1. society
2. work
3. contracts

TENDER DOCUMENT
SALE OF
IMMOVABLE ASSETS
OF
M/S JAI BALAJI INFOTECH PVT. LTD,
IFCI Limited
Chatterjee International Centre
(3rd floor),
33A, J. L. Nehru Road
Kolkata-700 071
Phone:033-22262672
Chatterjee International Centre (3rd floor), 33A, J. L. Nehru Road
Kolkata-700 071
Phone:033-22262672
TENDER DOCUMENT FOR SALE OF IMMOVABLE ASSETS Viz. LAND &
BUILDING, OF M/S JAI BALAJI INFOTECH PVT. LTD, ON “AS IS WHERE IS”
AND “WHATEVER THERE IS BASIS”,
Ref. No.
Date :_____________
M/s._____________________________
._____________________________
._____________________________
INTRODUCTION
Sealed tenders are invited by the Authorised Officer, on behalf of IFCI Limited for the sale
of property of M/S JAI BALAJI INFOTECH PVT. LTD, being Land admeasuring about
30 (Thirty) Cottahs along with structures comprised in Khatian No.394, 395, Dag Nos.682,
683, 684, 685, 728, 731, 732 situated at 44/5A, Matheswartola Road, Kolkata – 700 046,
under PS; Pragati Maidan, Kolkata-700 046 (assets) on “AS IS WHERE IS AND
WHATEVER THERE IS BASIS”. The tender may be submitted for the assets on the
terms and conditions contained in this tender document.
1.
TERMS AND CONDITIONS OF THE TENDER
1.1
The Authorised Officer having right/power to sell the assets under the provision of
the Securitisation and Reconstruction of Financial Assets (SRFA) and Enforcement of
Security Interest (ESI) Act, 2002 shall be referred to as the seller and the successful
tenderer, (i.e. the purchaser in whose favour the sale is confirmed) shall be hereinafter
referred to as the buyer.
2
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
Tender must be submitted in sealed envelope addressed to the AUTHORIZED
OFFICER, and superscribing “Tender for purchase of immovable assets of M/S
JAI BALAJI INFOTECH PVT. LTD.” on the top of the envelope on or before
2.00 PM on 08-05-2015 at the above address along with earnest money deposit
(EMD) (as indicated herein below) by Crossed Demand Draft of Scheduled
Commercial Bank favouring IFCI Limited, payable at Kolkata. No tender after the
specified time and date shall be accepted. Tenders will be opened at 3 PM on 08-052015 in the presence of such of the tenderers who wish to be present at the office of
the IFCI Limited at Chatterjee International Centre (3rd floor), 33A, J. L. Nehru
Road, Kolkata-700 071
All tenderers shall keep their offer valid/open for acceptance for a period of 30
(Thirty) days from the date of opening.
The assets offered for sale were allowed for inspection on 17th April, 2015, at the
premises situated at 44/5A, Matheswartola Road, Kolkata – 700 046, under PS;
Pragati Maidan, Kolkata-700 046 from 11 AM to 5.00 PM.
The assets offered for sale are on “AS IS WHERE IS AND WHATEVER THERE IS
BASIS”. The measurements of the assets are to be scrutinized by the tenderers for
their satisfaction before submission of bid. The Authorised Officer shall not entertain
any claim/ complaint from the buyer for any deficiency in quantity/ size/ number etc.
for recovery of whole or any part of the purchase money, loss of profit/ interest
damages and otherwise.
Tenders accompanied by short EMD and/ or any conditions attached thereto are liable
to be rejected/ ignored summarily.
The contract for sale of the assets shall be treated as having been entered in to as soon
as letter of acceptance is issued by the Authorised Officer to the successful tenderer
and the period of such contract shall be till the date of completion of sale.
In case of any doubt regarding the tender documents, the decision of the Authorised
Officer will be final and binding.
The bidder has to satisfy the Authorised Officer about its financial capacity to pay the
sale price.
2.
ELIGIBILITY
2.1
i)
The tenderer should:
be any person(s), trust, firm, cooperative society, private limited company, public
limited company/partnership registered in India;
be legally competent to enter into contract as per prevailing laws;
be financially sound ;
furnish copies of the Income tax assessment orders for the last three years ;
ii)
iii)
iv)
2.2.
The Authorised Officer may also consider a bid submitted by a consortium of
persons/companies. It is however, made clear that there should be no change in the
consortium structure during the finalisation of the tender ; right up to the stage of
depositing the bid amount with IFCI Ltd. If there are any changes in the consortium
structure, the Authorised Officer reserves the right to cancel the sale. The financial
3
3.
3.1
3.2
arrangement among Consortium partners should be specified in the tender
documents.
INSPECTION:
The assets offered for sale are allowed for inspection on 17th April, 2015 at the
premises situated at 44/5A, Matheswartola Road, Kolkata – 700 046, under PS;
Pragati Maidan, Kolkata-700 046 from 11 AM to 5.00 PM.
The tenderer(s) should thoroughly satisfy themselves about the nature, condition and
extent of the asset. The Authorised Officer gives no guarantee or warranty as to the
condition of the assets measurements and its fitness. The tenderers shall satisfy
themselves in all respects as to the title encumbrances, area, boundary, description
etc. and the tenderer shall be deemed to have submitted the offer with full knowledge
as to the defects, if any, in the description area etc of the properties. It should be
clearly
understood
that
no
claim/
complaint
about
the
quality/conditions/fitness/measurements of the assets will be entertained by the
Authorised Officer.
4.
EARNEST MONEY DEPOSIT:
4.1
The tender should be accompanied with EMD as given below :
Particulars
Land admeasuring about 30 (Thirty)
Cottahs (approx) along with
structures comprised in Khatian
No.394, 395, Dag Nos.682, 683,
684, 685, 728, 731, 732 situated at
44/5A,
Matheswartola
Road,
Kolkata – 700 046
4.2
4.3
4.4
4.5
Reserved Price Earnest Money Deposit
Rs.15.60 crore
Rs.1.56 crore
EMD has to be paid by way of crossed DD/ Pay Order on any Scheduled Commercial
bank in favour of IFCI Ltd. and payable at Kolkota. No interest will be payable on
the Earnest Money Deposit.
EMD in any other form, for example cheque (including cheque marked “good for
payment”) Bank Guarantee, Bid Bonds, Call Deposit etc. will not be acceptable.
In case of unsuccessful tenderers, the EMD will be refunded within 30 days of the
opening of the tender documents.
In case the tender is accepted and after the receipt of the due payments towards first
installment/ full value of the property/assets including taxes duties (as the case may
be) as per the payment terms stipulated in the Terms and Conditions, the Earnest
Money deposited by the successful tenderer against quotation shall be automatically
converted into Security Deposit and if in such an event, the tenderer/ buyer refuses/
fails to make further payments towards full value of the assets including taxes/
duties etc., the Authorised Officer shall forfeit without prejudice to the rights of the
Authorised officer to claim such further damages, as may be decided without further
reference to the tenderer(s)/ buyer(s).
4
5.
MODE OF SUBMISSION OF TENDER:
5.1
All tenders must be submitted in the prescribed form only and sealed covers
superscribed with the reference number of tender enquiry. The tender must be
addressed to Authorised Officer, IFCI Ltd. at Chatterjee International Centre (3rd
floor), 33A, J. L. Nehru Road, Kolkata-700 and superscribing "Tender for sale of
immovable assets of M/S JAI BALAJI INFOTECH PVT. LTD.". The Tender
may be sent by post/ courier so as to reach to the above mentioned address on or
before 8th May, 2015 at 2.00 PM or by putting in the drop box kept in the above
address for that purpose. No tenders shall be accepted which are received after 2.00
PM on 8th May, 2015.
5.2
Tenders should be submitted in sealed cover, along with the followings:
a.
Demand Draft / Pay order towards Earnest Money Deposit
b.
The Terms and Conditions of the Tender, duly signed by the tenderer
on each page in token of having accepted the same in toto;
c.
Documents in support of meeting the eligibility criterion.
No telex/ telegraphic/ faxed/ e-mail quotations will be accepted.
Tenderer sending their tenders by mail will do so solely at their own risk and the
Authorised Officer will not be responsible for any loss in transit or postal delay.
Incomplete tender or tenders submitted with qualifying conditions or with conditions
at variance with the Terms and Conditions of Tender are liable to be rejected
summarily.
5.3
5.4
5.5
6.
OPENING OF TENDERS & INTERSE BIDDING:
6.1
6.2
The tenders will be opened in presence of the bidders who have submitted their bids
and who wish to be present on 8th May, 2015 at 3.00 PM .
The eligible bidders who have complied with all the terms of the tender documents
will be allowed to participate in the interse bidding as may be decided by the
Authorised Officer on the same day of opening the bids.
7.
SUCSESSFUL BIDDER:
7.1
The bidder who has offered highest offer in the interse bidding shall be declared as
highest bidder eligible for purchase of the assets subject to the terms and conditions in
the tender documents.
In case there is no interse bidding, the Authorised Officer at his discretion, declare
the highest offer received through the bid as highest bidder eligible for purchase of
the assets subject to the terms and conditions in the tender documents.
7.2
8.
PAYMENT SCHEDULE:
8.1
Advance 25% value of the sale price is to be paid by the highest bidder forthwith
upon confirmation of the successful bidder.
5
8.2
8.3
8.4
8.5
9.
The balance amount of the sale price is to be paid within 15 days from the date of
confirmation of sale in favour of the successful bidder or upon such extended time as
may be agreed at the discretion of the authorized Officer.
The purchaser has the option to give the full contracted amount in advance.
Tenderers desirous of availing Central/ State Sales Tax/ Excise etc. concession as per
rules must submit the appropriate/ Central/ State Sales Tax/ Excise Declaration form
duly certified by the concerned authority along with the payment for first installment/
full value as the case may be failing which they must deposit the full amount of sales
tax/ Excise etc. No payment of sales value will be accepted without the payment of
due Sales Tax/ Excise Declaration Form as the case may be. Payment of Sales Tax
and other Govt. levies as may be applicable at the time of delivery are the sole
responsibilities of the tenderer.
The Sale Value including Sales Tax, duties and other charges applicable must be paid
by crossed Demand Draft/ Pay Order drawn on any Schedule Commercial Bank in
favour of IFCI Ltd. or as directed in the Sale Order.
DEFAULT IN PAYMENT BY THE BUYER:
The Authorised Officer reserves the right to accept delayed payment with the
additional charges in the case of default in payments. In case the relaxation is allowed
by the Authorised Officer, the due payments may be made together with additional
charges as may be decided by the Authorized Officer, on or before such date as may
be advised by the Authorised Officer. In the event of relaxation not allowed, the sale
will be automatically cancelled and the Earnest Money Deposit (as the case may be)
of the tenderer will automatically stand forfeited.
10.
SALES TAX, EXCISE DUTIES AND LEVIES:
All taxes or other levies pending on the assets and/or entailing on the transaction
under any provincial, local or central statute in force for the time being or enforced
hereafter having its impact on the transaction will be to tenderer’s account and shall
be borne by them .
11.
DELIVERY PERIOD/ POSSESSION :
After receipt of full and final payment in lieu of the total sales price of the assets, the
Authorised Officer will issue a sale certificate in favour of the successful tenderer or
to his nominee and letter of possession in favour of the successful tenderer or to his
nominee and the successful tenderer or his nominee will take all necessary steps to
take over the possession of the assets.
For the purpose of this clause the successful tenderer shall appoint any person or body
corporate as his nominee with the prior written approval of IFCI and the same shall
be the discretion of IFCI.
6
12.
TERMINATION / BREACH OF CONTRACT RISK PURCHASE.
In the event of non-fulfillment of the terms and conditions of the tender and matters
related thereto, by the tenderer, the Authorised Officer shall have the liberty to cancel
the contract with immediate effect in which case the earnest money deposit shall
stand forfeited.
13.
FORCE MAJEURE:
The Authorised Officer shall not be liable for any failure or delay in performance due
to any cause beyond their control including fires, floods, strikes, go-slow, lock-out,
closure, pestilence, distilence, dispute with staff, dislocation of normal working
conditions, war, riots, epidemics, political upheavals, Governments actions, civil
commotion, breakdown of machinery, shortage of labour or their acts, demand or
otherwise or any other cause or conditions beyond the control of aforesaid causes or
not and the existence of such cause or consequence may operate at the sole discretion
of the Authorised Officer to extend the time of performance on the part of the
Authorised Officer by such period as may be necessary to enable the Authorised
Officer to affect performance after the cause of delays will have ceased to exist. The
provisions aforesaid shall not be limited or abrogated by any other term of the
contract whether printed or written.
14.
GENERAL INFORMATION:
14.1
the Authorised Officer shall have the right to issue addenda to tender documents to
clarify, amend, modify, supplement or delete any of the conditions clauses or items
stated therein. Each addendum so issued shall form a part of original invitation to
tender.
In case offer is not accepted the tenderer shall not be entitled to claim any cost,
charges, expenses incidental to or incurred by the tenderer through or in connection
with the submission of the offer even though the Authorised Officer may elect to
withdraw the invitation to tender. Should all invitation to tender be withdrawn or
cancelled by the Authorised Officer for which the Authorised Officer shall have the
right to do so at any time, the Earnest Money paid by the tenderers with the tender
will be refunded to them in due course, without interest.
Unless otherwise specified all rates and prices in the tender form should be quoted
both in figures and in words. Tenders containing overwritten or erased rates are
liable to be rejected.
Intending tenderer(s) may obtain any of the clarification before tendering.
Submission of tender implies, the tenderer(s) has obtained all the clarifications
required and that he has agreed to all Terms and Conditions herein specified.
The Authorised Officer reserves the right to reject or accept any Tender, cancel the
tendering process, and/or reject all Tenders without assigning any reasons therefor
and the decision of the Authorised Officer in this regard shall be final and the
Authorised Officer shall not be liable for any actions for the decision so taken
14.2
14.3
13.4
14.5
7
14.6
14.7
14.8
The decision of the Authorized Officer in the matter, arising out of this sale, shall be
final in regard to all matters relating to the contract.
All suits or proceedings relating to any dispute or claim arising out of or in course of
performance in this contract shall be filed in appropriate court having jurisdiction in
Kolkata.
Tenderer’s must ensure the following while submitting the tender: (A)
(B)
(C)
14.9
THAT THE TENDER SHOULD BE FILLED IN TENDER BID
ENCLOSED AT ANNEXURE – I.
THAT EVERY PAGE OF THE TENDER DOCUMENT IS DULY SIGNED
BY THE TENDERER BEFORE SUBMITTING THE TENDER.
THAT ALL ALTERATIONS, ERASURE(S) AND OR OVER-WRITING, IF
ANY, IN THE SCHEDULE OR RATE(S) ARE DULY AUTHENTICATED
BY THE TENDERER’S SIGNATURE.
Tenderer should state whether he is relative of any Director on the Board of IFCI
Ltd/Secured Creditors or the Tenderer is a firm in which such Director or his relative
is a partner or tenderer is a company in which Director of IFCI Ltd./Secured Creditors
or his relatives are member(s) or Director(s).
14.10 Those bidders who are downloading the tender documents are required to pay a fee of
Rs.500/- at the time of submitting the bids.
14.11 The Tender Bid, Letter of application and Intent and Guidelines to tenderers are
enclosed at Annexure I, II & III.
8
Annexure – I
TENDER BID
The Authorized Officer,
IFCI Ltd.
Chatterjee International Centre
(3rd floor),
33A, J. L. Nehru Road
Kolkata-700 071
TENDER FORM NO…………
1.
Particulars of the Tenderer,
1.1
Full name of the tenderer (in block letters)
1.2
Whether the tenderer is competent to contract under Indian Contract Act, 1872 as per Foreign
Exchange Regulation Act, 1973/ Foreign Exchange Management Act, 1999 in case of NRI
(Tick whichever is applicable)
YES/NO
2.
Constitution of Tenderer (Tick whichever is applicable)
 Public Limited Company
 Private Limited Company
 Partnership
 Individual/ Sole Proprietary
 Others (specify)
(Furnish documents in support)
Tenderer’s registered office/ place of business

Address

Telephone No.

Fax No.

E-Mail No.
9
3.
Particulars of Tender
The price offered is Rs.____________________(Rupees
) for purchase of assets M/S JAI BALAJI INFOTECH PVT. LTD being
land admeasuring about 30 (Thirty) Cottahs (approx) along with structures comprised in
Khatian No.394, 395, Dag Nos.682, 683, 684, 685, 728, 731, 732 situated
at 44/5A,
Matheswartola Road, Kolkata – 700 046 .
Certified that :(i)
In case our offer is accepted and if we fail to pay the amount in the manner to be specified by
the Authorised Officer in the “Letter of Acceptance”, the amount of Earnest Money and any
further installments paid by us under this offer shall stand absolutely forfeited.
(ii) This offer is valid for a period of one month from the closing date of the tender.
(iii) I/We agree to abide by the decision of the Authorised Officer/Asset Sale Committee.
(iv) I/We have read and understood terms and condition of the tender and hereby unequivocally
and unconditionally accepted the same.
(v) I/We have inspected the assets at the site and satisfied myself for which tender is being
submitted.
4. I/We hereby declare that I/We have satisfied myself/ourselves as to the title encumbrances
areas, boundaries, description etc. and have full knowledge as to defects, if any, in the area,
description etc. of the properties.
5. I/We hereby declare that the information stated hereinabove is complete and absolutely correct
and any error or omission therein, accidental or otherwise, will be sufficient justification for
the Authority to reject our tender and/or to cancel the award of sale.
Dated:
Application’s Signatures
Full Name
Designation
Name of the Company
Address of the Company
10
ANNEXURE – II
Letter of Application & Intent
(On the Letter head of the applicant including full Postal Address, Telephone No., Fax No./
Telex, E-mail / Cable Address)
TENDER FORM NO.___________
Date:
To,
The Authorized Officer,
Chatterjee International Centre
(3rd floor),
33A, J. L. Nehru Road
Kolkata-700 071
Subject :
Tender for purchase of the Land, Building, of M/S JAI BALAJI
INFOTECH PVT. LTD
Sir,
1.
2.
3.
4.
Being duly authorized to represent and act for and on behalf of _____________
(herein the Tenderer), and having studied and fully understood all the information
provided in the tender document, the undersigned hereby apply as a tenderer for the
purchase of immovable property of M/S JAI BALAJI INFOTECH PVT. LTD
according to the terms and conditions of the offer made by the Authorised Officer.
Tender Bids are given in Annexure – I along with the attachments, duly filled and
signed on each page. The same are put in an envelope marked “Tender Bid for sale
of immovable property of M/S JAI BALAJI INFOTECH PVT. LTD”.
Demand Draft/Pay Order towards the Earnest Money Deposit is enclosed in the
envelope marked “Earnest Money Deposit” for purchase of property of M/S JAI
BALAJI INFOTECH PVT. LTD”
The Authorised Officer is authorized to conduct any inquiries/ investigation to verify
the statements, documents and information submitted in connection with the
application and to seek clarification from our bankers regarding any financial and
technical aspects. This letter of application will also serve as authorization to any
individual or authorized representative of any institution referred to in the supporting
information, to provide such information deemed necessary and requested by
yourselves to verify statements and information provided in the application or with
regard to the resources, experience and competence of the Applicant.
11
5.
The Authorised Officer may contact the following persons for any further
information :Name of the Person/s: __________________________________________________
Address
Phone No.
Fax No.:
6.
This application is made with full understanding that :
a)
Tenders will be subject to verification of all information submitted at the time of
tendering.
The Authorised Officer reserves the right to reject or accept any Tender, cancel the
tendering process, and/or reject all Tenders without assigning any reasons therefor
and the decision of the Authorised Officer in this regard shall be final and the
Authorised Officer shall not be liable for any actions for the decision so taken.
We, the undersigned declare the statements made, and the information provided in the
duly completed application forms enclosed, are complete, true and correct in every
detail.
We have read the terms and conditions of the offer detailed in Tender document and
are willing to abide by them unconditionally.
The offer made by us is valid for 30 days.
b)
7.
8.
9.
10.
Name__________________
Name__________________
For and on behalf of
for and on behalf of
_______________________
(Name of Applicant)
_______________________
(Name of Applicant)
Enclosures:1. Tender Bid – Annexure – I.
2. Documents pertaining to information given in the tender.
3. Tangible Net Worth Certificate from the Auditors (In case of a newly
incorporated Company, promoter’s Certificate)
4. Copies of IT Assessment Orders/ IT Return for last 3 years.
12
Annexure – III
GUIDELINES FOR TENDERERS
1.
The Tenderers prior to submitting their Tender for the machinery, are expected to
visit and examine the assets and related documents and surroundings at their
expenses as the assets is being offered on an “as is where is and whatever there is
basis”. They should ascertain on their own responsibility all information, technical
data, market study etc. including actual conditions, existing services etc.
2.
It shall be presumed that all these factors were accounted for by the Tenderer while
quoting their tender. The tenderer shall be deemed to have full knowledge of the
property , whether he inspects it or not.
3.
Any information about the assets/tender can be obtained from the Authorized Officer
Mr.B.B.Sahu, contact no.704482100 (and Mr. C. P.
Srivastava, contact
no.9748421347).
4.
The cost of the tender is Rs.500/- (Rupees five hundred only) which is nonrefundable. The payment shall be made by Demand Draft drawn on a Bank in favour
of IFCI Ltd., payable at Kolkata.
5.
Request for tender documents can also be made in writing in the Applicants letter
head and addressed to The Authorised Officer, Request for supply of Tender
Documents by post will also be entertained, subject to payment of Rs.50/- etc.
towards courier/postal charges.
Completed Tender Documents may be addressed to the Authorised Officer and
submitted at the Office of IFCI Ltd., Chatterjee International Centre, 3rd Floor, 33A,
Jawahar Lal Nehru Road, Kolkata-700 071 on working days between 9.30 AM to
5.30 PM and on 08/05/2015 upto 2.00 PM. The tender documents shall be put in the
drop box kept for this purpose.
Submission of the bid should be done as per the format prescribed in Annexure – I.
The documents should have the stamp of the company and signed by the duly
authorized signatory on every page.
6.
7.
9.
QUALIFICATION CRITERIA:
5.
Tender of only those tenderers who submit the following will be considered for
evaluation:
a)
b)
c)
6.
A tender with complete particulars, in the recommended format.
Earnest money deposit as specified in the documents paid only through
Demand Draft.
Eligibility regarding financial standing of the tenderer.
The applicant or his representative should sign each page of the form.
corrections/ alternations should be duly authenticated.
13
Any
7.
All relevant documents as mentioned in Annexure – I should be enclosed.
8.
The bidders are advised to remain present on the date and time of the opening of the
bids, if they so desire.
9.
The decision of the Authorised Officer regarding acceptance/rejection of a tender will
be final.
10.
The Authorised Officer the right to reject or accept any Tender, cancel the tendering
process, and/or reject all Tenders without assigning any reasons therefor and the
decision of the Authorised Officer in this regard shall be final and the Authorised
Officer shall not be liable for any actions for the decision so taken
11.
The bidder to satisfy the Authorised Officer that he has the financial capacity to meet
the reserve price.
__________________________________________
14