Important Instructions for the Tenderers of 2008 Season **
  1. DELIVERY OF LEAVES IN EXCESS OF NOTIFIED QUANTITY

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    1. Subject to condition 1 (ii) below the sale of leaves is in green condition from the collection centres. The intending Tenderers are advised to inspect the areas of societies personally and satisfy themselves about the quality of leaves.

    2. The contract will be for the purchase/sale of quantity of the tendu leaves notified in the Schedule in standard bags. If however there is an excess number of standard bags than that notified in this tender notice, the purchaser will have to purchase the same also at the rate sanctioned for the lot after payment of the additional amount. The Federation also reserves the right to correct any arithmetical or clerical error in the quantity notified and the purchaser will have to abide by the corrected figure.

  2. PERSONS AUTHORISED TO SUBMIT TENDER ETC

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    1. Person or persons signing the tender form shall state in what capacity he or she or they are signing the tender form e.g. as sole proprietor of the firm concerned or as Managing Director or Director or Secretary of Limited Company. In the case of partnership firm the names of all the partners should be recorded and the tender form should be signed by all the partners or their duly constituted attorney having authority to bind all partners in all matters pertaining to the contract as recorded in the power of attorney or in the partnership deed. True copy of the Registered "Partnership Deed" should be furnished along with the tender form failing which the tender shall be liable to be rejected. It shall be obligatory on the part of every partner of the firm, which enters into agreement to fulfill the terms and conditions of the agreement during the currency of the contract thereof, notwithstanding the dissolution of the partnership in the mean time, In the case of a limited company, the tender form shall be signed by a person empowered to do so by the company, copy of Memorandum and Articles of Association of the company and the letter authorizing the person signing the tender documents shall be attached to the tender form failing which the tender shall be liable to be rejected. In the case of Hindu undivided family, the name of the family members should be recorded in the tender form and 'Karta' who can bind the family, should sign the tender form and indicate his status below his signature.

    2. The person signing the tender form on behalf of another or on behalf of a Firm shall enclose with the tender form power of attorney or deed duly executed in his favour or the partnership deed giving him such power showing that, he has the authority to bind such other person or the firm, as the case may be in all matters pertaining to the contract. If the person so signing the tender form fails to enclose the said power of attorney or partnership deed, his tender shall be liable for summary rejection. The power of attorney should be signed by all the partners in the case of partnership concerns, by the proprietor in case of a proprietary concern and by the person who by his signature can bind company in the case of limited company. In the case of Hindu undivided family the power of attorney should be signed by the 'Karta' who by his signature can bind the family.

    3. Tenders submitted by such persons who are minors, or insolvent or who have been blacklisted, shall be treated as invalid.

    4. A tenderer, who is in arrear, may pay the outstanding amount by Bank Draft/Demand Draft of any scheduled Bank along with his tender payable to the Managing Director of Federation, but if he fails to do so, the tender submitted by such tenderer will be taken into consideration after deducting the outstanding amount from his Earnest Money Deposit and in that case the purchase capacity of such tenderer shall be computed taking into account the reduced amount of Earnest Money Deposit.

    5. The tenderer must be registered under the Adhiniyam and Niyamavali as manufacturer/exporter on the date of submission of the tender and if successful he must obtain registration certificate till the date of expiry of contract period. Registration Number and date of the registration certificate of the year in which tender is submitted and name of Forest Division shall be mentioned at the specified place in the tender form. It is obligatory to attach the photo copy of the registration certificate issued by the Divisional Forest Officer along with the tender form.

    6. All the tenderers must mention the Permanent Account Number(PAN) as per section 139A of the Income Tax Act 1961 and attach a photocopy of the PAN card. Permanent Account Number(PAN) will have to be written on the top right hand corner on the first page of the tender form.

    7. The tender of any person/registered firm/legal company, who indulges in misconduct or disturbs peace during the opening of the tenders at the venue fixed for the purpose, shall be declared as invalid and the Earnest Money Deposit enclosed by him with the tender shall be forfeited and any loss suffered by the Federation on account of declaration of such tender as invalid shall be recoverable from him and in addition, such person/registered firm/legal company shall be liable to be blacklisted by the Conservator of forests for a period which may extend to three years.

  3. EARNEST MONEY DEPOSIT

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    1. Every tender shall be accompanied by an Earnest Money Deposit of a sum which shall in no case be less than 8% of the purchase capacity declared by the tenderer in the tender form in the form of only Bank Draft/Demand Draft of any scheduled Bank payable at Bhopal drawn in favour of Managing Director of M.P. State Minor Forest Produce Co-operative Federation Ltd. Tenders accompanied by earnest money in any other form shall be liable to be summarily rejected.

    2. In case the downloaded tender form is not accompanied by a separate Bank Draft/Demand Draft of Rs. 500/- as stipulated in the condition 4(i)(a) of the Tender Notice, the tender will be taken into consideration after deducting this amount of Rs. 500/- from his Earnest Money Deposit and in that case the purchase capacity of such tenderer shall be computed taking into account the reduced amount of Earnest Money Deposit.

    3. The amount of purchase capacity mentioned in Tender Form or 12.5 times the amount of Bank Draft/Demand Draft, whichever is less, shall be accepted as the purchase capacity and the tender shall be considered on the basis of such accepted purchase capacity. If nothing is mentioned as purchase capacity in the Tender from or if there is a difference in the figures and words of the purchase capacity mentioned, it shall be deemed to be 12.5 times amount of Bank Draft/Demand Draft enclosed with the tender as E.M.D. In the case of a tenderer who is in arrears, the purchase capacity for the purpose of this clause will be arrived at after taking into account the reduced amount of earnest money calculated in accordance with condition No.2(iv)

    4. In case of a successful tenderer Earnest Money Deposit shall in the first instance be adjusted towards payment of security deposit as required by conditions of tender notice.

    5. The surplus amount of earnest money available with the Federation after adjustment of security deposit as above will at the request of the tenderer be adjustable towards payment of the installment(s) of the lot(s) in respect of which the tenderer is appointed as the purchaser or refunded to him.

    6. The Earnest Money Deposit of unsuccessful tenderers shall, at the request of the tenderers be adjusted towards the amount due for other lots or be utilised as EMD in future tenders/auctions or returned to them after the result is declared.

    7. No interest shall be paid in any case on the amount of Earnest Money Deposit.

  4. MANNER OF FILLING TENDER

    1. A tenderer can submit only one tender for the purchase of one/several lots. No tender of a tenderer will be considered if more than one tender is submitted by him.

    2. Tenders can be submitted only on the serially numbered forms received from the authorized Officers or on the forms downloaded from the website of the Federation. Tenders submitted otherwise will be treated as invalid. It is necessary that the Tender Form received from the authorized Officers bears the seal of Office issuing it and the signature of the issuing Officer.

    3. The tenderer shall submit separate offer in his tender form for each lot showing his order of priority for the purchase of the lots. The tenderer shall offer/submit rate per standard bag exclusive of any tax/cess for purchase of Tendu leaves for each lot mentioned in his tender form. The offer must be made showing rate per standard bag and not in lump sum amount. The rate should be quoted in whole rupees. If it is quoted in fraction of a rupee it will be rounded off to the nearest rupee on the higher side by the Federation and the Tenderer shall have to abide by it. If there is difference in the rate quoted in figures and words, then the higher of the two will be deemed to be the offer of the tenderer.

    4. The tenderer should enter particulars of his first priority lot at the serial number 1, particulars of his second priority lot at serial number 2 in para 9 of the tender form and so on. The tenderer will not be allowed to change his order of priority shown by him in the tender form under any circumstances.

    5. Offers for different lots can be made in such a way that the total purchase price of the lots, for which rates are tendered does not exceed 10 times the amount of purchase capacity. But the offers will be accepted only up to the limit of purchase capacity.

    6. If the total purchase price of offers submitted by a tenderer is beyond the limit of 10 times the purchase capacity, then such offers (in the order of priority) as are more than this limit, will not be taken into consideration.

    7. If any tenderer submits more than one offer for a lot, then only the highest rate given by him will be considered and the offers of lower rates will be presumed to have not been made at all. If all the rates offered by a tenderer for a lot are equal, then only the offer at the highest priority will be considered and the offers at lower priority will be presumed to have not been made at all.

    8. If in the tender submitted by a tenderer, the offer for any lot is not clear that is for which specific lot or for what amount it is or there is a mistake regarding identity of the lot or if there is discrepancy in word and figure regarding the number of lot then offer of such lot will not be considered.

    9. Tenderer shall have to mention his correct and complete postal address in his Tender form at the place prescribed for this purpose. Communication sent to him by Registered Post on this address will be presumed to have been received by him. Responsibility for receiving all communications addressed to him will be that of the tenderer. If the address mentioned by the Tender is found to be incorrect he will be liable to be blacklisted.

    10. If the tenderer makes any correction in the tender by cutting or overwriting, then details of such correction should be given in para 8 of the tender form and the corrected entry shall be signed by the Tenderer. Any other entry, corrected by cutting or overwriting not mentioned in para 8 of the tender form or not found signed by the tenderer after correction will be treated as invalid and will not be considered.

    11. The tenderer should fill up and sign every page of the Tender Form, and enclose all necessary documents and Tenderer's Agreement as duly executed with it and submit it as shown in clause 5 of Tender Notice. On failure to enclose Tenderer's Agreement duly executed along with the Tender form and other documents, tender shall be liable to not being considered.

  5. WITHDRAWAL OF OFFERS ETC.

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    1. A tenderer may withdraw his offer for any lot/lots before commencement of the opening of tenders by submitting an application for withdrawl of offer to the committee constituted for opening of tenders under clause 6 of the tender notice. Lot numbers and priority numbers of the lots proposed to be withdrawn shall have to be mentioned in figures as well as in words in the applications for withdrawl of offers. Withdrawal of lots will not be permitted in absence of the above mentioned details or in case of difference between figures and words.

    2. A tenderer, shall not withdraw his offer for any lot/lots after commencement of opening of Tenders and shall be bound by his offer and by the terms and conditions of the tender notice including those contained herein till issue of communication of the acceptance or rejection of his offer by the Federation. In case of breach of this condition, 8% amount of purchase price of the concerned lot(s) arrived at by multiplying the rate quoted by him by the quantity of the lot in standard bags shall be forfeited from the total amount of Earnest Money deposited by him and he may also be blacklisted for a period which may extend to three years.

  6. ACCEPTANCE OF TENDERS

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    1. The Government/Federation reserves the right to accept or reject offer(s) of all or any of the lots mentioned in the Tender form without assigning any reason

    2. The Government/Federation also reserves the right to fix different cut off levels/upset prices for different lots or class of lots or lots of different areas in deciding allotment of lots to different tenderers.

    3. If for a particular lot same rate is offered by more than one tenderer, the allotment of lot shall be done on basis of priority of the offer of tenderer. If the tendered rate as well as the order of priority of two or more tenders are the same, the priority for allotment of the lot shall be decided by draw of lot by the Federation.

    4. The tenderer will be bound to accept lot/lots within his purchase capacity for which his offer(s) is/are accepted.

  7. SECURITY DEPOSIT

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    1. Successful tenderer will have to execute purchaser's agreement before Conservator of Forests or the person authorised by him for this purpose in respect of every lot within 30 days of the issue of accceptance of his offer by the federation. Before signing the purchaser's agreement the successful tenderer shall have to deposit security amounting to 25% of the purchase prise of the lot sanctioned in his favour. Out of this a minimum of 10% shall be in the form of Bank Draft and up to 15% can be in the form of Cheque. EMD shall be adjusted towards the 10% amount stipulated above.

    2. Purchaser shall have to take back the cheques deposited by him towards the 15% security deposit by depositing Fixed Deposit Receipt/ Bank Guarantee of equivalent amount before 30.06.2008, failing which the cheques deposited by him will be encashed after 30.06.2008. The FDR/Bank Guarantee should be valid upto 30.06.2009.

    3. Security Deposit (Except FDR/Bank Guarantee) or the balance amount thereof, as the case may be, shall be adjusted in the last installment upto such a limit that after such an adjustment the balance security deposit including FDR/bank guarantee shall in no case be less than 15% of the total purchase price, after Managing Director of Distt. Union is satisfied, that purchaser has complied with all the terms and conditions of the purchaser's agreement, the Adhiniyam, Niyamavali and conditions of the tender notice, and no amount is outstanding against him. In case of delivery from the collection center also, the balance amount of Security Deposit after withholding the amount as above, shall be adjusted against amount due from the purchaser, if any, on the basis of actual collection. The purchaser shall have to take delivery of any quantity found in excess of the notified stock and for that he shall pay the due amount at the same purchase rate of the lot. The last transport permit shall not be issued unless he pays such amount.

  8. OTHER CONDITIONS

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    1. Purchaser's agreement can be transfered upto the due date of the Ist Instalment.
    2. Representative of the purchaser shall have to take delivery of leaves in green form within 48 hours of collection.
    3. The purchaser shall not refuse to take delivery of any leaves collected/ purchase by the society if it is not unfit for making bidies. The leaves refused by the purchaser shall be presented to the Sub Divisional Forest officer/ Divisional Forest Officer or any Officer authorised by them. For inspection whose decision shall be final and binding on purchaser and he will have to take the delivery accordingly.
    4. Collection wages and other expenses before collection shall be paid by the society.
    5. Successful purchaser shall have to take hessian bags and jute yarn from the district union at the rate fixed by the federation. Sales tax will also have to be paid on this amount. Such amount shall have to be paid by 30.04.2008.
    6. If the purchaser wants to take delivery of leaves from collection centre and transport it to his godown, he will have to pay all due amount on the basis of the notified quantity by 30.04.2008. He will also have submit an application to the Managing Director of the District Union to this effect by 30.04.2008. If he does not submit the application and the amount stipulated above by 30.04.2008 it will be deemed that he wants to take delivery of leaves from godown.
    7. If the purchaser is taking delivery of leaves from the collection centre, the additional amount due on the basis of actual collection and taxes thereon shall have to be paid by him by 15.06.2008
    8. In case the purchaser is not taking delivery from collection centre he will have to store the leaves in godowns to be approved by the Managing Director of the District Union. He will also have to get the leaves insured against all types of damages.
    9. In case the Managing Director of the District Union approves the godown of Federation/ Society/ Department, the purchaser shall have to pay godown rent at the rate of Rs.2/- per actual bag per month. For the purpose of calculation of this rent part of a month shall be taken as full month. List of such godown can be obtained from the Managing Director of the District Union.
    10. The purchaser can also take delivery in advance by paying Bank Guarantee of one installment or more than one instalment. However he will have to pay the installments on due dates.
    11. Contract period - 31.03.2009
      Installments Ist - 06.10.2008,       IInd - 20.11.2008, IIIrd - 05.01.2009, IVth - 16.02.2009
    12. Interest for delayed payment - 0.04% per day
    13. Rebate :
    1. for payment of all the four installments before due date of Ist Installment - 0.75%
    2. for payment of all the four installments before 30.04.2008 - 2%
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** For detailed valid conditions the tender notice may please be referred to.