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Tender Document for Sale of Skimmed Milk Powder (SMP) and White Butter Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1 Mehsana District Co-operative Milk Producer’s Union Ltd. Dudhsagar Dairy, Highway, Mehsana – 384002 Phone: 02762-253201, Fax: 02762-253201 www.dudhsagardairy.coop

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Tender Document for

Sale of Skimmed Milk

Powder (SMP) and

White Butter Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Mehsana District Co-operative

Milk Producer’s Union Ltd.

Dudhsagar Dairy, Highway, Mehsana – 384002

Phone: 02762-253201, Fax: 02762-253201

www.dudhsagardairy.coop

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 2 of 36

Table of Contents Table of Contents ...................................................................................... 2

Advertisement in Newspapers ................................................................... 4

Data Sheet ................................................................................................ 5

Introduction .............................................................................................. 8

General Terms and Conditions .................................................................. 9

1. Interpretation ..................................................................................... 9

2. Basis of Sale .................................................................................... 10

3. Tender Document & Tender Fee ....................................................... 11

4. Tendering Process ............................................................................ 12

5. Tender Participation and Eligibility Criteria ...................................... 16

6. Corrigendum .................................................................................... 18

7. Earnest Money Deposit (EMD)/Bid Security ..................................... 19

8. Inspection ........................................................................................ 20

9. Price Bid .......................................................................................... 21

10. Declaration of Successful Bidder .................................................... 21

11. Payment of Consideration of Sale ................................................... 22

12. Sale Agreement .............................................................................. 23

13. Rights of Managing Director ........................................................... 24

14. Arbitration Clause / Dispute Resolution Clause ............................. 25

15. Disclaimer ...................................................................................... 26

Annexure 1: Format of Price Bid ............................................................. 28

Annexure 2: Declaration by Bidder .......................................................... 30

Annexure 3: Details of Bidder ................................................................. 32

Annexure 4: Specifications of Items for Sale ............................................ 34

4.1 SMP Specifications ......................................................................... 34

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 3 of 36

4.2 White Butter Specifications ............................................................ 35

Annexure 5: List of Documents to be attached ........................................ 36

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 4 of 36

Advertisement in Newspapers

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 5 of 36

Data Sheet Particulars Details /Remarks

Name of

Company

Inviting

Tender for

Sale

Mehsana District Co-operative Milk Producers’ Union

Limited, Dudhsagar Dairy

Highway, Mehsana-384002

Tender Notice

No. MDCMPUL/2017-18/Sales/SMP-WB/1

Purpose of

Tender

Sale of Skimmed Milk Powder (SMP) and White Butter

as mentioned in tender document

Quantity

Details

Item Quantity Offered

for Sale in MT Packing Size

SMP 22,608 25 KG Bag

White Butter 8,589 15 KG CBX

Inspection

Period

From 08/03/2018 till 23/03/2018 on office days during

office hours

Contact

Person for

Inspection

Mr. J. R. Shukla – Manager (Store)

Dudhsagar Dairy

Highway, Mehsana, Gujarat

Phone: 02762-253201

Fax: 02762-253422

Email: [email protected]

Production

Cost of SMP

and White

Butter

Item Cost of Production per MT

Production at

Mehsana

Production at

Rajasthan & Haryana

SMP 253,640 219,460

White Butter 299,840 257,650

Bid

Documents

Availability

On website www.dudhsagardairy.coop for download

Last Date &

Time for

Receipt of

Sealed Bids

23/03/2018 till 5:00 PM

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 6 of 36

Particulars Details /Remarks

Bid Validity

Period 30 Days from last date of receipt of bids

Bid Opening

Date and

Time

24/03/2018 at 11:00 AM

Tender Fee

(non-

refundable)

Rs. 2000 + 18% GST = Rs. 2360

Bid

Security/EMD 5 % of cost of production of quantity of item quoted.

Bid

Security/EMD

per MT of

Quoted

Quantity

Item

EMD per MT for

Production at

Mehsana Rs.

EMD per MT for

Production at

Rajasthan & Haryana

SMP Rs. 12,682.00 Rs. 10,973.00

White Butter Rs. 14,992.00 Rs. 12,882.50

Minimum

Quantity for

Quotation

50 MT for each item in each category and its multiple

All DDs

should be in

favor of:

Mehsana district Co-operative Milk producer’s Union Ltd.,

payable at Mehsana

Tender Fee

and Bid

Security/EMD

through RTGS

Tender Fee and Bid Security/EMD can be submitted

through RTGS also. In this case bidder has to submit proof

of transaction along with their tender. Without such proof

and/or validation from our account department such bids

will not get considered.

Bank Account

Details of

Mehsana

Union for

RTGS

Beneficiary Name: Mehsana District Cooperative Milk

Producers’ Union Limited

Bank Account No.: 02380310000063

Bank Account Type: Current Account

Bank Name: HDFC Bank

Branch Address: Prabhu Complex, Highway, Mehsana

IFSC: HDFC0000238

Address for

Sending

Completed

Bid:

Managing Director

Mehsana District Co-operative Milk Producers’ Union Ltd,

Dudhsagar Dairy

Highway, Mehsana-384002

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 7 of 36

Particulars Details /Remarks

Contact

Details:

Mr. N. J. Baxi,

Managing Director

Phone No.: 02762-253201, FAX No.:02762-253422

Email: [email protected]

Note: In case the information provided in this data sheet differs from that

of the rest of the tender document, information contained in this

data sheet will be treated as final.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 8 of 36

Introduction Mehsana District Co-operative Milk Producers’ Union Limited, popularly

known and herein after named Dudhsagar Dairy, Mehsana, one of the

largest co-operative dairy in India, is manufacturing its products under the

brand name of "Amul" and "Sagar". During the financial year 2016-17,

Dudhsagar Dairy have registered a sales turnover of Rs. 4500 Crores.

Mehsana District Co-operative Milk Producers’ Union Limited was

registered as a Co-operative Society on 8th November 1960 under the

Mumbai Co-operative Societies Act, 1925, then effective and currently,

governed by the Gujarat State Co-operative Societies Act, 1960.

Mehsana District Co-operative Milk Producers’ Union Limited intend to sell

Skimmed Milk Powder (SMP) and White Butter and this tender is being

floated to give effect to the sale thereof. The terms, conditions and other

matters thereof are hereby laid down.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 9 of 36

General Terms and Conditions

1. Interpretation

1.1 Mehsana District Co-operative Milk Producers’ Union Limited or

Dudhsagar Dairy shall be hereinafter referred to as "Union", and the

successful Bidder shall be hereinafter referred to as the

Buyer/Purchaser.

1.2 General Terms and Conditions are in addition to the other Terms

and Conditions and other clauses stated in this tender document

and shall form an integral part of the tender.

1.3 In case of any conflicts or difference in meaning between the

information, terms, and conditions provided in different clauses of

the tender document, the data provided in the Data Sheet shall be

referred to. The information contained in the Data Sheet shall

prevail over information that are stated in other clauses of the tender

document.

1.4 The terminologies used in this tender document shall have the

meaning as is understood ordinarily in the commercial parlance /

usage. In case of any difficulties arising out of the meaning of the

terms being used, the matter shall be referred to the Managing

Director of the Union whose decision shall be considered final.

1.5 Board of Directors of Mehsana District Co-operative Milk Producers’

Union Limited or Dudhsagar Dairy shall be hereinafter referred to as

"Board"

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 10 of 36

2. Basis of Sale

2.1 The quantities indicated in the annexure are tentative and are liable

for variations.

2.2 The quantity offered is on Ex-dairy/warehouse basis where product

is presently stored.

2.3 MDCMPUL reserves the right either to delete or add any other, reject

any or all the TENDERs or fragmented TENDERs, as the case may

be, without assigning any reasons thereof, at any given point of time.

2.4 MDCMPUL in this regard shall entertain no claim.

2.5 The Buyer or any of their representatives / workers / agents shall

not indulge in any activity which is directly or indirectly prejudicial

to Union’s interest or shall not commit any acts of misappropriation,

pilferage or abetting misappropriation or pilferage of Company’s

property or any attempt thereof, offer or attempt to offer illegal

gratification including offering bribe, reward or advantage etc.,

pecuniary or otherwise to any officer or employee of the Union,

indulge in any malpractice, namely but not limited to, forgery,

falsification or fabrication of documents, bills, vouchers, indents, etc.

in support of any claim against the Union or indulge in any other act

which amounts to offences punishable under the Indian Penal Code

or any other enactment.

2.6 It may be noted that this sale will be subject to approvals from

various authorities which we will be procuring in due course. If for

any reason the approval process is delayed or in extreme case, the

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 11 of 36

approval is denied, the tender process may get delayed or subject to

cancellation of the entire process. In such events, kindly note that

the Dudhsagar Dairy will not be giving any compensation for any

loss of time or money, if any, caused to the bidder / purchaser.

3. Tender Document & Tender Fee

3.1 The tender document shall consist of the following:

A. Advertisement given in newspaper

B. Data Sheet

C. This Tender Document No.: MDCMPUL/2017-18/Sales/SMP-

WB/1

To include:

a. Introduction

b. General Terms and Conditions

c. Annexures forming part of the tender

d. Corrigendum (if any) posted on website from time to time

3.2 The Tender document is made available on website of the Union

“www.dudhsagardairy.coop”. If the buyer/purchaser so desires, he /

she / it may use the downloaded tender for the purpose of bidding.

The tenderer shall not make any alterations, whatsoever, in the

downloaded document. If it is observed that the tender document is

altered or tampered with in any way, such bids shall, at the

discretion of the Managing Director of the Union, be liable for

cancellation without assigning any reasons thereto.

While submitting bid the applicant has to give the tender fee (non-

refundable) of Rs. 2000 + 18% GST = Rs. 2360 by way of a Demand

Draft along with bid.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 12 of 36

3.3 All Demand Drafts shall be drawn on any Nationalized Bank payable

at Mehsana only, and in favor of “Mehsana District Co-operative Milk

Producers’ Union Limited”. Bid Form without payment of tender fee

shall be rejected summarily.

3.4 All the tender documents shall form integral part of the tender and

the Terms and Conditions of Sale shall be governed by the terms

contained therein.

3.5 The tender documents are not transferable. The tender document

purchased in the name of a bidder shall not be transferred to any

other persons for any reasons whatsoever. Such bids shall be

rejected outright.

3.6 Bidders are advised to read the instructions, evaluation norms and

other terms and conditions described in these documents and other

instructions carefully before making their offer. In case of any doubt

they may contact:

Managing Director,

Mehsana District Cooperative Milk Producers’ Union Limited

Dudhsagar Dairy,

Highway, Mehsana, Gujarat PIN- 384002

Phone: 02762-253201, FAX: 02762-253442

Email: [email protected]

4. Tendering Process

4.1 This tender is a one stage process. Only the complete tenders of

bidders who are qualified as per criteria mentioned in the tender and

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 13 of 36

have submitted signed tender document, attached required

documents, tender fee, EMD and price bid as per format given will be

considered for evaluation. The tender is required to be submitted in

sealed envelope clearly marking the envelope as:

BID FOR TENDER – Purchase of SMP and White Butter

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

4.2 The bid envelope as above shall be handed over to the inward

department at reception of Dudhsagar Dairy and a receipt to this

effect taken. The acceptance of the bids shall be closed at the last

date and time of receipt of the completed bids and in no

circumstances bids will be accepted thereafter.

Mehsana District Cooperative Milk Producers’ Union Limited

Dudhsagar Dairy,

Highway, Mehsana, Gujarat PIN- 384002

Phone: 02762-253201

4.3 Tender has to be submitted for minimum lot quantity for each item

and for each place of production and thereafter in multiple of

minimum lot quantity as mentioned in data sheet.

4.4 Items for Sale: Skimmed Milk Powder and White Butter as per

specifications and quantity stated in Annexure – 4.

4.5 Type of Sale: Sale through Tender with ONLY ONE FINAL PRICE.

This price shall be the basic price only, that is, excluding applicable

taxes.

4.6 The Bidder while bidding shall quote their bid price on Ex-

Factory/Warehouse basis in Indian Rupees (INR) as base price,

exclusive of other charges like taxes etc. as will be applicable. These

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 14 of 36

charges shall be on the Bidders’ account. During the bidding

process, the bidder cannot reduce the price once quoted.

4.7 The Bidder shall offer only one bid price in the prescribed format.

Any changes in bid price by any means will not be accepted. The bid

price shall be legibly written with no cutting/overwriting. The bid

price written with cutting/ overwriting will get rejected.

4.8 Bid Price should be in Rupees and without decimals. Price Bid shall

be filled in Indian Rupees (INR) only.

4.9 In case of difference between Bid Price in digits (numbers) and bid

price in words, Bid Price written in words will be treated as final.

4.10 The date, time and period of sale process mentioned in the Data

Sheet including closing time will be adhered to.

4.11 Bidders must be extremely careful to avoid any error in bidding

(whether typographical or otherwise) and they are fully responsible to

check and rectify the bid before submitting their Bid. The Bidder

shall be solely responsible for all consequences arising out of the bid

submitted by him (including any wrongful bidding by him) and no

complaint /representation will be entertained by Mehsana District

Co-operative Milk Producers’ Union Limited in this regard.

4.12 Bidders may either themselves or through their authorized

representative subject to a maximum of two persons per bid, may

attend the bid opening process.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 15 of 36

4.13 Bidders are advised in their own interest to ensure that their bids

reach this office well before the closing date and time fixed for

submission of bids as the bids received after the closing date and

time of the tender will not be considered.

4.14 The bid once submitted by you, cannot be cancelled/withdrawn and

the bidder shall be bound to buy the item at the final bid price. The

failure on the part of bidder to comply with any of the terms and

conditions of the tender notice and tender document will result in

forfeiture of the amount paid by the defaulting bidder. Bidder cannot

claim the amount paid after forfeiture of amount paid.

4.15 The bidders are required to sign each page of tender document as

token of acceptance of the terms & conditions and modality of sale

through tender given above.

4.16 Tender Submission: The tender submission is scheduled to be

conducted on days & time as specified in the tender document. The

bidders are cautioned not to wait till the last minute to send their bid

to avoid complications related to delivery by registered post/speed

post etc.

4.17 It is responsibility of Bidder to ensure submission and receipt of bid

in time at designated place, otherwise late receipt of bid will

disqualify in tendering.

4.18 The bidders shall take care to furnish only correct information in the

bid document. If incorrect information is provided in bid documents

or if the bid document is incomplete with respect to information

sought, it will be the sole discretion of the Managing Director to deal

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 16 of 36

with such bids, to either accept with or without conditions or to

reject the bid altogether.

4.19 All bids placed as per this bid document are legally valid bids and

would be considered as the bids from the bidder

himself/herself/itself. Once the bid is placed, the bidder cannot

reduce or withdraw the bid for whatever reason. If done so, Managing

Director will forfeit the Earnest Money Deposit.

5. Tender Participation and Eligibility Criteria

5.1 Who Can Participate in the Tender Process

5.1.1 Any person who is eligible to purchase SMP and/or White Butter

under consideration under the Laws prevailing in India can

participate in this tender process provided other conditions stated in

this tender document are satisfied.

5.1.2 For the purpose of this clause, a person shall mean and include an

individual, a partnership firm, a LLP (Limited Liability Partnership) a

corporate / co-operative entity or other entities registered under any

Law for the time being in force or any other combination of such

persons are eligible to participate in this tender process.

5.1.3 Persons eligible to this tender shall do it in his own name or on

behalf of the entity for which suitable power of authority / attorney is

being obtained, as per applicable Laws of India.

5.1.4 A person shall include non-residents and citizens outside India,

provided they have complied with all Laws applicable to them in

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 17 of 36

India and outside India in relation to the participation in the tender

process and subsequent purchase / sale. A declaration with details

of compliances shall be provided on or before the commitment /

carrying out of each event.

5.1.5 Without prejudice to the preceding paragraphs, following persons

shall not be eligible to participate in the tender process:

a) A minor;

b) An undischarged insolvent, or has applied to be adjudged as

an insolvent;

c) A person declared to be of unsound mind

5.2 Eligibility Criteria – Financial

5.2.1 The bidder shall be of sound financial position. While no limits are

fixed to determine the financial condition of the bidder, the bidder

shall submit documents along with the bids suggesting /

establishing that he has the necessary intend and requisite financial

soundness. To discourage casual / unserious persons from bidding

process, the bidders shall furnish the following particulars at the

time of submitting bids:

a) Name of the person intending to purchase the tender

document;

b) Documents authorizing person to purchase on behalf of other

persons like authority letter, resolution, power of attorney or

other documents to the satisfaction of Dudhsagar Dairy;

c) Documents evidencing the existing activities / businesses of

the person;

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 18 of 36

d) A declaration to the effect that the person intending to bid is

eligible as per all the criteria given in this tender document,

both financial and other criteria specified;

e) Particulars and documents as per Annexure – 3 of the tender

document

5.2.2 The details as above shall be furnished at the time of submitting

completed tender document.

5.2.3 One Person - One Bid: Only one bidder can participate in sale

process against one PAN number.

5.2.4 One Tender Document - One Bid: Only one bid is acceptable against

one tender document.

6. Corrigendum

6.1 Sometimes issue of Corrigendum may be necessary to clarify doubts

raised or to make some corrections. All such corrigendum shall be

displayed on web site www.dudhsagardairy.coop only. The bidders

are therefore advised to refer to the above website from time to time

to keep themselves updated.

6.2 Mehsana District Co-operative Milk Producers’ Union Limited may in

its absolute discretion, but without being under any obligation to do

so, update, amend or supplement the information, assessment or

assumptions contained in this Tender Document.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 19 of 36

7. Earnest Money Deposit (EMD)/Bid Security

Earnest Money Deposit per MT of quoted quantity will be as follows:

Bid

Security/EMD

per MT of

Quoted

Quantity

Item

EMD per MT for

Production at

Mehsana Rs.

EMD per MT for

Production at

Rajasthan & Haryana

SMP Rs. 12,682.00 Rs. 10,973.00

White Butter Rs. 14,992.00 Rs. 12,882.50

7.1 The Earnest Money Deposit (EMD) shall be in form of Demand Draft

drawn on any Nationalized Bank payable at Mehsana only, in favor

of “Mehsana District Cooperative Milk Producers’ Union Limited”.

Bid Form without EMD shall be rejected summarily.

7.2 EMD amount shall be adjusted in case of the successful bidder,

otherwise refunded to the unsuccessful bidders by A/C payee cheque

within 15 (fifteen) working days of finalization of sale by the

Managing Director.

7.3 The EMD shall not earn any interest.

7.4 In case, the Bid is accepted and the Bidder(s)/ Buyer(s) refuse (s) /

fail (s) to make further financial arrangements towards the full value

of sale consideration and/or Taxes /Duties and / or other financial

arrangement in stipulated TIME LIMIT mentioned in the Tender, the

EMD shall be forfeited without prejudice to the rights of Union to

claim such further damages in this regard without further reference

to the Bidder (s) /Buyer(s).

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 20 of 36

7.5 In case, the Bidder(s) wish(es) to withdraw his offer before the expiry

of the validity period of the offer, then EMD shall be forfeited without

further reference to the Bidder.

7.6 In order to afford reasonable protection to the interests of the

Bidders, the Bidders MUST legibly indicate in the appropriate space

provided for in the Tender Documents, their Bank Account Number

and the name of the Bank and Branch where such Account is held

by the Bidders which information can be used by the Union for

refunding the EMDs of the Bidders. Union shall not be responsible in

any way whatsoever for any loss and/or delay and/or misplacement

of such refund cheque in transit which will normally be sent to the

Bidders under registered post / courier / speed post at the Union’s

discretion.

7.7 The Bidders must write their name and address or affix the Rubber

Stamp of their Firm / Company / Other entity at the back of all the

DDs submitted towards EMD and Tender Fee. Bidders must mention

their Bank Account Number, Name & Branch of their Bank in the

enclosed Declaration Sheet for enabling Union to refund their EMD

as and when required, failing which no refund of EMD will be made

by the Union.

8. Inspection

8.1 The interested parties can inspect the items for sale between the

dates mentioned in Data Sheet at their own cost after giving a

minimum of 24 hours prior intimation and getting confirmation from

our side.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 21 of 36

8.2 Contact details for inspection arrangements are given in the data

sheet.

8.3 Person coming for inspection should carry valid ID proof and

Authority Letter from the prospective bidder. Any damage to the

property/person of the Union (land, building, furniture, plants,

products etc.) shall be payable by such prospective bidder.

8.4 In case of inconvenience caused for inspection, the interested parties

may contact the Managing Director, Mehsana District Cooperative

Milk Producers’ Union Limited as per the mentioned address.

9. Price Bid

9.1 Format of Price Bid is given in Annexure-1.

9.2 The price to be quoted (Price Bid) shall be basic price only.

9.3 The purchaser shall bear all taxes, government and local charges /

fees payable if any as applicable in this transaction as per law as

amended from time to time. In addition to the sale consideration, it

shall be the responsibility of the highest bidder to pay applicable

Government charges and taxes if any for the time being in force.

10. Declaration of Successful Bidder

10.1 Successful Bidder: At the end of the process Mehsana District

Cooperative Milk Producers’ Union Limited will evaluate all the bids

submitted and will decide upon the successful bidder.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 22 of 36

10.2 Board of Dudhsagar Dairy will take a final decision on the price and

quantity to be given to the bidder(s). Board’s decision regarding

declaration of successful bidder will be final and binding on all the

bidders.

10.3 The successful bidder will be informed about the acceptance in

writing by the Managing Director.

10.4 The bidder shall be declared to be the successful bidder of the items

for sale mentioned herein provided that otherwise he / she / it is

legally and as per the terms of the tender document qualified /

eligible to bid and the bid made is complete in all sense.

10.5 The Board, however, has the absolute right to accept or reject the

bid or postpone or cancel the sale, as the case may be without

assigning any reason.

11. Payment of Consideration of Sale

11.1 The successful bidder shall deposit 25% of the amount of

bid/purchase money, immediately on the decision of sale being

confirmed by the Managing Director in writing, in his/her favor

within three working days. The balance 75% of the sale price

adjusting the EMD already paid, shall be paid by the successful

bidder within 7 days from the date of decision of sale being

confirmed by the Managing Director in writing or such extended

period as may be agreed upon in writing by Managing Director but

before lifting the material. The decision to extend the period of

payment shall be the sole discretion of the Managing Director of

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 23 of 36

Dudhsagar Dairy. Payments stated under this clause shall be made

through RTGS/Demand Draft only.

11.2 In case of default of payment or failure to remit the balance amount

as mentioned above within the stipulated time, the default will result

in forfeiture of EMD. In such case buyer will have to take delivery of

material for 25% of the sale consideration and in no circumstances

payment of 25% will be returned back. The Managing Director of

Dudhsagar Dairy will have the right to sell the balance items again at

any time after the default is caused.

11.3 Where the item is not sold or the sale is not confirmed in favor of any

bidder, for any reasons, such bidder shall be entitled to receive back

the entire amount paid by the bidder towards sale consideration

without any interest. However, the bidders shall not be entitled to

claim any compensation or damages on any ground whatsoever.

11.4 The Bid Price shall be basic value only and applicable taxes will be

extra at actual and will be in the scope of prospective buyer only.

11.5 The sale value must be paid by Demand Draft drawn on any

Nationalized Bank payable at Mehsana only, in favor of “Mehsana

District Cooperative Milk Producers’ Union Limited”. Alternatively, it

can be remitted through RTGS in the bank details mentioned in the

Data Sheet.

12. Sale Agreement

12.1 Sale Agreement will be made between Union and the successful

Bidder. Unless and until the full and final payment is made and the

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 24 of 36

documentation of sale is completed the handing over of material will

not be made.

12.2 Delivery will be made in the name of the ORIGINAL BIDDER after full

payment of the entire sale price amount.

12.3 The purchaser shall bear all taxes, government and local charges /

fees payable if any as applicable in this transaction as per law as

amended from time to time. In addition to the sale consideration, it

shall be the responsibility of the highest bidder to pay applicable

Government charges and taxes if any for the time being in force.

12.4 In case of any default in taking possession of items for sale the buyer

shall be responsible for the costs incurred by Dudhsagar Dairy in

storing the items for during such periods of delay in taking

possession or payment of 2.5% of sales value per month towards

storing the items whichever is higher.

12.5 The buyer shall take possession of the material and shall take

delivery immediately/within agreed time limit. Beyond this time limit

the buyer shall be responsible for the costs incurred by Dudhsagar

Dairy in storing the items for during such periods of delay in taking

possession.

12.6 The items will be sold on ex-factory/warehouse basis where material

is presently stored at Buyer's own risk and cost. Buyer has to

arrange transportation and loading of material on its own.

13. Rights of Managing Director

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Sign and Seal of Bidder Page 25 of 36

Notwithstanding anything to the contrary contained elsewhere in this

document, the Managing Director of the Union shall have the powers

stated here:

13.1 The Board of the Union shall be at liberty to amend/modify/delete

any of the terms and conditions at his sole discretion as may be

deemed necessary or warranted in the light of the facts and

circumstances of the case without giving any further notice to the

bidders/purchaser and the bidders/purchaser shall be deemed to

have accepted such revised terms and shall accordingly be bound by

them.

13.2 The Managing Director shall also have the right to cancel / postpone

/ defer / annul the sale tender, whether before or after the scheduled

date of tender, without assigning any reasons and without prior

intimation / notice to the bidders.

13.3 The Managing Director shall have the absolute right to accept or

reject the bid or postpone or cancel the sale, as the case may be

without assigning any reason.

13.4 The Managing Director shall also be at liberty to cancel the sale

process / tender at any time before/after declaring the successful

bidder, without assigning any reason.

14. Arbitration Clause / Dispute Resolution Clause

14.1 It is expected that the parties shall attempt in the first instance to

resolve any dispute by amicable discussion within a period of 15

days of arising of the dispute. If the disputes persist and not

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 26 of 36

resolved by discussions, within the prescribed time, either party may

refer the dispute for resolution before a sole arbitrator, who shall be

mutually consented by both the parties. Arbitration proceeding shall

be held at Mehsana only.

14.2 Jurisdiction in case of all the disputes not resolved in the arbitration

or otherwise will be the courts in Mehsana only.

14.3 In case of any conflict between any Remarks / Terms & Conditions /

Notes stipulated in the Tender Document, the decision of Managing

Director, Mehsana District Co-operative Milk Producers’ Union

Limited would be final.

15. Disclaimer

15.1 The Bidder shall bear all its costs associated with or relating to the

preparation and submission of its Bid including but not limited to

preparation, copying, postage, delivery fees, expenses associated with

any demonstrations or presentations which may be required by

Mehsana District Co-operative Milk Producers’ Union Limited or any

other costs incurred in connection with or relating to its Bid. All such

costs and expenses will remain with the Bidder.

15.2 Mehsana District Co-operative Milk Producers’ Union Limited

reserves the right to reject all or any of the Bids without assigning

any reason whatsoever.

15.3 The Managing Director shall not be responsible in any way for any

third-party claims/rights/dues or existing and future encumbrances,

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liens, claims, charges and interest of whatsoever nature whether

known or unknown to the Managing Director.

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Annexure 1: Format of Price Bid Date: _________

To,

The Managing Director,

Mehsana District Co-operative Milk Producers’ Union Limited

Dudhsagar Dairy,

Highway, Mehsana – 384002

Subject: Final Price Bid against Tender for Sale of Skimmed Milk

Powder and White Butter

Reference: Tender No: MDCMPUL/2017-18/Sales/SMP-WB/1

Dear Sir,

In continuation to document submitted herewith, we quote the final bid of

Item Place of Production Quantity in

MT

Rate/MT

in Rs.

Rate/MT in Rs.

(in words)

SMP Mehsana

Rajasthan/Haryana

White Butter Mehsana

Rajasthan/Haryana

(Instruction: Strike out which is not necessary)

These are ex-factory/warehouse basic rate and applicable taxes on these

will be paid extra by us as per the terms and conditions set in the tender

and other relevant documents.

Yours sincerely,

Signature: Date:

Name of Bidder: Place:

Designation:

Company/Organisation:

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 29 of 36

Instruction: This document is required to be printed on letter head of bidder / bidder

organization and duly filled in, signed and stamped on each page by competent authority of

bidder organisation. Strike out which is not necessary

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 30 of 36

Annexure 2: Declaration by Bidder Date: _________

To,

The Managing Director,

Mehsana District Co-operative Milk Producers’ Union Limited

Dudhsagar Dairy,

Highway, Mehsana – 384002

Subject: Declaration

Reference: Tender No: MDCMPUL/2017-18/Sales/SMP-WB/1

Dear Sir,

In continuation to document submitted herewith I/We state that, I/We

have fully understood the tender document with General Terms &

Conditions of tender as well as the Special Terms & Conditions attached

with the tender which are returned herewith duly signed by me/us in

token of having accepted the same in toto and I/We have quoted the

amount keeping in view these terms and conditions. I/We fully agree that

once I/We have endorsed my/our signatures herein below, all conditions

whatsoever in whatever manner mentioned by me/us which may not be

acceptable to you/your Mehsana District Co-operative Milk Producers’

Union Limited shall be deemed to be withdrawn by me/us and I am/we are

fully aware that no grievance whatsoever shall be entertained by you,

The Earnest Money Deposit (EMD) payable by me/us against this

quotation is as follows:

Item Place of Production EMD

Amount

DD No./RTGS

Transaction No. Bank Date

SMP Mehsana

Rajasthan/Haryana

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 31 of 36

White

Butter

Mehsana

Rajasthan/Haryana

Total

My/Our PAN No.: Our GSTN No.:

My Bank Details for Returning EMD:

Name of the Bank: Branch:

Account Number: IFSC:

Account Type:

Signature of Bidder

Full name of Bidder:

Address & Contact Details:

Instruction: It has to be printed on letter head of bidder. Attach one cancelled cheque of

above mentioned your bank account.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 32 of 36

Annexure 3: Details of Bidder S. No.

PARTICULARS Details to be Provided by Bidder

1

Name of the Firm

Name of Partners/Directors of

Company/firm of Intending bidder

Brief Profile of Partners / Directors / Owner / Promoters (Attach separate sheet)

Address of the Applicant

Type of Person

Telephone Number:

Mobile No.:

Fax No.:

Email id:

2 Present profession of the Applicant (Please give details of the work being carried out).

3

Bank account details for refund of EMD (Attach one cancelled cheque)

Bank Account No.

Bank Name and Address

Bank Account Type

IFSC

4 Bank Statement of last six month of

main operating bank account

5

Earnest Money

Number, date and amount of DD

Bank on which DD is drawn.

Tender Fee

Number, date and amount of DD

Bank on which DD is drawn.

Unique Transaction Reference (UTR) number in case of payment through

NEFT/RTGS

6 PAN Card (Attach self-certified copy)

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 33 of 36

S.

No. PARTICULARS

Details to be Provided by

Bidder

7 GST No: (Attach self-certified copy)

8 Certificate of Incorporation or Registration of the Firm/Entity (Attach

self-certified copy)

15

Turnover during last three years in Rs. Crore (Attach last 3 years audited balance sheet)

Turnover in FY: 2016-17

Turnover in FY: 2015-16

Turnover in FY: 2014-15

Note: Attach separate sheets if required.

Place: Date:

I/We ………………………… applicant, in the capacity of ………………… do

hereby declare that what is stated above is true to the best of my/our

information and belief.

Signature of the Applicant

Full name of Bidder:

Stamp

Instruction: It has to be printed on letter head of bidder. Attach relevant documents

mentioned as above.

Tender No.: MDCMPUL/2017-18/Sales/SMP-WB/1

Sign and Seal of Bidder Page 34 of 36

Annexure 4: Specifications of Items for Sale

4.1 SMP Specifications Attributes Units Min. Max. Reference Method

Physical

Colour -- -- Creamy white IS: 13334 (Part 2):

1998 Texture (Aqqlomerated) -- -- Coarse

Scorched particle Per 25g -- Disc B IS: 13500:1992

Insolubility index ml -- 0.5 IS:12759:1989

Wettability (40°C) (Aqqlomerated) sec -- 25

NIRO-Analytical

Methods for Dry Milk Products: Section A 5a

Sensory

Flavour --

Clean and fresh

IS:13334 (Part 2):1998

Chemical

Protein (N X 6.38) MSNF basis % m/m 36 -- IS:7219:1973

Moisture % m/m 3.2 IS: 11623:2008

Fat % m/m 1 IS:11721:2005

Total Ash dry basis % m/m 8.2 IS: 1165:2002

Titratable acidity per 10g MSNF

ml of 0.1 N NaOH 16 IS: 1165:2002

Microbiological

Aerobic plate count cfu/g -- 5000 IS:5402:2012

Conforms Per g -- Absent IS:5401(Part l/ll):(2002/2012)

Yeast & Mould Per g -- Absent IS: 5403:1999

E.coli Per g -- Absent IS:5887(Part 1):1976

S aureus (coag.pos.) Per g -- Absent IS:5887(Part 2):1976 & (Part 8):2002

Salmonella & Shigella Per 25g -- Absent IS:5887(Part 3):1999 & (Part 7):1999

Anaerobic spore formers Per g -- Absent SP:18(Part Xl):1981

Listeria monocytogens Per g -- Absent IS:14988(Part 2):2002

Storage Condition and Shelf Life: Shelf life of the product is 12-24

months when stored under cool and dry condition. The product shall also

conform to any other requirements under the Food Safety Standard

Regulations, 2011 (as and when amended). Packing: 25 KG Bags

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4.2 White Butter Specifications

Attributes Units Min. Max. Reference Method

Physical

Colour --

White / Slight

Yellowish/

Yellowish IS: 13690:1992

Texture --

Compact, Uniform,

Smooth and not

Greasy / Oily

Despatch

Temperature 0C -- +40C As per SOP

Free Moisture -- -- Absent As per SOP

Sensory

Flavour and Taste Clean and

fresh IS:13690:1992

Visual moulds Absent As per SOP

Chemical

Moisture % m/m as -- 15.90 IS:3507:1966

Fat % m/m 82.00 -- IS:3507:1966

Acidity % m/m as LA -- 0.03 IS:3508:1966

Curd % m/m -- 1.50 IS:3507:1966

Microbiological

Aerobic plate count cfu/g -- 30000 IS:5402:2012

Conforms Per g -- Absent IS:5401(Part

l/ll):(2002/2012)

Yeast & Mould Per g -- Absent IS: 5403:1999

E.coli Per g -- Absent IS:5887(Part 1):1976

S aureus

(coag.pos.) Per g -- Absent

IS:5887(Part 2):1976

& (Part 8):2002

Salmonella &

Shigella Per 25g -- Absent

IS:5887(Part 3):1999

& (Part 7):1999

Anaerobic spore

formers Per g -- Absent SP:18(Part Xl):1981

Listeria

monocytogens Per g -- Absent IS:14988(Part 2):2002

Storage Condition and Shelf Life: Shelf life of the product is 9 months

when stored at -15°C or below. The product also conform to any other

requirements under the Food Safety Standard Regulations, 2011 (as and

when amended). Packaging: White butter is packed in 15kg in CBX. It is

wrapped in inner poly-liner and placed in corrugated box.

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Annexure 5: List of Documents to be attached

1. Tender document fee

2. The EMD (Earnest Money Deposit) by Demand Draft

3. Filled Price Bid as per format given in Annexure – 1.

4. The Declaration by the Bidder as per format provided in Annexure – 2

5. The Details of Bidder as per format provided in Annexure – 3 and

supporting documents

6. Original /Self-certified copies of documents specified in Annexures

7. Tender documents Signed and Stamped in each page by the bidder as

token of agreement of the terms and conditions thereto.

8. Incorporation documents /Memorandum and Articles of Association /

Registration documents of firm.

~ End of Tender Document ~