TENDER DOCUMENTS

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1 TENDER DOCUMENTS FOR Seed Treating Chemical Cost of Tender Documents Rs. 6,000/- + 5% VAT Directorate of Agriculture and Food Production, Odisha Bhubaneswar

2 DIRECTORATE OF AGRICULTURE & FOOD PRODUCTION, ODISHA, BHUBANESWAR SHORT TENDER CALL NOTICE Director of Agriculture and Food Production Odisha, Bhubaneswar invites sealed tenders in the prescribed form from the reputed manufacturers for fixation of price for supply of Seed Treating Chemicals to different DDAs/DAOs under all Schemes of the Directorate of Agriculture & Food Production, Odisha during The last date of receipt of complete tender is and will be opened on at 11,00 AM in the presence of the concerned tenderers or their authorized representatives and the members of the Tender Committee in the Mini Conference Hall of Directorate of Agriculture. For Tender Form and other details please visit our website http/ / http/www:orissa.gov.in The authority reserves the right to reject/cancel the tender in full or part without assigning any reasons thereof. Sd/-Dr. P.K. Meherda, IAS Commissioner-cum-Director, Agriculture &Food Production, Odisha

3 TENDER DOCUMENTS WITH TERMS OF CONDITIONS FOR Seed Treating Chemicals (Under all schemes of Directorate of Agriculture & Food production, Odisha) (Product details are given in Schedule /Annexure). Tender Notice No. 632 (1) /15-16/Agrl/PP Date : 14/05/2015 DISCLAIMER: The information contained in this document provided by or on behalf of the Director of Agriculture & Food Production, herein after known as DA & FP (O), are based on the terms and conditions set out in this tender Document. The purpose of this document is to supply with information that may be useful to prospective bidders in making their offers pursuant to the Tender Document. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. DA&FP(O),or its employees make no representation or warranty and shall have no liability to any company/person, including any Bidder under any law, statute, rules or regulations or tort, for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this tender document or otherwise. DA&FP(O) may in its absolute discretion reserves the right to reject, cancel, terminate, change or modify all or any part of the tender at any time without assigning any reason whatsoever or providing any notice and without accepting any liability for the same. The companies interested to compete shall bear all its costs associated with or relating to the tender. Submission of offer (Tender) document by the tenderer shall be deemed to have been done after careful study and examination of the document. The proposal should be responsive and complete in all respects. Consideration of substantially responsive proposal shall be the prerogative of the DA&FP(O) if found otherwise suitable for the department.the terms and phrases in the following categories are used interchangeably and their derivates are synonymous within each category: a) Tenderer, Bidder, Manufacturer, Company, Agency, Supplier, Firms, Person etc. b) Tendering authority, Directorate, Department, Organization c) Tender, Application, Bid, Proposal, EOI, RFP, IFB Sd/-Dr. P.K. Meherda, IAS Commissioner-cum-Director, Agriculture &Food Production, Odisha

4 1. COST OF TENDER PAPER : In response to Tender Call Notice the Tender papers can be downloaded from web site or cost of the tender paper including VAT is Rs 6,300/-(Rupees Six Thousand three hundred ) only which is non -refundable. The manufacturers should use only one tender form and must enclose a crossed Demand Draft (DD) for Rs.6,300/- in favour of the Director of Agriculture & Food Production, Odisha payable at Bhubaneswar while submitting the tender documents in the prescribed Tender forms. The duly filled and sealed tender documents may be dropped at office of the Deputy Director of Agriculture (Plant Protection), Baramunda, Bhubaneswar-03 on any working day up to If the tender is sent by Post, care should be taken to send by Registered Post so as to reach this office before closing date and time. This office is not liable in case of loss of tender document or delay in receipt of the same. 2. Document not accompanied with DD will summarily be rejected. 3. The last date of submission of complete sealed tenders is PM and the date of opening of tender is at AM 4. Place of opening of bids is at Mini Conference Hall, Directorate of Agriculture 5. The manufacturers having the CIB registration certificate, valid manufacturing license,defined technical source for their product(s) and having annual turnover of 40% of the tendered value are only eligible to participate in the tender. (Please see 8b for approx. tender value). 6. Tenders will be opened on the date, time and venue as mentioned below in the presence of the tenderer or their authorized representatives and members of the tender committee. In case the due date for tender opening and submission happens to a holiday or office closed due to some reason the tender will be opened on the next working day. Schedule of Programme Date Time Venue Last date of Submission of Tender Documents Date Time-up to 5.00 PM Office of the DDA ( PP) Barmunda Opening of Tender Documents by the Tender Committee Date Time AM Mini Conference of Directorate of Agriculture & Food production, Odisha Scrutiny of Technical Bids by Technical Committee. Opening of Price Bids by Tender Committee Date Time AM Do Date Time 3.30 PM do 7. The tender received beyond the due date and time will be liable for rejection. 8. EMD & Security deposit: a) Concerned Firms should deposit EMD as per clause 8 b in shape of Demand Draft (original) drawn in favour of Director of Agriculture & Food Production, Odisha payable at Bhubaneswar. No request for transfer of any previous deposit and adjustment of earnest money from any claim payable will be entertained. Tenders without EMD in shape of B.D will not be considered under any circumstances. b) The EMD is to be submitted as mentioned below.

5 Sl No Name of the trade groups / products Approximate estimated tender value during EMD amount to be deposited separately for each trade group (Rs ) (Rs. ) A Seed Treating Chemicals 1 Carbendazim 50%WP 50,00,000/- 75,000/- 2 Thiram 75%WS c) Tender without EMD will be rejected. d) No interest will be claimed against the EMD. e) In case of successful tenderer /bidder if the supplies are made as per the accepted programme the EMD will be refunded after successful implementation of the supply order and on receipt of a letter from concerned DDAs/OAIC. However, the EMD is forfeited in the event of successful tenderer, in case, if he does not accept the supply order and alternative arrangements will be made for procurement of such product. f) In case of unsuccessful tenderer/bidder the EMD is refundable after seven days and not later than 30 days after completion of tendering process. g) Small Scale Industries registered with the DIC/Director, Export, Promotion and Marketing, Odisha and having valid manufacturing license for the above products will be eligible for exemption from payment of 25% of EMD in respect of items covered in their certificate of registration, subject to production of EMD exemption certificate from the concerned authority and DIC registration certificate duly attested by gazetted officer. As per Finance Department Office Memorandum No 13290/F ( codes-27/11pt) dt , price preferences system for local Micro and Small Enterprises is allowed as detailed below (i) Local Micro and Small Enterprises registered under DIC/Directorate of EPM competing in the open tender shall be entitled to price preference of 10% vis-àvis local medium and large industries as well as outside Industries. (ii) Local Micro and Small Enterprises having ISO or ISI certificate for their product shall get an additional price preference of 3% as per the provision of IPR-2007 (iii) As provided under para-21(ii) of the Finance Department Office Memorandum No. codes-27/ /f dt , the local MSEs registered with respective DICs/OSIC/NSIC shall pay only 25% of the prescribed security deposit while participating in tenders of Government Departments. h) The successful tenderer/selected firms have to deposit 10% of the total amount of the supply order as Security Deposit to the indenter (DDAs/DAOs) within 15 days from the date of issue of letter in shape of Bank Draft duly pledged in favour of DDA/DAO failing which the EMD will be absolutely forfeited. After furnishing the security deposit the order placed will be considered as valid and supply should be made within 15 days / specified time mentioned in the supply order. 9. RIGHT OF ACCEPTANCE / REJECTION OF TENDER AND AWARD OF CONTRACT. The right of acceptance of Tender/or award of contract rests with the competent authority inviting tender who reserves to himself the right to reject any or all the Tender(s) received without assigning any reason whatsoever.

6 10. VALIDITY OF OFFER PRICE The tenderer shall quote a firm rate and the accepted rate will remain valid up to a period of 12 months from the date of finalization and approval of tender by the Competent Authority. 11. UNDERSTANDING THE TENDER DOCUMENTS BY THE TENDERER & GIVING UNDERTAKINGS AS BELOW. Sir, Undertaking (Compulsory) After careful examination of the above scope, nature and volume of supplies and services with the general conditions referred therein, we hereby offer to supply the materials as per the requirement & services covered thereon complete in all respects at the rate quoted in attached schedule of prices of the tender. Our offer shall be valid up to a period of 12 complete months from the date of award of the supply order as per the tender. We hereby undertake to have the certificates attached along with the requisite documents in the tender and to supply at destinations to be prescribed by the tendering authority. We hereby guarantee the correctness of the particulars given in the tender, supported with necessary certificate, undertakings in shape of affidavits and reports from concerned authorities. We certify to have down loaded a copy of the tender paper by remitting Rs (Rupees ) only by DD. We agree to furnish the security deposit in the manner decided by your competent authority. Thanking you. Yours faithfully, (Sign here) (With Seal) 12. NO CLAIM OR COMPENSATION FOR SUBMISSION OF TENDER No tenderer shall be entitled to claim any cost, charges and expenses of incidental to or incurred by him through or in connection of this tender even though the DA&FP (O), BBSR may elect to withdraw the invitation to tender without notice and without assigning any reason what-so-ever. 13. ELIGIBILITY FOR TENDER AND GROUND OF REJECTION OF TENDER PAPER a. The firm must be a manufacturer and should submit all the compulsory documents as mentioned in clause 14 a (documentary bid) and clause 5 failing which the tender paper will be rejected. b. The firms penalized under Insecticide Act will be debarred from participating in the tender process and the price bid will not be opened.

7 c. While filling up the tender form the tenderer shall not erase or overwrite. Any correction in filling up the tender form shall be made clearly and duly signed by the tenderer, otherwise the tender shall be liable to be rejected. d. Non-submission of compulsory documents/particulars as per clause-14a, undertakings as per clause-11,clause 7, 16, tenders not giving full particulars/not complying with any requirements as mentioned in above paras / sl nos./clauses shall be considered as incomplete and liable for rejection. e. Any tender containing false information/particulars shall liable to be rejected and tenderer found guilty of furnishing false information and particulars shall be debarred from any future dealing with the DA & FP (O). 14. SUBMISSION OF DOCUMENTS/PARTICULARS ETC There will be two bids i.e (i). Documentary/Technical Bid and (ii) Financial Bid.Both the bids are to be submitted in separate sealed cover and shall be marked as Documentary/Technical Bid for the Seed Treating Chemicals and Financial Bid for the Seed Treating Chemical. Both the bids should be put in a third sealed cover super scribing Tender for Seed Treating Chemicals. Documentary Bid and Financial bid should also indicate Name and address of Tenderer. 14 a. Documentary/Technical Bid for Seed Treating Chemicals must contain the following documents i) Complete tender documents duly signed i.e instruction to tenderer, tender terms & conditions, undertaking, bio-data etc. except offer price (Compulsory) ii) Demand draft of Rs. 6,300/- towards cost of tender paper as per clause Sl.No.1(Compulsory) iii) EMD in shape of DD as per clause at sl.no. 8 a, b should be enclosed with the tender document.(compulsory) iv) Attested Copy of Certificate of Registration under section 9(4) of the Insecticide Act 1968 issued by CIB & RC against the product applied (Compulsory) v) Attested Copy of Valid Insecticides Manufacturing license in Form-V,Rule 9-3 (Compulsory) vi) Copy of Insecticide sale license of tenderer / authorized distributor s sale license for Odisha state who will supply the inputs to the block sale centers. For details see clause 28 (Compulsory as the case may be ) vii) Technical Source certificate (produce invoice / purchase order )(Compulsory) viii) Attested Copy of Quality/Test Certificate of the product during last two years only from Govt. Notified laboratory /State Agricultural University/Research Institutes/Accredited Laboratory(Compulsory) ix) ISI/BIS certificate x) Attested Copy of Up to date VAT clearance certificate up to 31 st March 2016 for Odisha State (see clause 33) xi) Attested copy of VAT registration certificate (Compulsory) xii) Attested Copy of PAN card and company s TAN Number.(Compulsory) xiii) Proof of supply of product applied to the State Govt./Central Govt./ SAUs/ SPSUs/CPSUs etc in last 3 years.( Compulsory). Produce the copy of supply order in terms of payment received / evidence from State Govt./Central Govt. /SPSUs/CPSUs etc xiv) Annual turnover and the production capacity of the manufacturer ( and ).Produce Annual audited balance sheet for 3 preceding years including produced to Income Tax Department. (Compulsory)

8 xv) xvi) xvii) xviii) Report indicating product wise quantity sold in Odisha and other State during FY for the item applied. Printed price list of the product applied. License or Certificate showing that firm is a Technical Manufacturer.(if any) Principal Certificate 14 b. Financial Bid: Tenderers are to quote the offer price only in the scheduled format enclosed with the tender documents and should submit in a separate sealed cover. Please see Annexure I (Schedule of Products) The Documentary bid/technical bid will be opened by the Tender Committee on as per the schedule and will be handed over to the Technical Committee for verifying the commercial/technical bids. The report of the Technical Committee shall be placed to the Tender Committee on the same day. Those tenderers who do not qualify in documentary bids/ technical bids will not be allowed to participate in the financial bids and their financial bids will not be opened. The financial bids will be opened on as per the schedule by the Tender committee. The final list of L1 firms will be declared by the Tender committee.after approval by the competent authority, the rate will be intimated to all Scheme Officers, Deputy Director of Agricultures & District Agriculture Officers for execution. 15. OFFER PRICE The rate should be offered for the unit as specified in the tender schedule (Annexure I). The price to be quoted should be indicated separately as basic price and VAT/CST or other taxes if any. Tenderer having place of business outside the State of Odisha shall quote the basic rate for sale of the articles which shall be exclusive of CST and Entry Tax if applicable, at the destination, & he also clearly quote the CST,Entry Tax and other Taxes if any, separately. For all items the rates quoted must be for delivery at F O R destination. Offers stating surcharges or additional expenses, if any charged extra over the basic rate shall be summarily rejected. FOR destination: Delivery at all Block sale centers within Odisha. The tenderes/bidders should not quote less than the rate quoted for the product applied for this tender in any other tenders. The tenderer shall not sell the product being affected at a lower price anywhere in Odisha or private market the price quoted to department of Agriculture even by giving any additional trade discount or incentives. If such incidence is noticed the department of Agriculture shall restrict all payment to such a lower rate and black list the tenderer. 16. The tender floated in the bid will summarily be rejected in case of omission in filling up the cost, as indicated in the tender form specifically rates and units. The offer price of the firm having past record (FY ) of supplying Sub-standard/ Misbranded product will not be accepted for for that particular product applied for. 17. The tenderer must indicate the detail specifications of articles viz. production capacity, source of technical etc failing which the tender will not be taken into consideration. 18. Each page of the tender documents shall be signed by the tenderer with his usual seal and signature. With their quotations, the tenderer shall sign the invitation to the tender, instruction to the tender, tender form, conditions of contract and annexure etc. in token of acceptance thereof. The signature on the tender form alone shall be deemed to be acceptance of rates, specifications, terms and conditions stipulated in the invitation to

9 the tender, instruction to the tender, tender form, conditions of contract, tender schedule and annexure etc. forming part of the tender documents. 19. The successful bidder who fails to supply the items within the time limit as per the destination or as per terms and conditions will be black -listed and will be debarred from tendering process in future of this Directorate. 20. Canvassing in any form is strictly prohibited and the tender(s) submitted by tenderer(s) to resort to canvassing will be liable for rejection 21. The tender notice, invitation to tenderer instruction to tender, tender form, conditions of contract, the tender schedule, annexure, the rates and amount quoted against the items of the tender and covering letter, if any shall form part of tender. 22. POWER OF EXEMPTION Observation of above instruction on the part of the tender is strictly obligatory. However, the DA& FP (O) may in any exceptional cases exempt a particular tenderer from observing one or more of the instructions/ of stipulations on the recommendations of the Tender Committee. 23. PAYMENT SYSTEM a. After finalization of tendering process DDAs will place indent to OAIC Ltd as per scheme requirements through the on-line system for smooth supply and distribution of the inputs for which 3% margin will be paid by the manufacturers to OAIC Ltd. b. 80% of the payment will be released on receipt of the stock in good condition within 30 days and rest 20% will be released after receipt of standard quality test report. In case of sub-standard product the manufacturer/supplier will replace the stock i.e quantity equivalent to that batch supplied. c. For subsidized sale: Payment towards the cost of subsidy will be released along with the farmers share. 24 QUALITY CONTROL Drawl of samples: The samples of the products can be drawn either at State or District or Block level. It is the responsibility of the supplier & OAIC ltd. to monitor the batch wise drawl of samples by the concerned Input Inspectors to draw random samples and send those to the district level PPO/JQCI for onward submission to the state or central laboratories under intimation to the DDA, Plant Protection. If any Batch No. of product found substandard/ misbranded before diversion to the field the same will be rejected and the company will have to replace with new stock within 10 days from the date of intimation.if a batch No. of supplied product, found sub-standard/misbranded on test, after diversion/ utilization, no stock will be refunded back to the supplier and the supplier has to supply the new stocks ( quantity equals to that batch found as sub standard) within 10 days from date of intimation. If the supplier fails to obey the above case the license/ Registration certificate will be suspended for 1 year and all payment due will be with held until matter is settled. The purchaser or his representative shall have right to the inspect randomly and test the product to ascertain their conformity to be standards of the product.

10 25. The stock against supply order shall carry the stamp indicating "Govt. of Odisha, not for sale"(in case of demonstration purposes) 26. On placement and acceptance of supply order, if the supplier does not perform his obligation as per the order such supplier will be black listed and the this office shall reserve all rights to make alternate arrangements to procure the products, from any available source and the difference of higher cost paid if any will be recovered from the defaulting supplier through appropriate action. 27. If the firm fails to supply the required items both in quantity on the schedule time, the EMD shall be forfeited besides initiating legal action as per law. 28. There may be requirement of huge quantity of material in short period to be supplied in 30 districts. In view of this, those firms who had file tender and technically qualified and are willing to supply the materials at the accepted rate will be given opportunity to supply the items for which they have tendered subject to acceptance of terms and conditions. The manufacturer must submit the name of authorized distributor(s) who are financially capable and have capacity to supply the products to 30 districts at block sale centre within a stipulated time period. The name of such distributors will not be modified in future without valid reason. 29. The Department or Directorate of Agriculture do not guarantee any definite volume of business in this contract as specified in sl. no 8 b. 30. The undersigned reserves the right to accept or reject any or the entire tender papers without assigning any reason thereof. 31. The authority shall not be held responsible for any postal delay. No incidentals expenses will be allowed for submission of Tender. 32. Supply order will be carried out subject to verification of original documents of the manufacturers including up to date VAT clearance certificate. 33. As per FD memo no 5439/F dated the successful bidders in tender process shall not be allowed to undertake any contract with Govt./local authority /other corporate body unless they produce a VAT clearance in form VAT -612 valid up to Legal Jurisdiction: For the Arbitration for fulfilling the duties set forth in the arbitration clause shall be the Principal Secretary to Government, Agriculture Department, Odisha and his decision shall be final and binding. The provisions of Indian Arbitration Act 1940 or any statutory amendment, modifications or re-enactment thereof and rules made there under and for the time being in force shall apply to the arbitration proceedings. In case of dispute if any, it shall be subject to the Jurisdiction of courts at Odisha only. Sd/-Dr. P.K. Meherda, IAS Commissioner-cum-Director, Agriculture & Food Production, Odisha

11 Name of the Manufacturer PROFORMA FOR SUBMISSION OF BIO-DATA OF THE FIRMS Whether the firm is a Technical manufacturer Whether a Pvt. limited firm/ Govt. undertaking, Registered Office address with Telephone and e mail ID Address within Odisha Mobile no Products applied for Details of cost of Tender paper Details of EMD Financial condition of the firm whether solvent or not, with details thereof. Whether the firm is a Regd. VAT Dealer and if so, please quote both the VAT and Central Sales Tax Regn. Nos. Whether the firm is registered under the Companies Act, 1958 as a Partnership firm if so, Regn. No. & date should be given Name of the authorized person who can hold discussion on your behalf at the time of necessity Are you an Income Tax Assessee? If so, the last income Tax clearance certificate to be furnished Income Tax PAN /TAN number To be filled by the applicant Expected quantity of the products to be supplied during requirement within 10 days of the particular product CERTIFICATE Certified that the information furnished above are true and correct to the best of our/my knowledge and belief. In case, any or all the information given above is found to be incorrect at anytime, undertake the liability to be proceeded within any manner. Any change or change in regard to the furnished information will be intimated as and when such changes occur. Place Signature of the tenderer Date Seal Signature of Witness and address

12 Schedule of Products Pesticides & Biopesticide Pack Size Basic price in Rupees without VAT/CST/other Tax with delivery at FOR destination Price towards VAT/CST/other Tax Total Offer price in Rupees ( Basic price with VAT/CST/other Tax ) with delivery at FOR destination 1 CARBENDAZIM 50% WP 50 gm 100 gm 2 THIRAM 75% WS 50 gm 100 gm

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