GeM PWS MTF
GeM PWS MTF
GeM PWS MTF
1. For and on behalf of the Food Corporation of India, (hereinafter called the
Corporation) the, General Manager (Region), Regional Office, .............., invites
online tenders under two bid system for availing warehousing services “Lease
with services” and “Lease only”, anywhere in ............... The Warehouse offered
should be registered with WDRA. However, the bidders who have applied for
WDRA registration shall also be eligible to participate in the tender provided that
the registration process shall be completed within three months from the date of
award of work, failing which the contract shall be summarily terminated and
Security deposit shall be forfeited.
2. A normalization factor of Rs* ……… per quintal per k.m. will be applied to all the
bids received for a location from the railhead while evaluating the price bid. In
case of Road-fed warehouses, distance from nearest FCI warehouse (owned or
hired) be taken for normalization. (*to be filled by R.O. as applicable for PEG
Scheme-2008).
Normalization would be applicable only when two or more bids are received for a
particular location. In that case, all the bids shall be normalized for comparison.
Normalization factor would be applied to all the bids for the distance from the
railhead to derive lowest bidder. Rate of lowest bidder such derived will be
counter offered to all other bidders in case the required capacity is not offered
by the L-1 bidder.
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4. Bids submitted through e-tender process only, will be considered for further
process. The e-tender process shall be carried out on Government e-Market
place (GeM), the Public Procurement Portal of Government of India. No hard
copy/physical form of tender shall be accepted.
7. Bidders must deposit the EMD and tender fees as prescribed in the tender in the
Bank A/c of FCI before online submission of the tender. The Bank A/c details of
FCI are as follows:-
Name of Beneficiary
Bank Name
Bank Branch Address
Account No.
IFSC Code
The transaction details of remittance of EMD and Tender fees to FCI‟s A/c
should be filled at the appropriate place in the tender (##).
8. For details of process of online submission of bid, conditions of qualification,
documents to be submitted, EMD and Security deposit bidders should go
through the tender terms and conditions thoroughly. It is understood that the
tenderer has gone through all the terms and conditions before submitting his
tender.
9. The „Security Deposit‟ equivalent to two months‟ rent for availing Warehousing
Services on, „Lease with Services‟, under PWS 2010, can also be submitted in
the form of irrevocable and unconditional „Bank Guarantee‟ issued by
scheduled Commercial Bank notified by RBI (excluding all urban/Rural/State co-
operative Banks and Gramin Banks) in the prescribed format. The validity of the
„Bank Guarantee‟ should be 6 months beyond the contract period ($$).
a. The Bank Guarantee issuing Bank shall send cover for Bank Guarantee
issued, through SFMS platform to the FCI banker, i.e. ICICI bank Ltd, 9
Phelps building, C.P., New Delhi. IFSC code ICIC0000007 as per the detail
below: -
i. MT760 COV for issuance of Bank Guarantee.
ii. MT767 COV for amendment of Bank Guarantee.
iii. Issuing bank shall mention FCI beneficiary office code in field 7037 of
MT760COV/MT767COV.
iv. FCI beneficiary code is “FCINC11”.
b. The bidder shall submit the copy of SFMS message as sent by the issuing
bank branch along with the original Bank Guarantee.
c. BANK GUARANTEE submitted without these details shall not be accepted.
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10. After evaluating the Technical Bid of all the parties considered fit, the financial/
price bid of technically qualified parties will be opened on date & time to be
fixed subsequently, in the presence of the concerned tenderers/ authorized
representatives who may wish to be present at their own expenses.
11. The tenderer shall furnish all the details as prescribed in the Tender form. The
details of the warehouse as per the criteria should be furnished adequately and
the selection will be based on suitability of the warehouse for the intended
purpose.
Warehouse “with services”:-
The rate should be quoted in the Price Bid in Rs…………….……. P……………
(Rupees ……………… and paise ……………..only) as storage charge per Quintal
(excluding GST, as applicable) of food grains/sugar etc. per month including
preservation, insurance, watch and ward, ancillary facilities such as office
room, toilets, water tank, labour rest shed, electric room, pump room, lorry
weighbridge, computer systems and associated man power for all warehousing
operations. This should be inclusive of property tax, minor/major maintenance
of roads and buildings, water and electrical installations and other charges as
per the terms of agreement to be entered. The rates are inclusive of all statutory
taxes, duties, cess etc.
Warehouse “without services”:-
The rate should be quoted in the Price Bid in Rs ……….…………….P……………
(Rupees ………………………..….…..and paise………………..…..only) as storage
charge per Quintal per month including ancillary facilities such as office room,
toilets, water tank/drinking water, labour rest shed, electric room, pump room,
lorry weighbridge, computer systems for all warehousing operations. (This
should be inclusive of property tax, minor/major maintenance of roads and
buildings and other charges as per the terms of agreement to be entered. The
rates are inclusive of all statutory taxes, duties, cess etc.) excluding GST as
applicable.
12. The Tender should be signed by the warehouse service provider or the
authorized signatory with appropriate power of attorney under the signature of
firm/proprietor/owner. The warehouse on leased land can be considered. The
residual lease should be comprehensive and irrevocable in favour of the bidder
and for a period of minimum three (3) years from date of hiring. Bids received
from the parties who are willing to acquire the warehouse by way of ownership/
Registered Lease deed (for minimum three years) within 15 days from the date
of acceptance of E-tender for availing warehousing services can also be
considered. An undertaking for the same has to be furnished by the bidder at
the time of submission of bid on stamp paper. EMD of such bidder shall be
forfeited in case of failure to acquire the warehouse and submit the lease
documents to FCI within 15 days.
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However, in addition to the above provision, partial capacity of the offered
warehouse of “Lease with Services” under PWS can be availed subject to the
following conditions.
i. Partial capacities may only be availed in consuming regions.
ii. Further, the partial capacities offered only on „Lease with services‟ can
be considered.
iii. That the partial warehouse offered under PWS to FCI should be a
separate shed with „Lock & Key‟ exclusively for storing the stocks of FCI.
Stocks other than that of FCI are not to be allowed for storage in Sheds
offered to FCI.
iv. The bidder shall ensure the safety & security in terms of both quality and
quantity of FCI stocks at all the times.
16. The tenderer before submitting the tender should upload proper documents in
the concerned bid properly duly signed & stamped.
19. FCI reserves the right to accept or reject any of the tender received without
assigning any reason.
20. Tenders which do not fulfil any of the conditions or incomplete in any respect
shall be summarily rejected.
21. FCI would be at liberty to reject any or all the proposals at any point of time, if
the ownership of the warehouse and encumbrance etc. are found to be doubtful
or improper.
22. The Tenderers should sign & seal (Stamp) all the pages of the tender form and
all the documents produced.
23. No negotiations will be held.
24. The hiring of warehouses shall be subject to laws of the land, rules, guidelines,
instructions etc. issued by Food Corporation of India/Govt. of India/State Govts.
etc. as amended from time to time and the bidder shall be fully responsible for
due compliance thereof. The warehouse service provider shall be responsible
for compliance of all statutory provisions including labour laws pertaining to
minimum wages, EPF, ESI etc. in respect of personnel engaged by it.
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25. The Decision of Competent Authority will be binding on all tenderers.
Note: For availing warehousing services on “Lease Only‟ basis, the Model Agreement
Clause No. 2.1 to 2.7, Clause No. 3.1 to 3.4, Clause No. 4.1 to 4.6, Clause No.
5.1, 7.1, 7.2, Clause No. 14, Annex-A Clause No. 11, 12, 21, 22, 23 and 24 are
not applicable.
($$) In accordance with the guidelines issued by Ministry of Finance vide office
Memorandum dated 12.11.2020, the security deposit payable by the bidder
shall be restricted to 3% of the value of the contract i.e. rate payable for the
guarantee periods (two years). The above shall be applicable for warehouses
both under “lease with services” and “lease only”.
(## $$) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
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Security Declaration
Date:_________________ Tender No.______________________
To
The General Manager (Region),
Food Corporation of India,
Regional Office, .......................,
Date:
Place: (-----------------------------)
Signature of the Applicant
Name, Address & Seal of the applicant
______________________________
Signed:
(Note: In case of a joint venture, the Bid Security Declaration must be in the name of all
partners to the Joint Venture that submits the bid.)
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FOOD CORPORATION OF INDIA
REGIONAL OFFICE, ..............
Cost of tender participation (Non-refundable): No tender fee
NOTE: If the date fixed for opening the Tender is subsequently declared as holiday
the tenders will be opened on the next working day following the holiday but there
will be no change in time and venue for opening as indicated above.
D. The Tender rate and offer shall remain open for acceptance for a minimum period
of 45 days from the date of opening of financial/price bid which shall be extendable
for another 45 days at the discretion of FCI and on mutual consent thereafter.
NOTE:
REGISTRATION:
1. Bidders are required to register on the GeM e-Procurement module (URL
https://sso.gem.gov.in).
3. Bidders are advised to register their valid email address and mobile numbers as
part of the registration process. These would be used for any communication from
the GeM Portal.
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SEARCHING FOR TENDER DOCUMENTS:
A. There are various search options built in the GeM Portal, to facilitate bidders to
search active tenders by several parameters. These parameters could include
Tender ID, organization name, location, date, value, etc. There is also an option of
advanced search for tenders, wherein the bidders may combine a number of
search parameters such as organization name, form of contract, location, date,
other keywords etc. to search for a tender published on the GeM Portal.
B. The bidder should make a note of the unique Tender ID assigned to each tender, in
case they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS:
A. Bidder should take into account any corrigendum published on the tender
document before submitting their bids.
B. Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note
the number of covers in which the bid documents have to be submitted, the
number of documents - including the names and content of each of the document
that need to be submitted. Any deviations from these may lead to rejection of the
bid.
C. Bidder, in advance, should get ready the bid documents to be submitted as
indicated in the tender document. Bid documents shall be scanned legibly with 100
dpi with black and white option.
SUBMISSION OF BIDS:
1. Bidder should log into the site well in advance for bid submission so that he/she
upload the bid in time i.e. on or before the bid submission time. Bidder will be
responsible for any delay due to other issues.
2. Bidder has to select the payment option as "offline" to pay the EMD as and when
applicable and enter details of the transaction no. (UTR No.) at appropriate place.
3. Bidder should deposit the EMD as per the instructions specified in the tender
document. The details of the EMD/tender fee should be filled carefully at specified
place well before the closure time of the bid as indicated in the tender form.
Otherwise the uploaded bid will be rejected (##).
4. Bidders are requested to note that they should necessarily submit their financial
bids in the format provided and no other format is acceptable. If the price bid has
been given as a standard BoQ format with the tender document, then the same is
to be downloaded and to be filled by the bidders. If the BoQ (pdf file) file is found to
be modified by the bidder, the bid will be rejected.
5. The server time (which is displayed on the bidders' dashboard) will be considered
as the standard time for referencing the deadlines for submission of the bids by the
bidders, opening of bids etc. The bidders should follow this time during bid
submission.
ASSISTANCE TO BIDDERS:
A. The bidders can seek clarification upto 3 working days before last date of
submission of tender. The concerned RO shall furnished reply at least 24 hours
before the bid submission time.
B. Any queries relating to the process of online bid submission or queries relating to
GeM Portal in general may be directed to the GeM Portal Helpdesk. The contact
number for the helpdesk is 1800-419-3436.
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C. The Pre-bid briefing will be held in the office of General Manager(R), Food
Corporation of India, Regional Office .............., by .............on ………….. at 11:00 AM
wherein the instructions and the manner in which the tenderers are to be submitted
and the rates to be quoted will be explained. Tenderer, who wish to be present may
do so at their cost and expenses at the fixed date, time and venue.
(##) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
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FOOD CORPORATION OF INDIA
REGIONAL OFFICE, ............................
TENDER FORM
General Manager (Region), Food Corporation of India, Regional office, ..............,
To
S/Shri/Ms. ………………………………..
……………………………………………
……………………………………………
Dear Sir,
For and on behalf of the Food Corporation of India, (hereinafter called the
„Corporation‟) the General Manager (Region) Food Corporation of India, Regional
Office, ............................ invites tenders under two bid system from warehouse
service providers who can provide warehouses along with warehousing facilities for
storage of food grains to FCI in .............. State, as per locations/railhead given in NIT.
The Warehouse offered should be registered with WDRA. However, the bidders
who have applied for WDRA registration shall also be eligible to participate in the
tender provided that the registration process shall be completed within three months
from the date of award of work, failing which the contract shall be summarily
terminated and Security deposit shall be forfeited.
The contract is for a period of two years extendable by another one year at the
same terms and conditions at the sole discretion of FCI. The provision of revision of
rates by linking it with WPI index in case of warehousing facilities availed “With
Services”. The revision in rates @33% of WPI Change may be made applicable after
completion of initial Two years guarantee period.
A normalization factor of Rs ……… per quintal per k.m. will be applied to all the
bids received for from the railhead while evaluating the price bid. The Warehouse can
be vacated by FCI under exceptional circumstances by giving three months‟ notice.
The minimum capacity of the offered warehouse shall be 2500 MT within one premises
at a particular location. However, for Hilly Area minimum capacity shall be 1670 MT.
Normalization would be applicable only when two or more bids are received for
a particular location. In that case, all the bids shall be normalized for comparison.
Normalization factor would be applied to all the bids for the distance from the railhead
to derive lowest bidder. Rate of lowest bidder such derived will be counter offered to
all other bidders.
(Nearest feeding base depot and transportation rate shall be declared in advance.)
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A. BRIEF DESCRIPTION OF WORKS:
The tenderer shall provide warehouses for storage of foodgrains at the location
indicated above as per terms & conditions enclosed in Annexure-A. The tenderer must
get himself fully acquainted with the working of FCI in offering warehousing services to
FCI before submission of tender and rates quoted by them. In case the rates are
quoted in price bid in a manner other than mentioned in Annexure-„A‟ the tenders are
liable to be ignored. The Tenderers should not incorporate any condition in the tender
as conditional tenders will be rejected. The contract, if any, which may eventuate from
this tender shall be governed by stipulations as given in this tender form and it‟s
Annexure „A‟ to „G‟. Options of offering warehouse „without services is also allowed in
the scheme‟. (No revision in rates.)
The tenderers must furnish full, precise and accurate details in respect of
information asked for in the technical bid form of tender.
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In case of NEFT/RTGS/other electronic means the tenderer has to indicate
transaction no. (UTR No.) of such payments appropriately in the Bid. Technical
Bid not accompanied by Earnest Money Deposit (EMD) and/or Tender fees shall
be summarily rejected.
ii. Due to technicality involved the EMD shown on the CPP portal is Rs. 20/- only and
represent the multiply factor so as to run the system. However, Tenderer have to
deposit the EMD as per the terms & conditions given in the MTF i.e. Rs.20 per MT
of the offered capacity (##).
iii. The Earnest Money shall be liable for forfeiture, if the tenderer after submitting
his tender resiles from or modifies his offer and/ or the terms & conditions there
of in any manner even if Corporation has not suffered any loss during the validity
period of this tender enquiry, it being understood that the tender documents
have been made available to him and he is being permitted to tender in
consideration of his agreement to this stipulation. The earnest money is also
liable to be forfeited in the event of tenderer‟s failure to furnish the requisite
security deposit by the due date without prejudice to any other rights and
remedies of the Corporation under the contract and law. The earnest money will
be returned to all unsuccessful Tenderers without interest as soon as
practicable possible after decision on tenders and to successful tender after he
has furnished a security deposit, if the successful tenderer does not desire the
same to be adjusted towards the security deposit. No interest shall be payable
on the amount of earnest money in any case.
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a. The Bank Guarantee issuing Bank shall send cover for Bank Guarantee issued,
through SFMS platform to the FCI banker i.e. ICICI bank Ltd, 9 Phelps building,
C.P., New Delhi. IFSC code ICIC0000007 as per the detail below: -
i. MT760 COV for issuance of Bank Guarantee.
ii. MT767 COV for amendment of Bank Guarantee.
iii. Issuing bank shall mention FCI beneficiary office code in field 7037 of
MT760COV/MT767COV.
iv. FCI beneficiary code is “FCINC11”.
b. The bidder shall submit the copy of SFMS message as sent by the issuing bank
branch along with the original Bank Guarantee.
c. BANK GUARANTEE submitted without these details shall not be accepted.
v. The Security deposit furnished by the tenderers would be subject to the terms &
conditions given in the Annexure „A‟ of this tender and the Corporation will not be
liable for payment of any interest on the security deposit or any depreciation
thereof.
If the successful tenderer had previously held any contract and furnished security
deposit, the same shall not be adjusted against this tender and a fresh security
deposit will be required to be furnished.
ii. The tender document should be uploaded on the website including invitation to
tender intact, without detaching any page or pages dully filled in completed and
signed on each page of tender form.
iii. The successful tenderer will ensure that the necessary documents authorizing
the person who has signed the tender to bind his firm or the company have been
filed or registered with the.
The detailed checklist of documents to be submitted is given in Annex.-„D‟
However, as per the guidelines issued by Ministry of Finance vide Office Memorandum
dated 12.11.2020 stipulates that- No provisions regarding EMD should be kept in the
Bid Documents and only provision for Declaration should be kept in Bid Documents.
These instructions will be applicable for all the tenders issued till 31.12.2021.
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(f) DELIVERY OF TENDERS:
(i) The tender shall be submitted in two parts, viz., technical bid and Price bid.
Tenders which do not comply with this instruction shall be summarily rejected.
(ii) All supporting documents including tender documents have to be scanned and
uploaded in the technical Bid. Price Bid as per Annexure 'C' has to be scanned
and uploaded at the requisite place in the e-procurement system.
(iii) Technical Bid shall be accompanied by earnest money @ Rs. 20/- per MT of the
capacity offered by the tenderer must be deposited electronically through
NEFT/RTGS/other electronic means from any scheduled bank by the tenderers
in the Bank A/c of FCI, details of which are as follows:
A/c Name- Food Corporation of India. .............. IFSC CODE – .............(##)
(iv) All credentials, documents & copies of certificate/information called for should
be submitted as per tender form with the technical bid.
(v) The tender form shall be filled in by the tenderer clearly, neatly and accurately.
Any alteration erasers or overwriting will render the tender invalid. Alteration
neatly carried out and attested over the full signature of tenderer, however, is
permitted.
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(i) ACCEPTANCE OF TENDER:
The General Manager (Region), Food Corporation of India, Regional Office, ..............
............. for and on behalf of Food Corporation of India, reserves the right to reject any
or all the Tenders without assigning any reason and does not bind himself to accept
the lowest or any tender. The successful tenderer will be intimated about the
acceptance of his tender by a letter /email or formal acceptance of tender.
Yours faithfully,
($$) In accordance with the guidelines issued by Ministry of Finance vide office
Memorandum dated 12.11.2020, the security deposit payable by the bidder
shall be restricted to 3% of the value of the contract i.e. rate payable for the
guarantee periods (two years). The above shall be applicable for warehouses
both under “lease with services” and “lease only”.
(## $$) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
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ANNEXURE-A
2. The minimum capacity of the offered warehouse shall be 2500 MTs. , However, for
hilly area, it shall be 1670 MT. The initial period of hiring shall be two years
extendable by another one year at the same terms and conditions at the sole
discretion of FCI. The warehouse can be vacated by FCI under exceptional
circumstances by giving three months‟ notice only. The premises within the
boundary of the offered warehouse should not be used for any other activity
offering of part vacant in the same warehouse is not allowed.
3. A normalization factor of Rs* ……… per quintal per k.m. will be applied to all the
bids received for a location from the railhead while evaluating the price bid. In case
of Road-fed warehouses, distance from nearest FCI warehouses (owned or hired)
be taken for normalization. (*to be filled by R.O. as applicable for PEG Scheme-
2008)
Normalization would be applicable only when there are two or more bids for a
particular location. In that case, all the bids are normalized and then compared.
Normalization factor would be applied to all the bids for the actual distance from
railhead to derive lowest bidder. Rate of lowest bidder such derived will be counter
offered to all other bidders.
(Nearest feeding base depot and transportation rate shall be declared in advance.)
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4. The warehouse should have been scientifically constructed on elevated area and
storage worthy for food grains to the satisfaction of FCI.
5. There should be proper approach road up to the warehouses from the main high
way. Similarly, there should be adequate internal roads to facilitate easy movement
of trucks.
6. There should be a weigh bridge of suitable weighing capacity within the premises in
the warehouse or enroute from Rail Head or FCI depot up to the warehouse.
7. Warehouse service provider shall provide following hardwires for Depot Online
System (DoS):
ii. In case the ELWBs are inside the warehouse premises, the Warehouse service
provider may club the process of entry at gate with LWB and reduce 1 desktop
machine and printer for gate.
iii. Hand-held devices for real time data capture at source during shed operations and
QC operations are to be provided by the warehouse service provider. However,
the current DOS operations support mobile browsing and available mobile phone
may be used for data entry as per discretion of the warehouse service provider.
This facility should be provided by the Warehouse Service Provider within one
month of taking over the warehouse. Failing which, necessary arrangement shall
be made by FCI and recovery toward the cost incurred will be made good from
the monthly rental bills.
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9. Warehouses should have the following supporting facilities:-
a. Proper drainage.
b. Boundary wall/fencing.
c. Electricity, water, toilets, fire fighting equipment, QC equipment etc.
Point no. C
In case of “Lease Only” warehouses it is Electricity connection, water supply
connection, fire-fighting equipment‟s, functional Toilets with running water etc.
The above list is illustrative and not exhaustive.
10. There should be small supporting building to house office, records, chemicals,
QC equipment, gunnies and earmarked sitting space for 2 employees of FCI.
11. There should be proper Watch & Ward arrangement in the premises of proposed
warehouse.
i. The personnel deployed for the Security of the establishment either should
be from DGR empaneled agency /State Home guard etc. or should have
undergone training from Government recognized /approved training institute
for providing training to the private security personnel.
ii. Payment of Minimum wages and compliance of other statutory requirement
such as EPF, ESI etc. shall be ensured by the warehouse service provider.
12. The Warehouse service provider shall have to acquire comprehensive insurance
of stocks against loss sustained on account of fire, flood & inundation, cyclone,
riot and strikes, earthquake, malicious damages, theft, house breaking and
burglary and misappropriation of stocks etc.
The insurance shall be taken at the latest average acquisition cost available at the
FCI website link on the date of award of contract/ Renewal of Insurance, as the
case may be. Copy of general insurance for indemnifying against the risk of fire,
flood & inundation, cyclone, riots & strikes, earthquake, malicious damages,
theft, house breaking, burglary and misappropriation of stocks, etc. shall be
submitted by the warehouse service provider at the time of submission of first bill.
13. It would be ensured by the Warehouse service provider that there is no hindrance
while carrying out day to day operations/ moving the stocks.
14. The Warehouse Service Provider shall be responsible for annual or casual repairs
which is necessary for proper maintenance and storage of food grains. The
Warehouse Service Provider shall be responsible for day to day maintenance of
the warehouse/premises and other allied facilities and any damage to the stock
on any account shall be recoverable from the Warehouse Service Provider. The
Warehouse Service Provider shall maintain all approach roads to the warehouse/
premises in good and motorable condition. The Warehouse Service Provider
shall, during the terms of tenancy keep the warehouse/premises in leak proof and
waterproof condition and fit in all respects for storage of food grains. The
Warehouse Service Provider shall carry out at his own cost such repairs to the
roofs, floors, walls, doors, windows etc. of the warehouse/premises as may be
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necessary and make the warehouse/premises fit in all respects for the storage of
foodgrains within seven days of the receipt of a notice from the FCI. If the
Warehouse Service Provider neglects and fails to carry out the necessary repairs
then the FCI shall have the right to get the repairs done at the cost of the
Warehouse Service Provider and the same shall be deducted from the immediate
storage charges due to the Warehouse Service Provider and the balance, if any
shall be recoverable from the Warehouse Service Provider‟s future storage
charges or the security deposit of the Warehouse Service Provider, as the case
may be. If the complaint is not attended to promptly, the storage charges of the
warehouse/ premises are liable to be stopped for adjustment of the repairs
executed, expenses etc.
i. The Warehouse Service Provider shall bear the losses occurred due to fault
in roofs, floors, walls, windows etc. till the repairs are carried out.
15. Bids shall be obtained under Two (2) Bid System i.e. Technical and Price Bid. The
technical bid will contain ownership, location, storage capacity, distance from
nearby FCI Warehouses (owned/hired)/Railhead, Income tax Certificate etc. as
mentioned in the Technical Bid. Price Bid will contain the rate per Quintal per
month as storage charge including preservation, insurance, watch and ward,
ancillary facilities such as office room, toilets, water tank, labour rest shed,
electric room, pump room, lorry weighbridge, computer systems and associated
man power for all warehousing operations. This should be inclusive of property
tax, minor/major maintenance of roads and buildings, water and electrical
installations and other charges as per the terms of agreement to be entered. The
rates are inclusive of all statutory taxes, duties, and cess etc. excluding GST if
applicable.
In the context of GST, it is to clarify that for the Warehousing Services availed with
services at present storage and warehousing services in respect of agriculture
produce are exempt under GST. However, in case, the same Warehousing
Services availed on „lease only‟ basis, the same would be subject to GST rate of
18% at present. This will have substantial impact on economics when Warehouse
on “lease only” basis are availed and therefore the same needs to be taken into
account while finalisation of tender.
16. The FCI shall avail Warehousing Services on reservation basis for a specified
capacity and period. Stocks received over and above the reserved capacity of the
warehouses, no extra charges will be paid to the warehouse service provider. On
expiry of the guarantee period, the storage charges shall be paid on actual
utilization basis till the stocks are liquidated. The Warehouse shall be vacated
maximum within three months from the date of expiry of guarantee period.
17. The Warehouse service provider shall hold all valid licenses issued by the
Competent Authority, clear title of property, valid PAN & GSTIN Number etc. and
up to date tax clearance certificate from the concerned authority.
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18. The Tender shall be accompanied by an EMD of Rs.20/- per MT of the capacity
offered through NEFT/RTGS/other electronic means from any scheduled bank by
the tenderers in the Bank A/c of FCI, details of which are as follows.
A/c Name- Food Corporation of India. ............ IFSC CODE – ............
The transaction details of remittance of EMD and Tender fees to FCI‟s A/c should
be filled at the appropriate place in the tender. The successful tenderer would
have to deposit security deposit equivalent to two months‟ storage charges/rent
payable to him for the warehouse offered “with Services” and deposit security
deposit equivalent to one months‟ storage charges/rent payable to him for the
warehouse offered on “Lease only”(##).
19. The tenderer is advised to carefully go through the copy of the various clauses in
the model agreement (Annexure „E‟), which will have to be signed by him.
20.
Applicable for 'Lease with services' Applicable for PWS 'Lease only'
Warehouses. Warehouses
The Warehouse service provider shall The Warehouse service provider shall
provide all the warehousing facilities at par provide warehouse and regular repair and
with FCI including proper stacking, maintenance of the warehouse/premises,
scientific storage and treatment of the
providing electricity & water facility
stocks, fire-fighting measures, round the
clock security, proper prophylactic & (Electricity & water charges shall be borne
curative treatment, regular repair and by FCI), etc. (List is illustrative and not
maintenance of the warehouse/ premises, exhaustive). These facilities shall be part &
weighment of the stock, providing parcel of the storage charges as agreed.
electricity & water charges, etc. (List is The Warehouse service provider shall
illustrative and not exhaustive). These keep all the facilities available in the
facilities shall be part & parcel of the
warehouse/ premises like weighbridge,
storage charges as agreed. The
Warehouse service provider shall keep all drinking water facility, electrical fittings,
the facilities available in the warehouse/ electricity connection, fire fighting
premises like weighbridge, fire-fighting equipment, CCTV with live feeding,
equipment, beam scale, CCTV with live approach road etc. functional and shall
feeding, QC equipment‟s, drinking water offer Warehouse to FCI without any
facility, electrical fittings, electricity,
additional cost other than storage charges
approach road etc. functional and shall
offer them to FCI without any additional as agreed. If the Warehouse service
cost other than storage charges as provider fails to provide facilities as
agreed. If the Warehouse service provider mentioned above, the FCI shall have the
fails to provide facilities as mentioned right to get the facilities provided at his
above, the FCI shall have the right to get cost or/and expenses so incurred by the
the facilities provided at his cost or FCI shall be deducted from the storage
expenses and cost or expenses so
incurred by the FCI shall be deducted from charges together with element of interest
the storage charges together with element thereon, worked out on the basis of
of interest thereon, worked out on the diminishing balances and in the manner
basis of diminishing balances and in the considered fit by the FCI at its discretion.
manner considered fit by the FCI at its The cost or expenses incurred by the FCI
discretion. The cost or expenses incurred on Warehouse service provider account
by the FCI on Warehouse service provider
would be treated as final, without calling
account would be treated as final, without
calling them in question. them in question.
20
21. The Warehouse service provider shall maintain an inventory requirement of 3
months stocks of chemical at any given point of time. The party should have
sufficient fumigation covers, sand snakes and other QC equipment like fumigation
covers, spray pumps, dunnage material etc. as indicated in the Schedule-I of the
terms & conditions attached. Amendments made in the dunnage policy by the FCI
/ GOI from time to time shall be binding on the Warehouse Service Provider. (Not
applicable in case of “Lease Only” Warehouses).
22. The Warehouse services provider shall be responsible for down gradation or
damage to the stocks under their custody during storage. The corresponding
losses shall be computed and recovered from the warehouse service provider
from the dues payable as per the instructions/guidelines issued by FCI from time
to time. (Not applicable in case of “Lease Only” Warehouses).
23. Consignee/consignor will be FCI/CWC/SWC, in case of dispatch/receipt of stocks
in these Warehouses. Therefore, the existing quality complaint procedure shall be
applicable. (Not applicable in case of “Lease Only” Warehouses).
24. The warehouse service provider shall be responsible for the Storage losses
which are beyond the norms fixed by GoI/FCI and the value of such unjustified
losses in storage will be recovered by FCI from the dues payable to Warehouse
Service Provider at average acquisition cost. (Not applicable in case of “Lease
Only” Warehouses). The storage loss norms are available at following link:-
25. The Warehouse service provider shall not sub-let the whole or part of the storage
space availed by FCI in any way. However, FCI will have the right to rent out the
idle storage capacity to the suitable party.
26. The matter of appointment of Handling and Transport Contractor will be purely on
merit vis-a-vis utilizing services of the existing FCI Contractor or appointed
through tender inquiry by FCI on existing MTF for the purpose. The Warehouse
service provider shall have no objection for the same.
27. If there is any violation of standing instruction by the warehouse service provider
which leads to financial loss to the Corporation, a notice shall be issued to the
service provider to compensate for the losses sustained by the corporation within
15 working days of issue of notice. If the service provider does not offer a
plausible explanation or pay the money, FCI shall be at liberty to recover the
amount from the running bills of the service provider. In case the sum available as
indicated above is not sufficient to cover the full amount claimed by Corporation,
the Warehouse Service Provider shall pay to the corporation on demand the
remaining balance of the aforesaid amount claimed, failing which the Corporation
shall be at liberty to recover the same from security deposit without prejudice to
any other action deemed appropriate by the Corporation.
28. The successful bidder shall obtain FSSAI license for storing of foodgrains.
29. The responsibility to comply with all statutory obligations under various
Central/State Acts which are in force shall be that of the Warehouse service
provider.
21
## No EMD is required to be submitted by the bidder as per guidelines issued by
Ministry of Finance vide office Memorandum dated 12.11.2020. However, the
bidder must submit bid declaration as per prescribed Proforma. If the bidder
fails to upload the bid declaration, his bid will not be considered.
($$) In accordance with the guidelines issued by Ministry of Finance vide office
Memorandum dated 12.11.2020, the security deposit payable by the bidder
shall be restricted to 3% of the value of the contract i.e. rate payable for the
guarantee periods (two years). The above shall be applicable for warehouses
both under “lease with services” and “lease only”.
(## $$) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
22
SCHEDULE- I
A. CLEANLINESS:
The warehouses should be swept regularly at least twice in a week and kept in
neat, tidy and hygienic condition. All webs on the wall roof, alleyway & bags should
be removed regularly and bags should be properly brushed and cleaned. No loose
grains should lie on naked floor.
C. AERATION:
D. SPRAYING:
As soon as the stack is complete, it should be sprayed as per following norms:
23
E. DETERMINATION OF SURFACE:
The surface area of a stack should be calculated for its five sides by applying
the formula 2h(L+B) +(LXB) + 10% of thereon should be added as an allowance for inter
bag space.
F. FORTNIGHTLY INSPECTION:
2) There are any leakage/cracks and warehouse stand in need of any repairs.
4) The floor is free from seepage or not, if not, whether the stocks are likely to get
damaged due to seepage.
8) The grain of bottom layer bags and other bags is dry, if not whether there is any
likelihood of damage to stocks on account of excessive moisture.
9) The stocks are free from infestation. If not, what is the kind and magnitude of
infestation and whether spraying/fumigation of the stocks is warranted?
10) There is any damage to stocks due to infestation and, if yes, to what extent.
11) There are any stocks warranting immediate disposal for reasons of
deterioration.
The observations made during inspection should be recorded in the stack wise
inspection register and stack cards. Whatever action is required on above points as a
result of inspection should be taken at once. A detailed report about the action taken
and required to be taken should be sent to Divisional Manager of FCI.
24
H. FUMIGATION:
Dosage Remarks
Fumigation under Gas Immediate fumigation, resorted to as and when
proof cover : 3 Tablets or infestation of pest is noticed, fumigation is to be
9 gramper MT of stocks imparted as per advice of Quality Control officers/
officials
After fumigation is carried out, it should be noticed if there are any crawling
insects on the top of stacks or on sides, if fumigated, under gas proof cover it should
be presumed that the fumigation operation has not been successful. The cause
should be looked into and avoided for future operations & stocks should be
fumigated again and after exposure period of fumigation the bags and the stacks
should be cleaned and brushed thoroughly to remove ash and dead pest & stocks
should be sprayed with Deltamathrine to eliminate the chances of any living pest.
The Warehouse Service provider shall purchase all insecticides required for
maintaining the health of stocks well in advance. However, Warehouse service
provider shall be responsible for disposal of empty insecticide containers as per the
procedure laid down in THE INSECTICIDES ACT, 1968 and the Rules framed there
under.
25
7 LDPE Polythene Size 32‟x21‟x17‟ Average 12 cover for first 5000 MT. And
Cover Thickness 1000 gauge Weight 52 12 covers for every additional
kg. 10000 MT or part thereof.
8 Sand Snakes Length 40‟ with dia. Of 7 “ 1600 Nos
9 Pokers 4
(iron make)
10 Enamel Plates 4
11 Sieve set 1
12 Thermometer 1
13 Ladder 1
14 Bucket 20 Litres Capacity 2
15 Mug 1 Litres capacity 2
16 Measuring 100 ml capacity 2
Glass
17 Aluminium Each tablet of 3 grams (for Pre Monsoon fumigation shall
Phosphide fumigation purpose) be mandatorily undertaken by
the warehouse service
provider for entire stocks
stored in the warehouse. In
addition, fumigation is to be
imparted as and when
infestation is noticed.
18 Deltamethrin Once in 3 months or after 5 Kg per month
fumigation (for spraying)
19 Malathion Once in a 15 days (Spraying 4 Litres per month
26
ANNEXURE- B
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
_____________________________________________________ __
27
h) Copy of document showing property tax clearance issued by the competent
authority, if applicable. However CPSE/State Government Agency shall be
exempted from submission of tax clearance certificate.
l) Name, address & phone No. of Proprietor and all the Partners/Directors of
the firm (as the case may be)
m) Copy of the IT Returns of the tenderer firm for the last one year in case the
tenderer is an assesse or Bank Statement of the tenderer for the last financial
year.
n) Name of the current Bankers of the tenderer firm along with addresses &
phone no. of the Banks.
Declaration to the effect that tenderer (Warehouse Service Provider) shall comply with
all the statutory laws/rules and are in possession /will obtain all necessary licenses
from the respective competent authorities for running the warehousing services.
(##) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
28
Annexure B/1
To,
Subject: Application for offering warehouse to FCI for storage of foodgrains with
warehousing facilities at par with CWC/SWC
Sir,
PART A
I wish to offer following warehouses along with warehousing facilities at par
with CWC/SWC to FCI for scientific storage of food grains :-
29
10 Distance of warehouse (in Kms.)
(i) From nearest railway Goods-shed
(ii) From National Highway
(iii) From State Highway
(iv) From pucca black topped main road
(v) From nearest FCI warehouse (own/hired from SWC/CWC)
(vi) From nearest mandi/FCI procurement point: Name of the mandi/
Purchase centre
11 Condition of the warehouse:
(i) Floor: whether cement concrete, stone slabs, unplastered
brick, kutcha etc.
(ii) Roof: whether of tiles, GI sheets, tin sheets, cement
concrete etc.
(iii) Walls: Whether of bricks plastered and white washed,
unplastered brick stone etc
(iv) Doors: Height and width, whether of wood, tin sheet or iron
gribble etc. with condition of structure and material used.
(v) Windows/Ventilators: With area of each and indicate
whether these are fully protected by doors/ shutters for safe
guard against entrance from exterior.
(vi) Plinth:
(a) Floor height of warehouse:
(b)Height from adjacent ground level
12 Warehouse Capacity
The illustrative standard design of a warehouse with 174 MT
stack plan is attached with tender document.
Bidder shall be required to quote capacity based on the physical
dimensions of the warehouse offered and no. of standard stacks
or part thereof, which can be accommodated in the warehouse.
Bidder to submit design and drawing of stack plan. The capacity,
thus declared by the bidder shall be verified during physical
inspection of the warehouse and contract shall be awarded
based on the verified capacity at the rates offered in the bid.
13 Condition of roads inside the warehouses:
(i) Black topped/metalled
(ii) Whether fit for movement of heavy vehicles
(iii) No. of trucks which can be accommodated inside the
warehouse for loading/unloading at a time.
14 Year of construction of the warehouse and age of individual units.
15 Is the warehouse having its independent entrance from security Yes/No
angle?
16 Whether warehouse can be taken on rent in present condition Yes/No
without any repairs?
17 What is the minimum/maximum period for which warehouse can Minimum Maximum
be given on rent?
18 Willingness to provide QC equipment‟s as per Schedule-I of Yes/No
Terms & conditions (Annex.- A of tender form)
19 Willingness to obtain all necessary licenses from respective Yes/No.
competent authorities for running the warehousing services
Date:
Place: (-----------------------------)
Signature of the Applicant
Name, Address & Seal of the applicant
______________________________
______________________________
______________________________
30
31
PART B
(To be filled by Office)
We have checked all the details submitted by the Warehouse Service Provider given in
his proposal by making on site verification on ________ (date of inspection). After
inspection, we are of the opinion that:
f) The design and drawing of stack plan submitted by the bidder has been verified
and the capacity of the warehouse is _________. (In case of variation in the
capacity declared by the Bidder and the verified capacity, specific remarks to
be given and capacity of the warehouse to be stated accordingly).
----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------
Place:
Date:
32
PART C
(To be filled by Office)
I have examined all the details submitted by the Warehouse Service Provider in his
proposal and I have also examined the report of the three member committee. Further
Place:
Date
33
ANNEXURE „C‟
PRICE BID FORM
TO,
Dear Sir,
I/we, submit the sealed price bid for offering my warehouse to FCI for storage of
food grains along with warehousing facilities at par with CWC/SWC at _______________
(name of the location)
34
5. As required, no documents are being enclosed with price bid. RTGS/NEFT no.
__________ dated _______ on _____________________ (name of the Bank) for a sum of Rs.
_________ (Rupees______________________________) is enclosed with the technical bid as
earnest money. In the event of my tender being accepted, I/We agree to furnish a
security deposit of ________________by __________ :
___________________________________________ ____(##)
6. I/We do hereby declare that the entries made/ information submitted in the
tender and its annexures „A‟ to „G‟ are true and also that we shall be bound by the act of
my/our duly constituted attorney, Shri __________________________________________
whose signatures are appended hereto and of any other person who in future may be
appointed by me/us in his capacity to carry on the business of the concern whether any
intimation of such change is given to the General Manager(Region), FCI, Regional
Office, .............. .............or not.
7. I/We agree to keep the offer open for acceptance up to and inclusive of
_______________ and to the extension of the said date by 45 days in case it is so decided
by the General Manager(R) Food Corporation of India .............. .............and on mutual
consent thereafter.
Yours faithfully,
( )
Signature of Tenderer
With Complete Address
($$) In accordance with the guidelines issued by Ministry of Finance vide office
Memorandum dated 12.11.2020, the security deposit payable by the bidder shall
be restricted to 3% of the value of the contract i.e. rate payable for the
guarantee periods (two years). The above shall be applicable both for availing
warehousing services under “lease with services” and “lease only”.
(## $$) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
35
ANNEXURE-D
Note:- These instructions will be applicable to all the tenders issued till 31.12.2021.
36
WITH PRICE BID
S. Submitted
Details
no. Yes/No
SIGNATURE OF TENDERER
37
ANNEXURE-„E‟
MODEL AGREEMENT
1. STORAGE SPACE:
1.1 FCI will reserve the space in the warehouses of M/s ………………………………………
in terms of MT capacity and in that reserved capacity, FCI will be free to make as
many turnovers as required by the FCI and the monthly rent will be restricted to
the capacity actually reserved.
38
1.2 FCI shall reserve the space at the Warehouse in terms of MT (minimum 2500 MT
however for hilly area it shall be 1670 MT) for an initial period of two years
extendable by another one year at the same terms & conditions at the sole
discretion of FCI. The warehouse can be vacated by FCI under exceptional
circumstances by giving three month notice only. Reservation will be in terms of
complete month(s). The Warehouse Service Provider may provide storage space
to FCI in one or more warehouses, under its possession at the required centers.
1.3 Cancellation of the reservation of space before the expiry of the initial period of two
years would not be normally resorted to; however, in exceptional circumstances if
it is required by FCI, to cancel/curtail the quantum of reservation, advance notice
of three months shall be given. In case of normal circumstances, FCI will give prior
intimation one month before the expiry of the initial guarantee period either to
further extend guarantee for another one year or to dehire the warehouse. In case
of dehiring, FCI will try to vacate the warehouse with in the guarantee period,
however in case FCI is unable to vacate the warehouse within the guarantee
period, it will vacate not later than two months beyond the guarantee period. For
this period rent on actual utilization basis (AUB) will be paid.
1.4 FCI shall pay storage charges from the first date of deposit, to the Warehouse
Service Provider for the reserved space, whether the space remains totally or
partly utilized during the period of reservation. The storage charges would be paid
by FCI by 10th of subsequent month.
1.5 The FCI shall avail the warehousing services on reservation basis for a specified
capacity and period. Stocks received over and above the reserved capacity of the
warehouses, no extra charges will be paid to the Warehouse Service Provider. On
expiry of Guarantee period, the storage charges shall be paid on actual utilization
basis till the stocks are liquidated. The stocks shall be liquidated maximum within 3
months from the date of expiry of guarantee period.
2.1 FCI will send the stocks in sound bags to the warehouses. In case of receipt of cut &
torn bags if any found, the same would be replaced by Warehouse Service
Provider as per the terms of agreement, with gunnies to be supplied by FCI.
2.2 Goods will be tendered for storage by an authorized representative of FCI who will
fill up and sign the form for deposit and other formalities.
2.3 Bags found wholly or partly wet at the time of deposit shall be segregated and will
be accepted for storage after the contents are properly dried, reconditioned by
the Warehouse Service Provider as per the terms of the agreement and
considered fit to stand storage to be undertaken by Warehouse Service Provider.
2.4 Stocks at the warehouses would be received and issued on 100% weighment basis
on the lorry weighbridge available in the warehouse. In warehouses, it is the
responsibility of Warehouse Service Provider to provide weighment facility at its
own cost.
39
2.5 The Warehouse Service Provider shall be responsible for satisfactory storage of
stocks and shall take necessary care as is expected from a bailee. The quantum of
storage loss / gain shall be examined taking into account the condition of the
stocks at the time of receipt including infestation, if any, moisture contents at the
time of receipt and issue, storage period etc.
2.6 The weight of the stocks, moisture contents as well as condition of the stock at the
time of receipt and issue shall be jointly recorded by Warehouse Service Provider
and FCI staff and duly authenticated in records. Damages/down gradation /
deterioration if any, will be borne by Warehouse Service Provider.
3.1 The stocks stored on account of FCI shall be subject to monthly / periodical joint
inspection report by Warehouse Service Provider and FCI.
3.2. Loss and Gain Statement will be submitted by the concerned Warehouse Service
Provider or his authorized representative by 7th of succeeding month in the
prescribed proforma of FCI to the Divisional Manager through concerned Manager
(Depot) as per standing instructions of FCI.
The statement will be Commodity-wise, Month-wise, Stack-wise..
3.3. If the storage losses are beyond permissible limit as per FCI norms in vogue,
Warehouse Service Provider shall be responsible for the same and recoveries for
such unjustified losses shall be effected from Warehouse Service Provider by FCI.
In addition, the agreement with Warehouse Service Provider also stipulate that
Warehouse Service Provider shall be fully responsible for any loss caused to the
stocks of FCI while in custody of Warehouse Service Provider on account of fire,
flood & inundation, cyclone, riots & strikes, earthquake, malicious damages,
pilferage, theft, housebreaking, burglary, misappropriation etc. for which
recoveries will be made from Warehouse Service Provider on the rates fixed by the
FCI from time to time.
3.4 Norms / prevalent procedure for Storage Loss/ Gain finalized by the FCI / Govt. of
India from time to time will be binding on the Warehouse Service Provider.
4.1 Instructions for delivery or transfer of goods shall be in writing and signed by the
authorized representative of FCI.
4.2 In case delivery is to be given to any other person, he shall be duly authorized and
his signatures shall be attested by the authorized representative of FCI.
40
4.3 If a warehouse receipt has been issued, no goods covered by that receipt shall be
delivered back, unless the receipt properly endorsed, is surrendered by the
Manager (D) FCI, Incharge of particular warehouse for cancellation or for
endorsement of partial delivery thereof.
4.4 The delivery shall be given as per demand/priority given in writing to the Warehouse
Service Provider or his authorized representative by the authorized representative
of FCI.
4.5 The condition of stocks shall be examined by FCI representative, who shall give in
writing with full particulars of loss or damage / down-gradation / deterioration, if
any, caused to the goods to the Warehouse Service Provider or his authorized
representative forthwith or give notice within three working days of his examining
goods otherwise it may be presumed that FCI has no claim against the Warehouse
Service Provider for loss / damage. Similar notice for claim of damage will be given
to the Warehouse Service Provider or his authorized representative by FCI
representative in case he comes to know of the loss/damage/ deterioration / down
gradation while the goods are in the warehouse.
4.6 For delivery of goods before and after office hours and on holidays, reasonable /
prior intimation / notice shall be required to be given to the Warehouse Service
Provider or his authorized representative.
5.1 The matter of appointment of Handling & Transport contractor will be purely on
merit vis-a-vis utilizing services of the existing FCI contractor or appointed through
open e-tender inquiry by FCI as per existing MTF for the purpose. The Warehouse
Service Provider shall have no claim/objection for the same.
6. STORAGE CHARGES:
6.1 FCI shall pay to the Warehouse Service Provider storage charges at the rates
agreed by FCI .
6.2 The payment of storage charges to the Warehouse Service Provider in respect of
reserved space shall be made by FCI in the succeeding months in which the bills
are raised.
6.3 The Storage charges agreed are for Foodgrain i.e. wheat, rice, paddy, coarse grain
and sugar only. FCI will be authorized.to store other items like Gunny bales/ Gunny
bundles, Twine, Dunnage materials etc. for which I % of the reserved space would
be provided for free of storage charges since the above items are related to the
stocks.
6.4 Any claim will be deducted by FCI from the monthly rental Bills of the Warehouse
Service Provider after giving due notice.
41
7. INITIAL FUMIGATION (Not applicable in case of “Lease Only” Warehouse):
7.1 For stocks received in infested condition, necessary remarks shall be recorded by
Warehouse Service Provider and intimated to FCI in writing by the Warehouse
Service Provider to the consignee FCI Divisional Manager within 24 Hours about the
nature and intensity of infestation with the request to get the stocks inspected by
FCI QC staff within 2 days. If, no one from FCI inspects the stocks within 2 days of
receipt of communication, the Warehouse Service Provider can go ahead with the
fumigation immediately thereafter and maintain the records for future inspection by
FCI Officials, which would be acceptable to FCI and accordingly claims for
fumigation charge would be settled by the consignee FCI Divisional office”.
The Rates of Initial fumigation charges as fixed by FCI from time to time shall be
applicable”
7.2 In respect of stocks dispatched from the warehouses of the Warehouse Service
Provider, if the same are found to be dispatched in infested condition, as
substantiated by records and facts, FCI shall claim fumigation charges at rates
prescribed from time to time by FCI, against Warehouse Service Provider
(Dispatching warehouse).
8. INSURANCE:
8.1
Clause applicable for 'lease' with services Clause applicable for 'Lease
Warehouse. only' Warehouse.
The Warehouse Service Provider shall The custody of the Warehouse
undertake to exercise reasonable care and /premises shall be with FCI
diligence as is required from a Bailee under and thus, it would be similar to
the law for keeping the stocks of FCI. The keeping stocks in FCI own
stocks stored in the Warehouses shall be Warehouses. Since, no
insured indemnified against the risk of fire, insurance is taken for stocks
flood & inundation, cyclone, riots & strikes, kept in FCI own Warehouses,
earthquake, malicious damages, theft, house the same concept may be
breaking, burglary, misappropriation and the followed.
whole charges on this will be borne by
Warehouse Service Provider. The beneficiary
of the insurance policy taken by the
Warehouse Service Provider shall be FCI.
8.3 In the event of any loss, FCI will cooperate with the Warehouse Service Provider in
furnishing necessary details for finalizing the claim for compensation by the
Insurance Company.
42
8.4 The Warehouse Service Provider will settle the claim with FCI on the declared value
after occurrence of the incident. The value of the loss shall be recovered by FCI
from the monthly rental bills. In case the same is not sufficient to cover the losses,
the Warehouse Service Provider shall be liable to deposit the balance amount
immediately, failing which FCI shall be at liberty to initiate appropriate legal
proceedings against the Warehouse Service Provider.
8.5 The liability of the Warehouse Service Provider will be limited to the value of the
goods calculated at the average acquisition cost on the date of deposit or on the
date of occurrence of loss, whichever is lower.
https://fci.gov.in/storages.php?view=405
43
11. PROVISION OF FACILITIES FREE OF COST:
Clause Clause applicable for lease with Clause applicable for 'Lease only'
No. services. Warehouses.
11.1 The Warehouse Service Provider The Warehouse Service Provider shall
shall provide all the warehousing provide regular repair and
facilities at par with SWC/ CWC maintenance of the warehouse/
including proper stacking, scientific premises, electricity & water etc. (List
storage and treatment of the stocks, is illustrative and not exhaustive).
fire-fighting measures, round the These facilities shall be part & parcel
clock security, proper prophylactic of the storage charges as agreed.
& curative treatment, regular repair
and maintenance of the warehouse/
premises, weighment of the stock,
providing electricity & water etc.
(List is illustrative and not
exhaustive). These facilities shall be
part & parcel of the storage charges
as agreed.
11.2 The Warehouse Service Provider The Warehouse Service Provider shall
shall keep all the facilities available keep all the facilities available in the
in the warehouse/ premises like warehouse/ premises like drinking
weighbridge, fire-fighting water facility, electrical fittings,
equipment, beam scale, QC electricity, approach Road etc.
equipment, drinking water facility, functional and shall offer Warehouse to
electrical fittings, electricity, officers/staff of the FCI without any
approach road etc. functional and additional cost.
shall offer them to officers/staff of
the FCI without any additional cost.
11.3 If the Warehouse Service Provider If the Warehouse Service Provider fails
fails to provide facilities as to provide to facilities as mentioned
mentioned above, the FCI shall have above, the FCI shall have the right to
the right to get the facilities get the facilities provided at its cost
provided at its cost or expenses and or/and expenses of the Warehouse
cost or expenses so incurred by the Service Provider from monthly
FCI shall be deducted from the Warehouse rent together with element
storage charges together with of interest thereon and in the manner
element of interest thereon, and in consider fit by the FCI in its own
the manner considered fit by the FCI discretion. The cost or expenses
its own discretion. The cost or incurred by the FCI on Warehouse
expenses incurred by the FCI on Service Provider‟s account would be
Warehouse Service Provider‟s treated as final, without calling them in
account would be treated as final, question.
without calling them in question.
44
12. STATUTORY OBLIGATIONS
12.1 It is the sole responsibility of Warehouse Service Provider during the hiring period
that, he shall hold all valid licenses relating to warehouse/warehouse facility
issued by respective Competent Authorities, clear title to the property, valid PAN
etc. and up to date tax clearance certificates from the concerned authorities.
12.2 The Warehouse Service Provider shall be solely responsible to fulfil all the
statutory obligations under various Central/State Acts which are in force.
The Warehouse Service Provider shall pay all existing and future increase in Municipal
and local taxes/levies and the charges related to the lands or the warehouse/premises.
In the context of GST, it is to clarify that for the Warehousing Services availed with
services, at present Storage and Warehousing services in respect of agriculture
produce including rice and pulses are exempt under GST. However, in case the same
Warehousing Services availed on “lease only‟ basis, the same would be subject to GST
rate of 18% at present. This will have substantial impact on economics when
Warehousing Services availed on “lease only‟ basis and therefore the same needs to be
taken into account while finalization of tender.
The Warehouse Service Provider shall abide by the instructions issued by the FCI for
preservation of stocks, proper accounting of the stocks, timely submission of the
reports & any other allied matters pertaining to proper warehousing of stocks of the
FCI.
The Warehouse Service Provider shall deposit two months‟ rent of the capacity offered
by him as Security Deposit within 7 working days with the FCI in the form of
NEFT/RTGS/BT other electronic means from any scheduled bank which shall be
refunded by the FCI without interest after successful completion of the agreement.
Additional 7 working days may be given by imposing a penalty of 1% of Security
Deposit.
The „Security Deposit‟ equivalent to two months‟ rent for the Warehousing Services to
be availed „Lease with Services‟ under PWS 2010, can also be submitted in the form of
irrevocable and unconditional „Bank Guarantee‟ issued by scheduled Commercial Bank
notified by RBI (excluding all urban/Rural/state co-operative Banks and Gramin Banks)
in the prescribed format. The validity of the „Bank Guarantee‟ should be 6 months
beyond the contract period ($$).
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a) The Bank Guarantee issuing Bank shall send cover for Bank Guarantee issued,
through SFMS platform to the FCI banker, i.e. ICICI bank Ltd, 9 Phelps building,
C.P., New Delhi. IFSC code ICIC0000007 as per the detail below: -
i. MT760 COV for issuance of Bank Guarantee.
ii. MT767 COV for amendment of Bank Guarantee.
iii. Issuing bank shall mention FCI beneficiary office code in field 7037 of
MT760COV/MT767COV.
iv. FCI beneficiary code is “FCINC11”.
b) The bidder shall submit the copy of SFMS message as sent by the issuing bank
branch along with the original Bank Guarantee.
c) BANK GUARANTEE submitted without these details shall not be accepted.
16.1 FCI shall have no share, right, interest, title or claim into or upon the warehouse
or any part or portion thereof by way of easement, tenancy, sub tenancy or any
other kind. Nothing herein contained constitute or shall be deemed to constitute
FCI as a tenant or assignee of the Warehouse Service Provider.
16.2 The necessary stamp duty and registration etc., required under the law for these
present shall be borne by the Warehouse Service Provider.
17.1 The tenderer/bidder shall ensure that the invoice to be raised with FCI is
compliant with the provisions of the GST law and contains the requisite details in
an accurate manner for claiming of tax credits, if applicable, by FCI.
17.2 FCI reserves the right to release the payment of GST amount, if applicable, only
post matching of the invoices in the GSTN system.
17.3 This shall be ensured by the tenderer/bidder that the invoice raised by him during
a month is appropriately reported in the GST returns of the said month.
17.4 FCI reserves the right to claim from the tenderer/bidder any amount of tax,
interest, penalty and litigation cost, if any, that may be incurred in future due to
GST reporting/compliance mistake(s) on part of the service provider.
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17.5 FCI shall not be under any obligation to entertain claims related to future
obligation arising on Warehouse Service Provider related to Input Tax Credit
(ITC) mismatch in GST return or wrongful availment of Input Tax Credit (ITC) by
Warehouse Service Provider, if the same is not intimated within a period of 90
days from the date of issue of invoice.
(a) The Contract will be governed by the Laws of India for the time being in
force.
(b) In case of any disputes arising out of and touching upon the contract, the
same will be settled in the Court of Law having competent jurisdiction.
However, if the Contractor is a CPSE or Govt. Department/Organization the
dispute resolution mechanism as provided under Department of Public
Enterprises OM No. F. No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22.05.2018
will be followed.
"In the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public Sector
Enterprises (CPSEs)/Port Trusts inter se and also between CPSEs and Government
Departments/Organizations (excluding disputes concerning Railways, Income Tax,
Customs & Excise Departments), such dispute or difference shall be taken up by either
party for resolution through AMRCD as mentioned in DPE OM No.4(1)/2013-
DPE(GM)/FTS-1835 dated 22-05-2018".
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In presence of
($$) In accordance with the guidelines issued by Ministry of Finance vide office
Memorandum dated 12.11.2020, the security deposit payable by the bidder shall
be restricted to 3% of the value of the contract i.e. rate payable for the
guarantee periods (two years) as per. The above shall be applicable both for
Warehousing Services availed under “lease with services” and “lease only”.
($$) Note:- These instructions will be applicable to all the tenders issued till
31.12.2021.
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ANNEXURE- F
PROFORMA-X
Date of Tender Enquiry: ………………
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
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ANNEXURE –G
Date:______
To,
Dear Sir,
1. I/We have downloaded/obtained the tender document(s) for the above mentioned
“Tender” from the web site(s) namely ___________________ as per your
advertisement, given in the above mentioned website(s).
2. I/We hereby certify that I/We have read the entire terms and conditions of the
tender documents from Page no. ______ to ______ (including all documents like
annexure(s), schedule(s), etc.) which form part of the contract agreement and I/we
shall abide hereby by the terms/ conditions/ clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organizations too
have also been taken into consideration, while submitting this acceptance letter.
4. I/We hereby unconditionally accept the tender conditions of above mentioned
tender document(s)/corrigendum(s) in its totality/entirety.
5. In case any provisions of this tender are found violated, then your department/
organization shall without prejudice to any other right or remedy be at liberty to
reject this tender/bid including the forfeiture of the full said earnest money deposit
absolutely along with taking action as per other remedies available under law.
Yours Faithfully,
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