilities to produce / holds valid distributor’s license issued by the State License Authority / Department of Agriculture of the respective State in case of distributor. Tenderers who are producers / distributors from other States should hold Form-II for selling their certified seed in Tamilnadu and with VAT Registration Certificate and also latest VAT clearance Certificate issued in Tamilnadu.

1.2.It is therefore proposed to procure the following quantity of Certified Green Manure Seeds as given below.

SI. No.

Name of the item

Approximate Quantity

 

 

required (Metric Tonnes)

Green Manure Seeds

 

 

 

 

1.

Daincha

785

 

 

 

2.

Sunnhemp

215

 

 

 

For all further references items mentioned above will be referred briefly as Green Manure Seeds. Sealed tender should be submitted as per procedure laid down here.

1.3.Applicability of Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000

This tender will be governed by the Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000 as amended from time to time.

3

Signature of the Tenderer

2.TENDER NOTIFICATION

Ref: No.RFS2/13612/2012

GOVERNMENT OF TAMIL NADU

DEPARTMENT OF AGRICULTURE

CHEPAUK, CHENNAI – 5

TENDER NOTIFICATION

For and on behalf of the Government of Tamil Nadu, sealed tenders in two cover

system are invited for the following items.

Sl.

Name of the

Approximate

Earnest Money

Tenders are invited from

No

item

requirement

Deposit to be

 

 

 

(MT)

paid

 

 

 

 

(in rupees)

 

Green Manure Seeds

 

 

 

 

 

 

 

 

1.

Daincha

785

3,92,500

Producers / Distributors of

 

 

 

 

 

 

 

 

Green Manure Seeds

2.

Sunnhemp

215

1,07,500

 

 

 

 

 

 

 

 

 

 

 

Separate sealed tender should be submitted for each of the item mentioned above along with specified Earnest Money Deposit.

The non-transferable tender document with the detailed specifications can be obtained from the Office of the Commissioner of Agriculture, Chepauk, Chennai.5 on any working day from 10.00 AM to 4.00 PM in person on payment of Rs.1050/- (Rupees One thousand and fifty only) inclusive of VAT. Those desirous of obtaining a tender document, by post, may send two Demand Drafts, one for a sum of Rs.1070/- (Rupees One thousand and Seventy only) which is inclusive of postal charges and another for Rs.50/- (Rupees fifty only) towards VAT. Demand Draft should be drawn in favour of the Commissioner of Agriculture, Chepauk, Chennai-600 005 payable at State Bank of India, Thousand Lights Branch, Chennai.6. Tender document can also be downloaded from the Government Website http://www.tenders.tn.gov.in/ at free of cost.

The time schedule for opening of the tender is as follows:

a)

Sale of tender document closes on

08.11.2012

 

 

 

b)

Last date and time for receipt of tender

09.11.2012 at 3.00 P.M.

 

 

 

c)

Date and time of opening of the tender

 

 

 

 

1.

Daincha

09.11.2012 at 4.00 P.M.

 

 

 

2.

Sunnhemp

09.11.2012 at 4.30 P.M.

 

 

 

 

Commissioner of Agriculture

 

Chepauk, Chennai - 5

4

Signature of the Tenderer

3.ELIGIBILITY CRITERIA

3.1. Eligibility Criteria for Tenderer

A tenderer will be eligible for tendering only if he satisfies the eligibility criteria. The tenderer or the item quoted by him should not have been blacklisted by Central / State Government or their undertakings.

3.1.A If the firm is participating as a Producer:

i.Should have a Seed License from the competent authority to sell seeds in the State of Tamil Nadu.

ii.Should have three years’ experience in production of seeds.

iii.Should have a local Sales Tax Registration / Value Added Tax Registration (wherever applicable) / Central Sales Tax Registration. Copy of Sales Tax / VAT / CST Registration Certificate should be enclosed.

3.1.B. If the firm is participating as Distributor

i.They should have experience in the field of selling agricultural inputs for a period of three years.

ii.They should also have experience in selling of seeds for a minimum period of one year.

iii.Should have a Seed License from the competent authority to sell seeds in the State of Tamil Nadu.

iv.The tenderer should execute a marketing agreement on Rs.100/- Non-Judicial stamp paper clearly mentioning the firm from whom they are sourcing the seeds with specifying the validity of the marketing arrangement in respect of the tender in the enclosed format (Appendix 10).

v.The tenderer should produce relevant documents to prove that the producer from whom he is sourcing the seeds is having three years experience in seed production.

vi.Should have a local Sales Tax Registration / Value Added Tax Registration (wherever applicable) / Central Sales Tax Registration. Copy of Sales Tax /VAT / CST Registration Certificate should be enclosed. Latest VAT / CST Clearance Certificate should be submitted.

3.2In case of Green Manure Seeds, valid Certification Tag along with a validity of minimum 6 months is essential at the time of delivery and holds good for Truthfully Labelled Seed as per Seed Act, 1966 and Seed Rule 1968.

3.3.Financial Standing

The tenderer will be evaluated for financial standing on the basis of the following

information as required in Appendix-4.

I) Annual Turnover

The average Annual Turnover of the tenderer shall be calculated from the Annual Audit Report of the company for the three (3) preceding financial years, a copy of which should be attached to Appendix 4, as stated therein. The minimum average annual turnover of the tenderer shall be as follows:

Sl.

Name of the Green Manure Seeds

Average Annual turnover

No.

 

(Rs. in lakhs)

1.

Daincha

392.500

2.

Sunnhemp

107.500

 

5

Signature of the Tenderer

II) Networth

The networth of the tenderer will be calculated based on the latest annual audited Balance sheet and Profit and Loss statement and the minimum networth should be as indicated below:-

Sl.

Name of the Green Manure

Net Worth

No.

Seeds

(Rs. in lakhs)

1.

Daincha

98.13

2.

Sunnhemp

26.87

T

The tenderer should furnish the networth in Appendix-4.

Note: 1. The minimum average annual turnover and the networth of the tenderer shall be as mentioned in para 3.3 (I) and 3.3 (II) above respectively for each item individually and if the tenderer participates for more than one item, then the criteria of networth and the average annual turnover shall be satisfied cumulatively. For e.g. If the tenderer quotes for both Daincha and Sunnhemp the requisite average annual turnover shall be the total of Rs.392.50 lakhs and Rs.107.50 lakhs i.e. Rs.500.00 lakhs and the networth shall be the total of Rs.98.13 lakhs and Rs.26.87 lakhs i.e. Rs.125.00 lakhs.

2. The tenderer quoting for more than one item, should give the order of preference. Evaluation will be carried out in the order of preference given by the tender.

III)Banker’s Certificate regarding Credit Facility

The tenderer should furnish Banker’s Certificate (in original) regarding Credit Facility for an amount Rs.392.500 Lakhs for Daincha and Rs.107.500 Lakhs for Sunnhemp from any Nationalized / Scheduled Bank as a proof of being financially sound to undertake the tender as per Appendix-5.

Alternatively

 

The tenderer can furnish a Solvency Certificate from any Nationalized /

Scheduled Bank for the amount indicated above.

IV)

Capacity to supply and past performance

i. Capacity to supply:- The tenderer should have supplied 200 Mts. of Daincha seeds to qualify and 65 Mts of Sunnhemp seeds. Details of past supplies should be furnished in Appendix – 3 (i) or 3(ii) as applicable to demonstrate the capacity to supply.

Note: 1. In case a tenderer is participating for more one item he should satisfy the above criteria cumulatively. For eg. if a tenderer is participating for item No.1 & 2 he should have supplied 285 Metric Tonnes ( 200 metrict tones + 85 metric tones) of Green Manure Seeds in any of the preceding three years.

2.The tenderer quoting for more than one item should give the order of preference. Evaluation will be carried out in the order of preference given by the tenderer.

ii. Past Performance:- The tender should have a proven track record in supplying quality certified seeds. If three lots / batches of seeds supplied by the supplier in past one year are reported to be failing in seed standard, then the firm will not be considered for participating in the tender.

4. COST OF TENDERING

The Tenderer shall bear all costs associated with the preparation and submission of this Tender and the tender accepting authority will in no case be responsible or liable for these costs.

6

Signature of the Tenderer

5. CONTENTS OF TENDER DOCUMENTS

This Tender document is for the supply of Green Manure Seeds (with name of the seed) in two cover system.

PART A - Technical Bid Cover

PART B- Price Bid Cover

The Tender document contains this document, appendices to conditions, specifications, schedule of prices and schedule of technical information.

6. GENERAL INSTRUCTIONS

6.1. The tenderers are requested to go through the instructions, terms and conditions and specifications given in the tender. Failure to furnish required information in every aspect will be at the tenderer’s risk and may result in the rejection of the tender.

For

any

queries contact Deputy Director of

Agriculture (RFS),

Office of

the

Commissioner of Agriculture, Chepauk,

Chennai- 600 005.

Phone No. 044-2858 3323 (Ext. 277). E-mail: coa.rainfed@gmail.com

6.2. Tenderer to check Tender Document:

The Tenderer should check all specifications shown in the tender document and obtain his own information on all matters which may, in any way, affect this tender as no claim for extras for any alleged ignorance in respect thereof shall be entertained. The document/certificates etc., mentioned anywhere in this tender document including the Check List, wherever applicable shall be a part of this tender and the tenderer shall submit the same in the Technical Bid Cover. In addition to this, the tenderer shall sign and submit one copy of the blank document, including addendum/corrigendum (if any), duly signed and stamped as a token of having read and accepted all the tender conditions.

6.3.Clarification on the tender

A prospective tenderer requiring any clarification on the tender may request the Office of the Commissioner of Agriculture by a letter or by fax or by e-mail. Commissionerate of Agriculture will respond in writing to any request for clarification in the tender. For e-mail communication from the tenderers, e-mail reply from the Commissionerate of Agriculture shall be treated as valid communication.

6.4.Amendments to the Tender

i)Commissioner of Agriculture may amend the tender wherever it is felt that such an amendment is absolutely necessary.

ii)Amendment to tender may also be given in response to clarifications by prospective tenderers and it is solely at the discretion of the Commissioner of Agriculture. Any amendment to the tender will be uploaded on the website http://www.tenders.tn.gov.in. Further it will also be sent by mail to those who have purchased the document from the Tender Inviting Authority. It is the responsibility of the tenderer to verify the amendments if any and get the amendment documents before the submission of the tender provided no such change could be effected 48 hours prior to the time fixed for opening of the tender.

6.5.The Tender document is not transferable under any circumstances.

6.6.Each tenderer is eligible to submit only one tender. Any deviation to this criteria may result in rejection of the tender.

7

Signature of the Tenderer

7. EARNEST MONEY DEPOSIT (EMD)

7.1.Each tender must be accompanied by a Demand Draft/ Banker’s Cheque/ National Savings Certificate for the value detailed below towards Earnest Money Deposit. The EMD should be paid separately for each item for which the tenders are submitted. No interest will be paid for the EMD by the Department of Agriculture.

Sl.

Name of the Green Manure Seeds

Approximate

Earnest Money

No.

 

requirement

Deposit to be

 

 

 

paid (Rupees)

1.

Daincha

785 MT

3,92,500

2.

Sunnhemp

215 MT

1,07,500

7.2.The Banker’s Cheque / Demand Draft should be obtained from any Nationalized / Scheduled Bank and shall be drawn in favour of Commissioner of Agriculture, Government of Tamil Nadu and Payable at Chennai. In case of National saving certificate it should be duly pledged in favour of Commissioner of Agriculture.

7.3The department will arrange to refund the Earnest Money Deposit to the unsuccessful tenderers after publishing the list of successful tenderers, within a reasonable time.

7.4.Registered Small Scale Industrial units are exempted from payment of Earnest Money Deposit for the product range mentioned in the respective certificate. Only those products covered under the certificate will be exempted for E.M.D., and only to the firms which participate in tender as a manufacturer. To avail exemption from payment of EMD the tenderer has to submit a SSI/NSIC certificate.

7.5.The EMD is liable to be forfeited if:

a)The Tenderer withdraws his tender at any stage after the last date and time fixed for submitting the tender.

b)In case of a successful tenderer, if he fails to furnish the required security deposit or sign the agreement, within the stipulated time limit.

8.TENDER PRICE AND CONTRACT REQUIREMENTS

8.1Tenderers are required to fill up the rate quoted and other details in the format prescribed in the schedule of prices (Appendix-8). Corrections if any shall be made out by crossing out, rewriting, signing and indicating the date.

8.2Tenderer shall not make any changes in the format prescribed in Appendix-8

8.3All purchase taxes, duties on purchases, entry tax and any other taxes and duties and levies on purchases, except VAT shall be included in price. However if VAT is levied, it should be specifically mentioned with the applicable rate (% of tax).

8.4The rate should be F.O.R. destination and should be inclusive of packing, transporting charge either by rail or by road, to the destinations in the State of Tamil Nadu specified by the purchasing officers, loading and unloading charges etc.

8.5The rates should not be altered or overwritten. The rates quoted shall always be both in figures and in words.

8.6The rates should be quoted only for the packing and grade specified in the tender document.

8.7The item quoted should conform to the specifications mentioned in the schedule. (Appendix 14 (a) and Appendix 14 (b))

8

Signature of the Tenderer

8.8The rates furnished in schedule of prices with any conditions, stipulations, Force Majure Clause etc., will not be accepted and such tenders will be summarily rejected.

8.9The tenderer shall fill up and sign the Letter of Tender (Appendix.6) and all schedules etc. which are included in the tender documents.

8.10Tenderers shall submit their tenders in accordance with the specifications of the tender document only. Alternatives will not be considered.

8.11The prices shall be firm and fixed during the entire currency of the contract and till completion of all contractual obligations. Any extension in time granted by the tender accepting authority to the completion schedule shall be subject to the condition and there shall be no additional financial implication to the Commissioner of Agriculture / Government. The purchaser shall not be responsible for any change in the tax rate during the contract period.

8.12The rates quoted in the tender should be valid for a period of one year from the date of acceptance of Tender i.e. date of issue of purchase order.

9. TENDER VALIDITY

9.1.Tenders shall remain valid for a period of 120 days from the due date of submission of the Tender.

9.2.In exceptional circumstances, prior to expiry of the initial time limit as indicated in 9.1 above, the tender accepting authority may request the Tenderer to extend the period of validity for a specified additional period. The request and the Tenderers responses shall be made in writing or by fax. A Tenderer may refuse the request without forfeiting his Earnest Money Deposit. A Tenderer agreeing to the request will not be permitted to modify his Tender. However, he shall extend the validity

of the Earnest Money Deposit for the period of the extension.

10. PACKING

10.1 Packing specification with detailed description for each item should be mentioned in the tender invariably.

10.2 Packing should be as per the specification stipulated by the Department of Agriculture as in Appendix 14 (a) and Appendix 14 (b).

11. TENDER SUBMISSION

11.1.Due Date for Tender Submission

i)The tender document duly filled in, signed and stamped on all pages shall

be submitted in

sealed cover to the Commissioner of Agriculture at his

office upto

as per the procedure laid down herein.

ii)The Tender Inviting Authority will not be held responsible for any delay in the receipt of the Bank Draft or any delay in the receipt of the document by the tenderer including loss of the document in transit or delay in obtaining any document / certificate or on any other account. No extension of date and time for submission of the tender will be given for any such delay.

iii)The tender inviting authority may extend the due date for submission of tender by issuing an amendment in which case all the rights and obligations of the Commissioner of Agriculture and the Tenderers previously subject to the original due date for submission will then be subject to the new date for tender submission.

iv)Any Tenders inclusive of sample received by the Commissionerate of Agriculture after the due date and time will not be considered and will be returned to the tenderer.

9

Signature of the Tenderer

11.2.Procedure for Submission of Tender

i)Tenderers are advised to go through the tender document and understand all the provisions and stipulations contained therein before submitting the tender.

ii)The tender shall be submitted as per the procedures and requirements stipulated herein.

iii)The tender must be submitted so as to be received within the stipulated date and time as per clause 11.1 (i).

iv)Tender submitted by telex, cable or fax will not be accepted and will be summarily rejected.

v)Separate tender should be submitted for each of the item.

vi)The tender shall be submitted in two parts viz., Part A and Part B. Each part shall be placed in an independent sealed envelope. Each part shall be superscribed as follows.

PART A

:

“TECHNICAL BID COVER”

NAME OF WORK

:

TENDER FOR SUPPLY OF . . . . . . . . . . .

 

 

(Specify the technical specification)

PART B

:

“PRICE BID COVER”

NAME OF WORK

:

TENDER FOR THE SUPPLY OF . . . . .

DUE DATE/TIME

:

 

vii)The contents of each of the two covers shall be as described in the subsequent clauses. For all other references, these covers will be referred to briefly as

-Technical Bid Cover

-Price Bid Cover

Both the covers (first cover containing PART A and the second cover containing PART B) shall be placed inside an outer cover and shall be superscribed as follows:

TENDER FOR THE SUPPLY OF . . . . . . .

 

PART A

:

“TECHNICAL BID COVER”

PART B

:

“PRICE BID COVER”

DUE DATE/TIME

:

 

viii) The sealed tender envelope shall be addressed to

The Commissioner of Agriculture

Chepauk, Chennai-600 005.

The tender envelope shall carry the name and address of the Tenderer prominently with Phone No/ email ID / and FAX No.

10

Signature of the Tenderer

 

ix) The Technical Bid Cover shall contain the following as per the sequence indicated

 

below. The tender shall be submitted in duplicate.

 

 

1.

Covering Letter and check list as per Appendix 1

 

 

2.

Certified power of Attorney authorizing a representative(s) or representatives of the firm

 

to sign the Tender and all subsequent communication.

 

 

3.

The EMD or copy of the SSI / NSIC certificate in case of Small Scale units (Producers)

 

availing exemption from payment of EMD

 

 

4.

Declaration as per Appendix 2 (i)

 

 

5.

Order of preference as per Appendix 2 ( ii ) in case if the tenderer is quoting for more

 

than one item.

 

 

6.

Proof of 3 years experience in production of seeds

 

 

7.

Details of previous experience should be furnished to establish capacity to supply as

 

per Appendix-3 with documentary evidence.

 

 

8.

Evidence for Financial Standing as per Appendix 4 and a copy of Annual Audit

 

Report/Balance Sheet and Profit and Loss statement for the three (3) preceding financial

 

years.

 

 

9.

Banker’s Certificate regarding Credit Facility as per Appendix-5 (OR) Solvency Certificate

 

 

10.

Letter of Tender as per Appendix 6.

 

11. Declaration by the Tenderer, as per Appendix 7 to the effect that his tender is without

 

any deviations from the technical and commercial terms & conditions of the tender

 

 

12.

Documentary evidence of fulfillment of eligibility criteria of Producer / Distributor

 

 

13.

Confirmation of technical specifications and terms and conditions as per Appendix 9

 

 

14.

Producer’s Authorization letter in Rs.100/-non-judicial stamp paper in original as per

 

Appendix-10

 

 

15.

Notarized undertaking by the Tenderer (Appendix - 13)

 

 

16.

VAT / CST Registration certificate from the Commercial Tax Department of Tamil Nadu.

17.A blank copy of the Tender document including appendices, with all pages duly signed by the authorized signatory of the Tenderer and stamped with the company seal, should be submitted as a proof of having read, understood and accepted the tender conditions.

In addition to the above, any document or certificates etc., mentioned anywhere in the tender document shall also be a part of the technical tender requirements.

11

Signature of the Tenderer

x)The Cover superscribed as “Price Bid Cover” shall contain the following in original.

i.Covering letter.

ii.Schedule of price (as per Appendix 8 of the document) by clearly mentioning the product & its specification and the price duly filled without overwriting in both numbers (figures) and words & with each page signed, dated and stamped with the seal of the firm.

The tenderer shall use the schedule of price as given in the tender document and shall not carry out any alteration in the format. The tenderer shall not enclose any other document or statement that will influence the price. In such an event, the tender inviting authority may summarily reject the tender.

11.3. Signing of the Tender

i)The tender shall be signed by a person or persons duly authorized to sign on behalf of the Tenderer. All pages of the tender shall be signed by the person or persons signing the tender. The tenderer shall enclose a certified copy of the power of attorney authorizing the signatory or signatories to sign the tender document.

ii)The tender shall contain no alterations or additions, except those to comply with instructions issued by the Commissioner of Agriculture, or as necessary to correct errors made by the tenderer, in which case such corrections shall be signed by the person or persons signing the tender.

iii)All the pages in the tender document should be signed by the tenderer, after filling the prices in figures & words.

12. TENDER OPENING & PROCESSING

12.1. Tender Opening

i)Tender will be opened in the presence of the tenderers or their authorized representative who choose to be present and the tender scrutiny committee at ( time ) for Daincha and at ( time ) for Sunnhemp on (date) respectively. The representative of tenderer who attend the tender opening must produce their identification proof and authorization letter from the companies / tenderer.

ii)In the event of the specified date of Tender opening being declared a holiday, the tenders will be opened at the same time on the next working day.

iii)Part A cover containing Technical Bid shall be opened first.

iv)On opening the tender, the details such as name of the tenderer, address, EMD details, etc., will be read out.

12

Signature of the Tenderer

12.2. Process to be Confidential

i)Information relating to the examination, clarification, evaluation and comparison of tenders and recommendations for the award of contract shall not be disclosed to tenderers or any other persons not officially concerned with such process until the award to the successful tenderer has been announced.

ii)Any effort by a tenderer to influence the tender accepting authority, scrutiny / evaluation committee or its members in the processing of tenders or award decisions may result in the rejection of his tender.

12.3 Criteria for Technical Evaluation

i)The Tender Inviting Authority will determine whether the tenderer has fulfilled all the tender conditions as stipulated in the tender document and whether the tender is substantially responsive or not.

ii)A responsive tender is one which conforms to all the terms, conditions and specifications of the tender document without material deviation or reservation. A material deviation or reservation is one:

a)Which, in any substantial way, affects the scope, quality or performance of the contract.

b)Which, in a substantial way is inconsistent with the Tender conditions, the tender accepting authority’s rights or the Tenderers obligations under the Contract, or

c)Whose rectification would affect unfairly the competitive position of other Tenderers presenting substantially responsive tenders.

iii)Tenderers who have not fulfilled the tender conditions shall be a non-responsive tender and will not be taken up for further evaluation and Price bid opening.

iv)To assist the examination, evaluation and comparison of Tenders, the tender accepting authority, may at its discretion, ask any tenderer for clarification on his Tender. The request for clarification and the response shall be in writing or by fax but no change in the substance of the Tender shall be sought, offered, or permitted.

v)When a Tender fails to be responsive, it will be rejected by the tender accepting authority and may not subsequently be made responsive by correction or addition/ withdrawal of the non-conforming deviation or reservation.

vi)The purchaser reserves the right to verify the availability of infrastructure facilities to ascertain the ability of the tenderer to supply quality material at any time and the purchaser also reserves the right to reject the tender of any tenderer based on the inspection report of the authorized representative.

13. PRICE BID OPENING

13.1. Price Bid Opening

i)The Tender Inviting Authority will then proceed with opening of Part B, i.e., “Price Bid Cover” of those tenderers whose technical tender under Part A has been found substantially responsive in all aspects and fulfills all the tender conditions. The opening of the “Price Bid Cover” will be done in the presence of those tenderers or their representatives who choose to be present. The Tender Inviting Authority will inform such tenderers in advance about the acceptance of their technical tender and the date and time of opening of the “Price Bid Cover”.

ii)On opening of the “Price Bid”, the price as quoted by the tenderers will be read out.

13

Signature of the Tenderer

13.2. Criteria for Price Bid Evaluation

i)Tender evaluation will be carried out in accordance with the “Tamil Nadu Transparency in Tenders Act, 1998 and Rules 2000”.

ii)In price bid evaluation the following procedures will be adopted.

a.The quoted prices shall be corrected for arithmetical errors.

b.In case of discrepancies between the prices quoted in words and in figures, lower of the two shall be considered.

c.The evaluation shall include all central duties such as customs duty and central excise duty and sales tax as a part of the price.

d.In a tender where all the tenderers are from within the State of Tamil Nadu or where all the tenderers are from outside the State of Tamil Nadu, the sales tax shall be included for evaluation of the price; and

e.In a tender where the tenderers are both from the state of Tamil Nadu as well as from outside the State of Tamil Nadu the sales tax under the Tamil Nadu Value Added Tax shall be excluded for the evaluation of the price, as per Rules 29 (d) (IV) of the Tamil Nadu Transparency in Tenders Act 1998 read with the Tamil Nadu Transparency in Tenders Rules 2000

f.The Tender Accepting Authority may carry out negotiation with lowest tenderer (L1) as per evaluation.

g.The Tender Accepting Authority reserves the right to ask other tenderers to match the L1 price if required, according to the Tamil Nadu Transparency in Tenders Rules 2000.

h.The total ordered quantity will be apportioned among the L1 bidder and the other bidders who are matching the L1 rate, as per the provisions of Tamil Nadu Transparency in Tenders Act and Rules and other terms and conditions of the Tender.

iii)The purchase and price preference extended to the Small Scale Industries in the State in the purchase made by the Government Departments/Public Sector Undertakings/Boards etc. shall include fifteen per cent (15%) price preference for domestic small scale industrial units and ten per cent (10%) price preference for the Public Sector Undertakings of the Government of Tamilnadu in respect of products and quantities manufactured by them.

14. AWARD OF TENDER

14.1.The award of the tender shall be made strictly in accordance with the “Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000 and no deviation will be made.

14.2.The Commissioner of Agriculture has the right to accept any tender and to reject any or all tenders.

14.3.Notwithstanding anything that is said herein, the tender accepting authority reserves the right to accept or reject any tender, and to cancel the tendering process and reject all tenders, at any time prior to the award of tender, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers on the grounds for the tender accepting authority’s action.

14

Signature of the Tenderer

14.4.The tender accepting authority reserves the right to split up the items into convenient portions and allot them to different contractors and to increase or decrease any of the quantities mentioned in the tender document as per the Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000.

14.5.The Tender accepting Authority may vary the quantity intended for the items as stated above to the extent of 25% as per the Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000.

15. NOTIFICATION OF AWARD

15.1The tenderer whose tender has been accepted will be notified by the Tender Accepting Authority, in writing by registered letter.

15.2.Notification of award will constitute the formation of contract and EMD will be treated as Security Deposit, till Security Deposit is furnished in accordance with the provisions of clause 16 of this tender document.

15.3.Upon furnishing the security deposit by the successful tenderer or tenderers and upon signing the Agreement, the EMD will be returned to the unsuccessful tenderer within a reasonable time period.

16. SECURITY DEPOSIT

16.1.The successful tenderer will be required to furnish security deposit at 5% of the total tender value within 7 days from the date of receipt of the communication intimating the acceptance of tender. This deposit should be in the form of either Demand Draft drawn in favour of Commissioner of Agriculture, Chennai, Tamil Nadu. Security deposit can also be in the form of Small Savings scripts duly pledged in favour of the Commissioner of Agriculture, Chennai, Tamil Nadu. The Security Deposit may also be furnished in the form of an Irrevocable Guarantee in the format enclosed (Appendix-11) for a period of one year and 3 (Three) months from the date of issue of Letter of Acceptance.

16.2.If the successful tenderer fails to remit the security deposit within the above said period, the Earnest Money Deposit paid by him will be forfeited to the Department of Agriculture, Government of Tamil Nadu and his tender will be held void and the tender inviting authority shall continue the process with other responsive tenderers as per the Tamil Nadu Transparency in Tenders Act 1998 and Rules 2000. The Commissioner of Agriculture also reserves the right to take any other action as deemed necessary against such tenderer.

16.3.No Interest will be paid by this Department on the Security Deposit mentioned in Clause 16.1 above.

17. SIGNING THE AGREEMENT

17.1.The successful tenderer shall furnish the required security deposit and execute an agreement (three copies)on a non-judicial stamp paper to the value of Rs.100/- embodying the terms and conditions of the tender within 7 days from the date of acceptance of the tender. The specimen format of Contract of Agreement is enclosed (Appendix 12).

17.2.If the agreement mentioned in sub clause 17.1 above is not executed in the prescribed period, the Earnest Money Deposit and Security Deposit of the tenderer are liable to be forfeited to Government.

17.3.In case of successful tenderer being the SSI, if the agreement mentioned in sub clause 17.1 above is not executed in the prescribed period, the approval granted accepting the tender will become null and void.

15

Signature of the Tenderer

17.4.The successful tenderer, if fails to execute the agreement within the stipulated period, he will also be liable for all damages arising there from such default including the cost of conducting fresh tenders and the increase in rates if any, in the subsequent tender and shall compensate for all losses sustained by the Government in this regard.

17.5.The rates of the contract is valid for a period of one year from the date of execution of Tender.

18.TERMINATION OF CONTRACT

18.1.Termination for Default:

(a)The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default with a notice period of 7 days, sent to the Supplier, terminate the contract in whole or part, (i) if the Supplier fails to deliver any or all of the goods within the time period(s) specified in the Contract, or (ii) if the Supplier fails to perform any of the obligation(s) under the contract; or (iii) if the Supplier, in the judgment of the Purchaser, has engaged in fraudulent and corrupt practices in competing for or in executing the contract.

(b)In the event the Purchaser terminates the contract in whole or in part, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, the goods and services similar to those delivered and the Supplier shall be liable to the Purchaser for any additional costs for such similar goods. However, the Supplier shall continue the performance of the contract to the extent not terminated.

18.2.Termination for Convenience:

The Purchaser may by written notice, with a notice period of 7 days sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective.

19. Special Conditions

19.1.Adducing reasons like break down of machinery in the factories, power cut if any

enforced by power utilities, strikes, non-availability of technical grade materials for formulation, non-availability of solvents non-availability of containers of required size and quantity for not accepting orders when placed or for delays if any in actual supplies or any other reason will not be entertained. Non- fulfillment of the contract on any grounds will result in forfeiture of part or whole of Security Deposit /Earnest money deposit amount which may be decided by the Commissioner of Agriculture besides debarring the supplying firm to enter into subsequent tenders. Besides this, the tenderer will be liable for all damages arising there from such default including the cost of conducting fresh tenders and the increase in rates if any in the subsequent tender and shall compensate for all losses sustained by the Government in this regard.

19.2.If the Tenderer fails to effect the supply within the stipulated time, the purchaser is at liberty to make alternate arrangement for purchase of the items for which the purchase Orders have been placed, from any other sources or in the open market or from any other tenderer who might have quoted higher rate, at the risk and cost of the supplier and in such case the purchaser has every right to recover the cost and impose penalty, besides taking any other action.

19.3The price quoted by the tenderer shall not in any case exceed the local market rate and the maximum retail price.

16

Signature of the Tenderer

19.4If the tenderer fails to supply the material approved under this contract, (or supplies sub-standard material) the tenderer may be debarred from participating in the subsequent tenders at the discretion of the Tender Accepting Authority.

19.5Indent for the supply of Green Manure Seeds will be placed by the officials of the Department of Agriculture or by any agency nominated by Government of Tamil Nadu.

19.6In the event of non-compliance of the tender conditions by the tenderer, the Commissioner of Agriculture reserves the right to reallocate or revise the allotment already approved at any time during the currency of the tender period.

19.7The tenderer must submit samples in three separate packets of 1 kg each while submitting the tender cover. These samples should be packed in a water proof polythene cover kept inside a cloth bag. The name of the material, tender No.

and name of the tenderer should be legibly mentioned on the cover using indelible ink. The Tender Inviting Authority reserves the right to get these samples tested. Failure to submit the samples may make the tender as a non- responsive one.

19.8The tenderers should furnish the batch number of the seeds immediately before and after every despatch to the Commissioner of Agriculture. Based on the information, samples will be drawn by the Seed Inspectors to check the quality of the seed supplied. The testing shall be carried out in notified Seed Testing Laboratories of the Department and Tamil Nadu Agricultural University.

19.9The rates should be quoted with reference to the specifications as mentioned in the tender schedule.

19.11The Tender Inviting Authority reserves the right to verify any information and documents submitted by the tenderer in response to this tender and the tenderer shall, when so required by the tender inviting authority, make available all such information, evidence and documents including the original as may be necessary for such verification. Any such verification or lack of verification by the tender inviting authority shall not relieve the tenderer of its obligation or liabilities hereunder nor will it affect any rights of the Tender inviting Authority / Purchaser.

20.LABELLING:

The Labelling on the individual packing should have the following mark in BOLD

LETTERS ‘TAMIL NADU AGRICULTURE DEPARTMENT TENDER 2012-2013. NOT FOR RESALE’ both in English and Tamil.

21.DELIVERY

21.1.The tenderer should intimate the indenting officer the exact date of receipt of indent, and the probable date of dispatch of the consignment.

21.2.The tenderer should deliver the Green Manure Seeds at the Agricultural Extension Centres in Tamil Nadu as per the dispatch instructions within 15 days of the receipt of the indent without penalty. Any delay in supply, irrespective of the power cut if any enforced by the power utilities, strikes, non-availability of labour, non availability of containers of required size, quantity etc. will not be entertained and acceptable.

21.3.In any case the tenderer shall supply the entire quantity within one month of issue of Letter of Acceptance.

17

Signature of the Tenderer

22. PAYMENT AND MODE OF PAYMENT

22.1.No mobilization advance or any sort of advance payment request shall be considered.

22.2.Payment shall be made to the firm by the buyer after the receipt of goods and after due verification and testing for quality and quantity.

22.3.No payment will be effected by the Department against LR/RR or through Bank for the consignment.

22.4.Any request or condition on the mode of payment other than the one in 22.2 shall be considered as disqualification and the tender will be rejected summarily.

22.5The tenderer should submit a copy of the invoice to the concerned district Joint Director of Agriculture and to the Commissioner of Agriculture, Chepauk, Chennai-5 while raising the invoice for the supplied products.

23. WARRANTIES & PENALTIES:

23.1.The entire supply shall be effected within 30 days from the date of issuing letter of acceptance. Further the supply against a particular indent shall be effected within 15 days from the date of receipt of indent. On receiving the indent, the seller shall deliver the Green Manure Seeds to the Agricultural Extension Centres. The indenting Officer shall have the power to impose penalty for belated supplies.

23.2For stock delivered to the Agricultural Extension Centres between 16th to 20th day a penalty of 1% of the total amount of the bill, 21st to 30th day a penalty of 2% of the total amount of the bill will be imposed. No delivery shall be effected by

the tenderer after the 30th day of receipt of indent. Consignment delivered after 30th day of receipt of indent will not be accepted and the indent shall lapse automatically. The decision of the Commissioner of Agriculture will be final in this regard.

23.3The Commissioner of Agriculture reserves the right to decide whether the security deposit should be forfeited for non-fulfillment of the contract or for belated dispatches.

23.4The tenderer warrants that the seeds delivered by him under this tender are suitable and fit for agriculture purposes and in every respect equal and answerable to the pattern of samples rendered already for test by the Department. As soon as the supply of the seeds are made to the Department samples will be drawn. If the sample tested is sub standard the supplier is liable for action and such sub standard material should be removed within 7 days by the supplier at his cost. The supplier need not be physically present at the time of the drawal of the sample. Samples taken in the Agricultural Extension Centres either in the presence of the supplier or in their absence will be construed as sampling in their presence. One portion of the sample intended for them will be kept at the Agricultural Extension Centres drawn in their absence will be admitted as supplier portion. For all legal requirements, the supplier shall accept the sample kept with the Agricultural Extension Centers as their portion. Necessary quality test will be performed at the authorized testing centres.

18

Signature of the Tenderer

23.5.If the sample is found sub-standard at any time within the expiry period, then the sub-standard seed shall be rejected and such sub-standard rejected seeds shall be removed by and at the expense of the seller after replacement of equal quantities of the seeds by good quality seeds at the place at which the sub- standard seed is available for removal within 7 days of issuing a notice of rejection by the Indenting Officer. If the sub-standard seeds are not removed, the indenting officer may seize such sub-standard seeds or may dispatch such sub- standard seeds to the seller’s address and charge the seller with all expenses whatsoever including the cost of transportation. In case if the test results are sub-standard, action will be initiated as per the Seed Act 1966 and Seed Rule 1968 “besides other action as deemed necessary”.

23.6.The result of the analysis of the seeds from the notified Seed Testing Laboratories of the department and Tamil Nadu Agricultural University notified by the Director of Seed Certification shall be final. However the department reserve the right to send samples to the CSTL, Varanasi for testing. In case if there is a difference between the result of the above two laboratories, the result of CSTL, Varanasi will be final.

19

Signature of the Tenderer

APPENDIX 1 - CHECK LIST

(Please mention Yes or No as the case may be for each item below) Tender for supply of . ………………….

S.

Details

Whether

If yes

No

 

 

 

 

 

enclosed?

page No.

 

 

 

 

1

Check List as per Appendix-1 and Covering Letter

Yes/No

 

 

 

 

 

 

 

2

Certified power of Attorney authorizing a representative (s)

Yes/No

 

 

 

 

of the firm to sign the tender and all subsequent

 

 

 

communication.

 

 

 

 

 

 

3

Declaration as per Appendix – 2 (i)

Yes/No

 

 

 

 

 

 

 

4

Order of preference Appendix-2 ( ii ) if the tenderer is

 

 

 

 

 

 

quoting for more than one item

 

 

 

 

 

 

5

Proof of 3 years experience in production of seeds in the

Yes/No

 

 

 

 

case of a producer

 

 

 

 

 

 

6

Documentary evidence of Previous Experience as per

Yes/No

 

 

 

 

Appendix-3 (i) and Appendix 3 (ii) as the case may be

 

 

 

 

 

 

7

VAT / CST registration certificate from the Commercial Tax

Yes/No

 

 

 

 

Department of Tamil Nadu.

 

 

 

 

 

 

8

License from the Competent Authority ( for Producer and

Yes/No

 

 

 

 

Distributor separately )

 

 

 

 

 

 

9

Producer and Distributor Agreement in original as per

Yes/No

 

 

 

 

Appendix-10

 

 

 

 

 

 

10

Evidence of Financial Standing as required in Clause 3 and

Yes/No

 

 

 

 

Appendix 4.

 

 

 

 

 

 

11.

The Earnest Money Deposit or copy of the SSI or NSIC

Yes/No

 

 

 

 

Certificate in case of Small Scale units (Producer) availing

 

 

 

exemption from payment of EMD.

 

 

 

 

 

 

20

Signature of the Tenderer

S.

Details

Whether

If yes

No

 

 

 

 

 

enclosed?

page No.

 

 

 

 

12.

Banker’s Certificate regarding Credit Facility as per

Yes/No

 

 

 

 

Appendix-5 (OR) Solvency Certificate from a bank

 

 

 

 

 

 

13.

Letter of Tender as per Appendix 6.

Yes/No

 

 

 

 

 

 

 

14.

Declaration, as per Appendix 7 to the effect that the tender

Yes/No

 

 

 

 

is without any deviations from the technical and commercial

 

 

 

terms & conditions of the tender

 

 

 

 

 

 

15.

Schedule of confirmation of Technical information as per

Yes/No

 

 

 

 

Appendix 9.

 

 

 

 

 

 

16.

Notarized undertaking by the Tenderer (Appendix - 13)

Yes/No

 

 

 

 

 

 

 

17.

Duplicate copy of the Technical Bid

Yes/No

 

 

 

 

 

 

 

18.

A Blank copy of the Tender document including appendices

Yes/No

 

 

 

 

with all pages duly signed by the authorized signatory of the

 

 

 

Tenderer and stamped with the company seal as a proof of

 

 

 

 

 

 

19.

Whether the Price Bid cover in the prescribed format i.e.

Yes/No

 

 

 

 

as per Appendix-8 is submitted.

 

 

 

 

 

 

Signature of the authorized Signatory:

Name of the authorized signatory:

Name of the Company :

Seal of the company

21

Signature of the Tenderer

APPENDIX-2(i)

SUPPLY OF . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . (Specify item) Declaration (To be submitted along with the tender)

1) I / We . . . . . . . . . . . . . . . . . . . . . . .. . have gone through the instructions in the tender and agree to abide by all the conditions mentioned therein.

2) I / We . . .. . . . . . . . . . . . . . . . . . . . . . hereby state that I/we have remitted Rs. . . . . ..

. . (Rupees…………………………….only) in the form of Demand Draft/Banker ’s

Cheque/NSC bearing No. ---------------------------

Dated : ---------------------------

drawn on-------------------------------------------------------------------

Bank ------------

-----Branch, in favour of Commissioner

of Agriculture, Chepauk,

Chennai – 600-005, as Earnest Money Deposit and agree to have it forfeited to the Department of Agriculture in case of my / our failure to undertake the contract for the items accepted by the Tender Accepting Authority, Chennai.

3)I / We hereby certify that the prices quoted by me / us is to the best of my / our knowledge and belief, are not more than the price which is permissible for me / us to charge a private purchaser for the same items and description of Green Manure Seeds under the provisions of any law in force.

4)I / We hereby certify that the rates quoted in this tender is final and I / We will not come forward for any revision or alteration in rates quoted subsequently due to hike in prices or any other reasons.

5)I / We hereby accept to forfeit the Earnest Money Deposit in the event of withdrawal of tender by me /us subsequent to opening of the tender.

 

Signature

Place

Name and address

Date:

 

WITNESS SIGNATURE:

Company Seal

Name, Address and Occupation of witness.

 

22

Signature of the Tenderer

APPENDIX-2(ii)

ORDER OF PREFERENCE

( in case of the tender is quoting for more than one item )

Order of Preference

Item No.

Name of the Crop

1.

2.

Note: As stated clause 3.4 (i)

 

Name of the Tenderer

:

Signature of the Authorized Signatory

:

Designation

:

Company Seal

:

Date

:

23

Signature of the Tenderer

APPENDIX- 3(i)

Production and Sale experience of the producer

REFERENCE LIST OF CONTRACTS

EXECUTED BY THE APPLICANT TO ESTABLISH HIS CAPACITY TO

SUPPLY

Sl.

Financial

Name

Var iety

Certification

Quantit y

To whom

Invoice

Dat e of

Quantity

No.

year

of the

 

class

produced

sold

No.

Invoice

s old

 

 

crop

 

 

( MT)

 

 

 

( MT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact official of the Department/Organisation with whom the contract is executed

Name

:

Phone No.

:

Note: Documentary evidence should be furnished only for 200MT in the case of Daincha and 85MT in case of Sunnhemp If the tenderer participates for more than one item, then the cumulative quantity shall be taken into account.

Signature of the tenderer

Name and Address

Company seal.

24

Signature of the Tenderer

APPENDIX- 3(ii)

Selling experience of the distributor

REFERENCE LIST OF CONTRACTS

EXECUTED BY THE APPLICANT TO ESTABLISH HIS CAPACITY TO

SUPPLY

Sl.

Financial

Name

Var iety

Certification

Name

& address

of

Quantity

Invoice

Invoice

No.

year

of the

 

Class

the

Depart ment

/

s upplied in

No.

Date

 

 

crop

 

 

Organi zation

/

MT

 

 

 

 

 

 

 

Pr ivate fir m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact official of the Department/Organisation with whom the contract is executed

Name

:

Phone No.

:

Note: Documentary evidence should be furnished only for 200MT in the case of Daincha and 85MT in case of Sunnhemp If the tenderer participates for more than one item, then the cumulative quantity shall be taken into account.

Signature of the tenderer

Name and Address

Company seal.

25

Signature of the Tenderer

 

 

 

APPENDIX-4

 

 

 

 

FINANCIAL CAPACITY

1

.Name of the firm

:

2

.Address of the Registered Office

:

3

.Address of the Office for

:

 

Communication

 

4

.Networth of the Firm (Rupees)

:

5

.Annual Turnover in Rupees for preceding three years:

 

 

 

 

 

 

 

 

Sl.No.

Year

 

Turnover in Rupees

 

 

1.

 

 

 

 

 

2.

 

 

 

 

 

3.

 

 

 

 

 

Average Annual Turnover

 

 

 

 

for the above three years:

 

 

Signature of person[s] authorized:

Date:

Name and Designation:

 

Attachments to be submitted along with this Appendix:

I. Annual Audit Report, Balance Sheet and Profit and Loss statement for the three (3) preceding financial years.

II. Work sheet on networth of the firm for the latest audited year.

26

Signature of the Tenderer

APPENDIX – 5

BANK CERTIFICATE REGARDING CREDIT FACILITY

This is to certify that M/s………………. is a reputed company with a good financial standing. If the contract for the work, namely …………………… is awarded to the above firm, we will be able to provide overdraft/credit facility to them for Rs…………(Amount in words ) to meet their working capital requirement for executing the above contract.

Date:

Signature and Designation of the

 

Authorized Officer

 

Name and Address of the Bank

Place:

 

27

Signature of the Tenderer

APPENDIX- 6

LETTER OF TENDER

To

The Commissioner of Agriculture,

Chepauk, Chennai -600 005.

Sir,

Subject: Tender for the supply of Green Manure Seeds

We, the undersigned do hereby tender and undertake to perform, provide, execute all the works, materials, matters and things described or intimated in the various schedules hereto annexed and the specifications thereto (which have been produced to and carefully examined by us) in strict accordance with and subject to the terms, provisions and conditions setforth or mentioned in the said schedules, specifications at the rates given and as stated in the price schedule.

We herewith enclose DD / Bankers’ Cheque/NSC No.............Date.... . in favour of the Commissioner of Agriculture, Chepauk, Chennai-5 for Rs. . . . .

(Rupees . . . . . . . . . . . . . . . .

. . . only) as

a guarantee for the due

fulfillment of our tender [EMD] and,

if successful,

undertake and agree to

forward to the Commissioner of Agriculture in (7) seven days after the notification of the acceptance by the Commissioner of Agriculture of this Tender has been received by us, the Security Deposit as demanded in the form and manner required as security for the due fulfillment of our Contract.

We undertake and agree that we will not withdraw this Tender during the period that will be required for intimation of acceptance or non acceptance as stipulated in clause 15 of the Tender document such period to date from the last date by which Tenders are due to be submitted to the Commissionerate of Agriculture. If we do so withdraw, we shall forfeit the Earnest Money Deposit to the Commissioner of Agriculture. We agree to execute at our cost the Agreement in (7) seven days after the notification of the acceptance of our Tender has been received by us. In the event of our failing to make the Security Deposit or to execute the Agreement in the said manner, the Earnest Money Deposit accompanying this Tender shall be forfeited to the Commissioner of Agriculture and this concluded Contract shall in such case be considered as having been cancelled or terminated and we agree to be liable irrespective of the forfeiture aforesaid for all damages, losses, costs, charges and expenses arising from or by reason of such failure and arrangements.

As witness our hand this..............day of................of 2012.

Signature :

Name &Address :

28

Signature of the Tenderer

APPENDIX- 7

FORM OF LETTER CONFIRMING THE TECHNICAL AND COMMERCIAL TERMS & CONDITIONS OF THE TENDER.

To

The Commissioner of Agriculture,

Chepauk, Chennai-600 005.

Sir,

Subject: Tender for supply of . . . .

We have examined the Tender document, the receipt of which is hereby acknowledged.

We have submitted our Tender ref................

Dated.............

for

the

supply of . . . . . . . . . . . . as per the

specifications and

terms

and

conditions of the Tender Document.

 

 

 

We confirm that our Tender is in conformity with the technical specifications and commercial terms & conditions as stipulated in the Tender Document and without any deviations whatsoever. We are aware that our Tender is liable for disqualification in the event of technical and commercial deviations are observed by the Tender Accepting Authority at a later date during the process of evaluation of our Tender.

Thanking you and assuring you of our best services always.

Very truly yours,

Name of the Tenderer

Signature and name of the authorized signatory

Company Seal

29

Signature of the Tenderer

APPENDIX- 8 (i)

SCHEDULE OF PRICE

(To be furnished in PART B: Price Bid Cover)

For the supply of DAINCHA SEEDS

Sl.

Details

 

 

Rate per Metric Tonne

No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rs.

 

Amount in words

 

 

 

 

 

 

1.

Cost including all taxes & charges

 

 

 

 

 

but excluding VAT

 

 

 

 

 

 

 

 

 

 

2.

TNVAT, if any

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

Name of the Tenderer

:

 

 

 

Signature of Authorised Signatory

:

 

 

 

Designation

:

 

 

 

Date

:

 

 

30

Signature of the Tenderer

APPENDIX- 8 ( ii )

SCHEDULE OF PRICE

(To be furnished in PART B: Price Bid Cover)

For the supply of SUNNHEMP SEEDS

Sl.

Details

 

 

Rate per Metric Tonne

No.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rs.

 

Amount in words

 

 

 

 

 

 

1.

Cost including all taxes & charges

 

 

 

 

 

but excluding VAT

 

 

 

 

 

 

 

 

 

 

3.

TNVAT, if any

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

Name of the Tenderer

:

 

 

 

Signature of Authorised Signatory

:

 

 

 

Designation

:

 

 

 

Date

:

 

 

31

Signature of the Tenderer

APPENDIX 9 (i )

SCHEDULE OF CONFIRMATION

OF TECHNICAL INFORMATION

. . . . . . . . . . . . . . . . . . . . . . . . . . (Specify the crop)

(Tenderer is to complete this schedule and submit it with the tender)

Name of the Seed

Specification

Packing

 

 

Unit &

 

 

container

Daincha

 

 

 

 

 

Name of the Tenderer

:

Signature of Authorized

 

Signatory

:

Designation

:

Company seal

:

Date

:

32

Signature of the Tenderer

APPENDIX 9 (ii )

SCHEDULE OF CONFIRMATION

OF TECHNICAL INFORMATION

. . . . . . . . . . . . . . . . . . . . . . . . . . (Specify the crop)

(Tenderer is to complete this schedule and submit it with the tender)

Name of the Seed

Specification

Packing

 

 

Unit &

 

 

container

Sunnhemp

 

 

 

 

 

Name of the Tenderer

:

Signature of Authorized

 

Signatory

:

Designation

:

Company seal

:

Date

:

33

Signature of the Tenderer

APPENDIX-10

MARKETING AGREEMENT BETWEEN DISTRIBUTOR AND PRODUCER

( on 100 Rupees non-judicial stamp paper)

No……….dated……………..

To

…………………

…………………

…………………

Dear Sir,

Tender No…………………………….

Producer cum Seller License No………………………………

We ………………… who are producer and seller of …………………seeds having office at ……………….. and do hereby agree to supply …………………Metric tonnes of certified seed of ………………… crop to M/s. ……………………… (Name and address of Representative)

We hereby undertake to extend our full guarantee and warranty as per

Conditions of Contract for the GREEN MANURE SEEDS offered for supply against

this tender invitation for bid by the above firm.

Yours faithfully,

(Name)

For and on behalf of M/s……………... (Name of Firm)

34

Signature of the Tenderer

APPENDIX – 11

Bank Guarantee Format

(To be executed in Rs.100/- Stamp Paper)

To

The Commissioner of Agriculture,

Chepauk,

Chennai-600 005.

Bank Guarantee No:

Amount of Guarantee:

Guarantee covers from:

Last date for lodgement of claim:

The Deed of Guarantee executed by ............ (Bankers Name & Address) having our Head Office at ................... (address) (hereinafter referred to as “the Bank”) in favour of the Commissioner of Agriculture, Chepauk, Chennai-5 (hereinafter referred to as “the Beneficiary”) for an amount not exceeding Rs._________/- (Rupees ____________

only) as per the request of M/s._________________ having its office address at

_______________ (hereinafter referred to as “Supplier”) against Letter of Acceptance reference ______________ dated ___/___/____ of Commissionerate of Agriculture. This guarantee is issued subject to the condition that the liability of the Bank under this guarantee is limited to a maximum Rs._________/- (Rupees __________only) and the guarantee shall remain in full force upto .................. months from the date of Bank Guarantee and cannot be invoked otherwise by a written demand or claim by the beneficiary under the Guarantee served on the Bank before __________ months from the date of Bank Guarantee.

AND WHEREAS it has been stipulated by you in the said ORDER that the Supplier shall furnish you with a Bank Guarantee by a Scheduled / Nationalised Bank for the sum specified therein as security for compliance with the Supplier’s performance obligations for a period in accordance with the contract.

AND WHEREAS we have agreed to give the Supplier a Guarantee.

THEREFORE, we (Bankers address) .....................

, hereby affirm that we are

Guarantors and responsible to you on behalf

of the Supplier upto a total of

Rs._________/- (Rupees __________only) and we undertake unconditionally to pay you, upon your first written demand declaring the Supplier to be in default under the contract and without any demur, cavil or argument, any sum or sums within the limit of Rs.______________/- (Rupees ____________only) as aforesaid, without your needing

35 Signature of the Tenderer

to prove or show grounds or reasons for your demand or the sum specified therein. We will pay the guaranteed amount notwithstanding any objection or dispute whatsoever raised by the supplier.

This Guarantee is valid upto _____ (specify the date).

Notwithstanding, anything contained herein.

Our liability under this guarantee shall not exceed Rs._____________/- (Rupees

_______________only). This Bank Guarantee shall be valid upto ___ months from the date of Bank Guarantee and we are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before ______________.

In witness whereof the Bank, through its authorized Officer, has set its, hand and

stamp on this ......................................... at ______________.

Witness:

(Signature)

(Name in Block Letters)

 

36

Signature of the Tenderer

APPENDIX – 12

FORMAT OF CONTRACT AGREEMENT

THIS AGREEMENT made on the ………… day of …………. 2012 between Commissioner of Agriculture, Commissionerate of Agriculture, Chepauk, Chennai- 600 005 (Name of purchaser) of…...………. (Country of Purchaser) (herein after “the Purchaser”) of the one part and ……………….. (Name of Supplier) of

………….. (City and Country of Supplier) (herein after called “the Supplier”) of the other part:

WHEREAS the Purchaser is desirous that certain material viz;. Supply of……………. in the tender reference No…………………. (Brief Description of material) and has accepted a bid by the Supplier for the supply of ..................... for the sum of Rs.……………….. (Contract Price in Words and Figures) (herein after called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to, and they shall be deemed to form and be read and construed as part of this agreement.

2.The following documents shall be deemed to form, be read and construed as part of this Agreement, viz;

a)The letter of Acceptance issued by the purchaser.

b)The Notice Inviting Tender

c)The supplier’s bid including enclosures, annexures, appendixes, documents, etc.

d)The Tender Document including various Terms and Conditions (including amendments and clarifications).

e)The Schedule of Requirement

f)The Technical Specification

g)Any other document listed in the supplier’s bid and replies to queries, clarifications issued by the purchaser, such confirmations given by the bidder which are acceptable to the purchaser and the entire Addendum issued as forming part of the contract.

3.In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the Green Manure Seeds and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4.The purchaser hereby covenants to pay the Supplier in consideration of the provision of the Green Manure Seeds and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

37

Signature of the Tenderer

Brief particulars of the Agricultural Inputs which shall be supplied / provided by the Supplier are as under:

SI.

Name of the

Specification

Tender

Unit Price

Total value in

No

material

of item

Qty in

in Rupees

Lakhs.

 

 

 

Unit*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Contract value in Lakhs

 

 

 

Tender quantity indicated here is tentative and may vary subjected to various terms and conditions of the tender.

DELIVERY SCHEDULE:

Supply shall commence immediately and entire quantity shall be supplied within 30 days from the issue of letter of acceptance. Further the supply against a particular indent shall be effected within 10 days from the receipt of such indent “and may vary depending on the indent placed by the District Joint Directors of Agriculture.” The purchaser does not guarantee issue of indent for the above quantity and quantity indented may vary depending on the need . The supplier should supply the material as per the indent issued by the District Joint Directors of Agriculture.

IN WITNESS whereof the parties here to have caused this Agreement to be executed in accordance with their respective laws the day and year first above written.

Signed, Sealed and Delivered by the

Said ……………………….. (For the Purchaser) in the presence of ………………

Signature Name Address

Signed, Sealed and Delivered by the

Said ……………………….. (For the Supplier) in the presence of ………………

Signature Name Address

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Signature of the Tenderer

APPENDIX – 13

NOTARIZED UNDERTAKING

I / We M/s………………….. represented by its Proprietor / Managing Partner / Managing Director having its Registered Office at ……………………… and its Production, Sales Premises at ………………………….. do declare that I / We have carefully read all the conditions of tender in Ref…………………………………….. floated by the Commissioner of Agriculture, Chepauk, Chennai-5 and accepts all conditions of the Tender.

I / We declare that we possess the valid license for Producing / Selling seeds issued by the Competent Authority and complies and continue to comply with the conditions laid in Seed Act 1966 and Seed Rule 1968. I / We furnish the particulars in this regard in enclosure to this declaration.

I am / we are aware of the Tender Inviting Authority’s right to forfeit the Earnest Money Deposit and / or Security Deposit and blacklisting me / us if, any information furnished by us proved to be false on verification and not complying with the tender conditions

Signature:

Name & Address:

Seal

To be attested by the Notary.

39

Signature of the Tenderer

APPENDIX – 14(a)

1) SPECIFICATIONS OF GREEN MANURE SEEDS- DAINCHA (As desired by the Department)

TERMS AND CONDITIONS

1Daincha seeds should have validity period of minimum 6 months on the date of delivery.

2The place of stock point of the product in Tamilnadu should be mentioned (complete address with contact phone No.)

3 Shelf life should be quoted along with date of testing.

4 Any other specifications/details as per the tender documents

Terms and Conditions

Approximate total

 

 

 

 

785 MT

 

 

 

quantity required

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F.O.R Destination

All

Agricultural

Extension

Centres

in Tamil Nadu

 

(except The Nilgiris).

 

 

 

 

 

Packing

20 & 50 kg ( should be packed in cloth & gunny bags)

 

 

 

 

 

 

Quality

The

purchaser

reserves

the right to

test the supply

 

material at any time during the agreement period.

 

 

 

 

 

 

 

 

 

 

 

 

 

Sl.

Details

 

 

 

Standard

 

 

 

 

No.

 

 

 

 

 

 

 

 

 

 

1

Pure Seed ( Minimum)

 

98%

 

 

 

 

2

Inert Matter ( Maximum)

 

2%

 

 

 

 

3

Other

Crop

Seed

 

10 / kg

 

 

 

 

 

(Maximum Nos)

 

 

 

 

 

 

 

4

Weed

seed

(

Maximum

 

10 / kg

 

 

 

 

 

Nos)

 

 

 

 

 

 

 

 

 

5

Germination

 

including

 

75%

 

 

 

 

 

hard seeds ( minimum)

 

 

 

 

 

 

6

Moisture ( maximum)

 

9%

 

 

 

Delivery of Seeds

Seeds should be delivered on or before 15 days from

 

the date of receipt of order

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

40

Signature of the Tenderer

1) SPECIFICATIONS OF GREEN MANURE SEEDS- SUNNHEMP (As desired by the Department)

TERMS AND CONDITIONS

1 Sunnhemp seeds should have validity period of minimum 6 months on the date of delivery.

2The place of stock point of the product in Tamilnadu should be mentioned (complete address with contact phone No.)

3 Shelf life should be quoted along with date of testing.

4 Any other specifications/details as per the tender documents

Terms and Conditions

Approximate total

 

 

 

 

215 MT

 

 

 

quantity required

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F.O.R Destination

All Agricultural Extension Centres in Tamil Nadu (except

 

The Nilgiris).

 

 

 

 

 

Packing

20 & 50 kg ( should be packed in

cloth & gunny bags)

 

 

 

 

 

Quality

The purchaser

reserves

the right to

test the supply

 

material at any time during the agreement period.

 

 

 

 

 

 

 

 

 

 

 

 

Sl.

Details

 

 

Standard

 

 

 

 

No.

 

 

 

 

 

 

 

 

1

Pure Seed ( Minimum)

 

98%

 

 

 

 

2

Inert Matter ( Maximum)

2%

 

 

 

3

Other

Crop

Seed

20 / kg

 

 

 

 

 

(Maximum Nos)

 

 

 

 

 

4

Germination

including

80%

 

 

 

 

 

hard seeds ( minimum)

 

 

 

 

5

Moisture ( maximum)

 

9%

 

 

 

Delivery of Seeds

Seeds should be delivered on or before 15 days from

 

the date of receipt of order

 

 

 

 

 

 

 

 

 

 

 

 

 

41

Signature of the Tenderer

ABBREVIATIONS USED IN THE TENDER DOCUMENT

ABBREVIATION

EXPANSION

 

 

VAT

Value Added Tax

 

 

CST

Central Sales Tax

 

 

EMD

Earnest Money Deposit

 

 

SSI

Small Scale Industries

 

 

NSIC

National Small Industries Corporation

 

 

F.O.R.

Freight On Road

 

 

LR

Lorry Receipt

 

 

RR

Rail Receipt

 

 

DD

Demand Draft

 

 

NSC

National Saving Certificate

 

 

S.L.

Seed License

 

 

Supplier

The successful tenderer whose tender

 

has been accepted.

 

 

Purchaser

Commissioner of Agriculture on behalf

 

of the Government of Tamil Nadu

 

 

CSTL

Central Seed Testing Laboratory

 

 

42

Signature of the Tenderer