M T F

MULTIMODAL CONTRACT FOR TRANSPORTATION OF FOOD GRAINS

FROM ......................................................................................... TO

.........................................THROUGH NATIONAL WATERWAYS NO. 2

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PRESS NOTICE

NOTICE INVITING TENDER (TENDER No. ……………..………. Date …………………)

Sealed bids in the prescribed Bid Document are invited from interested, eligible bidders for

multimodal contract for Loading /Unloading/ (except at Food Corporation of India Depots at

…………….….. AND …………..…….), Handling & Transportation of bagged food grains of 3000 MT

from designated Depots at …………........... to designated Depots at ………………..........., through

Road and inland waterways (IWT) including transshipment, Handling and Stevedoring

wherever applicable, within a period of three calendar months from the date of

communication of acceptance letter by FCI.

The Bid document and other detailed terms & conditions are available in the Food

Corporation of India website www.fciweb.nic.in

The last date for submission of the Bids is ……………… 3.00 PM of ……..……………., 2012.

Food Corporation of India reserves the right to cancel the tender enquiry at any stage without

assigning any reason.

General Manager (R)

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PART – A

TECHNICAL BID

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FORWARDING LETTER

From

(Full name & address of the Bidder)_____________

__________________________________________

To

THE GENERAL MANAGER, (R)

FOOD CORPORATION OF INDIA (FCI)

R.O…………………………………………

Dear Sir,

1. With reference to your Tender No. --------- dated --------- I submit the Sealed Bids

under two-bid system for appointment as a Multimodal Handling & Transportation contractor

by Road & Riverine Movement.

2. I/We have thoroughly examined and understood all the terms & conditions as

contained in the complete set of Bid document and agree to abide by them.

3. I/We agree to keep the offer open for acceptance up to and inclusive of

____________and to the extension of the said date by another 30 days in case it is so decided

by FCI. I/We shall be bound by communication of acceptance of the offer despatched by FCI

within the time. I/we also agree that if the date up to which the offer would remain open is

declared a holiday for FCI, the offer will remain open for acceptance till the next working day.

4. I/We hereby enclose Demand draft No_____________ dated______________drawn

on the_____________ for Rs _____________ Rupees _______________(in words) towards

Earnest Money and another Demand Draft No_____________ dated______________drawn

on the_____________ for Rs _____________ Rupees _______________(in words) towards

the cost of Bid document. In the event of my/our tender being accepted, I/We agree to

furnish within fifteen working days of acceptance of the tender Security Deposit as stipulated

in the Tender.

5. I/We do hereby declare that the entries made in the bid document are true and also

that I/We shall be bound by the acts of my/our duly constituted Attorney.

Recent photograph

of Bidder

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6. I/We do hereby declare that the bidder Firm has not been blacklisted/debarred by any

Govt. Department/Public sector undertaking for any failure to comply with the terms and

conditions of any contract, or for violation of any Statute, Rule, or Administrative

Instructions.(*)

OR

I hereby declare that the bidder Firm was blacklisted/debarred by______________(here give

the name of the Department/Agency) for a period of _________, which period has expired on

_________. (Full details of the reasons for blacklisting/debarring, and the communication in

this regard, should be given)(*)

(*) (Strike out whatever is not applicable)

7. I/We hereby declare that the contract entered into by the bidder Firm with any Govt.

Department/Public sector undertaking or any other client, has not been terminated before

the expiry of the contract period at any point of time during the last five years.

8. I hereby declare that the Earnest Money Deposit and/or Security Deposit of the bidder

Firm has not been forfeited or adjusted against any compensation payable, in the case of any

Contract entered into by the Firm with any Govt. Department/Public sector undertaking or

any other client, during the last five years.

9. I/We hereby declare that the Bidder Firm, its proprietor / any of the partners / any of

the Directors has not been, at any time, convicted by a court for any offence and sentenced to

imprisonment for a period of three years or more.

10. I/We do hereby declare that the bidder Firm has not been blacklisted / debarred by

Govt. of India from undertaking any transportation activities in India at any time during last

five years.

I/We certify that all information furnished by the bidder Firm is true & correct and in the

event that the information is found to be incorrect/untrue, the FCI shall have the right to

disqualify the Firm without giving any notice or reason therefore or summarily terminate the

contract, without prejudice to any other rights that the FCI may have under the Contract and

Law.

(Signature of Tenderer)

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Tender No. ………………………… Date………………………………….

FOOD CORPORATION OF INDIA,

REGIONAL OFFICE_________________________

INVITATION TO BID AND INSTRUCTIONS TO BIDDERS FOR APPOINTMENT OF

LOADING/UNLOADING/ HANDLING & TRANSPORT CONTRACTOR FOR MULTIMODAL

CONTRACT FOR TRANSPORTATION OF FOOD GRAINS FROM ................... TO ................ BY

ROAD & INLAND WATER TRANSPORT MODE IN INDIA .

A. Last date for receipt of Bids up to……P.M. on…............

B. Bids to be opened at….......................P.M. on………………….

Note: If the date fixed for opening of bids is declared a holiday, the bids will be opened on the

next working day following the holiday but there will be no change in the time for opening as

indicated above.

C. Bids to remain open for acceptance up to and inclusive of……………………………

Note: (1) The General Manager, Food Corporation of India, may, at his discretion, extend this

day by 30 days and such extension shall be binding on the Bidders.

(2) If the date up to which the Bid is open for acceptance is declared to be a closed

holiday/Sunday, the tender shall be deemed to remain open for acceptance till next following

working day.

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INVITATION TO BID

FROM:

The General Manager,

Food Corporation of India

______________________

______________________

Tel. No. FAX No. E-mail:

To ___________________________

______________________________

Dear Sir(s),

For and on behalf of the Food Corporation of India (hereinafter called the FCI) the General

Manager, Food Corporation of India,…………………….. Region invites sealed bids in the

prescribed Bid Document from interested, eligible bidders for multimodal transportation

contract for Loading/Unloading, (except at FCI depots at …………..….. and ……………….….)

/Handling & Transportation of bagged food grains of 3000 MT from designated Depots at

…………………. to designated Depots in ………………………, by Road and inland waterway mode

within a period of three calendar months from the date of communication of acceptance

letter by FCI.

2. Interested bidders may obtain bid documents from FCI website: www.fciweb.nic.in upto

…………………..P.M. on ………………….(date). The bidders shall enclose alongwith the Technical Bid

a separate DD for Rs. 1000/- towards the cost of the Bid document.

3. The last date for submission of the Bids is ………………..PM of ……………….., 2012 and the Bid

documents will be received up to that time in the office of the General Manager(R), FCI,

………………. and Technical Bids will be opened at …………………... on the same day in the

presence of the intending bidders/their authorized representatives who may wish to be

present.

4. Pre- bid meeting: FCI will be holding a pre-bid meeting at Food Corporation of India,

Regional Office ………… on …………….. (date) at ………….(time). Interested prospective bidders or

their authorized representatives who wish to participate in the Tender enquiry may

participate and seek any clarifications and based on which FCI reserves the right to make any

alterations in the tender document based on the suggestions/ decisions arrived at the pre-bid

meeting.

5. Food Corporation of India reserves the right to cancel the tender enquiry at any stage

without assigning any reason.

General Manager (R)

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INSTRUCTION TO BIDDERS

1. Introduction

The Food Corporation of India (FCI) was setup under the Food Corporation Act 1964, in order

to fulfil following objectives of the Food Policy:

• Effective price support operations for safeguarding the interests of the farmers.

• Distribution of food grains throughout the country for public distribution system ; and

• Maintaining satisfactory level of operational and buffer stocks of food grains to ensure

National Food Security.

FCI has been entrusted with the responsibility of execution of the Food Policies of the

Government of India in the areas of procurement, storage, movement and distribution of food

grains.

2. Object of the Contract

Multimodal transportation contract for Loading/Unloading,(except at FCI depots at

……………..…….and ……….…………….) /Handling & Transportation of bagged food grains of 3000

MT (Approx.) from designated Depots at ................. (Assam, India) to designated Depots at

………….…….., (Assam,India), by Road and inland waterway transport (IWT) mode and such

other additional ancillary, incidental and auxiliary duties, services and operations as may be

instructed by or as instructed by the General Manager, FCI, (Region) or an officer acting on his

behalf and not inconsistent with terms and conditions of this contract within a period of three

calendar months from the date of communication of acceptance letter by FCI.

3. Brief description of work

(i) Multimodal transportation contract for Loading/Unloading, (except at FCI depots at

…………………… and ………………….…..), Handling and Transportation of bagged food grains of

3000 MT (Approx.) from designated Depots at ................... to designated Depots at

…………….….. through Road and Inland Water Transport mode. The scope of the above contract

includes the following:

(a) Placing required number of trucks as per movement schedule at FCI designated depots at

..........., after cent percent weighment and counting of bags and loading into the trucks by

FCI’s labour/workers, transportation of food grains by road from the FCI designated depots at

..................... to Riverghat/ Inland Water Transport (IWT) Ports at ......................

(b) The food grains are then either loaded directly to the Inland Barges/IWT vessels or stacked

at the port through the labour engaged by the Bidder. At the Riverghats/IWT ports, if need

be, the Bidder associates stevedoring agents. After loading food grains into the IWT vessels

they are transported to Riverghat in ................... ( North Bank of Brahmaputra) by IWT mode.

(d) The food grains are then transported to the designated depots in …………............ where it

is again subjected to cent percent weighment and counting and receipt by the consignee.

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(e) While undertaking the transportation by road / IWT the food grains are to be secured in

waterproof hatches/trucks by covering the same with good quality tarpaulins and fastening

with ropes.

(f) Internal movement of food grain bags using hand carts, trolley, head load etc. at the IWT

port areas, transhipment locations and such other places during the transit of cargo from

designated depots at ......................... to designated depots at ....................... shall be

performed by the bidder.

(g) All related, auxiliary and incidental work, use/supply of material etc. pertaining to the

satisfactory execution of the obligations under this contract shall be deemed to be included

and to be read and construed as a part of this contract, though not expressly provided for and

the bidder shall perform such work also at his cost.

(h) All documentation pertaining to the contract, statutory/non-statutory, customs, port

operations, RTO, Police, Local Authorities and documentation pertaining to all clearances for

smooth execution of the contract shall be done by the Bidder at his cost.

(i) The costs, charges, levies, taxes, duties, cess, fees, expenses, toll, protocol charges, Shed

charges, Wharfages/lighterage charges, Port/Custom overtime charges, Vessel overtime

charges, Crane charges, Barge charges, Berth Hire charges, IWT freight, Insurance charges,

demurrage etc. at the loading and unloading ports and all expenses and costs whether

statutory / non statutory, incurred in execution of this contract and incidental thereto shall be

borne by the bidder at his cost. However, Loading into the trucks at the designated depots at

................. and unloading from the trucks at the designated depots at …….…………. will be

performed by FCI at its cost through the labour engaged by FCI.

(ii) The Bidders must get themselves fully acquainted with the location of the depots at

…………….….. and ………………..... cargo handling (loading/unloading) facilities and also the

multimodal transport requirements for movement of food grains by road and by inland water

transport mode before submission of the tender. Before tendering, the Bidder must also get

acquainted with the conditions of waterway/Road route/port/Jetty to be used by him for

transportation of food grains. Once the tender is submitted, the Bidder will be deemed to

have fully acquainted himself with the route and he will not be entitled for any compensation

on account of road blockade, waterway depth restrictions, diversions etc. on the route. The

rates quoted by Bidders shall be deemed to have been done after such acquaintance and no

Bidder will be entitled to any compensation/damage arising out of any misapprehension in

this regard.

4. Volume of work

Transportation of approximately 3000 metric tons of bagged food grains from ……….………… to

…………….…. by multimodal transportation using road and inland waterways within a period of

three calendar months. The Contract, if any, which may, arise from this tender shall be

governed by the terms and conditions of the Contract as set out in this Bid Document.

5. Minimum eligibility criteria:

The Bidders shall possess the following minimum eligibility criteria to participate in this

Tender:-

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(i) Any Firm of Indian origin registered/incorporated in India. (Registration under sub-

section (3) of section 4 of the Multimodal Transportation of Goods Act, 1993 is

desirable).

(ii) Having control over at least 5 (five) Inland Barges/IWT Vessels, each having loading

capacity of at least 100 MT licensed to operate in the National waterways No. 2 with

valid survey certificate, possessing sea/river worthiness certificate, by way of

ownership/lease/ charter/ declaration from the owner of the vessel in favour of the

bidder indicating his willingness to provide the vessel to the Bidder for undertaking

this contract, if awarded.

(iii) Having control over at least 30 trucks each at ………….…… and ……………..…….. by way of

ownership/ lease/ declaration from the owner of the truck in favour of the bidder

indicating his willingness to provide the truck to the Bidder for undertaking this

contract, if awarded.

(iv) Experience in multimodal transportation of bagged/ bulk cargo through road & Inland

waterways and should have executed in the immediate preceding five financial years

work of value:-

(a) at least 25% of the estimated contract value in one single contract.

OR

(b) 50% of the estimated contract value in different contracts

Note: Attested Copies of the experience certificates as well as copies of the work

order/letter awarding of the contract issued by the client the organisations to be produced

indicating the date of award of contract, tenure of the contract, contract value, nature of

work executed, value of work executed contract wise, location of the project, date of

completion of the project, Numbers of Inland Barges/IWT Vessels deployed, details of

contract labour deployed etc.

6. Disqualifications:

i. Bidders who had been blacklisted/debarred by any Govt. Department/Public sector

undertaking shall be ineligible during the currency of such bar/blacklisting.

ii. Any bidder whose contracts with any Govt./ Public Sector Undertaking/any client had

been terminated during the last five years for any failure to perform the contractual

obligations shall be ineligible.

iii. Bidders whose Earnest Money Deposit and / or Security Deposit has been forfeited by

any Govt./ Public Sector Undertaking/any client during the last five years, shall be ineligible.

iv. If the Bidder Firm, its proprietor / any of the partners/ any of the Directors have been,

at any time convicted by a court for any offence and sentenced to imprisonment for a period

of three years or more, such Bidder shall be ineligible.

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v. A Hindu Undivided Family shall not be entitled to apply for tender in the capacity of

HUF. Any bids submitted in the capacity of Hindu Undivided Family (either as a proprietor or

partner of a firm) shall be summarily rejected.

vi. Any firm if blacklisted/debarred by Govt. of India to undertake any transportation

activities in National waterways at any time during last five years.

7. Place of Operation:

For the purpose of this contract the designated depots in …………….……… from where the

bagged food grains stocks will be issued and loaded to the trucks will be:-

1) _____________________

2) _____________________

and the designated depots where the bagged food grains stocks will be received in

……………..……….. will be:-

1) _____________________

2) _____________________

the designated port/jetty/riverghats in ………..………. from where the bagged food grains stocks

will be loaded to the Inland Barges/IWT Vessel will be:

1) _____________________

2) _____________________

the designated port/jetty/Riverghat in …………. where the bagged food grains stocks will be

unloaded from the Inland Barges/IWT Vessel will be:-

1) ..........

The bagged food grains stocks received at the IWT port/jetty/Riverghats at .......... will then be

loaded into trucks and transported by road to the designated depots of...........

Notwithstanding the above FCI reserves the right to change, alter, and vary at any time the

designated depots, port/jetty in ........../........../........... In such an event the contract shall

not be rendered void and Bidder shall be bound to perform all the services/obligations

and execute all the works as per terms and conditions and rates of the contract and he

shall not be entitled to make any claim whatsoever against the FCI for any

damages/compensation, revision of rates or otherwise due to increase/decrease in the

number of the godowns or change of location of designated godowns/port/jetty etc.

8. Signing of Bids

(i) Person(s) signing the bids shall state in what legal capacity he is, or they are signing the

bids, e.g., as sole proprietor of the firm, or as a Secretary / Manager / Director etc., of a

Limited Company. In case of Partnership firm, the names of all partners should be disclosed

and the bids shall be signed by all the partners or their duly constituted attorney, having

authority to bind all the partners in all matters pertaining to the contract. The attested copy

of the partnership deed should be furnished along with the tender. In case of companies, the

names of all the Directors shall be mentioned, and an attested copy of the Resolution passed

by the Company authorizing the person signing the tender to do so on behalf of the company

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shall be attached to the tender along with a copy of the Memorandum and Articles of

Association of the Company.

(ii) The person signing the bids, or any documents forming part of the tender, on behalf of

another, or on behalf of a firm shall be responsible to produce a proper power of attorney

duly executed in his favour, stating that he has authority to bind such other person, or the

firm, as the case may be, in all matters, pertaining to the Contract.

(iii) The Power of Attorney should be signed by all the partners in the case of a partnership

concern, by the proprietor in the case of proprietary concern, and by the person who by his

signature can bind the company in the case of a limited company.

(iv) If the person so signing the bids fails to produce necessary documentary proof of his

Authority as indicated above, his tender shall be summarily rejected without prejudice to any

other right of the Corporation under the law.

(v) The entire bid document and all its annexure and copies of the supporting documents

shall be signed on each page by the authorized signatory.

(vi) The person signing the tender or any other documents forming part of the tender, on

behalf of any other person or a Firm shall be deemed to warrant 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 at any stage it is found that the person concerned had no such authority FCI may,

without prejudice to other civil/criminal remedies, terminate the Contract and hold the

signatory & the Firm liable for all costs and damages.

(vii) Notice or any other action to be taken on behalf of FCI may be given/ taken by the

General Manager (Region) or any officer duly authorized and acting on his behalf.

9. Earnest Money

(i) Each tender must be accompanied by an Earnest Money@ 2% value of contract

amounting Rs……….. (Rupees…………………………………..) in the form of a D.D/Pay Order issued by

a Scheduled Bank or through Electronic Clearing System (ECS)/other electronic means in

favour of the GM(Region), FCI. Bids not accompanied by Earnest Money shall be summarily

rejected. The Bidders are permitted to bid on the express condition that in case he resiles, or

modifies his offer, or terms & conditions thereof, after submitting his bid for any reason

whatsoever during the tender process, the Earnest Money Deposited by him shall stand

forfeited without prejudice to any other rights and remedies of FCI against the bidder under

the contract and law and the Bidder shall be liable for any loss suffered by FCI on account of

such withdrawal/modification etc. and the bidder will also be debarred from participating in

any other Tender Enquiry with FCI for a period of five years.

(ii) The Earnest Money without interest will be returned to all unsuccessful Bidders with

in a period of 30 days from the date of issue of the acceptance letter and to a successful

bidder, after he has furnished the Security Deposit, if he does not desire the same to be

adjusted towards the Security Deposit. However in case, the tender is disqualified during

technical evaluation, the Earnest Money will be refunded without interest within 15 days of

technical disqualification of the bidder. No interest shall be payable on Earnest Money, in any

case.

10. Security Deposit

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(i) The successful Tenderer shall furnish, within fifteen working days of acceptance of

his tender, a Security Deposit for the due performance of his obligations under the

contract. The Security Deposit shall consist of:

(a) A sum equivalent to 5% of the value of the Contract in the form of demand draft or Pay

Order issued by a scheduled bank or through Electronic Clearing System (ECS)/other

electronic means in favour of the General Manager, Food Corporation of India;

and

(b) Another sum equivalent to 10% of the value of contract, in the form of an irrevocable

and unconditional Bank Guarantee issued by State Bank of India & Its Associate

Banks/other Public Sector Banks in the format prescribed which shall be enforceable till

six months after the expiry of the contract period.

(ii) The Security Deposit furnished by the bidder will be subject to the terms and

conditions given in the Annexure and FCI will not be liable for payment of any interest on

the Security Deposit.

(iii) In the event of the bidder’s failure, after the communication of acceptance of the

tender by FCI, to furnish the requisite Security Deposit by the due date, his Contract shall

be summarily terminated besides forfeiture of the Earnest Money and FCI shall proceed

for appointment of another Bidder. Any losses or damages arising out of and incurred by

FCI by such conduct of the Bidder will be recovered from the bidder, without prejudice to

any other rights and remedies of FCI under the Contract and Law. The bidder will also be

debarred from participating in any future tenders of FCI for a period of five years. After

the completion of prescribed period of five years, the party may be allowed to participate

in the future tenders of FCI provided all the recoveries / dues have been effected by FCI

and there is no dispute pending with the Bidder/party.

(iv) If the successful bidder had previously held any contract and furnished security

deposit with FCI, the same shall not be adjusted against this bid and a fresh security

deposit will be required to be furnished.

11. Clarifications & Amendments to Tender documents

FCI may at any time prior to the due date of the bid and for any reason, whether at its

own initiative or in response to any clarification sought by any bidder, modify the tender

document by way of one or more addendum. Any addendum thus issued will be posted on

the website of the corporation (www.fciweb.nic.in) and such addenda will be binding on all.

In order to afford the prospective bidders to take into account the addendum or for any other

reasons, FCI may, at its discretion extend the due date for the proposal.

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12. Submission of Bids

(a) The bids shall be submitted in two parts, viz., technical bid and price bid.

(b) The original copy of the Technical bid (PART – A) along with the documents required under

the technical bid is to be kept in one sealed envelope superscribed ‘A’ – Technical Bid and the

price bid(PART-B) will be kept in another sealed envelope superscribed ‘B’- Price Bid. Both

the bids then will be kept in another sealed envelope superscribing “Tender No........ for .......”

and addressed to the General Manager __________, Food Corporation of India, __________

with the name and address of the Bidder.

(c) The envelope containing the Technical Bid shall include the following:

(i) Technical bid document along with all its Annexures (Part – A) serially numbered, duly

signed, on each page by the bidder.

(ii) Demand draft towards Earnest Money Deposit.

(iii) Demand draft towards Cost of the Bid document.

(iv) List of Documents attached, as per format Annexure – V duly signed by the bidder.

(d) Bids which do not comply with these instructions shall be summarily rejected.

(e) Outstation Bidders may send their bids by Registered Post.

(f) The bid document shall be filled in by the bidder without any overwriting, clearly,

neatly and accurately. Any erasures or corrections should be duly initialled by the

authorised signatory.

(g) The bidders should not incorporate any condition in the tenders as conditional

tenders will be summarily rejected.

(h) It should be clearly understood by the bidder that no opportunity shall be given to

them to alter, modify or with-draw any offer at any stage after submission of the bids.

13. Opening of tenders

The Technical Bid will be opened in the office of the General Manager, Food Corporation of

India, ………… at the fixed time and the date indicated in the NIT. The bidders will be at liberty

to be present either in person or through an authorized representative at the time of opening

of the Technical Bid. Price Bids of only those technically qualified bidders will be opened at

the time and place of which notice will be given and the technically qualified bidders will be at

liberty to be present either in person or through an authorized representative at the time of

opening of the Price Bids.

14. Award of contract

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The contract will be awarded to the lowest successful bidder by way communication of

acceptance letter by FCI by Regd. Post/AD or through e-mail to the bidder which shall be

binding on the bidder.

15. Corrupt practices

i. Any bribe, commission, or advantage offered or promised by or on behalf of the

bidder to any officer or official of FCI shall (in addition to any criminal liability which the bidder

may incur) debar his tender from being considered. Canvassing on the part of, or on behalf of

the bidder in any manner will also make his bid liable to rejection.

ii. FCI reserves the right to reject any or all the bids without assigning any reason. The

successful bidder will be intimated of the acceptance of his bid by a Regd. post/Fax/e-mail.

iii. In case of any clear indication of cartelization, FCI shall reject the bidder(s), and forfeit

the EMD furnished by such bidders.

iv. Late bids i.e. bids received after the specified date and time for receipt of bids will not

be considered.

v. If the information given by the bidders in the bid Document and its Annexures is

found to be false / incorrect at any stage, FCI shall have the right to disqualify / summarily

terminate the contract, without prejudice to any other rights that the FCI have against the

bidder under this Contract and law.

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16. Book Examination

The Bidder shall, whenever required, produce or cause to be produced for examination by the

General Manager, FCI or any other officer authorized by him in this behalf, any cost or other

accounts books, account vouchers, receipts, letters, memoranda or writing, or any copy of, or

extract from, any such document, and also furnish information and returns, verified in such

manner as may be required, relating to the execution of this Contract. The decision of the

General Manager, FCI on the question of relevancy of any document, information or return

shall be final and binding on the Bidder. The Bidder shall produce the required documents,

information and returns at such time and place as may be directed by the General Manager,

FCI.

General Manager (R)

Food Corporation of India

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TERMS AND CONDITIONS GOVERNING THE MULTIMODAL TRANSPORT CONTRACT

1. Definitions

(i) The term ‘Bidder’ ‘Bidders’ wherever they occur shall mean and include the Bidder

Firm with whom the contract has been placed including their heirs, executors, administrators

and successors, associates as the case may be.

(ii) The term ‘Carrier’ means the Contractor/Bidder whose bid has been accepted by the

FCI for transporting for hire goods by road, and inland, waterways or sea;

(iii) The term ‘consigner’ and ‘Consignee’ means the Food Corporation of India.

(iv) The term ‘Consignment’ means the food grains entrusted to a multimodal transport

operator for multimodal transportation

(v) The term ‘Contract’ shall mean the bid (offer) submitted by the bidder in the

prescribed bid document along with NIT and all its Annexures & requisite documents along

with the acceptance of the bid communicated by FCI for the multimodal transportation of

goods.

(vi) The term ‘Contract Rates’ shall mean the rates accepted by the General Manager, for

and on behalf of the Food Corporation of India, inclusive of all statutory levies, taxes fee, toll,

but excluding service tax.

(vii) The term ‘Delivery’ means - Delivery at FCI Godowns at .........., or such other place as

directed by FCI

(viii) The term ‘FCI’, wherever they occur, shall mean the Food Corporation of India

established under the Food Corporations Act, 1964, and will include its Managing

Director/Secretary, and its successor(s).

(ix) The term ‘General Manager’ shall mean General Manager of Food Corporation of

India under whose administrative jurisdiction the designated Depots to which the contract

relates fall and also include any other officer of the FCI duly authorized in this behalf for the

time being.

(x) The term ‘Godowns’ shall mean the Depots/Godowns/Mandis /PDCs designated by

FCI for the purpose of this contract and belonging to/hired or in occupation/ control of FCI at

any time and shall also mean and include open platform/plinth built or constructed for

storage of Food grains inside or outside the owned/hired depot premises.

(xi) The term ‘Goods’ means – “Bagged food grains”

(xii) The term ‘Food grains’ shall mean and include any item of food grains & its products,

Coarse grains, Sugar, ground nut, fertiliser etc.

(xiii) The term ‘Multimodal Transportation’ means carriage of goods by road and inland

waterways in India from FCI godowns in .............. to FCI godowns in .........., .......... through

road and inland waterways in India;

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(xiv) The term ‘Multi-modal Transport Contract’ means a contract entered into by the FCI

and the multimodal transport operator for multimodal transportation of goods.

(xv) The term "Multimodal transport Operator” means any persons who:-

(a) concludes a multi-modal transport contract on his own behalf or through another

person acting on his behalf;

b) acts as a principal not as an agent either of the consignor or of the carrier participating

in the multi-modal transportation, and who assumes responsibility for the performance of the

said contract.

(xvi) The term ‘Services’ means performance of any of the items of work enumerated in

the tender document and/or related, auxiliary and incidental as may be indicated by the

General Manager – FCI or an Officer acting on his behalf.

(xvii) The term ‘Trucks’ wherever mentioned shall mean mechanically driven vehicle such as

Lorries etc., and shall exclude animal driven vehicles.

(xviii) The term ‘Vessel’ ‘IWT Vessel” wherever mentioned means the watercrafts which are

registered under Inland Vessels Act, 1917, as amended from time to time in case of Indian

Vessels.

2. Parties to the Contract

The parties to the Contract are Food Corporation of India represented by the General

Manager (Region) and/or any other person authorized and acting on his behalf and the

successful Bidder who has been awarded this contract.

3. Constitution of bidders

(a) Bidders shall, in the tender, indicate whether they are Registered Sole Proprietary

Concern or Registered Partnership Firm or a Private Limited Company, or a Public Limited

Company and indicate the names of all the partners or Directors of the Company, as

applicable in the bid document. The bidder shall also nominate and authorise a person for the

active management and control of the work relating to the contract and to continuously liaise

with FCI during the tenure of the Contract. The person so nominated shall be deemed to have

full authority from the Bidder in respect of the Contract and his acts shall be binding on the

Bidder.

(b) If the Bidder is a partnership firm, there shall not be any re-constitution of the

partnership without the prior written consent of FCI till the satisfactory completion of the

Contract, failing which the Contract shall be liable for termination treating it as breach of

Contract by the Bidder with consequences flowing therefore.

(c) The Bidder shall notify to FCI the death/resignation of any of their partners/directors

immediately on the occurrence of such an event. On receipt of such notice, FCI may terminate

the Contract at its discretion considering the circumstances.

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4. Subletting

The Bidder shall not sublet, transfer, or assign the Contract, or any part thereof. However,

Bidder may involve/ associate/charter other agencies for manpower, trucks, vessels

/watercrafts/barges etc. but shall remain fully responsible and accountable for any acts of his

associates.

5. Relationship with third parties

All transactions between the Bidder and third parties shall be carried out as between two

principals without reference to FCI in any event. The Bidder shall also undertake to make

third parties fully aware of the aforesaid position.

6. Liability for Personnel

(a) All persons employed by the Bidder shall be engaged by him as his own

employees/workers in all respects and all rights and liabilities under the Indian Factories Act,

the Employees Compensation Act, Employees Provident Fund & Miscellaneous Provisions Act

(EPF & MP Act), Industrial Disputes Act, Contract Labour (R&A) Act and under all other

applicable enactments in India in respect of all such personnel shall exclusively be that of the

Bidder. The Bidder shall be bound to indemnify FCI against all the claims whatsoever in

respect of his personnel under the Employees Compensation Act, 1923 or any statutory

modification thereof or otherwise for or in respect of any damage or compensation payable in

consequence of any accident or injury sustained by any workmen or other person whether in

employment of the Bidder or not.

(b) (i) The Bidder shall be liable for making contributions in accordance with the provisions of

the EPF & MP Act, and the scheme framed there-under in respect of the labour employed by

him. The Bidder shall recover the amount payable by such employees and pay to FCI i.e. the

Principal employer under the said Act, the amount of member’s contribution together with an

equal amount of his contribution. If, on account of the default of the Bidder in

making/depositing such payments or for any other reason, FCI makes such contributions on

behalf of the Bidder, the FCI shall be entitled to set off against the amount due to the bidder,

the contributions made by it on account of his default in making payments or otherwise in

respect of the labour employed by the Bidder.

(ii) The Bidder shall maintain and submit the following Records & Returns prescribed under

the EPF Act - 1952 and the Scheme framed there under to the Authority designated under the

said Act and to the General Manager, Food Corporation of India or any officer acting on his

behalf :-

20

Form -2 Nomination & Declaration Forms to be submitted for new entrants.

Form – 3 The Contribution Card for the currency period – Annually.

Form – 3A Contribution Card for the currency period from 1st April to 31st March –

Annually.

Form – 4 Contribution Card for Employees other than monthly paid Employees –

Annually.

Form – 5 Return of Employees qualifying for the Membership.

Form – 5A Return of Ownership to be sent to the Regional Commissioner.

Form – 6 Return of the Contribution Card and Annual Statement of Contribution.

Form - 6A Consolidated Annual Contribution Statement.

Form – 10 Form of Maintenance of Accounts.

Form – 11 Balance Sheet

Form – 12A Statement of Contribution – Monthly.

(iii) The Bidder shall, within 7 days of the close of every month, submit to the Principal

Employer (FCI), a Statement showing the recoveries of Contribution in respect of Employees

employed by or through him and shall have to furnish to him such information as the Principal

Employer (FCI) is required to furnish under the provisions of Employees Provident Fund

Scheme 1952 to the Commissioner.

(iv) The Bidder shall maintain Inspection Note Book in the form as may be specified by the

Commissioner, for an Inspector to record his observations on his visit. The Bidder shall also

make available the same when asked for inspection to the Officers of the Regional Provident

Fund Commissioner and to the General Manager, Food Corporation of India or Officer

authorized by him or acting on his behalf.

(c) If the Bidder fails to submit the prescribed Returns, Records and other documents to the

designated authority under the EPF Act and Scheme framed there under and also to General

Manager, FCI or an Officer acting on his behalf, FCI will be at liberty to withhold the pending

bills, Security Deposit etc., and or any other payments due to the Bidder.

(d) In complying with the said enactments or any statutory modifications thereof, the Bidder

shall also comply with or cause to be complied with the labour regulations enactments made

by the State Govt./Central Govt. from time to time in regard to payment of wages to the

workers, wage period, deduction from wages, recovery of wages not paid and deductions

unauthorizedly made, maintenance of wage book and wage slip, publication of the scale of

wages and other terms of employment, inspection and submission of periodical returns and

all other matters of like nature.

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(e) Notwithstanding the fact whether the said legislations, enactments or any statutory

modifications thereof, are applicable or not to the employees/workers employed by the

Bidder he shall comply with the following:-

(i) Payment of Wages to Workers:-

The bidder shall pay not less than minimum wages to the workers engaged by them as

notified by the Appropriate Authority from time to time during the currency of contract

period. Where such wages have not been so notified by the appropriate authority, the wages

prescribed by the General Manager (R), as minimum wage shall be made applicable. The

Bidder shall maintain following records and registers as per Minimum Wages Act, 1948 &

Central Rules made there under:

Form – I Register of fines.

Form – II Register of deduction for damage or loss caused to employer by the neglect

or default of the employed person.

Form – III Annual return.

Form – IV O.T. Register for workers

Form – V Muster Roll

Form IX A Abstract of the Minimum Wages Act, 1948 & Central Rules to be displayed

on Notice Board.

Form XI Wage slips should be issued to the Contract Labour in a day prior to

disbursement of wages.

The Bidder shall pay equal wages to women labour at par with men for similar nature

of work.

(ii) Weekly off:-

The Bidder shall allow or cause to be allowed to the workers directly or indirectly employed in

the work one day’s rest for six days continuous work and pay wages at the same rate as for

duty.

(iii) Attendance Allowance:-

The Bidder shall pay attendance allowance per day @ 50% of the daily wages notified by the

Ministry of Labour under the Minimum Wages Act from time to time to the regular workers

generally employed by him on piece rate or time rate basis when such worker report for duty

on the day but is not booked or given work for the day shift. Aforesaid wage / benefits at

Clause (vi) (e) (i) to (iii) shall be deemed to be a part of this contract and contravention thereof

shall be deemed to be a breach of this contract. The General Manager shall have the right to

deduct any sum due to the bidder required for making good the loss suffered by a worker or

workers by reasons of non-fulfillment of the condition of the contract for the benefit of

workers, non-payment of wages, or of deductions made from his or their wages which are not

justified or non observation of any of the Regulations/Enactments.

22

(f) Welfare and Health of Contract Labour:

Duties and responsibilities of the Bidder:- The Bidder shall comply with the provisions as

regards canteen/rest room, latrine, urinal, washing facilities, first aid facilities etc as contained

in the Contract Labour (Regulation & Abolition) Act 1970 and other applicable laws as

amended from time to time :

(i) Where contract labour is required to halt at night and work is likely to continue for three

months, a rest room is to be provided by the Bidder within 15 days.

(ii) Where 100 or more Contract Labour is likely to continue work for six months, the Bidder

should provide a Canteen within 60 days of employing labour.

(iii) Sufficient supply of drinking water at convenient places to be provided.

(iv) Sufficient number of latrines and urinals to be provided.

(v) Adequate and suitable washing, bathing places separately for men and women, shall be

provided by the Bidder.

(vi) First Aid Box (one box for 150 Contract Labour) to be provided in working hours.

(g) (i) Every Bidder whose bid is accepted by FCI shall immediately apply for license to the

prescribed licensing authority through the FCI (principal employer) in terms of Section 12 of

the Contract Labour (R&A) Act, 1970 before entering into any work under the contract. The

Bidder shall also obtain temporary licenses whenever required under Rule 32 of the relevant

Rules in cases where he intends to employ more labour in number than that mentioned in the

regular license for short durations not exceeding 15 days. The Bidder shall also make an

application in Form VII through the principal employer (FCI) for renewal of the expiry of the

regular license as the regular License should be valid for 12 months. The Bidder shall also get

the temporary license renewed whenever necessary through the Principal Employer. If for

any reason, the application for a license is finally rejected by the licensing/appellate authority,

the contract shall be liable to be terminated at the risk and cost of the Bidder and the decision

of the General Manager in this behalf shall be final and binding on the Bidder. Every Bidder

shall also abide by all the provisions of the Contract Labour (R&A) Act, 1970 and the Rules

framed there-under:

(ii) As per Rule 25(2) (VIII), every Bidder shall file a return intimating commencement/

completion of contract work within 15 days to the inspector in Form VI A.

(iii) As per Rule 75, the Bidder shall maintain a Register of workmen Employed in Form – XIII

and he shall also display hours of work, nature of duty etc.

(iv) Employment Card shall be given by Bidder in Form XIV to each worker within 3 days of

employment as per Rule 76.

(v) Every Bidder shall issue a Service Certificate in Form – XV to the workman on termination

of his services as per Rule 77.

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(vi) As per Rule 82(1), every Bidder shall submit half yearly returns in duplicate in Form-XXIV to

Licensing Officer within 30 days from the close of half year.

(vii) Notice to be displayed as required under Rule 81(1) and copy of notice to be sent to

Inspector as per Rule 81(2).

(viii) The Bidder shall also maintain following records / registers also:

(a) Muster Roll in Form –XVI.

(b) Register for deduction for damage, loss in Form XX as per Rule 78(1) (a) (ii).

(c) Register of Fines in Form- XXI.

(d) Register of Advances in Form – XXII.

(h) The Bidder shall comply with the provisions under the Interstate Migrant Workmen

(Regulation of Employment and Conditions of Service) Act, 1979 if applicable to the labour

engaged under the contract.

(i) The provisions indicated above are not comprehensive; the Bidder shall ensure compliance

of all statutory/mandatory provisions under all the applicable laws, Rules & Regulations made

by the State Govt./Central Govt. from time to time pertaining to the contract, including all

labour laws.

(j) If as a result of the Bidder’s failure to provide any of the statutory benefits under any

labour welfare enactments, the liability falls on FCI , such amounts incurred by FCI will be

recovered from the Bidder without prejudice to the right of FCI such other legal recourse

against the Bidder including termination of the contract.

9. Compliance of Laws

Bidder shall comply with all applicable Rules and Regulations /Enactments /Orders /

Instructions prevailing in the territory of India as amended from time to time pertaining to the

Contract.

10. Bribe, Commission, Gift etc.

Any Act of bribe, gift or advantage, given, promised or offered, by or on behalf of the Bidder,

or any of their partners/Directors/Agents or officials, or any person on his or her behalf to any

officer, officials, representative or agent of FCI, or any person on his or their behalf, for

showing any favour or forbearing to show any disfavour to any person in relation to the

Contract, shall make this Contract or any other Contract with FCI liable for termination and

the Bidder shall be liable to reimburse FCI of any loss or damage resulting from such

cancellation.

11. Period of Contract

(i) The Contract shall remain in force for a period of three calendar months from the date

of acceptance letter or such later date as may be decided by GM(R), FCI, on the same terms &

conditions.

(ii) The General Manager reserves the right to terminate the Contract at any time during

its currency without assigning any reasons thereof by giving Thirty Days’ Notice in writing to

the Bidder at the notified address and the Bidders shall not be entitled to any compensation

by reason of such termination. The action of the General Manager (Region) under this Clause

shall be final, conclusive and binding on the Bidder.

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12. Weighment, Counting & Physical examination

(a) At the designated depots at ................., FCI will resort to cent percent weighment and

counting of food grain bags (consignments) in the presence of the authorized representatives

of the Bidder who will also sign in acknowledgement of the weight and number of food grains

bags entrusted to him. This process will be repeated at the destination in the designated

depots/PDCs in .................. (……….........) while receiving the cargo from the Bidder which will

also be duly acknowledged by the authorised representative of the Bidder. The Bidder shall

be responsible to deliver the consignee the equivalent weight and number of food grains bags

entrusted to him at the designated Depots in ........... Any operational gain noticed by way of

moisture absorption during voyage, the advantage thereof will be solely to the benefit of FCI

and the Bidder has no right whatsoever any claim in this regard.

(b) FCI will also undertake the physical examination of the consignments received at the

destination in the presence of the authorized representatives of the Bidder. If any

shortages/damages are found except when the General Manager (whose decision shall be

final) decides that the difference between the weights taken at the despatching and receiving

ends are negligible and is due to discrepancies between the scales, gain/loss due to moisture

or other causes beyond the Bidder’s control, the Bidder shall be responsible for such

loss/damage and FCI shall recover the same from the Bidder and in accordance with the

provisions under this contract.

13. Security Deposit

(i) The Security Deposit furnished by the successful Bidder as per clause 10 of Instructions

to Bidders above will be subject to the terms and conditions of this contract. In case the

Bidder violates any of the terms of the contract or fails to perform the obligations under the

contract it shall be lawful for FCI to terminate the contract at the risk and cost of such Bidder

and to forfeit the Security Deposit or any part thereof for recovery of all losses, damages,

costs and expenses which may be incurred by FCI consequent to such termination and / or in

completing the transportation of the Food grain stocks at the risk & cost of the Bidder. FCI

may also effect recovery from any other sums then due to the Bidder or which at any time

thereafter may become due under this or any other contract with FCI and should this sum also

be not sufficient to cover the full amounts recoverable, the Bidder shall pay FCI on demand

the entire remaining balance due. The decision of the General Manager --- FCI in respect of

such losses, damages, charges, costs and expenses shall be final and binding on the Bidder.

(ii) The Security Deposit will be refunded to the Bidder on due and satisfactory

performance of the services and on completion of all obligations by the Bidder under the

terms of the Contract, and on submission of a ‘No Dues Certificate’, subject to such deduction

from the security as may be necessary for recovering FCI’s claims against the Bidder. FCI will

not be liable for payment of any interest on the Security Deposit.

(iii) Whenever the Security Deposit falls short of the specified amount, the Bidders shall,

make good the deficit so that the total amount of Security Deposit shall not at any time be

less than specified amount.

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14. Liability of Bidder for losses suffered by FCI

(a) The Bidder shall be liable for all costs, damages, compensation, fees, charges, levies, and

expenses suffered or incurred by FCI due to the Bidder’s or his employees negligence and/or

unworkman like performance of any services under this Contract, or breach of any terms of

the Contract, or failure to carry out any of the obligations under the Contract. The decision of

the General Manager(R) , FCI regarding such failure of the Bidder and their liability for the

losses, etc. suffered by FCI, and quantum of such losses, shall be final and binding on the

Contactor and FCI is entitled to recover all such losses from the Bidder.

(b) Without prejudice to generality of the foregoing and subject to force majeure , the parties

to this contract treat time as the essence of this contract and it is a further condition of the

Contract that in the event of failure of the Bidder to complete the transportation of

contracted quantity of 3000 MT of food grains from the designated depots at .......... to the

designated depots at ............. within the stipulated time, the Bidder will be liable to pay FCI

Liquidated Damages @ Rs. 100/- (One hundred) per ton per day on the balance quantity

which the parties to the contract having agreed to as reasonable pre-estimate of the losses to

FCI arising on account of such failure.

(c) The Bidder shall provide sufficient number of tarpaulins for each truck and Inland

Barges/IWT Vessel to cover the bags of food grains etc. and take reasonable precautions to

avoid wetting/damage/loss to food grains during the transport. In the event of deficiency in

service by Bidder in not providing the tarpaulins for spreading on the decks of trucks /IWT

Vessels for covering the consignment after loading, the Bidder will be liable to pay FCI

Liquidated Damages @ Rs. 100/- (One hundred) per ton per day which the parties to the

contract having agreed to as reasonable pre-estimate of the losses to FCI arising on account of

such failure, without prejudice to any other right or remedies under the contract and law.

(d) Without prejudice to the rights of FCI under sub-clauses (a), (b) & (c) of this Clause, it is a

further condition of the Contract that in respect of any shortage, wastage, loss or damages to

the goods in transit, the Bidder is liable to pay to FCI Liquidated Damages at twice the average

acquisition cost of FCI of the commodity transported, as applicable from time to time, for all

food grain and commodities other than sugar, and thrice the average acquisition cost as

applicable from time to time in respect of sugar, except when the General Manager (whose

decision shall be final) decides that the difference between the weights taken at the

dispatching and receiving ends is negligible and is due to discrepancies between the scales,

gain on loss in moisture, or other causes beyond the Bidder’s control. The parties to the

Contract have agreed that the amount of Liquidated Damages specified above represents a

genuine estimate of the loss likely to be caused to FCI by the shortage, wastage, loss or

damage to the goods in transit. Such recovery of Liquidated Damages shall be effected

without prejudice to the right of FCI to initiate civil/criminal proceedings against the

defaulting Bidders wherever it is suspected that the shortage/losses occurred due to

deliberate/willful omission, theft, misappropriation, irregularities etc. committed by the

Bidders or their representatives/ employees.

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15. Force Majeure

(a) If either party is prevented, hindered or delayed from or in performing any of the

obligations under the Contract by an event of Force Majeure, then it shall notify the other in

writing of the occurrence of such event and the circumstances there of within 14 (fourteen)

days after the occurrence of such event.

(b) The party who has given such notice shall be excused from the performance or

punctual performance of its obligation under the Contract for so long as the relevant event of

Force Majeure continues and to the extent that such party’s performance is prevented,

hindered or delayed. The Time for completion shall be extended by a reasonable time.

(c) The party or parties affected by the event of Force Majeure shall use reasonable

efforts to mitigate the effect there of upon its or their performance of the contract and to

fulfil its or their obligations under the contract, but without prejudice to either parties’ right to

terminate the Contract.

(d) If the performance of the Contract is substantially prevented, hindered or delayed for

a single period of more than 60 (sixty) days or an aggregate period of more than 120 (one

hundred and twenty) days on account of one or more events of Force Majeure during

currency of the Contract, the parties will attempt to develop a mutually satisfactory solution.

16. Summary termination of the Contact & Recovery of losses suffered by FCI.

(a) In the event of the Bidders having been adjudged as insolvent or going into liquidation

or winding up their business or making arrangement with their creditors or failing to observe

any of the provisions, obligations, terms and conditions governing the contract, the General

Manager, FCI shall be at liberty to terminate the contract forthwith and to realize from the

Bidders all resultant losses, damages, costs incurred without prejudice to any other rights or

remedies under the contract and law and to get the work done for the unexpired period of

the contract at the risk and cost of the Bidders.

(b) The General Manager, FCI shall also have, without prejudice to other rights and

remedies, the right in the event of breach by the Bidder of any of the terms and conditions of

the contract, to terminate the contract forthwith and to get work done for the unexpired

period of the contract at the risk and cost of the Bidders and to forfeit the Security Deposit or

any part thereof for recovery of all losses, damages, costs and expenses which may be

incurred by FCI consequent to such termination and / or in completing the transportation of

the Food grain stocks at the risk & cost of the Bidder. FCI may also effect recovery from any

other sums then due to the Bidder or which at any time thereafter may become due under

this or any other contract with FCI and should this sum also be not sufficient to cover the full

amounts recoverable, the Bidder shall pay FCI on demand the entire remaining balance due.

(c) The Bidders shall be responsible to engage adequate and sufficient labour/IWT

vessels/trucks and any other transport vehicles for loading/unloading transport and carrying

out all the services under the contract in accordance with the instructions issued by the

General Manager ( R) ,FCI or an officer acting on his behalf. The Bidder may engage

stevedoring, if applicable for carrying out the operations at the port. If the Bidders fail to

27

engage the requisite number of labour & IWT vessels & trucks the General Manager---FCI shall

at his sole discretion, without terminating the contract be at liberty to make alternate

arrangements to engage labour/IWT vessels/trucks etc. at the risk and cost of the Bidders,

who shall be liable to make good to FCI all additional charges, expenses, costs, damages or

losses that FCI may incur or suffer. The Bidders shall not, however, be entitled to any gain

resulting from entrustment of the work to any other party. The decision of the General

Manager ( R ), FCI in this regard shall be final and binding on the Bidders.

17. Governing Laws and Jurisdiction

This Contract shall be governed by the Laws of India for the time being in force. The courts at

Guwahati shall have exclusive jurisdiction for settlement of any dispute arising out of

execution of this contract.

18. Overrun Compensation

No overrun compensation is payable even in case the project is delayed beyond the reasons

attributable to Bidder.

19. Taxes and Duties:

(i) TDS under Income Tax shall be deducted at prevailing rates on gross invoice value from the

bills of the Bidder.

(ii) All applicable taxes (except Service Tax including Educational Cess and other cess, if any),

charges, royalties, duties, Octroi, any state or central levy and other taxes for materials

obtained for the work and for the execution of the contract shall be borne by the Bidder. The

Bidder shall also be responsible for payment of protocol charges as applicable. The Quoted

rates in the price bid of the bidder shall be inclusive of all such requirements.

20. Payment

Payment will be made by the General Manager, FCI on submission of bills, in triplicate, duly

supported by consignee receipts. The Bidder should submit all the bills not later than 2

months from the date of expiry of the Contract so that the refund of the Security Deposit may

be speeded up. In order to facilitate early disposal of bills the Bidder is advised to submit bills

weekly/fortnightly.

21. Rates

The quoted rates shall remain firm throughout the tenure of the contract and no revision is

permissible for any reason, including on account of revision of statutory / Govt.

levies/charges, protocol rates, taxes, duties, increase in the price fuel etc. All rates shall be

quoted in Indian Rupees any exchange rate risk shall be borne by the Bidder.

22. Set–off

Any sum of money due and payable to the Bidder (including Security Deposit refundable to

the Bidder) under this Contract may be appropriated by FCI and set off against any claim of FCI

for the payment of any sum of money arising out of, or under this contract or any other

Contract made by the Bidder with FCI.

23. Certificate of Completion

28

The work under the contract shall be deemed to have been completed in all respects only

when so certified by FCI. The decision of FCI in this regard shall be final and binding on the

Bidder.

24. Responsibilities of the Bidder

1. Act with Reasonable Diligence: The Bidder shall always be bound to act with

reasonable diligence and prudence while executing the obligations under the

contract.

2. Charting the Movement Plan: The Bidder shall be responsible for charting the

movement plan in advance in consultation with General Manager ---- FCI or an

officer acting on his behalf.

3. Programme of Loading and Transportation: The Bidder shall obtain daily from the

General Manager FCI or any officer acting on his behalf the programme of loading/

transportation of food grains for the next date/day and the particulars of the

number of bags of food grains etc; required to be transported, the place where the

trucks should report for loading etc. and shall provide adequate number of

lorries/trucks and Inland Barges/IWT Vessels in good and hygienic condition in

accordance with the programme and shall ensure that the lorries/ trucks etc. are

positioned at the defined loading points as indicated by the General Manager FCI or

any officer acting on his behalf, daily at the time specified.

4. Arranging Transportation within Short Notice: In special cases the Bidder may also

be required at short notice to arrange to transport bags of food grain, sugar etc. and

shall bound to comply with such requests.

5. Nominating Representative: The Bidder shall intimate the General Manager, FCI

and/or Officers authorized to act on his behalf, the name of one or more

responsible representative(s) authorized to act on his behalf in day to day working

of the contract and produce power of attorney to the said effect. It shall be the

duty of those representative(s) to call at the office of the General Manager, FCI or

an officer acting on his behalf, every day and generally to remain in touch, with

them, to obtain information about the programme of arrivals and dispatches and to

report the progress of loading/unloading/transportation and to take instructions in

the matter.

6. Route survey report: The bidder shall submit the route survey report which shall

include the constraints and time-bound action plan for corrective actions to be

taken by the bidder for resolution of those constraints towards transportation en-

route, including total blue print for logistics operation and simulation of

transportation from designated godowns at .......... to designated godowns at ...........

7. Schedule of IWT Vessels/Inland Barges: The Bidder shall firm-up Inland Barges/IWT

Vessel sailing schedule for transportation of food grains after carrying out necessary

verification of historical data related to water availability / draft etc. in the rivers, in

consultation with appropriate governmental / non-governmental agencies and

submit such schedule to General Manager, FCI or any other officer acting on his

behalf for finalising the charter of transportation of food grains.

8. Familiarity with Traffic, Congestion Etc.: The Bidder shall be conversant with all

29

traffic systems, regulatory measures, congestions, diversions etc both in land and

waterways.

9. Deployment of Adequate trucks, IWT Vessels /Inland Barges and Labour: The

Bidder shall be responsible for deploying adequate and sufficient number of trucks,

IWT vessels and experienced/ skilled labour, stevedoring agents, if applicable, at the

designated depots/port/jetty/transshipment points at .........., .........., .......... and

such other places as required for loading, unloading, stacking & transportation of

food grains, cleaning the deck of truck/Inland Barges/IWT Vessel where food grains

are loaded and such other auxiliary and incidental works sufficient for carrying out

all services under the Contract in consultation with the General Manager ( R ), FCI or

an officer acting on his behalf.

10. Information on Trucks and Inland Barges /IWT Vessels: The Bidder shall furnish the

copies of the registration certificates and other description of the Trucks/ IWT

Vessels/ Inland Barges used for transportation of food grains so as to facilitate

checking of the same by the officers/officials of FCI.

11. Documentation: The Bidder after the completion of the loading shall issue a signed

Multimodal Transport Document in the form as appended in Annexure V.

12. Transportation by Trucks and Inland Barges /IWT Vessels: The Bidder shall

transport by trucks/IWT vessels /Inland Barges to be arranged by him such quantity

of food grains etc; as may be required day to day by the General Manager( R), FCI or

an Officer acting on his behalf.

13. Transportation through Road and Inland Waterways: The Bidder shall transport the

food grains by road taking the trucks to Inland Water Transport (IWT) Ports/

Riverghats at .......... where the food grains are unloaded and then loaded directly to

the IWT vessels/ Inland Barges or stacked at the port through the labour engaged by

the Bidder. At the IWT ports/Riverghats, if need be, the Bidder will associate

stevedoring agents.

14. Quantity to be Transported subject to Revision: The quantity mentioned in any

programme of loading given by the General Manager FCI or any other officer acting

or his behalf is liable to be varied at any time by FCI and in that event the Bidder

shall accordingly revise the number trucks required for transportation of the

quantity shown in the revised programme of loading, so also the Bidder shall vary

the number of IWT Vessels/Inland Barges and handling labour as per the revised

programme. The Bidder will not be entitled to any damages/compensation

whatsoever for not entrusting him with the quantity of work specified in any

programme of loading issued to him.

30

LOADING

15. Placing Trucks at FCI Depots: The Bidder shall place his trucks at FCI designated

depots at .......... to enable FCI to load food grain bags to the trucks with the help of

its labour.

16. Weighment: The weight of the bags of food grains etc. loaded/unloaded into/from

trucks / IWT Vessels or any other vehicle shall be worked out on the basis of cent

percent weighment. The representative of the Bidder shall be present at the time

of checking of the weights at the loading/unloading points etc. The General

Manager, FCI will be the sole Authority for determining the quantum of loss which

shall be binding on the Bidder.

17. Loading to be done as per the Regulations: The loading of the food grain stocks will

be restricted to the rated axle load of the commercial vehicles prescribed under the

Motor Vehicles Act and Rules of India as applicable and as amended from time to

time and the Bidder shall strictly abide by such rules in regard to loading of vehicles.

If any penalty is imposed by any authority or any action is taken for overloading the

vehicle, the Bidder shall be solely responsible for the same. Any Bidder resorting to

overloading of the trucks in violation of the Rules will be treated as violating the

terms & conditions of the Contract for which his Contract is liable to be terminated.

Similarly, loading of IWT vessels / Inland Barges shall be restricted to its registered

permissible load carrying capacity.

18. No Mixing up: The Bidder shall take care not to mix bags or different kind of food

grains, bags containing different qualities of the same food grains, and bags

containing wet/damaged grains, sweepings etc; with bags of sound grains.

TRANSPORTATION

19. Transport through Inland Waterways: The bidder shall load food grains into IWT

vessels/Inland Barges and transport to .......... by IWT mode. The Bidder will then

transport the food grains to designated depots in.......... (..........)/PDCs. The

remuneration for stacking of bags at IWT ports/Riverghats wherever necessary and

providing the means of carriage mentioned above shall be deemed to be included in

the contract rates.

20. Safety of Food grains: The Bidder shall be responsible for the safety of the goods/

food grains from the time they are loaded from godowns on to the trucks deployed

by the Bidder until they have been unloaded from the trucks at the godowns at the

final destination as specified in the Contract or as directed by the General Manager

FCI or any other officer acting on his behalf. The Bidder shall provide tarpaulins on

decks of the truck so as to avoid loss of grain, etc. through the holes/crevices in the

decks of the truck/IWT vessel/Inland Barges.

21. Liability for damage and Loss: The Bidder shall be liable to make good the value of

any loss, shortage or damage during transit as per the terms of this contract.

22. Delay in Delivery: The Bidder shall be liable for any loss/damage caused by any

delay in the delivery of goods/food grains to FCI due to breakdown of vehicle or its

detention by the police, customs, Tax authorities or other Authority for non-

31

compliance of any of the Rules and Regulations as per the terms of this contract.

23. No other Goods to be loaded: The Bidder shall not allow any other goods to be

loaded in the lorries/trucks/IWT vessels in which the food grains etc. of FCI are

loaded and vice- versa.

24. Bidder to pay all charges etc. : Bidder shall bear at his cost and pay all statutory

and non-statutory, auxiliary and incidental charges, levies, duties, Fees, toll,

expenses, stevedoring costs etc. levied and incurred in end to end multimodal

transportation of food grains from FCI depot at ............... to FCI depot at ................

through IWT mode.

25. Bidder to obtain all Clearances etc.: The Bidder shall wherever necessary obtain all

clearances and permits from RTO or other concerned authorities from Indian /

authorities/ various agencies for safe handling & transport of food grains through

IWT waterways and roadways, modification of IWT ports suitable for food grain

handling and ensure compliance of all legal and statutory formalities, arrange all

required safe cargo Handling facilities at port of origin, port of discharge,

transhipment points till safe delivery to the consignee. The Bidder shall obtain

timely customs clearance/ customs formalities at port of origin and port of

discharge and anywhere en-route.

26. Bidder to arrange Security/Escort: The Bidder shall at his expense arrange suitable

Security/Escort/Watch and Ward for monitoring and ensuring the safety and

security of the food grain stocks from the time the stocks are entrusted to the

Bidder till the same is delivered in good condition to the consignee at the

destination.

27. Bidder to ensure safety & preservation of the food grains: The Bidder shall ensure

safety & preservation of the food grains consignments, as required and advised to

him by the General Manager, FCI or an officer acting on his behalf.

28. FCI Inspection: The Bidder shall permit the General Manager, FCI or any other

officer acting on his behalf inspection of any or all operation during transportation,

loading/unloading/transshipment /stacking/lifting etc.

29. Bidder to arrange Material Handling facility: The Bidder shall at his cost arrange

necessary material handling facility required for safe and secure transportation,

loading/unloading/transhipment /stacking/lifting etc. of food grains by road /IWT

mode and shall also arrange at his cost tarpaulins, ropes, wooden crates/planks etc

for protecting the food grains from weather / rain, theft, damage etc. right from

receipt of the consignment up to delivery at site and shall cover every consignment

of trucks/IWT Vessels/Inland Barges with tarpaulins and bind with ropes. The

bidder shall also spread his own tarpaulins or gunny bags at the loading/unloading

points to avoid wastage and damage. The bidder shall be responsible, if any

loss/damage occurred to the food grains due to his failure to supply adequate

number of tarpaulins or to take reasonable precautions. The decision of the

General Manager, FCI in this matter shall be final and binding on the Bidder.

30. Notification of loss/damage: The Bidder shall immediately notify FCI of any

damage, loss, theft etc. occurred to the food grains while in the custody of the

Bidder and shall Coordinate damage assessment / certification, reporting, lodging

First Information Report with local governmental authorities, to coordinate with all

concerned including Insurance Surveyor and take all necessary steps at once in

order to secure the rights of Corporation/Insurer.

32

31. Fitness Certificate of Trucks & Vessels: The trucks/lorries and IWT vessels / Inland

Barges to be deployed for transportation of food grains shall have valid fitness

certificate from concerned authorities and required documents issued by

government /road / water transport authorities for the proposed use.

32. IWT Vessels: All IWT Vessels to be put to use by the bidder, shall have all

certificates including sail worthiness certificate, requisite institution of

classes/Marine insurance certificate, and should have requisite permission for

moving in inland waterways of India as well as berthing at Riverghats/port.

33. Demurrage on Bidder: Bidder shall ensure timely loading/ unloading of cargo

to/from the IWT Vessel/Inland Barges. Any demurrage or associated costs due to

delay in loading/unloading to/from the Inland Barges/IWT Vessel /Barges shall be at

the cost & responsibility of the Bidder.

34. 24 Hours working: Bidder will work round the clock at the port / en-route

anywhere, as required with required manpower having proper experience.

35. Liaison by Bidder: The Bidder will liaise with all Governmental/Non- Governmental /

Private authorities/agencies in India for smooth transportation of food grains, the

cost of liaison and coordination with all concerned authorities will be to bidder’s

account.

36. Additional cost: Any non-specific service item, which is necessary for satisfactory

completion of the work under the scope of this contract but not specified here, shall

be deemed to be included in the contract at no additional cost.

37. Risk and Responsibility on Bidder: Bidder shall own all risks and responsibility from

the time of taking over the food grains /consignment from the designate depots at

the place of origin to the designated depots at the destination till the same is

received and taken over by FCI.

38. Progress Reporting by Bidder: Bidder shall report the progress of transportation in

writing to General Manager FCI or any other officer acting on his behalf. Bidder shall

submit daily progress report indicating the receipt / dispatch status at port / storage

facility / movement status of IWT Vessels/Inland Barges, constraints if any, etc.

39. Documentation by Bidder: Bidder should be well conversant about the procedure &

documentation requirements for such works under the contract and shall be

responsible for all documentation pertaining to the contract whatsoever.

40. Emergency Handling: Bidder shall furnish their Emergency preparedness /

contingency arrangement for rescue/recovery from any disruption of journey

during transportation by road/ IWT mode.

41. Insurance

(a) The Bidder shall at his cost obtain a comprehensive Marine cum Transit

Insurance Policy in favour of Food Corporation of India against all losses and

damages, covering the total value of the foodgrains to be moved under this contract

and furnish such insurance policy to FCI before commencement of the work under

this contract.

33

(b) Notwithstanding the provision of the Insurance Policy, FCI reserves the right to

proceed against the Bidder exclusively for any claims arising out of this Contract.

(c) The bidder may also obtain at his cost necessary third party insurance

policy/covering his men and material. The Bidder shall be liable for settlement of

third party claims and claims by his employees/men engaged under the contract

without any liability to FCI.

42. Staff Expenditure: The bidder shall arrange food, accommodation, transportation

etc of his own and his sub-Bidder’s staff and workers.

43. Vehicle Risk on Bidder: The bidders will operate their vehicles entirely at their risk

and FCI will not be held responsible for any damage to the vehicle/Men/third party

while transporting the food grains of FCI or when parked in or around the FCI

premises. The Bidders will make their own arrangements at their cost for proper

parking of their vehicles.

44. Statutory Responsibility and Liability on Bidder: The contract as entered into

between FCI and the Bidder shall in no way nullify, reduce, mitigate or absolve the

parties of any responsibility, obligation or liability that may devolve upon them

under any statutory/mandatory provisions prevailing in India and pertaining to the

contract. Liabilities of the Bidder according to obligatory laws remains unaffected

and Bidder will remain responsible for settlement of claims of third parties which

have suffered damage either due to the Bidder, his employees and associates.

45. Bidder Responsible for conduct and loss of its employees: The Bidder shall be

responsible for the good conduct of their employees / labour and shall compensate

FCI for losses arising from neglect, carelessness, want of skill or misconduct of

bidder his servants, agents or representatives. He shall deploy only trained &

licensed driver(s), for the purpose intended.

46. FCI has right to ask for Removal of Employees: FCI shall have the right to ask for

removal of any employee of the Bidder, who in the opinion of FCI is hampering the

smooth execution of the work. The decision of FCI regarding losses caused by

neglect and misconduct etc; of the Bidder, his servants or agents or representatives

shall be final and binding on the Bidder.

47. No wastage or damage to food grains: The Bidder shall take adequate steps and

necessary precautions to avoid wastage and damage to the food grains etc; during

the loading/unloading/transportation of food grains.

48. Bidder to provide equipments: The Bidder shall at his cost provide planks, ladders

and all other required facilities/equipments for the purpose of loading/unloading/

stacking into/from trucks/IWT vessels. No filled bags (with grains etc ;) shall be used

in the operation.

49. No large Hooks while handling: The Bidder shall ensure that his workers do not use

large hooks for handling food grains bags or any hook for handling flour, sugar and

fertilizer bags at any stage. The Bidder may supply small regulation size hooks

34

approved by the General Manager to his workers for handling food grains bags. The

use of hooks other than those approved by the General Manager, FCI or an Officer

acting on his behalf, for handling food grains or flour, sugar and fertilizer will render

the contract liable to cancellation. The Bidder shall also be liable to make good to

FCI any losses caused by the use of unauthorized hooks. The decision of the General

Manager regarding such losses shall be final and binding on the Bidder.

50. Cleaning: The Bidder shall be responsible for the cleaning of the interior and loading

deck of trucks and IWT vessels/Inland Barges at his cost prior to loading of food

grains to the satisfaction of the FCI officer(s) supervising loading/despatches.

51. Incidental Service Free: The Bidder shall be responsible for performing all the

services detailed in and arising out of and incidental/auxiliary to this contract and in

contingencies even during night without any additional remuneration whenever

required by the General Manager or an Officer acting on his behalf.

52. Bidder liable for Loss Damage due to Negligence or breach of contract: The Bidder

shall be liable for all costs, damages, charges and expenses suffered or incurred by

FCI due to the Bidder’s negligence and unworkman like performance of any service

under this contract or breach of any terms thereof and for all damages or losses

occasioned to FCI. The decision of the General Manager regarding such failure of

the Bidder and his liability for the losses etc suffered by FCI shall be final and binding

on the Bidder.

53. Signboards display: The Bidder shall display prominently on his trucks /IWT vessels

/Inland Barges two or more signboards as prescribed by FCI painted in black and

white indicating that the stocks carried therein belong to the Food Corporation of

India. No extra remuneration, whatsoever will be payable for displaying such

signboards.

35

DECLARATION

I/We, hereby offer to carry out work as detailed in Bid document, in accordance with terms &

conditions thereof.

I/ We have carefully perused the entire bid documents connected with the above specification

and agree to abide by the same.

I/We, _______________________ hereby declare and confirm that we are well conversant of

the route and the conditions from the designated Depots at .......... to the designated depots

at .......... through IWT and visited and assessed the route conditions, facilities etc.

I/We, further confirm that I/we have not changed/tampered the tender document

downloaded from the FCI’s website (www.fciweb.nic.in) and in case any change from the

tender document published in the website is detected at a later date in the signed copy of the

same submitted by us along with the offer, the same shall be null and void and the original

terms and conditions of the tender as published in the above mentioned FCI website shall

prevail.

I/we, further certify that Sri ________________________ is authorised to represent on behalf

of me/us for the above mentioned tender and a duly constituted power of attorney to this

effect is also enclosed.

I/We have deposited/forwarded herewith the earnest money deposit as stipulated in the bid

document.

I/We, further agree to execute all the works referred to in the bid documents upon the terms

and conditions contained or referred to therein.

Date : Name and Sign. of the Tenderer:

Place: Address:

Witnesses with address

Signature

Name

Address

1.

2.

36

ANNEXURE – I

Proforma of Bank Guarantee of Security Money Deposit

(TO BE EXECUTED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

In consideration of the Food Corporation of India having its Headquarters at 16-20 Barakhamba lane,

New Delhi -110001 through its Regional Office .........(hereinafter called FCI) having agreed to accept

the part security deposit in the form of Bank Guarantee under the terms and conditions of the contract

No._________________, dated ___________ made between the FCI and Contractor for transportation

of food grains from .......... to .......... under IWT mode (hereinafter called the ‘contract’) for the due

fulfilment by the said Contractor/s of the terms and conditions and obligations contained in the said

contract, we (NAME OF BANK), (hereinafter referred to as `the Bank') at the request of (BIDDER/S) do

hereby undertake to pay on demand by FCI an amount not exceeding Rs ______________ (Rupees

__________________________only).

We (NAME OF BANK) do hereby undertake to pay the amounts due and payable under this guarantee

without any demur, merely on a demand from the FCI. Any such demand made on the Bank shall be

conclusive as regards the amount due and payable by the Bank under this guarantee. However, the

Bank’s liability under this guarantee shall be restricted to an amount not exceeding Rs___________

(Rupees _________________________ only).

We undertake to pay to the FCI any money so demanded not withstanding any dispute or disputes

raised by the Bidder(s) in any suit or proceeding pending before any Court or Tribunal relating thereto

our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be valid discharge of our liability for payment there

under and the Bidder shall have no claim against us for making such payment.

We, (NAME OF THE BANK) further agree that the guarantee herein contained shall remain in full force

and effect during the period that would be taken for the performance of the said contract that it shall

continue to be enforceable till all the dues of the FCI under or by virtue of the said contract have been

fully paid & its claims satisfied or discharged or till the FCI certifies that the terms and conditions of the

said contract have been fully and properly carried out by said Bidder(s) and accordingly, discharges this

guarantee. Unless, a demand or claim under this guarantee is made on us in writing on or before (date)

___ we shall be discharged from all liability under this guarantee thereafter.

We, (NAME OF THE BANK) further agree with the FCI that the FCI shall have the fullest liberty without

our consent and without affecting in any manner our obligation hereunder to vary any of the terms and

conditions of the said contract or to extend time of performance by the said Bidder(s) from time to time

or to postpone for any time or from time to time any of the powers exercisable by the Company against

the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said

contract and we shall not be relieved from our liability by reason of any such variation, or extension

being granted to the said Bidder(s) or for any forbearance, act or commission on the part of the FCI or

any indulgence by the FCI to the said Bidder(s) or by any such matter or thing whatsoever which under

the law relating to sureties would, but for this provision, have effect of so relieving us.

This guarantee will not be discharged due to the change in the Constitution of the Bank or the Bidder(s).

The guarantor hereby declare that it has power to execute this guarantee and the executant has full

power to do so on its behalf under the proper authority granted to him/them by the guarantor.

We, (NAME OF THE BANK) lastly undertake not to revoke this guarantee during its currency except with

the previous consent of the FCI in writing.

Dated the day of for (NAME OF THE BANK)

37

ANNEXURE – IV

Information about the Bidders & list of documents

1. Name & permanent address of the bidder, email id & contact No.

2. Composition of Bidder: (state whether the tenderer is a proprietorship concern,

or registered partnership firm, or a company). The name of the proprietor, or all

Partners, or, all the Directors of the company, as applicable, shall be furnished.

3. Furnish details of business the Bidder is engaged in along with the details of his

Corporate/Head Office, Branches, if any, and other particulars of the Firm.

4. Furnish details of Sister concerns with the name of Proprietor/Director/ Partner

thereof with nature of business.

5. Furnish Income Tax PAN of the Bidder(copy to be enclosed)

6. Furnish Service Tax Registration No. (copy to be enclosed)

7. Furnish Part (A)- Technical Bid with Notice Inviting Tender, Bid Document, all its

annexures and supporting documents.

8. Furnish Demand Draft for Rs. 1000/- drawn on any Scheduled Bank in India in

favour of Food Corporation of India payable at .......... towards cost of Bid

Document.

9. Furnish Demand Draft for Rs. ………… drawn on any Scheduled Bank in India in

favour of Food Corporation of India payable at .......... towards Earnest Money

Deposit.

10. Furnish audited profit &loss account and balance sheet for immediate preceding

five financial years.

11. Furnish documentary proof and experience certificate evidencing experience in

multimodal transportation of bagged/ bulk cargo through road & Inland

waterways, having executed in the immediate preceding five financial years

work of value at least 25% of the estimated contract value in one single contract

or

50% of the estimated contract value in different contracts.

Note: Attested Copies of the experience certificates as well as copies of the

work order/letter awarding of the contract issued by the client the

organisations to be produced indicating the date of award of contract, tenure

of the contract, contract value, nature of work executed, value of work

executed contract wise, location of the project, date of completion of the

project, Numbers of IWT Vessels deployed, details of contract labour deployed

etc.

12. Furnish attested copy of Registered Deed of Partnership/Memorandum and

Articles of Association/By-laws/Certificate of incorporation, Certificate of

Registration etc. as applicable.

13. Furnish Power of Attorney of person signing the bid.

14. Furnish Certification of Registration as a Multimodal transport operator issued

under the Multimodal Transportation of Goods Act, 1993, if applicable.

15. Furnish Emergency preparedness/contingency arrangement for rescue/

recovery from any disruption of transportation of commodity by road/ IWT

mode.

16. Furnish total blue print for logistics operation and simulation of transportation

from designated godowns at .......... to designated godowns at ...........

17. Furnish proof of having control over at least 5(five) IWT Vessels having loading

capacity of at least 100 MT licensed to operate in the Indo- Bangla IWT protocol

route with valid survey certificate, possessing sea worthiness certificate, by

way of ownership/lease/charter/declaration from the owner of the vessel in

favour of the bidder indicating his willingness to provide the vessel to the Bidder

for undertaking this contract, if awarded.

18. Furnish proof of having control over at least 30 trucks each at .........., .......... &

.......... by way of ownership/lease/ declaration from the owner of the truck in

favour of the bidder indicating his willingness to provide the truck to the Bidder

38

for undertaking this contract, if awarded. ( separate proof to be furnished for

.........., .......... & ..........)

39

Annexure - V

MULTI-MODAL TRANSPORT DOCUMENT

Consignor Food

Corporation of India

Consignee: Food

Corporation of India

MTD NUMBER --------------------------

SHIPMENT REFERENCE No.------------------

(Name and address of the MTO with MTO Registration Number)

Notify address

Taken in charge in apparently good condition herein at the place of

receipt for transport and delivery as mentioned above unless

otherwise stated. The MTO in accordance with the provisions

contained in the MTD undertakes to perform or to procure the

performance of the multimodal transport from the place at which

the goods are taken in charge, to the place designated for delivery

and assumes responsibility for such transport.

Place of

acceptance

Date of

acceptance

One of the MTD(s) must be surrendered, duly endorsed in exchange

for the goods in witness where of the original MTD all of this tenor

and date have been signed in the number indicated below one of

which being accomplished the other(s) to be void.

Place of

delivery

Date or

period of

delivery (as

expressly

agreed upon

by the

consignor

and MTO

Modes means of

transport Route /place of transhipment (if any)

Container

No(s)

Marks &

number

Number of

packages, kind of

packages, general

description of goods

Gross

Weight

Measurement

Particulars above furnished by consignee/consignor

Freight

amount

Freight

payable at

by consignor

Number of Original

MTD Place and Date of issue

Other particulars(if any)

Weight and

measurement of

container Not to be

included

For

(Authorised signatory)

40

Special Conditions Governing Multimodal Transport Document (MTD).

1. Definitions

(a) "Carrier" means the Contractor/Bidder whose bid has been accepted by the Consignee for

transporting for hire goods by road, and inland, waterways or sea;

(b) "Consignee" means the Food Corporation of India.

(c) " Consignment" means the food grains entrusted to a multimodal transport operator for

multimodal transportation;

(d) "Consignor" means the Food Corporation of India.

(e) "Delivery" means - Delivery at FCI Godowns at .........., .......... or such other place as

directed by FCI.

(f) "Goods" means – “Bagged food grains”

(g) "Multimodal Transportation” means carriage of goods by road and inland waterways in

India from FCI godowns in .......... to FCI godowns in .........., .......... through road and inland

waterways in India;

(h) "Multi-modal Transport Contract " means a contract entered into by the FCI and the

successful bidder for multimodal transportation of food grains from FCI Depots at ………….…. to

FCI Depots at ................. by road and inland waterways under PIWT&T;

(i) "Multimodal Transport Operator (MTO): " Means any persons who:-

(I) concludes a multi-modal transport contract on his own behalf or through another person

acting on his behalf;

(II) acts as a principal not as an agent either of the consignor or of the carrier participating in

the multi-modal transportation, and who assumes responsibility for the performance of the

said contract.

2. Effect of issuance of Multimodal Transport Document (MTD):

(a) The issuance of the MTD confers and imposes on all parties having or acquiring hereafter

an interest in the rights/obligations and defenses set out in the conditions mentioned in this

document.

(b) However, this MTD is subject to the terms and conditions of the Multimodal Transport

Contract. In case of any conflict between the terms and conditions mentioned in MTD and

those in the Multimodal Transport Contract the latter shall prevail.

41

(c) By the issuance of the MTD the Multimodal Transport Operator;

(i) undertakes to perform and /or in his own name to procure performance of the

multimodal transport including all services which are necessary to such transport from the

time of taking the goods in charge to the time of delivery, and accepts responsibility for

such transport and such services to the extent set out in these conditions and the

Multimodal Transport Contract;

(ii) accepts responsibility for the acts and omissions of his agents or servants, when such

agents or servants are acting within their scope of their employment, as if such acts and

omissions were own;

(iii) accepts responsibility for the acts and omissions of any other person whose services

he uses for the performance of the contract evidenced by this "Multimodal Transport

Documents”;

(iv) undertakes to perform or to procure performance of all acts necessary to ensure

delivery;

(v) assumes full liability for the loss of or damage to the goods occurring between the

time of taking them into his charge and the time of delivery, and undertakes to pay

compensation in respect of such loss or damage ;

(vi) assumes full liability for delay in delivery of the goods and undertakes to pay

compensation.

3. Reservations

If the MTD contains particulars concerning the general nature, leading marks, number of

packages or pieces, weight or quantity of the goods which the Multimodal Transport Operator

or a person acting on his behalf knows, or has reasonable grounds to suspect, do not

accurately represent the goods actually taken in charge, or if he has no reasonable means of

checking such particulars, the Multimodal Transport Operator or a person acting on his behalf

shall insert in the Multimodal Transport Document a reservation specifying these inaccuracies,

grounds of suspicion or the absence of reasonable means of checking. If the Multimodal

Transport Operator or a person acting on his behalf fails to note on the Multimodal Transport

Document the apparent condition of the goods, he is deemed to have noted on the

Multimodal Transport Document that the goods were in apparent good condition.

4. Evidentiary effect of the Multimodal Transport Document:

(a) The Multimodal Transport Document shall be prima-facie evidence of the taking in charge

by the Multimodal Transport Operator of the goods as described therein.

5. Guarantee by the consignor:

(a) The consignor shall be deemed to have guaranteed to the Multimodal Transport Operator

the accuracy at the time the goods were taken in charge by the Multimodal Transport

Operator, of particulars relating to the general nature of the goods, their marks, number,

weight and quantity and, if applicable, to the dangerous character of the goods as furnished

by him for insertion in the Multimodal Transport Document.

42

(b) The consignor shall indemnify the Multimodal Transport Operator against loss resulting

from inaccuracies or inadequacies of, the particulars. The right of the Multimodal Transport

Operator to such indemnity shall in no way limit his liability under the Multimodal Transport

Contract to any person other than the consignor.

6. Dangerous goods

(a) The consignor shall mark or label dangerous goods in a suitable manner as "dangerous

goods"

(b) Where the consignor hands over dangerous goods to the Multimodal Transport Operator

or any person acting on his behalf, the consignor shall inform him of the dangerous character

of the goods and, if necessary, the precautions to be taken. If the consignor fails to do so and

the Multimodal Transport Operator does not otherwise have knowledge of their dangerous

character then;

(i) The consignor shall be liable to the Multimodal Transport Operator for all loss resulting

from the shipment of such goods; and

(ii) The goods may at any time be unloaded, destroyed or rendered innocuous, as the

circumstances may require, without payment of compensation.

(c) The above provisions may not be invoked by any person if during the Multimodal Transport

he has taken the goods in his charge with knowledge of their dangerous character.

(d) If, in cases where the provisions (b) (ii) referred to above do not apply or may not be

invoked, dangerous goods become an actual danger to life or property they may be unloaded,

destroyed or rendered innocuous, as the circumstances may require, without payment of

compensation, except where there is an obligation to contribute in general average or where

the Multimodal Transport Operator is liable, in accordance with the provisions of relevant

conditions.

7. Period of responsibility

(1) The responsibility of the Multimodal Transport Operator for the goods covers the period

from the time he takes the goods in his charge to the time of their delivery. For the purpose

of this responsibility, the Multimodal Transport Operator is deemed to be in charge of the

goods,

(a) from the time he has taken over the goods from :

(i) the consignor or a person acting on his behalf ;

(ii) an authority or other third party to whom, pursuant to law or regulations applicable at the

place of taking charge the goods, must be handed over for transport;

(b) until the time he has delivered the goods ;

(i) by handing them over to the consignee; or

(ii) by placing them at the disposal of the consignee in accordance with the Multimodal

Transport Contract or with the law or with the usage of the particular trade applicable at the

place of delivery; or

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(iii) by handing over the goods to an authority or other third party to whom, pursuant to law

or recognitions applicable at the place of delivery, the goods must be handed over.

(2) Reference to the Multimodal Transport Operator in this regard shall include his servants or

agents or any other person of whose services he makes use of for performance of the

Multimodal Transport Contract, and reference to the consignor or consignee shall include

their servants or agents.

8. Basis of liability

(1) The Multi-modal Transport Operator shall be liable for loss resulting from loss of or

damage to the goods delay in delivery and any consequential loss or damage arising from such

delay if the occurrence which caused such loss, damage or delay in delivery, took place while

the goods were in his charge unless the Multimodal Transport Operator proves that he, his

servants or agents or any other persons whose services be used for the performance of the

contract evidenced by this Multimodal Transport Document, took all measures that would

reasonably be required to avoid the occurrence and its consequences.

(2) Where fault or neglect on the part of the Multimodal Transport Operator, his servants or

agents or any other person whose services he uses for the performance of the contract

evidenced by this MTD, combines with another cause to produce loss or damage or delay in

delivery, the Multimodal Transport Operator shall be liable for such losses.

9. Liability for loss or damage when the stage of Transport where the loss or damage

occurred is not known:

(1) When the Multi-modal Transport Operator is liable to pay compensation in respect of loss

of or damage to, the goods occurring between the time of taking them into his charge and the

time of delivery and the stage of transport where the loss of damage occurred is not known ;

(a) Such compensation shall be calculated by reference to the value of such goods at the place

and time they are delivered to the consignee or at the place and time when, in accordance

with the contract of Multimodal Transport, they should have been so delivered.

(b) The value of the goods shall be determined according to the Clause 14 (d) of the

Multimodal Transport Contract.

10. Liability for loss or damage when the stage of transport where the loss or damage

occurred is known:-

(1) When the Multimodal Transport Operator is liable to pay compensation in respect of loss

of or damage to the goods occurring between the time of taking them into his charge and the

time of delivery and the stage of transport where such loss or damage occurred is known, the

liability of the Multimodal Transport Operator in respect of such loss or damage shall be

determined by the applicable Indian Law if the loss or damage occurs in India.

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11. Defense and limits for the Multimodal Transport Operator and his servants:

(1) The defenses and limits of liability provided for in this MTD shall apply in action against the

Multimodal Transport Operator in respect of loss resulting from loss of or damage to goods;

delay in delivery and any consequential loss or damage arising from such delay.

(2) If any action in respect of loss resulting from loss of, or damage to, the goods or from delay

in delivery is brought against the servant or agent of the Multimodal Transport Operator, if

such servant or agent proves that he acted within the scope of his employment, or against any

other person of whose service he makes use for the performance of the Multimodal Transport

Contract, if such other person proves that he acted within the performance of the contract,

the servant or agent or such other person shall be entitled to avail himself of the defenses and

limits of liability which the Multimodal Transport Operator is entitled to invoke under this

Multimodal Transport Document.

12. Delivery / non-delivery:

(1) If the goods are not taken delivery of by the consignee within a reasonable time after the

Multimodal Transport Operator has called upon him to take delivery, the Multimodal

Transport Operator shall be at liberty to put the goods in safe custody on behalf of the

consignee at the consignee's risk and expense or to place the goods at the disposal of the

consignee in accordance with the Multimodal Transport Contract or with the law, or with the

usage of the particular trade applicable at the place of delivery.

13. Notice of loss, damage or delay:

(1) Unless notice of loss or damage, specifying the general nature of such loss or damage is

given in writing by the consignee to the Multimodal Transport Operator at the time of taking

over the goods such handing over is prima face evidence of the delivery by Multimodal

Transport Operator of the goods as described in the Multimodal Transport Document.

(2) Where the loss or damage is not apparent, the provisions of condition (1) referred to

above apply correspondingly if notice in writing is not given within a reasonable time when

the goods were handed over to the consignee.

(3) If the state of the goods at the time they were handed over to the consignee has been the

subject of a joint survey or inspection by the parties or their representatives at the place of

delivery, notice in writing need not be given of loss or damage ascertained during such survey

or inspection.

(4) In the case of any actual or apprehended loss or damage the Multimodal Transport

Operator and the consignee shall give all reasonable facilities to each other for inspecting and

tallying the goods.

(5) If any of the notice periods provided for in condition (2) and (4) referred to above

terminates on a public holiday at the place of delivery, such periods shall be extended up to

the next working day.

(6) Notice given to a person acting on behalf of the Multimodal Transport Operator including

any person of whose services he makes use at the place of delivery, shall be deemed to have

given to the Multimodal Transport Operator.

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14. Freight and charges:

(1) Freight shall be deemed earned on receipt of goods by Multimodal Transport Operator and

shall be paid for, in any event.

(2) For the purpose of verifying the freight basis, the Multimodal Transport Operator reserves

the right to have the contents of the containers, trailers or similar articles of transport

inspected in order to ascertain the weight, measurement, value or nature of the goods.

15. Hindrances etc. affecting performance:

The Multimodal Transport Operator shall use reasonable endeavors to complete the transport

and to deliver the goods at the place designated for delivery.

16. Limitation of action:

Any action relating to Multimodal Transport under these conditions shall be time-barred if

judicial proceedings have not been instituted within a period of three year after:

(1) The date of delivery of the goods, or

(2) The date when the goods should have been delivered, or

(3) The date on and from which the party entitled to receive has the right to treat the goods as

lost.

(Signature & Seal)

46

PART – B

PRICE BID

47

PRICE BID

From… (Full name & address of the tenderer)

_______________________

_______________________

To

THE GENERAL MANAGER, FOOD CORPORATION OF INDIA

R.O……………………………………………………..

Dear Sir,

I/We submit the PRICE BID of the Tender for appointment of handling & transport

Bidder for multimodal contract for transportation of food grains from …………………........ to

………………….......... by road & inland water transport mode.

2. I/We have thoroughly examined and understood all the terms & conditions as

contained in the Bid document, invitation to tender, and its annexures and agree to abide by

them.

3. I/We offer to work at the following rates inclusive of all taxes, duties, cess etc.,

excluding service tax.

Description of work

Rate(Inclusive of all Taxes

& levies, excluding Service

Tax)

(In figures)

(Rs……………/ MT)

Multimodal contract for Handling & Transportation of bagged

food grains of 3000 MT (Approx.) from designated Depots at

.......... to designated Depots at.......... (..........) by Road and

Inland Water Transport mode.

Placing required number of trucks as per movement schedule at

FCI designated depots at .........., transportation of food grains

by road from designated depots at .......... taking the trucks to

Inland Water Transport (IWT) Ports at .......... where the food

grains are unloaded, loading food grains directly to the IWT

vessels or stacking at the port through the labour engaged by

the Bidder. At the IWT ports, if need be, the Bidder associates

stevedoring agents. Loading food grains into the IWT vessels

and transportation to .......... The food grains are then

transported to designated depots in ........../PDCs. While

undertaking the transportation by road / IWT the food grains

are to be secured by covering the same with good quality

tarpaulins and fastening with ropes.

Internal movement of food grain bags using hand carts, trolley,

head load etc at the IWT port areas, transhipment locations and

such other places during the transit of cargo from designated

depots at .......... to designated depots at .......... shall be

performed by the bidder.

All related, auxiliary and incidental work, use/supply of material

etc. pertaining to the satisfactory execution of the obligations

under this contract shall be deemed to be included and to be

read and construed as a part of this contract, though not

expressly provided for and the bidder shall perform such work

also at his cost.

(In words)

(Rs……………………………/MT)

48

All documentation pertaining to the contract, statutory/non-

statutory, customs, port operations, RTO, Police, Local

Authorities and documentation pertaining to all clearances for

smooth execution of the contract shall be done by the Bidder at

his cost.

The costs, charges, levies, taxes, duties, cess, fees, expenses,

toll, Shed charges, Wharfages/lighterage charges, Port/Custom

overtime charges, Vessel overtime charges, Crane charges,

Barge charges, Berth Hire charges, IWT freight, Insurance

charges, demurrage/despatch etc. at the loading and unloading

ports at and all expenses and costs whether statutory / non

statutory, incurred in execution of this contract and incidental

thereto shall be borne by the bidder at his cost. However,

Loading into the trucks at the designated depots at .......... and

unloading from the trucks at the designated depots at ..........

will be performed by FCI at its cost through the labour engaged

by FCI.

Note:

1. If there is any discrepancy in the amount entered in words & figures the Price Bid will be

treated as non-responsive and will be summarily rejected.

2. All rates are to be indicated in Indian Rupees only.

3. The quoted rates shall remain firm throughout the tenure of the contract and no revision is

permissible for any reason, including on account of revision of statutory /Govt. levies/

charges, protocol rates, taxes, duties, increase in the price fuel etc.

Yours faithfully,

(Signature of tenderer)