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अध्मऺ एभ.एभ.सी.का कामाारम, Office Of President MMC

ऺेत्रीम येर प्रशिऺण Zonal Railway Training

संस्थान, बुसावर Institute Bhusawal

No. MMC/Veg-Tender/2020-21/3 Date:- 14/10/2020

TENDER NOTICE FOR SUPPLY OF VEGETABLES TO MESS/ZRTI-BHUSAWAL

1. The President, Mess Management Committee, Zonal Railway, Training institute, Bhusawal invites open tenders in sealed cover, for the supply of Vegetables required for consumption in Zonal Railway Training Institute- Mess Bhusawal for the period of

One Year. Tender form will be sold from 17/10/2020 to 17.00 Hrs of 10/11/2020. The

tenders will be received up to 12.00 hours of 11/11/2020 and will be opened at 12.15

hours on the same date i.e. on 11/11/2020 in presence of Monitors/Trainee representative. The tenderer may be present, if they so desire, at the time of opening of the tenders. This tender Notice is also available on http://www.indianrailways.gov.in/.

2. Specification:-Vegetables should be of good quality, fresh & as per the specification mentioned in the schedule of rates form.

3. Quantity and Estimated Cost: - The requirement of Vegetables will be as per the tender schedule for the contract period. The estimated cost of the tender is

Rs.35,68,700/- (Rs. Thirty Five Lakhs Sixty Eight Thousand Seven Hundred only). However the quantity shown in the schedule may vary according to actual requirement. For this Purpose, daily indents will be placed on the contractor one day in advance, as stipulated in the contract documents. The requirement of Vegetables is purely approximate and may vary according to the requirement depending on the number of trainees attending at the Mess on day.

4. Rate:-The rates should be quoted in Rupees & Paisa per Kilogram for Vegetables. The quoted rates should be inclusive of cost of all material, taxes, levies, packing and delivery at Mess of ZRTI- Bhusawal. The rates should be quoted in figures as well as in words, otherwise the tenders may be rejected.

5. Sale of tender forms:- The cost of tender form will be Rs.3000/-(Non refundable). The

tender form can be obtained from this office during working hours from 17/10/2020 to

17.00 Hrs of 10/11/2020. The cost of tender forms Rs.3000/- can be deposited in cash in this office in the name of President of MMC/ZRTI/Bhusawal. The tenderer should ensure that all the pages of tender form and the terms and conditions of contract (Part A, B & C) are signed by the President/Vice President/Any Gazetted Officer of ZRTI/Bhusawal. The tender form received from this office without signature of ZRTI/Officers will not be valid. The tender form is not transferable. The application for each tender form must be accompanied with a Money Receipt of Rs.3000/-.

6. Tender form down loaded from Internet:- Tender document can also be downloaded from the website http://www.indianrailways.gov.in/. In case tender document are down loaded from website, the tenderer is required to deposit Rs.3000/- in cash in this office to the President of Mess Management Committee, ZRTI/BSL, or should be submitted along with tender documents in form of Demand Draft/Banker‟s Cheque of Rs.3000/- drawn from any Nationalized Bank or any Scheduled, Commercial Bank approved by Reserve Bank of India, in the name of President Mess Management Committee, ZRTI/BSL, failing which the tender will be summarily rejected.

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7. Earnest Money:-The tenderer will have to deposit an amount of Rs.71,380/- (Rs. Seventy One Thousand Three Hundred Eighty only ) i.e. equivalent to 2% of estimated cost towards earnest money in the form of Demand Draft/ Banker‟s cheque issued by any Nationalized Bank or any Scheduled Bank approved by Reserve Bank of India, in favour of President Mess Management Committee, ZRTI/BSL. These instruments should be attached with tender documents. Tender received without proper EMD will be summarily rejected.

8. Documents with tender form:- The tender form should be accompanied by the following documents,failing which the tender offer will not be considered.

a) Original Earnest Money documents & tender Cost documents. b) Copy of PAN card. c) Copy of Adhar Card. d) Copy of GSTIN Registration. e) Experience: Not compulsory. However, Tenderer may attach Eexperience Certificate if any,

with Tender Form. f) Copy of Valid Shop Act Registration/MSME-Udyog adhar Registration/valid equivlent

document/Certificate issued by competent authority for valid proof of having shop in the name

of tenderer irrespective of type of business. g) Certificate / license under FOOD SAFETY & STANDARDS ACT 2006 h) All the relevant documents submitted should be in single name i.e. clear title.

9. Sample:- As this is tender of perishable item hence sample is not required.

10. Laboratory Test:- The samples from the supply will also be subjected to the test at

Government or renowned laboratories for its food value, vitamins and fitness for human consumption. The frequency of laboratory test will be decided by the President-MMC, whose decision will be final & binding on the contractor. The cost of testing will be borne by the contractor.

11. Validity Period: - The tenderer shall keep their offer open for minimum period of 90 days from the date of opening of tender, so as to enable the Administration to finalize the tender.

12. Penalty:- The supply should be as per specification quoted in the schedule of rate form

and as per indents placed on the supplier from time to time. Part supply will not be accepted. The President, Mess Management committee, ZRTI/BSL may impose a fine up to Rs.5000/- on each occasion for non- supply/part supply or defective supply depending upon the gravity of occasion. The tender with the condition that supply will be subject to the availability of the item in the market, will not be acceptable.

13. The President Mess Management committee, is not bound to accept the lowest tender

and reserves the right to accept any tender as a whole or in parts or to reject any or all.

14. Negotiation:- In case the Tender Committee decides to negotiate with the lowest tenderer for any reason, the original offer will still be binding in case nothing materializes out of the negotiation.

15. Security deposit & Agreement:- The successful tenderer shall execute an agreement on a stamped paper of value of Rs.100/- within fifteen days from the date of receipt of acceptance letter. The successful tenderer will have to deposit S.D. @ 10% of the

contract value at accepted rate in the form of Deposit Reciept(FDR) or DD or Banker‟s cheque in favour of the President, MMC/ ZRTI/BSL before signing the contract agreement.

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16. Termination of contract:- The tenderer are also advised that in case there is any default with reference to the stipulation in the tender documents or they withdraw their offer within the period of 90 days or fail to execute necessary documents within the period indicated in the acceptance letter issued to them, the amount of earnest money deposited along with the tender is liable to be forfeited.

17. President MMC/ZRTI may terminate the contract by giving 48 hrs notices in case of

unsatisfactory performance of the contractor.

18. Payment:-The bills for supply of items as per scheduled rate list should be submitted monthly before 10th date of following month (once in a month) in duplicate to this office, after certification of quantity by the catering Supervisor, ZRTI/Mess. The same will be passed by MMC/ZRTI/BSL through Cheque .

19. In the contract awarded for supply of Vegetables, the variation up to 25% on either side is permissible at any time. Reasonable notice will be given in writing of any such increase/ decrease to the contractor at the same rates.

20. Inspection clause:- Vegetables supplied by the tenderer will be accepted only after inspection of the Vegetables by the authorized representative of MMC and his certificate for good quality of the material received at ZRTI/Mess, material rejected by the Inspector of MMC will not be accepted and tenderer have to take back the same at his own expenses i.e. transportation, storage etc.

21. Extension of contract:- Contract may be extended temporarily for a short period till

finalization of new tender in case of delay in fresh tendering with consent of the Contractor and the President, MMC/ZRTI/BSL.

पे्रसीडेंट

भेस भॅनेजभेन्ट कभेटी

ऺे.ये.प्र.सं. बुसावर

C/-DRM/BSL, CMS/BSL, Stn. Manager BSL, Stn. Manager Jalgaon, Stn. Manager Khandwa, Stn. Manager Burhanpur & Catering Supervisor ZRTI/Mess BSL for information and for giving wide publicity by pasting this Notice on their Notice Board.

पे्रसीडेंट

भेस भॅनेजभेन्ट कभेटी ऺे.ये.प्र.सं. बुसावर

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SCHEDULE OF RATE FORM

Tender for supply of Vegetables to MMC Zonal Railway Training Institute, Bhusawal for the period of One Year invited vide tender notice No. MMC/Veg-Tender /2020-21/3 dated 14/10/2020.

S. N.

Specification of Articles

UNIT Appr. Qnty.

Rates Per Unit

In fig. Rs. Ps.

In words. Rs. Ps.

1 अदयक (Ginger) Kg. 3200

2 रहसुन (Garlic ) Kg. 3200

3 धननमा हया बफना जड़ वारा ( Dhaniya Green )

Kg. 2500

4 हयी शभर्ा (Chillies green ) Kg. 7500

5 टभाटय Tomato Ripe(Fresh,

betn. 12 to 15 Nos per Kg.

Kg. 35000

6 कड़ी ऩतत्ा Kadhi Patta Kg. 200

7 ऩोदीना हया Pudina Green Kg. 150

8 नींफ ूLemon(Juicy Not more

than 30 Nos./ Kg.)

Kg. 2000

9 गाजय (Carrots) Without

leaves

Kg. 5000

10 भूरी ताजी Mooli Soft Kg. 5000

11 ककड़ी ताजी भीठी Kakadi(Soft

& Sweet)

Kg. 6500

12 फैंगन (Brinjals) Kg. 5000

13 रौकी ताजी (Bottle Gourd ) Kg. 6500

14 शबडंी (lady Finger) Kg. 3500

15 कद्द ू(Pumpkin Red ) Kg. 5000

16 शिभरा शभर्ा (Simala Mirch ) Kg. 2500

17 पूर गोबी सपेद Cauliflower

without stem & leaves

Kg. 7500

18 ऩत् ता गोबी (Cabbage ) W/o

stem

Kg. 2500

19 हयी ऩत् तों की सब् जीमा (Palak,

Methi etc.W/o roots)

Kg. 7500

20 टटडंा Tinda (soft & small) Kg. 3000

21 कयेरा Bitter Guard Kg. 2500

22 अफी Arbi Kg. 3200

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23 प् माज Onions(W/o Leaves

not more than 20 Nos/Kg.)

Kg. 25000

24 आर ूPotatoes(Not more

than 15 Nos./kg.)

Kg. 40000

25 गगरक्ी Gilki(11 to 15

Nos/Kg. but not less than 11 Nos.)

Kg. 3200

26 भटय पल् री ताजी Peas

Green

Kg. 5000

27 कुनरु/टोंडरी (Kunaru/Tondali) Kg. 800

28 र्कंुदय/फीट (Beet) Kg. 250

Date:- Signature--------------------------------- ------------------------------------

------------------------------------

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To, The President of MMC, ZRTI BHUSAWAL

1. I/We here by submit the above quotation and engage to supply the MMC, ZRTI Bhusawal with the articles specified above at the rates and prices quoted and in the event of my/our tender being accepted, I We agree to abide by the conditions stipulated in the tender booklet supplied to me/us under the President, Mess Management Committee, ZRTI/Central Railway, Bhusawal‟s Letter Number

MMC/Veg-Tender/2020-21/3 dtd. 14.10.2020.

2. I/We have read carefully and understood all the instructions, conditions and specifications etc. incorporated in the Tender Notice and Part-„A‟, „B‟ & “C” and am/are fully aware of the quality of the goods required and shall carry out the work strictly in accordance with the requirement.

3. The acceptance of the offer by the President, MMC/ZRTI/Central Railway, Bhusawal either wholly or as to a part only of the commodities and quantities thereof as set forth in the schedule, shall constitute a binding contract between me/us and the President/MMC/ZRTI /BSL Central Railway to make the supply of commodities and quantities thereof in respect of which my/our offer is accepted on the Prescribed conditions of contract.

Date:- Signature--------------------------------------

Tender/Firms Name-------------------------

---------------------------------------------------

Address ------------------------------------------

----------------------------------------------------

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TENDER FORM To, President MMC, ZRTI Bhusawal, (Mess Management Committee, Zonal Railway Training Institute Central Railway Bhusawal) 1. I/We-------------------------------------------------------------------have read the all conditions

of tender attached hereto i.e. Part „A‟, „B‟ & “C” and hereby agree to abide by the said

conditions. I /We also agree to keep this tender open for acceptance for a period of 90

days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my /our “Earnest Money Deposit”, I/We offer to do work/effect supplies of Vegetables at the rates quoted in the attached schedule and hereby bind myself/our self to complete the work/supplies up to contract period and effect the supplies as and when ordered from the date of issue of letter of acceptance of the tender. I/We also hereby agree to abide by the general conditions and special conditions of the contract and

to carry out the work and effect the supplies according to the specifications for work and materials laid down by the President-MMC for the Present contract.

2. A sum of Rs.------------------------------------------------------------------as EMD is hereby

submitted vide DD No----------------------------------------------issued by ----------------------------------------------------------------------------------------. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if:

a) I/We do not execute the contract documents within stipulated days after receipt

of notice issued by the President-MMC/ZRTI,Bhusawal that such documents are

ready or, b) I/We do not commence the work within the period specified in the acceptance

letter.

3.Until a formal agreement is prepared and executed acceptance of this tender shall constitute a binding contract between us, subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my /our offer for this work.

Signature of witnesses:

1) Signature of contractor/s Date: 2) Address:------------------------------

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Office of the President MMC/Zonal Railway Training Institute Bhusawal, Warranty form VI-A under Rule 12A of PF Act: Notice No. Place Date: From ------------------------------------------------------ To President, Mess Management Committee, Zonal Railway Training Institute, Bhusawal

Date of sale Nature and quality of Articles

Quantity Price Remarks

1 2 3 4 5

1) I, the under signed hereby give a warranty regarding quality of the material which will be supplied to Messes/Catering Stores, Zonal Railway Training Institute, Bhusawal.

2) I am prepared to give three samples duly sealed and signed by me and received in

presence of two witnesses for testing of, the materials supplied each time. 3) I understand that I shall be responsible for the adulteration, if any noticed after the

analysis of the sealed samples. 4) I also understand that out of three samples one will be given to me, one will be retained

with the receiver of these materials and the third will be sent for testing by Railway Laboratory/ Public Analyst State Government.

5) This has a reference to tender/quotation dated---------------------------- given by me for supply of -------------------------------------------------------

--------------------------------- Signature of the supplier

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Part- ‘A’

INSTRUCTIONS TO TENDERERS

1. Please read the general conditions & special conditions of contract in Part “B” & “C” carefully.

2. The rates quoted in the tender should be in new Indian Coinage and both in words and figures against each separate item shown in the Schedule.

3. Any alternation of or addition to, these conditions of tender will render the offer null and void.

4. No alteration in rates, or use of white ink (whitener) anywhere shall be allowed unless it has been initialed by the tenderer before the submission of his tender.

5. No item, the unit of which has been altered, will be considered. Such alteration will render the offer null and void.

6. Please make sure that the tenders reach this office on the due date before the specified time.

7. The tender should be sent in a properly sealed cover duly signed by the tenderer giving full postal address.

8. The tender should be accompanied by a money receipt for the Earnest money deposited with the Railway as specified in the tender notices. The tenderer/tenderers also agrees/agree to abide by this tender for a period of 90 days from the date fixed for opening the same and in default of his/their so doing will make him /them liable for forfeiture of his/their Earnest money.

9. Documents with tender form:- The tender form should be accompanied by the following documents,failing which the tender offer will not be considered.

(a) Original Earnest Money documents & tender Cost documents.

(b) Copy of PAN card. (c) Copy of Adhar Card. (d) Copy of GSTIN Registration. (e) Experience: Not compulsory. However, Tenderer may attach Eexperience

Certificate if any, with Tender Form. (f) Copy of Valid Shop Act Registration/MSME-Udyog adhar Registration/valid equivlent

document/Certificate issued by competent authority for valid proof of having shop in the name of tenderer irrespective of type of business.

(g) Certificate / license under FOOD SAFETY & STANDARDS ACT 2006 (h) All the relevant documents submitted should be in single name i.e. clear title.

10.A) Earnest Money: The tenderer shall be required to deposit a sum of Rs.71,380/-(Rs. Seventy One Thousand Three Hundred Eighty only ) with the tender as Earnest Money for the due performance of the stipulation to keep the offer open till such date as might be specified, in the tender. It shall be understood that the tender documents have been sold/ issued to the tenderer and the tenderer is permitted to tender in consideration of the stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the President Mess Management Committee, Zonal Railway Training Institute of Central Railway.In case the tenderer withdraws his offer or fails to undertake the contract after acceptance of his tender the full earnest money shall be liable to be forfeited.

10.B) The Earnest Money, deposited by the successful tenderer/tenderers will be retained towards the security deposit for the due and faithful fulfillment of the contract but shall be forfeited if the contractor fails/ contractors fail to execute the Contract Agreement or start the work within a reasonable time (to be determined by the President Mess Management Committee, ZRTI) after notification of the acceptance of his/their tender/s.

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Part- ‘A’

11. No representation of any kind whatsoever for revision of tendered rates during the currency of the contract on the plea of fluctuation in the market rates will be entertained.

12.If the tenderer fails to observe or comply with the foregoing stipulation, the amount deposited as security for the due performance of the foregoing stipulation shall be forfeited. If the tender is accepted, the amount deposited as security for the due performance of this stipulation to keep the offer open will be held as security deposit for the due performance of the contract. The amount specified in the tender will, save herein before provided, be returned to other tenderers but the purchaser shall not be responsible for any loss or depreciation that may happen there to while in their possession nor be liable to pay interest thereon.

13. In case any commodity tendered for, is controlled (in its movement or the rate at which it should be sold) by State Govt. the tendered rate or the controlled rate whichever is less, will apply.

14.Acceptance or rejection of tenders is left entirely to the discretion of the President, Mess Management Committee, Zonal Railway Training Institute, Central Railway Bhusawal and no explanation can be demanded by tenderer / tenderers of the cause of rejection of his/ their offer/ offers. The president-MMC is not bound to accept any tender for whole or part of the supply mentioned in the schedule. The President-MMC may reject any tender without assigning any reason whatsoever.

15.The rate quoted in tender should be inclusive of all cost of packing, transportation, taxes & for supply at mess, ZRTI/BSL and therefore, no claim for any other cost or tax will be admitted at later stage on any ground whatsoever.

16.Tenderer should submit the tender on the prescribed form duly filled in, signed and in sealed cover addressed to President, Mess Management committee, ZRTI/Bhusawal super scribed as - “Tender form for supply of Vegetables’’ for the period of One year. The tender dispatched by post should reach this office within stipulated date and time. Quotation must be given in the schedule only and any quotation remarks submitted in a separate letter will not be considered.

17. Any individual or individuals signing the tender or other documents connected with the contract should specify whether he is signing:- i) As „Sole proprietor‟ of the firm or his attorney, or

ii) As a partner of the firm or his attorney, or iii) For the firm per procuration.

In case of limited companies, and firms registered under Indian partnership Act, the capacity in which the tenderer is signing should be specified, (e.g.) Director, Managing Director, Manager, Secretary, Partner or Attorney as the case may be. Copy of the document empowering the individual or individuals to sign should be produced, if required. In case of unregistered firms all the partners, or an attorney duly authorized by all of them or the duly authorized manager of the firm should sign the tender and all other connected documents.

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Part- ‘A’

18.(a) Rates quoted must be net for the unit mentioned in each case and must be inclusive of all applicable taxes and cost of packing, transportation/delivery and incidental charges for supply at Mess-ZRTI/Bhusawal.

(b)Payment will be made to the supplier only on the basis of net weight of the Supplied commodity.

19. If a tenderer/ tenderers deliberately gives/ give wrong information in his/ their tender/s, the President, MMC/ZRTI/BSL reserves the right to reject such tenders at any stage.

20. If a tenderer expires after submission of his tender, the President, MMC/ZRTI/BSL shall deem such tender as cancelled. If a partner of firm expires after the submission of their tender or after the acceptance of their tender, the President, MMC/ZRTI/BSL

shall deem such tender as cancelled unless the firm retains its character. 21. Non- compliance with any of the conditions set forth above is liable to result in the

tender being rejected.

22. If the tenderer has any doubt about the meaning or implication of any condition or terms in this tender, he is advised to have the doubt or the ambiguity clarified before submitting the tender. No such doubt or any clarification sought after submission of the tender will be entertained.

***

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Part- ‘B’

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS:- Throughout these conditions and in specifications:-

a) MMC means Mess Management Committee, Zonal Railway Training Institute, Bhusawal, a Private Body managing the mess of ZRTI Bhusawal.

b) “Purchaser” Means the President, Mess Management Committee, Zonal Railway Training Institute, Bhusawal.

c) “Indentor” Means any officer authorized by the Purchaser to order stores.

d) “Inspecting Officer” means the person/persons nominated by the purchaser to inspect the stores on his behalf.

e) “Contractor” means the person, firm or company with whom the order for the supply has been placed.

f) “Sub- Contractor” means any person, firm or company from whom the Contractor

obtains material to be used in the supply of stores

2. Contract:- This contract is for the supply of the stores of the descriptions mentioned in the tender and in the quantities set fourth in the indents placed with the Contractor from time to time by the Indentor on the date or dates specified therein. The contract will normally be valid for period of 01 (One) year, but it is left entirely to the entire discretion of the purchaser to allot the contract for any period lesser than it while accepting the tender.

3. Security Deposit:- Unless otherwise agreed between the purchaser and the Contractor, the contractor shall within 15 days after written notice of acceptance of tender, deposit with the MMC,

ZRTI/Bhusawal in the form of Deposit Reciept(FDR) or Demand Draft/Banker‟s Cheque in favour of President-MMC,ZRTI-Bhusawal equivalent to 10% of contractual value on accepted rate as security deposit for the due fulfillment of the contract. No interest shall be payable on the security deposit. In the event of the contractor‟s failure to make a security deposit in the manner aforesaid the purchaser shall be entitled to forfeit any money lodged with the tender by the contractor and to cancel the acceptance of tender.

4. Delivery:- The contractor shall, as may be required by the purchaser deliver the stores on an indent placed by the purchaser or his representative at the place specified in the contract. The rate quoted is for the net weight and inclusive of all charges including delivery. The stores shall be delivered not later than the date and time specified in the indent. No supplies shall be deliverable on Sunday and public holidays unless otherwise specially directed in writing to effect such delivery.

5. Transport export and import permits: No transport facilities will be arranged by the Administration and all export or import permits or license of any nature as may be required should be secured by the contractor.

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Part- ‘B’ 6. Extension of time for delivery:-

The date and time or the extended date and time shall be deemed to be the essence of the contract and if the contractor fails to effect the supply within the time prescribed, the purchaser shall if satisfied that the supply can be effected by the contractor within a reasonably short time be entitled, without prejudice to any other right or remedy available in that behalf, to recover by way of ascertained and liquidated damages a sum equivalent to one half of one percent of the contract value of each supply or part thereof and allow the contractor such further extensions of time as the purchaser may decide. In case of repeated failures at the date and time or extended date and time the purchaser shall be entitled without prejudice to any other right or remedy available in that behalf to apprehend the contractor‟s security deposit and rescind the contract in part or whole whether or not actual damage is caused by such default.

7. Specification:-

Articles supplied should be of good quality and of the exact kind, quantity and description required as per indent.

8. Time and place of delivery is the essence of the contract:-

The supply should be affected within 24 hours of the receipt of the indent normally during working hours. In the event of failure to effect delivery on the date and time specified or on such extended date and/or time as may be agreed to under clause 6, the purchaser shall be entitled to purchase elsewhere on the account of and at the risk of the contractor the entire quantity indented or any part thereof and or to cancel the contract in part or whole and the contractor shall be liable for any loss or damage which the purchaser may sustain by reason of such failure on the part of the contractor.

9. Inspection:-

The purchaser or representative authorized by him shall be entitled to inspect the stores before delivery without notice.

10. Execution of the contract:-

The whole contract is to be executed in the most approved manner to the entire satisfaction of the purchaser who, both personally and by any representative appointed on his behalf, shall have power to reject any of the stores which he may disapprove and the purchaser‟s decision thereon and on any question as to the true intent and meaning of the specification of the stores shall be final and conclusive.

11. Samples:-

This tenderer is for perishable items, hence sample is not required to be submitted with tender offer.

12. The contractor shall at all times indemnify the purchaser against all claims which may be made in respect of loss or damage of the said stores for infringement of any right protected by patent Registration of design or trade mark provided always that in the event of any claim in respect of an alleged breach of a patent, Registered design or Trade Mark being made against the purchaser, he shall notify the Contractor of the same, and the Contractor shall be at liberty, but at his own expense, to conduct negotiations for settlement or any litigation that may arise there from.

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Part- ‘B’ 13. Subletting of contract:-

The contractor shall not sublet or assign the contract or any part thereof without the written permission of the purchaser. In the event of the Contractor‟s sub-letting or assigning this contract or any part thereof without such permission, the purchaser shall be entitled to cancel the contract and to purchase the stores elsewhere on the contractor‟s account and risk and the contractor shall be liable for any loss or damage which the purchaser may sustain in consequence or arising out of such purchase.

14. Removal or rejections and replacement:-

When any stores delivered for inspection are rejected by purchaser they shall be removed by the Contractor immediately. In the event of failure to remove them they shall lie at the contractor‟s risk from the date of such rejection. If not removed within 14 days of rejection and in case of perishable articles immediately on rejection the

purchaser shall have a right to dispose of such thing as he thinks fit at the contractor‟s risk and on his account.

The replacement of the rejected supplies will be allowed only if the replacement can be completed on or before the delivery date and time specified in the indent or any extended date and time agreed to by the Indentor. In the event of the failure on the part of the contractor to replace the rejected commodities on or before the due date and time prescribed in the indent or the extended date and time, the purchaser shall be entitled to cancel the order and to purchase from elsewhere the quantity of goods/articles required, on the contractor‟s account and at his risk and the contractor shall be liable for any loss or damage which the purchaser may sustain in consequence of or arising out of such purchase. The purchaser shall without prejudice to the other right and remedies, be entitled to recover any such loss or damage from the contractor‟s bill or security deposit.

15. System of payment:-

Unless otherwise agreed to between the purchaser and the contractor, payment for the supplies made, will be made by MMC, ZRTI/BSL. The bills for supply of items as per schedule rate list should be submitted monthly before 10th date of the following month (once in a month) in duplicate to this office. After certification of quantity by the catering store clerk, the same will be passed by MMC/ZRTI/BSL through Cheque .

16. No Claim certificate:-

The contractor shall not be entitled to make any claim whatsoever against the purchaser under or by virtue of arising out of this contract nor shall the purchaser entertain or consider any such claim made by the contractor after he shall have signed a “No Claims Certificate” in favour of the purchaser in the following manner- “ I, the contractor------------------------------------------------- have included all items of supply correctly and shown the cost thereof at the contract rates in this last and final bill of my contract and no amounts remain to be billed for in connection with the supplies made under terms of the contract”.

-------------------------------- (Signature of the Contractor) Date:-

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Part- ‘B’

17. Refund of Security deposit:

The amount of security deposit deposited by the contractor will be refunded only after satisfactory completion of the contract and payment of all dues of the purchaser on the submission of “No Claim Certificate” by the contractor.

18. Bribes, Commission etc:-

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the contractor or his partner, agent or servant, or any one of his or their behalf to any Officer, servant, representative or agent of the purchaser or the Government of India or any person on his or their behalf in relation to the obtaining or to the execution of this or any other contract with the purchaser shall, in addition to any criminal liability which he may incur, subject the contractor to the cancellation of this and all other contracts and also to payment of any loss or damage resulting from such cancellation to the extent as is provided in cases of cancellation under condition thereof and the purchaser shall be entitled to deduct the amounts so payable from any money otherwise to the contractor under this or any other contract with the President of India. Any question or dispute as to the Commission of any offence under this condition shall be settled by the purchaser in such manner as he shall think fit and sufficient and his decision shall be final and conclusive.

19. Termination of contract:

(a) This contract may be terminated by President MMC at any time if it becomes necessary in the interest of Mess/ZRTI-Bhusawal or as a punitive measure due to non-compliance of any stipulated contract condition on the part of contractor or violation of any time being regulation of government or any other competent authority, by giving 48 hours notice in writing to the contractor of the intention to do so by leaving the same at the last known address of the contractor or upon the premises, the subject of this agreement at the option of the Administration and neither the contractor nor any other person shall be entitled to any damages or compensation on account thereof not withstanding that the contractor acting upon the contract may have executed any work of a permanent character and incurred expenses in the execution thereof and notwithstanding that the contractor is evicted whether through his own default or not before having fully enjoyed, under this contract the privileges hereby granted. If the contract is terminated due to default of contractor, the security deposit will be forfeited by MMC/ZRTI-Bhusawal.

(b) This contract may be terminated at any time by the contractor by giving 60 days

advance notice in writing duly indicating the reasons thereof and the same should be acceptable to the authority executing the contract i.e. President , MMC/ZRTI/BSL and should be beyond control of the contractor.

(c) This contract may be terminated at any time by the President, Mess Management Committee/ZRTI-Bhusawal by giving 30 days advance notice in writing without assigning the reasons thereof if deemed necessary to safeguard the interest of MMC and the same should be acceptable to the contractor .

(d) In case of abovementioned situations (b) & (c), the security deposit of the contractor

will be refunded after deducting the MMC dues if any.

16

Part- ‘B’

20. Summary termination of the contract agreement:-

Upon breach by the contractor of all or any terms hereof and/ or if in the opinion of the purchaser, the contractor or his staff is not discharging his obligations under the contract in a satisfactory manner and/ or if in the opinion of purchaser or other Officers duly authorized in this behalf on a complaint made by purchaser‟s staff of the Zonal Railway Training Institute-Bhusawal, including the trainees attending the Institute be substantiate, the Purchaser may at his discretion impose a penalty not exceeding Rs.5,000/- for each default which the contractor agrees to pay or may summarily and without notice or compensation at any time during the period of this agreement and without prejudice to any other rights or remedies to which the purchaser may be entitled under this agreement or by Law cancel forthwith those presents and forfeit all license fees and other sums (security deposit) that they have been paid by the contractor hereunder. Upon the cancellation of these presents in the

manner aforesaid the contractor shall forthwith vacate the premises of the purchaser and remove all his property there from.

21. Arbitration:-

Save as otherwise provided, if any question, difference or dispute shall arise at any time between the purchaser and the contractor touching the supply effect or meaning of anything contained in these pre-exists or as to any, contract, or concerning the rights, duties or obligations of any persons under this contract or as to any other matter in any manner arising out of this contract, the same shall be referred to, settled and decided by the sole arbitrator appointed by the General Manager, Central Railway Mumbai and his decision shall be final and conclusive and the reference of such questions, difference or dispute to him shall be deemed to be a submission under the Indian Arbitration & Conciliation Act. 1996/ Indian Arbitration & Conciliation (Amended) Act. 2015 or any statutory modification thereof for the time being in force.

21 (A) The arbitrator/arbitrators/ umpires so appointed as the case may be, shall give the awards on all matter referred to arbitrator indicating therein break-up of the sums awarded separately on each individual items of dispute. Arbitration fees shall be borne by both the parties equally.

22. Notice:-

Any notice required to be served by the purchaser upon the contractor shall be deemed to be sufficiently served if signed by the President, MMC/ Zonal Railway Training

Institute, Central Railway, Bhusawal and delivered, left or sent by Registered post addressed to the contractor at his last known place of business.

Any notice to be served by the contractor upon the administration shall be deemed to be sufficiently served if signed by him and delivered, left or sent by the registered post addressed to the President, MMC/ Zonal Railway Training Institute, Central Railway, Bhusawal.

23. Marginal Notes:-

Marginal notes, index, catch words or Clause headings herein shall not be deemed to be any part of this contract and are inserted only to facilitate reference.

24) All costs and expenses of and incidental to the preparation and completion of the contract agreement including stamp duty shall be borne and paid by the contractor.

25) Specification: - As mentioned in schedule of rates form.

17

Part- ‘C’

Special condition of the contract

1. No tender will be considered as valid unless it is accompanied by proof of having deposited the requisite Earnest Money of Rs.71,380/- (Rs. Seventy One Thousand Three Hundred Eighty only) either in DD or Banker‟s cheque issued by nationalized or scheduled bank in favour of President- MMC, ZRTI- Bhusawal.

2. The tender forms can be obtained from this office on application on any working day during prescribed period. The value of each tender form is Rs. 3000/-. The application for each tender form must be accompanied with a money receipt of Rs.3000/-.

3. The tenderer should ensure that all the pages of tender form and terms and conditions of contract etc. are signed by the President/Vice President/Any Gazetted Officer of Zonal Railway Training Institute, C.Rly. Bhusawal on top of each page. The tender form will be

sold from 17/10/2020 to 17.00 hrs. of 10/11/2020 during office hours. The form without the signature and date of President /Vice President/Any Gazetted Officer of ZRTI/BSL will not be treated as valid.

4. Any Amount (tender Cost, EMD or Security Deposit) will not be accepted in the form of cheque.

5. Where copies of the certificates are enclosed, it should be ensured that they are certified

as “True copies” and attested by Gazetted officer. If not, the decision will be taken by the tender committee.

6. The President-MMC,ZRTI-Bhusawal is not bound to accept the lowest or any tender and reserves the right to accept any tender as a whole or in parts of the supplies mentioned therein above or to reject any or all tenders without assigning any reason therefore.

7. The rates quoted should be in Rupees and paisa per Kg. for the quality, the tenderer/s

desires to supply

8. The tenderer shall keep their offer open for a minimum period of 90 days so as to enable the administration to finalize the tender. 90 days will be counted from the date of opening of the tender. Tenderer must quote their full address/contact number.

9. The tenderer may be present, if they so desire, at the time of opening of the tenders.

10. The tenderer should submit the tender form in the tender box at the office of President

/MMC, ZRTI/BSL in a sealed cover up to 12.00 hours on 11/11/2020 super scribed as - “Tender form for supply of Vegetable ’’ for the period of One Year.

11. The tenderer is also advised that in case there is any default with reference to the stipulation in the tender document or they back out of their offer within the period of 90 days or fail to execute the necessary documents within the period indicated in the acceptance letter issued to them, the amount of earnest money deposited along with the tender is liable to be forfeited.

12. If the President-Mess Management Committee decides to negotiate with the lowest tenderer for any reason, the original offer will still be binding in case nothing materializes out of the negotiation.

18

Part ‘C’

13. In the Contract awarded for supply of all commodities the variation up to 25% on either side is permissible at any time, reasonable notice will be given in writing of any such increase/ decrease to the contractor.

14.Contract may be extended temporarily for a short period till finalization of new tender in case of delay in fresh tendering with consent of the Contractor and the President, MMC/ZRTI/BSL.

15. Death of contractor: In the event of death of contractor during the currency of contract,

the legal heirs and/or successors of the contractor may be allowed to continue the contract for the unexpired period of the contract and indemnify the mess committee for all the obligations under this contract.

16. Any change in terms and conditions of the contract may be done by mutual agreement of

President, MMC/ZRTI-BSL and the contractor. 17.This Tender document includes total 18 pages marked from page no 1 to 18 at bottom. Entire

tender document should be submitted with signature of tenderer on botom of each page.

Contractor प्रेशसडेंट ठेकेदाय President

भेस भॅनेजभेट कशभटी Mess Management Committee

भ.ये. ऺे. ये. प्र.स. बुसावर C. Rly. ZRTI Bhusawal

END OF THE TENDER FORM