.
KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD.,
# 16/I, Millers Tank Bed Area, Vasanthnagar, Bangalore – 560 052
Phone No:22872890/22096673, Fax: 080-22266299/22096672
E-mail – dgmpds@kfcsc.com


CIRCULAR ON E-AUCTION OF TUR DAL UNDER AKSHARADASOHA SCHEME



   No.KFCSC/MKT/ADS/TURDAL/NCDEX/82/2011-12/                                                                                             Date:26-04-2011  


TERMS & CONDITIONS

1. INVITATION FOR BIDS:

The Karnataka Food and Civil Supplies Corporation (KFCSC Ltd) (A Government of Karnataka Enterprise), 16/I, Millers Tank Bed Area, Vasanthanagar, Bangalore-560052 invites bids from interested suppliers for supply of Tur Dal, through NCDEX Spot Exchange Ltd. platform, as per the terms and conditions prescribed hereunder:-
     • Online Bidding/E-Auction conducted through NCDEX Spot Platform/Exchange Platform https://trade.nspot.in , the online trading system made available by NCDEX Spot.

2. ITEM, QUALITY AND QUANTITY:

a. The goods are bought by KFCSC Ltd. as per the quality specifications declared in Annexure-I at the KFCSC specified locations across talukas of Karnataka State.

b. Bids received for less than the specified minimum quantity for a particular item and location shall not be considered.

c. KFCSC reserves the right to reject the bids received without assigning any reasons.

d. KFCSC reserves the right to alter the quantity for buying, depending upon the price received.

3. PRICE:

Price to be quoted in delivered weight and quality basis, as per the quality specified for a particular delivery location. The evaluation and finalization of bids received shall be made on the basis of the lowest price quoted by the bidders for the lots in respect of each district.

The price quoted shall be per quintal basis for district wise lots and is:

a) Inclusive of all incidental expenditure, taxes including KST/VAT if any payable for delivery at taluka level.

b) Inclusive of cost of packing, transportation charges, transit insurance and unloading charges for delivery at wholesale points of KFCSC Ltd at taluka level in respect of each district.

c) Cost of assaying as detailed in clause 7.11 of "Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011-12 under e-procurement mode"

4. VALIDITY:

The Bids of all Bidders who have participated in the E-Auction must remain valid for minimum period of three days from the date of auction.

5. PRE-REQUISITES FOR BIDDING:

Only Registered Suppliers of KFCSC Ltd and NCDEX Spot Exchange both are eligible for participating in the E-Auction. Bidder referred to in this notice is any real individual or legal entity owning or having a leased Dal Mill who wishes to supply the requirement of Tur Dal, through NCDEX Spot Exchange Platform. All registered supplier with KFCSC Ltd. who wish to become Bidders to supply the requirement of Tur Dal, through E-Auction platform of NCDEX Spot, are required to get registered with NCDEX Spot for the purpose as per manner prescribed, as all clearing and settlement operations, after finalization of the E-Auction, will be handled by M/s NCDEX Spot and closely monitored by KFCSC Limited. KFCSC will not be responsible, in any way whatsoever, if the bidders have not completed the registration process with NCDEX Spot. Bidders may contact Customer Service Group of NCDEX Spot on +91 22 66473153/66473154 or alternatively email: askus@ncdexspot.com.

6. E.M.D (MARGIN MONEY)

a. An amount equivalent to 2.5% of the bid amount shall be deposited by the bidder member with NCDEX Spot, before placing any bid, in the Common Exchange EMD account having following details : A/c Name - NCDEX Spot Auction; Bank – HDFC Bank; Bank A/c no. - 600340051106; Branch - Fort Branch, Mumbai; IFSC Code - HDFC0000060 for the E- Auction by way of:
• Demand Draft/Pay Order in the name of NCDEX Spot Auction, payable at Mumbai
• RTGS Transfer.
• Direct Deposit/Transfer.

b. The bidder member should intimate NCDEX Spot for the transfer of funds through the Participants Fund Management (PFM) Module- https://pfm.nspot.in in the prescribed manner (Contact Customer Service Group on +91 22 66473153/54)

c. The bidders shall be allowed by NCDEX Spot to bid only if the requisite EMD amount is available in the Common Exchange EMD Account of NCDEX Spot. The amount deposited as E.M.D (Margin Money) would determine the bidding capacity of the bidder.

d. Only the Bid Bond of the lowest bidder would be blocked by NCDEX Spot. Bid Bond of the unsuccessful Bidder(s), including those whose bid(s) are not accepted due to non-fulfillment/not meeting the conditions attached to the bid(s), shall be returned by NCDEX Spot on the withdrawal request made by the bidder through PFM Module latest by one day from the day of close of E-Auction.

e. The successful bidder shall deposit additional 2.5% (Two & Half per cent) as security deposit within one working day from the date of the award of the E-Auction with NCDEX Spot as per details mentioned in Sr. No 6 a) above. Thus, the total amount which includes E.M.D and security deposit for the successful bidder shall stand increased to 5%. (Five per cent)

f. E.M.D (Margin Money) of the successful bidder shall stand forfeited if they fail to supply the complete quantity as per specified quality at the designated warehouse within the time frame stipulated in the E-Auction.

g. The amount of the E.M.D (Margin Money) and security deposit of the successful bidder(s) will be returned subject to satisfactory performance or execution of the contract.

7. ONLINE BIDDING/E-AUCTION SESSION DETAILS:

a. The Exchange in consultation with KFCSC Ltd will schedule the auctions for each location, district and such details viz. e-auction calendar will be published on the website of the KFCSC Ltd as well as NEDEX Spot Exchange website (www.ncdexspot.com)

b. Opening and Closing Date and Time of E-Auction: The Auction Session shall open as per the schedule in Annexure-II

c. However, if any bid is received 3 minutes prior to the schedule auction closing time then the auction schedule shall be extended for 5 minutes over and above the schedule auction closing time. There shall be maximum 3 such extensions.

d. The bidders shall place their bids online on NCDEX Spot Platform/Exchange Platform https://trade.nspot.in, the online trading system made available by NCDEX Spot as per the terms and conditions of the E-Auction.

e. The Bidders are required to quote in Indian Rupees/Quintal for each auction.

f. KFCSC may specify, if desired a ceiling price above which no bids may be accepted by NCDEX Spot Platform.

g. The reducing tick size shall be Rs. 1.<

h. The lowest valid bid, as intimated by NCDEX Spot to KFCSC Ltd, shall be declared as the L-1 bidder for the E-Auction.

i. During an auction session, a bidder may modify his bid downwards to a reduced value less than the existing lowest bid.

j. No cancellation of Bids shall be allowed during an auction session.

k. The final results of the E-Auction are binding on all bidders and any requests for cancellation received after the conclusion of an auction session shall result in the forfeiture of the Bid Bond.

l. Any bid placed using the bidders username and the password shall be deemed to be an unconditional binding of the bidder to whom such username and the password has been allotted by NCDEX Spot, inter-alia, for the purpose of the E-Auction and the bidder shall be solely and fully responsible for all the activities that occur under such username and password. The user is therefore advised to check the username and the password before the E-Auction and is advised not to reveal it to anyone else so as to prevent misuse of the same.

8. INTIMATION TO THE SUCCESSFUL BIDDER:

The Bid of the lowest bidder of online bidding/E-Auction session (online bidder) will be declared as the Successful bidder by KFCSC Ltd within 36 hrs of close of E-Auction. The confirmation will be primarily sent by KFCSC (hereinafter called as buyer), through email, to registered e-mail Id (As per NCDEX Spot’s records). The L-1(Lowest) winner for every lot/destination will also be published on the official website of KFCSC Ltd. (www.kfcsc.com)

9. INTERNET CONNECTIVITY:

KFCSC & NCDEX Spot Exchange shall not be responsible for any failure of power, Network, Server, Bandwidth problems, Hosting Server, Internet Connectivity, ISP or otherwise or the slowness to access NCDEX Spot Platform/Exchange Platform https://trade.nspot.in.

10. DOCUMENTS CONSTITUTING CONTRACT:

The Invitation of Bids, the terms and conditions of the E-Auction, Bid of the Successful bidder, Letter/Email Confirmation/Acceptance issued by the Buyer to the successful bidder (hereinafter called the seller) along with any amendment issued prior to signing of contract shall constitute the Contract between the Seller and Buyer.

11. TRANSACTION CHARGES:

NCDEX Spot shall charge transaction charge of 0.5% (Half per cent) of the contract value from the Seller and that amount will be deducted while settling the payment to the suppliers.

12. ASSAYING:

a. The KFCSC Ltd will appoint a third party inspection agency for assaying of Tur Dal. The quality of Tur Dal will be evaluated based on specified quality parameters as detailed in Annexure-I or as may be notified by KFCSC Ltd before scheduling e-auction on NCDEX Spot Exchange Ltd Platform.

b. The assaying agency is authorized to test and certify samples of Tur Dal at each stage of delivery. The first stage of testing and certification will be carried out when the supplier offers the stock of Tur dal ready for delivery stored at his premises. The supplier has the option to not to offer the lot for testing and certification at the first stage. In case the supplier opts to offer the lot /batch for testing and certification the entity has to inform KFCSC Ltd about carrying out joint sampling three working days in advance. The cost of this stage of testing & certification will have to be directly paid to the assaying agency by the supplier at charges mutually agreed between the assayer and the supplier. Four samples of 250gms each shall be jointly drawn from each batch/lot marked for inspection. If more than one batch/lot is used for delivery, then samples from each such batch/lot shall be drawn.

c. These samples shall be sealed, the identification label provided by the assayer, signed by the representative of the supplier and the assayer. The supplier will retain with him one sample, handover three samples to assayer.

d. The results of the sample will be communicated to the KFCSC Ltd by the Assayer. KFCSC Ltd will then intimate the assaying results to supplier and clear those batches/lots which qualify for delivery.

e. The supplier then allocates cleared lots for delivery to various destinations and intimates schedule of delivery to KFCSC Ltd, three working days in advance. Upon receipt of such delivery intimation by the supplier, the KFCSC Ltd will depute representative of the assaying agency to supervise the loading of the consignment of Tur Dal.

f. The second stage of testing and certification will be carried out by assaying agency when the consignment is being loaded to the trucks. Four representative samples of 250Gms each will be drawn by the assaying agency and sealed with necessary identification marks. The supplier will retain with him one sample, handover three samples to assayer for testing.

g. The supplier shall arrange to record tare weight and gross weight on electronic weighbridge before loading and after loading of the consignment. The copies of weigh bridge receipt along with copy of invoice / delivery challan shall be handed over to Depot Manager of KFCSC Ltd at the time of giving delivery. Deliveries without valid documents will be rejected and will not be inwarded by the concerned Depot Manager.

h. Consignment will be unloaded at the designated warehouse during working hours only i.e. between 10am and 5pm.On arrival of the consignment the Depot Manager of KFCSC Ltd will verify the documents and after confirming authenticity of the consignment directs the representative of the supplier to arrange for recording the gross weight of the consignment on an electronic weighbridge before unloading.

i. The third stage of testing and certification will be carried out while unloading the consignment at the accredited warehouse of the KFCSC Ltd. Four representative samples of 250Gms each will be drawn and sealed with necessary identification marks. The samples will then be evaluated by the assaying agency as per the specified quality parameters.

j. After unloading the tare weight of the truck is recorded on the same electronic weighbridge. The copies of the weigh bridge receipts along with other documents i.e. invoice / delivery challan and weighbridge receipts at the loading point shall be handed over to the Depot Manager of KFCSC Ltd.

k. Suppliers may note that the cost of assaying will be borne by them and such costs will be deducted while making the payment for supplies made. The total Cost of Assaying will be Rs. 16 per quintal .(Loading at the supplier’s premises & Unloading at the buyer’s premises). The breakup of assaying charges for each stage will be as follows: The second stage of testing & certification will be charged at Rs 6 per quintal and third stage of testing & certification will be charged at Rs.10 per quintal. The service tax if any will have to be borne by the supplier

l. Suppliers may please note that quality assaying at unloading stage should mandatorily be within the quality specifications as prescribed by KFCSC , otherwise the offered lots will be rejected.

13. SUPPLY OF THE STOCKS:

a. The short listed suppliers who qualify in e-auction for each lot / destination will be issued with purchase orders / indents by the concerned District Managers of KFCSC Ltd. The details of the district offices and locations is furnished vide Annexure-III.

b. The KFCSC Ltd does not guarantee the minimum quantity, which will be ordered. The KFCSC Ltd reserves the right to order for only such quantity as may be necessary or required and the qualified supplier is bound to supply the ordered quantity only.

c. Quantities supplied in excess, subject variation of more than 5% of the quantity specified in the purchase order, will not be paid for and KFCSC Ltd is not responsible for quantity of the excess stocks received. Supply of required quantity should be as indented by the District Managers of the KFCSC Ltd. KFCSC Ltd at its sole discretion may place Purchase orders/indents by FAX / TELEGRAM / PHONOGRAM / LETTER / E-MAIL, pending remittance of security deposit and execution of agreement. The successful qualified supplier is bound to honor such indents and shall arrange to supply requisite quantity of Tur Dal to the designated locations. Normally ten (10) days time will be given to deliver commodities indented for supply from the date of being declared as a winner. Suppliers are bound to adhere to such delivery schedules without fail.

d. The suppliers are required to enter into an agreement on Rs 200/- non-judicial stamp paper with the concerned District Managers to fulfill the contractual obligations as specified by the KFCSC Ltd.The draft format of agreement may be seen in Annexure-III. Agreement not accompanied by the Security Deposit, any alterations to clauses of the agreement will not be accepted and will be deemed as non-submission of agreement and violation of the terms and conditions.

e. Violation of any of the Clause/Clauses of the Agreement shall be deemed as violation of Terms and Conditions of this contract.

f. Security Deposit furnished by the qualified suppliers will be returned on request upon completion of the contract period or the extended period, if any, subject to satisfactory performance or execution of the contract as per the Terms and Conditions of the contract.

g. Non-acceptance of purchase order / indents within five days of declaration of e-auction results will amount to forfeiture of EMD (margin money) deposited.

h. Default in supplies either wholly or partly on account of quality or quantity will result in forfeiture of security deposit and EMD (margin money).

i. At any stage of supplies under the scheme, if it is noticed that the supplies are not in conformity with the specifications prescribed, such materials are liable to be rejected and qualified supplier will be called upon to make good the same. In the event of qualified supplier failing to make good the rejected stocks, the security Deposit and EMD (margin money) furnished by the qualified supplier shall be forfeited and action under the existing laws will be initiated to recover such loss. In case fresh supplies are not effected within ten days as per purchase order/indent, the KFCSC Ltd is at liberty to purchase the item from other alternative sources and recover the difference of cost from the qualified supplier.

14. TERMS AND CONDITIONS OF DELIVERY:

a. The successful suppliers should take adequate precautions to prevent damage or deterioration to Tur Dal during storage/transportation. He should also insure the stock during transit at his cost.

b. The successful suppliers should deliver at his cost the Tur dal to the designated warehouse/storage place as per the purchase order / indent issued by District Manager of KFCSC Ltd.

c. The successful supplier should pack the Tur dal net 50Kgs in new gunny bags of 50 Kgs capacity. All the gunny bags should be preferably machine stitched or properly stitched with 14 stitches with strong twine and carefully knotted and duly stenciled. The text of the matter to be printed on each gunny bag of 50 Kg shall contain the following details.

AKSHARADASOHA SCHEME
Government of Karnataka
Suppiler Code.....................Indent No.....................
LOT No......................

15. TERMS OF PAYMENT:

The payment will be made within 15 working days from the date of submission of bill to the respective District Manager of KFCSC Ltd. The payment is processed based on the accepted quantity at the designated location, quality report by the assayer and is subjected to any standard deductions as specified in the purchase order/indent. The payment will be directly released through Electronic Fund Transfer to the respective Bank Account of the qualified suppliers.

16. PENALTY:

a. In case if the suppliers fails to complete the supplies in time as per indent, the KFCSC Ltd reserves the right to cancel the order for non-supplied quantity, subject to variation of 5% (five per cent) of the quantity mentioned in the purchase order and proceed with the purchase of the same item from the open market or has the discretion to re auction the desired quantity through NCDEX Spot Exchange ltd.

b. Failure to keep up the supply schedule by the qualified supplier will result in levy of penalty of Rs.100/- (Rupees One hundred only) per MT per day. The delay in supply under no circumstances will exceed more than 10 days. The delay of more than 10 days amounts to violation of the terms and conditions of the agreement.

c. The KFCSC Ltd reserves the right to grant extension of time with/without penalty subject to condition that supply should be completed during the extended time. Failure to comply with such extension of time for fulfilling the supply of Tur dal amounts to violation of terms and conditions of the contract and will result in termination of the contract.

d. If the Supplier fails to supply the goods within specified delivery period for reasons other than Force Majeure, the Seller shall be entitled at his option to cancel the contract and recover the damages besides forfeiture of Bid Bond. The Buyer shall not be liable to any risks and costs, whatsoever, consequent upon such cancellation of the contract.

17. FORCE MAJEURE:

Should any of the force majeure circumstances, namely act of God, natural calamity, fire, Government of India Policy or Karnataka State Government’s Policy, restrictions( excluding any stock limits), strikes or lock-outs by workmen, war, military operations of any nature and blockades preventing the Seller/Buyer from wholly or partially carrying out their contractual obligations, the period stipulated for the performance of the Contract shall be extended for as long as these circumstances prevail, provided that, in the event of these circumstances continuing for more than three months, either party shall have the right to refuse to fulfill its contractual obligations without title to indemnification of any losses it may thereby sustain. The party unable to carry out its contractual obligations shall immediately advise the other party of the commencement and the termination of the circumstances preventing the performance of the contract. A certificate issued by the respective Chamber of Commerce shall be sufficient proof of the existence and duration of such circumstances

18. ARBITRATION:

In case of any disputes relating to supplies including the interpretation of any of the Clause/Clauses of the agreement, the matter shall be referred to a sole arbitrator not less than the rank of Secretary to Government of Karnataka, appointed by the Government. The remuneration for the arbitrator shall be fixed by the Government. The arbitration shall be held in Bangalore and the decision of the arbitrator shall be final and binding on both parties to the arbitration. The arbitration will be conducted in accordance with arbitration and conciliation Act, 1996. Court situated in Bangalore to the exclusion of all other courts in India, only shall have the jurisdiction in the matter.

CommodityTur DalTur Dal
VariantRegular
(Fatka)
Popular
(Sawa No.)
1Moisture % (w/w)1213
2Split / Broken Grains (W/W)23
3Damaged Discoloured Grains w/w0.250.5
4Powder Residues w/w0.250.5
5Grains With Husk w/w0.51
6Foreign Matter0.50.75
7Immature/Green Grains0.51
8Weevilled Grains (By Count)0.51

• Note : For Accidental errors a tolerance of 0.5 % over and above the tolerance specified is permissible

ANNEXURE - II:

Schedule of e-auction.

(Separately sent as Excel file)  Download

ANNEXURE - III:

DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
2ad FLOOR, BUDA BUILDING KEREKATTA,
MODHI CIRCLE, NEAR MODHI TALKIES,
BELLARY-583 101
PHONE: 0839 2276283
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
CHANDHANA COMPLEX, 1ST FLOOR,
HARSA MAHAL ROAD
HASSAN 573 201.
PHONE 0817 2268692
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
KARNATAKA HOUSING BOARD COMPLEX
1ST FLOOR MAHANTESH NAGAR
MALA MARUTI EXTENSION
BELGAUM - 590 016
PHONE: 0831 2422421
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
VIDYANAGAR 3RD MAIN, ‘A’BLOCK,
BANAKAR BUILDING
HAVERI 581 110
PHONE: 08375 236342
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
“AHARA BHAVANA” (MAILOOR)
BIDAR 585 403.
PHONE: 0848 2226305
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
BANGARPET ROAD NO.1955
KANAKANAPALYA
KOLAR 563 101
PHONE: 08152 222614
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
NEAR N.G.O’S GUEST HOUSE,
D.C. OFFICE COMPOUND
BIJAPUR 586 101.
PHONE: 0835 2250652
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
OLD DISRRICT OFFICE COMPOUND
KARWAR 581301(U.K.DISTRICT)
PHONE: 08382 226243
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
KANTI BUILDING OPP:LIONS SCHOOL,
KERUDI HOSPITAL ROAD
BAGALKOT 587 101
PHONE: 08354 226639
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
ZILLA ADMINISTRATIVE BHAVAN OFFICE
HOSPETE ROAD
KOPPAL 583 231.
PHONE:958539 221340
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
3RD FLOOR
ZILLA ADMINISTRATIVE BHAVAN .OFFICE
CHAMARAJNAGAR- 571 313
PHONE: 082 26225811
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
D.C.OFFICE COMPOUND
MANDYA - 571 401
PHONE: 08232 220553
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
MALLEGOWDA COMPLEX
1ST FLOOR, M.G. ROAD 2ND CROSS,
CHICKMAGALORE - 577 101
PHONE: 0826 2235711
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
3RD FLOOR, RASIK CHAMBERS, MARKET ROAD,
HAMPANAKATTE,
MANGALORE 575 001.
PHONE: 08242 447436
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
NO.10, PRGAGATHI NILAYA, KSRTC BUS DEPOT ROAD,
KELEGOT,
CHITRADURGA 577 501
PHONE: 0814226265
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
NEW STREET, NO.1170
ITTIGEGODU (INDIRANARA)
Mysore 570 010.
PHONE: 0821 2521198
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
NO.37, LAXMI NAGAR,
BEHIND MODERN TALKIES, P.B.ROAD,
DHARWAD - 580 004
PHONE: 08362 747752
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
NO.1-11-530 M-103,
NIJALIGAPPA COLONY,
RAICHUR
PHONE: 08532 220595
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
AHARA BHAVAN No.506, ‘C’
BLOCK, DOUBLE ROAD NEAR SHIVALI TALKIES
SRI DEVARAJ URS LAYOUT
DAVANAGER - 577 006
PHONE: 08192 270306
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
BESIDE EXCISE DEPT., DC OFFICE COMPOUND,
SHIMOGA 577 201.
PHONE: 08182 223174
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
K.H.B.PLAZA OPP CENTERAL BUS STAND
GULBARGA 585 101
PHONE: 08472254984
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
D.C. OFFICE COMPOUND,
TUMKUR 572 101
PHONE: 0816 2278792
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
K.H.B. COMPLEX 1ND FLOOR,
LAKSHMESHWARA ROAD
GADAG 582 102
PHONE: 0837 2237408
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
NO.5/1-275/43
BALACHEDA COMPLEX CHITHAPURA ROAD
YADGIR 585 202
PHONE: 08473 251407
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
#.1686, Malleshwra Temple Street
B.M road opp. Regnant Clinic
RAMANAGARA.
PHONE: 27272245
DISTRICT MANAGER
KARNATAKA FOOD & CIVIL SUPPLIES CORPORATION LTD
#..223/1, Bazaar road cross
4th division
CHIKKABALLAPURA- 562 101
PHONE 08156 272037

ANNEXURE - IV:

This Agreement made this day of......................................between the Karnataka Food & Civil Supplies Corporation Ltd., registered under the Companies Act 1956, having its Head Office at No.16/I, Millers Tank Bed Area, Bangalore-52. (Hereinafter called the ‘Corporation’) represented by its District Manager, which term shall mean and include his successor in office of the first part and M/s. ________________________________________________________a proprietorship concern/partner of the firm/Co-operative society/company represented by Sri ______________in the capacity of ____________________hereinafter called the ‘supplier’, which term shall mean and include his legal heirs, successors, executors and assigns of the other part, witnesses as follows:

     Whereas the Corporation having taken the decision of enrolling suppliers for supply of Tur dal for the year 2011-12, by inviting request for enrolment vide Notification NoKFCSC/ MKT/ ADS/ TURD/ NCDEF/ 82 / 2010 dated 22/03/2011. And whereas the supplier has participated in the e-auction in accordance with the terms and conditions specified in the "Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011-12 under e-procurement mode" and agreed to perform duties and services hereinafter described under the terms and conditions mentioned below and the Corporation has enlisted M/s ......................................................................................................as ‘supplier’ subject to all the terms and conditions stipulated and provided herein below:

It is hereby agreed between the parties as follows:

1. The terms and conditions mentioned in the "Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011.12 under e-procurement mode", KFCSC Circular NoKFCSC/MKT/ADS/TURDAL/NCDEX/82/2011-12 dated:26-04-2011. regarding e-auction of Tur dal under Aksharadasoha Scheme, application forms, documents form the part and parcel of this agreement and binding on the parties.

2. The enlisted supplier is selected as L-1 rate supplier. Supplier shall deposit an amount equivalent to 2.5% (Two and half per cent) of the value of the order as security deposit by way of electronic fund transfer to the NCDEX Spot Exchange Accounts detailed below: A/c Name - NCDEX Spot Auction; Bank "HDFC Bank; Bank A/c no. - 600340051106; Branch - Fort Branch, Mumbai; IFSC Code - HDFC0000060 Security Deposit furnished by the qualified suppliers will be returned on request upon completion of the supply of Tur dal in accordance with the quantity, quality and delivery schedule specified in the indent / purchase order issued by KFCSC Ltd or the extended period, if any, subject to satisfactory performance or execution of the indent / purchase order.

3.The Corporation does not guarantee the minimum quantity, which will be ordered for supply. The Corporation reserves the right to order only such quantity as may be necessary and the supplier is bound to supply the ordered quantity only. Quantities supplied in excess will not be paid for subject to variations allowed as detailed in clause 9.3 and 12.1 of "Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011-12 under e-procurement mode"

4. It is agreed between the parties that ten days time would be normally allowed for supply of quantity indented. However, the Corporation will specify the delivery period while placing the indent / purchase order and supplier shall supply and adhere to time schedule, failing which penalty will be levied as detailed in clause 09 under this agreement.

5 SPECIFICATIONS:

5.1 The quality parameters for Tur Dal will be specified by the KFCSC Ltd for each destination. Broadly the corporation may notify two set of quality parameters. One for Fatka and other for Sawa Number. The specifications are detailed below for reference only. The KFCSC Ltd has the right to alter the parameters at its own discretion before notifying the e-auction schedule for each location.

CommodityTur DalTur Dal
VariantRegular
(Fatka)
Popular
(Sawa No.)
1Moisture % (w/w)1213
2Split / Broken Grains (W/W)23
3Damaged Discoloured Grains w/w0.250.5
4Powder Residues w/w0.250.5
5Grains With Husk w/w0.51
6Foreign Matter0.50.75
7Immature/Green Grains0.51
8Weevilled Grains (By Count)0.51

* Note : For Accidental errors a tolerance of 0.5 % over and above the tolerance specified is permissible

5.2 The supplier is expected to ensure that the Tur Dal delivered to the designated warehouses of KFCSC Ltd adhere to the quality parameters as stipulated by the KFCSC Ltd from time to time.

5.3. Stocks should confirm to the specification indicated in the P.F.A. Act 1954 along with the P.F.A Rules, 1955 and free from common deleterious matter. The Successful qualified suppliers will be solely responsible for consequences for any violation of the P.F.A.Act, 1954 along with the P.F.A Rules 1955.

5.4. Suppliers shall be liable for any action consequences that may arise due to non adherence to quality parameters. Any dispute/claim arising from the delivery of the Tur Dal to the KFCSC Ltd shall be settled by the supplier and KFCSC ltd.

They shall keep the NCDEX Spot Exchange Ltd. indemnified at all times in this regard.

5.5. Apart from the above, in the event of any harm caused due to supply of bad quality, the concerned supplier shall be held solely responsible of any losses/damages to the events arises under the scheme.

6. PRICE PER QUINTAL FOR SUPPLY OF TUR DAL BY THE SUPPLIER

The price quoted shall be per quintal basis for district wise lots and is:

a) Inclusive of all incidental expenditure, taxes including KST/VAT if any payable for delivery at taluka level.

b) Inclusive of cost of packing, transportation charges, transit insurance and unloading charges for delivery at wholesale points of KFCSC Ltd at taluka or hobli level in respect of each district.

Cost of assaying as detailed in clause 7.11 of "Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011-12 under e-procurement mode"

d) The Supplier has agreed to supply Tur dal to the respective destinations at the rate, quality and quantity as detailed in indent / purchase order issued by KFCSC Ltd.


07. In case the supplies are not effected within 10 days as per indent/purchase order the ‘Corporation’ is at liberty to purchase the item from any other alternative source and recover the extra cost if any, from the supplier.

SL
No
Indent / Purchase order
No. & Date
Name of the
District
Tur dal rate per
quintal
Total Quantity
in Quintal
     

08. PAYMENTS:

8.1 Payments will be made within 15 working days from the date of submission of bill to the respective District Manager of KFCSC Ltd, subject to terms and conditions as specified in clause 11 of " Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011-12 under e-procurement mode"

8.2 The following deductions will be effected while processing the bill of the supplier for payment.

8.2.1. Weight of the empty gunny bag to arrive at net weight of quantity of Tur dal supplied.

8.2.2. Transaction charges levied by NCDEX Spot Exchange Ltd., at the rate of half per cent on the value of the Tur dal supplied by the supplier.

8.2.3. Cost of assaying charges levied by third party inspection agency at the rate of Rs.16/- (Service Tax if any) per quintal of Tur dal supplied by the supplier.

09. PENALTY CLAUSE:

9.1. In case if the suppliers fails to complete the supplies in time as per indent, the KFCSC Ltd reserves the right to cancel the order for non-supplied quantity, subject to variation of 5%(five per cent) of the quantity mentioned in the purchase order and proceed with the purchase of the same item from the open market or has the discretion to re auction the desired quantity through NCDEX Spot Exchange ltd.

9.2. Failure to keep up the supply schedule by the qualified supplier will result in levy of penalty of Rs.100/- (Rupees One hundred only) per day per MT. The delay in supply under no circumstances will exceed more than 10 days. The delay of more than 10 days amounts to violation of the terms and conditions of the agreement.

9.3. The KFCSC Ltd reserves the right to grant extension of time with/without penalty subject to condition that supply should be completed during the extended time. Failure to comply with such extension of time for fulfilling the supply of Tur dal amounts to violation of terms and conditions of the contract and will result in termination of the contract

9.4. Any clause or clauses or part of the clause/clauses of this contract may be revised during the currency of this contract, when considered necessary by the Managing Director of the Corporation.

9.5 In case the appointed suppliers fails to fulfill the obligation of contract by not supplying the indented goods within the stipulated time or violates any condition or partial violation of the terms and conditions or fails to give agreement with in the stipulated time, he is liable to be placed under “BLACK LIST” in addition to forfeiture of the EMD (Margin Money) and Security Deposit and any consequential damage / loss to the Corporation will be recovered from the supplier.

9.6 The Managing Director of the Corporation may alter certain clauses, terms and conditions of the agreement. However in such cases the supplier will be consulted before revising such clause/clauses, if necessary.

9.7 The supplier will be held criminally responsible and liable for the loss or damage to the life of the consumer on account of Adulteration in the goods supplied. Without prejudice to the right of the Corporation to proceed against the supplier legally for recovery of loss or damages on account of breach of contract.

9.8 The Corporation reserves the right to terminate the contract, during the period of the agreement, without notice, for breach of any terms and condition of this agreement or due to change in the policy guidelines of either the Government of Karnataka or KFCSC.

10. CONDITIONS REGARDING REJECTION OF MATERIALS.

10.1 If the supplies are not in conformity with the specification prescribed as per clause –5 of this agreement, such materials are liable to be rejected. The suppliers may note that as per clause-7 of “Procedure for registration of suppliers for supply of Tur dal under Aksharadasoha Scheme of Government of Karnataka for the academic year 2011-12 under e-procurement mode” assaying will be carried out at each stage and if the quality of Tur dal fail to comply with the specifications as per the report submitted by the third party inspection agency, the material offered for inspection will be rejected. In such an event the supplier will be called upon to offer alternative lots for inspection and certification.

10.2 In the event supplier failing to make good the rejected stocks or offer alternate lots which qualify the specifications, the EMD (Margin Money) and Security Deposit will be forfeited and action will be initiated to recover further loss, if any.

10.3 In case if fresh supplies or not effected against rejected lots within 7 days, the Corporation is at liberty to purchase the item from any other alternative source or through re-auction and recover the extra cost if any, from the supplier apart from forfeiture of EMD (Margin Money), and Security Deposit furnished by the supplier.

11.FORCE MAJEURE:

Should any of the force majeure circumstances, namely act of God, natural calamity, fire, Government of India or Karnataka State Government Policy, restrictions( excluding any stock limits), strikes or lock-outs by workman, war, military operations of any nature and blockades preventing the Seller/Buyer from wholly or partially carrying out their contractual obligations, the period stipulated for the performance of the Contract shall be extended for as long as these circumstances prevail, provided that, in the event of these circumstances continuing for more than three months, either party shall have the right to refuse to fulfill its contractual obligations without title to indemnification of any losses it may thereby sustain. The party unable to carry out its contractual obligations shall immediately advise the other party of the commencement and the termination of the circumstances preventing the performance of the contract. A certificate issued by the respective Chamber of Commerce shall be sufficient proof of the existence and duration of such circumstances

12. ARBITRATION:

In case of any disputes relating to supplies including the interpretation of any of the Clause/Clauses of the agreement, the matter shall be referred to a sole arbitrator not less than the rank of Secretary to Government of Karnataka, appointed by the Government. The remuneration for the arbitrator shall be fixed by the Government. The arbitration shall be held in Bangalore and the decision of the arbitrator shall be final and binding on both parties to the arbitration. The arbitration will be conducted in accordance with arbitration and conciliation Act, 1996

Court situated in Bangalore to the exclusion of all other courts in India, only shall have the jurisdiction in the matter.

In witness whereof the parties hereto have set their hands on the day and date herein before mentioned in the presence of:

(Signature)                           

DISTRICT MANAGER               

KFCSC Ltd,                   

........................District with Seal                   

WITNESS:

1.

2.

Signature of the Supplier

Name                     

Seal,