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1
Cost Rs. 25/-
MUMBAI PORT TRUST
MEDICAL DEPARTMENT
TENDER NO. H-3/2015-16/Dietary foodstuff/
DUE DATE : 21.01.2015.
TIME
: 3.00 P.M.
TENDER FOR THE SUPPLY OF DIETARY REQUIREMENTS TO THE
PORT TRUST HOSPITAL, WADALA, MUMBAI – 400 037.
GENERAL CONDITIONS OF TENDER
FORM OF TENDER
…..
….
SPECIFICATIONS & IMPORTANT STIPULATIONS
SCHEDULES
FORM OF CONTRACT
….
….
2
TO 6
7
TO 9
10 TO 11
12
….
TO 15
16 TO 21
PORT TRUST HOSPITAL,
WADALA, MUMBAI – 400 037.
CHIEF MEDICAL OFFICER
2
PORT TRUST HOSPITAL
WADALA, MUMBAI – 37.
Price Rs. 25/TENDER NO. H-3/2015-16/Dietary foodstuff/
DUE DATE : 21.01.2015.
TIME
: 3.00 P.M.
(i)
General conditions of Tender,
(ii)
Tender form and Schedule for the supply of dietary requirements to Port Trust Hospital
from 01/04/2015 to 31/03/2016.
and
Form of Contract
(iii)
IMPORTANT
1.
Tenders must reach the Chief Medical Officer, Port Trust Hospital, Antop Village,
Wadala, Mumbai – 400 037, Port Trust Hospital, Antop Village, Wadala, Mumbai – 400 037
before 3.00 p.m. on 21.01.2015. The tender will be opened at 3.30 p.m. on the same day in the
presence of such of the tenderer as may wish to be present at the time.
2.
The entire Tender Set must be submitted intact in the sealed envelope. An amount of
Rs.15,420/- (Rupees Fifteen Thousand Four Hundred Twenty Only) by way of earnest money
must be paid separately at the place before the aforesaid date by way of Earnest Money
Deposit. The Earnest Money Deposit will be accepted only in the form of Demand Draft or
Banker’s Pay Order from Nationalised / Scheduled Banks payable in Mumbai and drawn in
favour of “The Board of Trustees of Port of Mumbai”. It should be in sealed envelope and
marked “Earnest Money Deposit”. And both the envelopes should be placed in a third
envelope properly sealed. Earnest Money Deposit in cash or in the form of Bank Guarantee
will not be accepted.
3.
The tenderers should specifically note that their tenders whether sent by post or by
hand, must reach this office on or before the time and date specified above. Tenders received
late will not be considered even though posted in time.
4.
The entire tender set must be submitted intact. The tender form and the schedule
annexed thereto must be duly signed by the tenderers. Full name of individual, or full names
of all partners in the case of a partner ship firm, or the name of limited company should be
clearly stated.
5.
Particular attention of Tenderer is invited to Clause 2, 3, 8 and 9 of the General
Conditions of the tender concerning date and time of submission of the tender and the payment
of earnest money.
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6.
Particular attention is also called to the Special Clause 1A in the contract form which
has been interested to meet and possibility of Government price control being introduced in
regard to any of the articles for which tenders are sought after tenders have been accepted.
7.
The Mumbai Port Trust Administration is a registered dealer under the Mumbai Sales
Tax Act, 1959.
8.
The tenderer should disclose his Permanent Account No. allotted by the Income Tax
Department.
9.
The validity of tender should be upto 10/04 /2015.
DA: __________________ sheets.
Date of Issue
: __________________
Name of Tenderer
: __________________
Address
: __________________
CHIEF MEDICAL OFFICER
4
GENERAL CONDITIONS OF TENDER
Procedure regarding submission of Tenders
1.
Tenders should be enclosed in sealed covers addressed to the Chief Medical Officer,
Port Trust Hospital, Antop Village, Wadala, Mumbai – 400 037, and endorsed “Tender for
the supply of dietary requirements to Port Trust Hospital”. Its due date should also be
shown on the cover. The tender should be sent either by registered post or by hand. In the
latter case the Tenderer or his representative delivering the tender should personally deposit the
same in the box marked “Tenders” installed in the office of the Chief Medical Officer, Port
Trust Hospital, Antop Village, Mumbai – 4000 037. All tenders should reach the office of the
Chief Medical Officer before 3.00 p.m. on the date specified on the cover page. If the
requirements of this condition or any of the conditions hereinafter mentioned are not strictly
complied with the tender will not be considered.
Payment of Earnest Money Deposit & Security Deposit
2.
Each tender must be accompanied by the amount mentioned on the cover page,
hereinafter referred to as “earnest money”. The aforesaid earnest money may be paid either in
the form of Banker’s pay order or a demand draft from Nationalized/Scheduled Bank drawn in
favour of “The Board of Trustees of Port of Mumbai” Earnest Money Deposit in cash or in
the form of Bank Guarantee will not be accepted (please see Sr. No.2 of page 2
“IMPORTANT”). If the amount not so received or if for any reasons the amount for Earnest
Money is not released on demand, the tender concerned will not be considered. On acceptance
of tender a separate contract deposit will require to be made, in accordance with conditions (v)
of the tender form.
3.
Cash in the form of Government currency notes and/or coin and uncrossed cheques will
not be received in payment of contract deposits.
4.
No interest will be allowed on sums deposited by cheque or demand draft either as
earnest money or as contract deposits and no claim for interest and/or for loss by depreciation
in market value of security deposits made in the form of Government or other public securities
while in Port Trust custody shall lie against the Trustees.
5.
Earnest Money paid in with tenders will not be accepted either in full or in part
payment of contract deposits required to be made as such earnest money is held as security for
the due fulfillment of the terms of the tenders and will be refunded when the formal contract
has been duly executed.
6.
Stamped receipts for earnest money received will be granted in the Chief Medical
Officer’s office. These receipts should be carefully retained by Tenderers and when they
receive copies of the Chief Medical Officer’s advice to the Chief accountant, Mumbai Port
Trust to refund them their earnest money if their tenders have not been accepted, the tenderer
should return the receipt to the Chief Accountant who will retain it and refund them their
earnest money on the receipt being discharged. In case of the contract deposits made by way
of cheques the refund shall be effected by a cheque drawn on the State Bank of India, Mumbai.
The Trustees will not be responsible for reimbursing to the tenderers the bank’s commission
5
for encashing the said cheque or for the bank’s commission chargeable for issue of a demand
draft, if this method of remittance is preferred by the tenderers.
6A. On acceptance of tender a separate contract deposit equal to 5 % of the Tender Cost
will be required to be made by the successful Tenderers within allotted time.
6B. The successful tenderer’s name or his account No. Should not be appeared anywhere on
the Fixed Deposit Receipt which should be of any nationalized bank within the area
upto Mahim on Western Railway and Kurla on Central railway. This F.D.R. should be
pledged in the name of “The Board of Trustees of Port of Mumbai”. It should have
automatic renewal facility.
7.
It will be optional with the successful Tenderers to lodge their contract deposits with
the Port Trust wholly in Government promissory notes or public securities or partly in the one
form and partly in the other. Bankers’ guarantee bonds will not be accepted on account of
contract deposit. In the interest of contractors, the deposit should be lodged wholly in
Government promissory notes, Port Trust or Municipal bonds, or other public securities for, if
so made, the contract will be chargeable with a requisite stamp duty, whereas if not so made, it
will have to bear ad valorem stamp duty, at the rate in force on the amount deposited.
8.
All Government securities when tendered as earnest money or contract deposits should
be endorsed ’Pay to the Trustees of the Port of Mumbai or order” and must be sent to the
Public Debt Office, Reserve Bank of India, for examination in order to ascertain that the said
endorsements are in order, that the notes are not stopped or confiscated, that none of them is a
duplicate and that no alterations have been made in the principal amounts. The said
endorsement should bear the ‘Examined” stamp of Public Debt Office of the Reserve Bank of
India and the securities then deposited in the Chief Medical Officer’s Office. Only
Government or public securities effaced for payment of interest in Mumbai will be accepted.
9.
In calculating the amount of earnest money or contract deposits received in the form of
Government paper or other public securities, the same will not be accepted at face value but
only at the market rate ruling on the date the deposit is made.
10.
Tenderers should sign the form of tender as well as the Schedule. Any tenders not so
signed will be rejected.
11.
In the event of the tender being submitted by a firm, it must be signed by a partner or
other person empowered to sign the firm’s name on such documents under a duly executed
Power-of-Attorney.
12.
Tenderers will be most strictly required to confirm to the conditions of the annexed
form of contract a contained in each of its clauses and warned that the pleas of “custom
prevailing” will not on any account be admitted as an excuse on their part for any breach of
any of the conditions.
13.
Net rates only should be quoted both in figures and in words against each separate
article shown in the Schedule. Tenderers are advised to exercise the greatest care in entering
the rates in the Schedules annexed to this tender. No excuses that mistakes have been made or
request for rates to be corrected will be entertained after tenders have been received and the
6
decision of the tenders will be proceeded with in accordance with the rates entered in the
Schedule by Tenderers. Tenderer should quote for all the items.
13A.
Rate quoted in the tender shall have price of the item and service tax separately.
14.
Any erasers by Tenders, of rates entered in the tender, will render it liable to rejection.
Corrections of rates must be made by striking out the errors and entering corrections with
initial beside the same.
15.
Tender will be considered in aggregate and the same will be awarded to one party only.
16.
No quotations except on authorised Mumbai Port Trust tender forms will be considered
and the quotation for any item, the “units” of which has been altered by the Tenderer, will also
not be considered.
17.
Tenderers should note that possession of their own telephone, delivering van and the
licensed office premises and godown, etc., is essential. Tenderers are, therefore, requested to
furnish necessary information in their covering letter.
GENERAL
18.
Any tender containing a conditional clause contrary to requirements or making
stipulations not provided for in this tender or schedule will be summarily rejected.
19.
All prices are liable to become subject to Government price control. The fixing of the
controlled price will not give either party to the contract any right to determine the same. This
question is dealt with by Clause 1A in the form of agreement to which the special attention of
tenderers is invited.
20.
Firm who have not in recent years supplied to the Mumbai Port Trust the article/articles
in the tender for which they have quoted are required to give the following information in a
covering letter, which should accompany the tender:(a)
The number of years they have been in business dealing in the article/articles
for which they have quoted, giving Banker’s reference.
(b)
Whether they are on any Government approved list, or on the approved list of
the Central Railway, Western Railway, Mumbai Municipal Corporation and the
Mumbai Electric Supply & Transport undertaking for these articles, if so, full
particulars re: the date of registration. Must be furnished duly certified along
with the tender.
21.
The Trustees do not bind themselves to accept the lowest tender, the whole tender or
any tender. They further reserve the right to accept or reject any tender fully or partially
without assigning any reason.
22.
Tenderers shall furnish their Permanent Income Tax Account Number in their tender.
7
PORT TRUST HOSPITAL
WADALA, MUMBAI – 400 037.
TENDER FOR THE SUPLY OF DIETARY REQUIREMENTS TO
THE PORT TRUST HOSPITAL, MUMBAI – 4000 037.
FROM 01.04.2015 TO 31.03.2016.
To,
The Chief Medical Officer.
Mumbai Port Trust
Dear /sir,
I)
I/We hereby offer to supply the Mumbai Port Trust with the articles referred to in the
accompanying Schedule which may be selected without reference to any of the other items at
the prices quoted opposite each items, in the said Schedule for 12 calendar months
commencing from the first day of April 2015.
II)
I/We have examined the details of all articles to be supplied and have carefully noted
the general conditions of this tender, the contract form and the annexed schedule and I/We
agree to comply with the same in all respects.
III)
Should my/our offer be accepted for the supply of the articles or goods enumerated in
the said schedule, I/We agree to enter into a contract (in duplicate) in the form herein which
will be prepared by the Legal Adviser, Mumbai Port Trust, at my/our cost in all respect and
agree to pay the sum of Rs.200/- (Rupees Two Hundred) being the amount of his charges for
drafting the Contract such charges being payable only if the value of the contract exceeds
Rs.1,500/- and accept the following further conditions :(1)
The rates quoted are for net weights (except in cases of such articles against which the
specifications and/or units in the annexed Schedule expressly provide otherwise) and are
inclusive of all charges for the vessels or cases containing the articles and all wrappers and
packing which will not be returned to the Contractor (except where otherwise specified in the
said Schedule) also of all charges such as freight, packing, cartage coolie, hire, weighing over
or otherwise on account of delivery into the Port Trust Hospital, Antop Village, Wadala,
Mumbai – 400 037, also of all Government of Municipal duties or taxes which are in force on
the date of submission of this tender. Should any Government or Municipal duty or tax be
imposed or increased after the said date, and such imposed or increased duty or any part
thereof actually be paid by the Contractor on any goods delivered to the Trustees under the
terms of this contract, the Trustees will pay by way of refund to the Contractor an increase on
the contract price equivalent to the amount actually paid by him in respect of such duty or tax
or increase of duty or tax upon production by the Contractor of the official Government or
Municipal receipt evidencing such payment by the Contractor. Should any Government or
Municipal duty or tax be decreased or remitted after the aforesaid date, the trustees shall be at
equivalent to the decrease of duty or remitted duty. I/We fully understand the possible effect of
Government price control hereafter as set out in Clause 1A of the Agreement form.
8
(2)
I/We guarantee that the articles quoted for by me/us shall be of unexceptional quality
(3)
It shall be open to you to reject as unsuitable the said articles or goods or any of them,
without assigning any reasons for such rejection and I/We bind myself/ourselves to accept your
decision as final and conclusive in the event of any dispute arising in regard to this tender and
contract and all or any of the matters connected therewith.
(4)
In case there is any default in the supply of the said articles or goods you shall be at
liberty to purchase the above elsewhere at my/our risk and expense or any such articles or
goods as may be required in lieu thereof, of the same or other description or quality approved
by you.
(5)
I/We undertake to lodge a deposit by crossed cheque or demand draft or Government
or Public Securities (as per condition 6A & 6B) to such extent as you may in your absolute
discretion require and execute the requisite contract form annexed here within fourteen days of
the notice of acceptance being sent to my/our address.
(6)
In the event of my/our withdrawing the tender before 10/04/2015, said tender shall be
cancelled and the Earnest Money Deposited therewith forfeited to the Mumbai Port Trust and
in the event of my/our failing to execute the formal contract in respect of all the articles for
which the tender is accepted by the Administration within fourteen days after such acceptance
shall be made known to me/us or of notice, thereof sent to my/our address, my/our Earnest
Money shall be forfeited and the tender entirely cancelled, without prejudice to the rights of the
Administration to recover damages.
(7)
That the Trustees do not bind themselves to accept the lowest tender, the whole of a
tender or any tender, neither will they assign any reasons for the rejection of any tender or part
of a tender.
(8)
That the quantities shown in the Schedule annexed to this tender are approximate
only and the Trustees will take such articles or goods only if required and in such quantities a
they may order from time to time.
(9)
That I/We shall not assign the benefits of the contract without your express sanction.
(10)
That the cost of stamping the contract shall be borne by me/us.
9
(11)
That the Trustees reserve to themselves the right to cancel my/our contract at any
time should I/We not strictly adhere to the terms thereof.
a)
My / Our permanent Income Tax Account Number is __________________________.
b.)
My / Our Sales Tax Registration Number is __________________________________.
c)
The amount of Rs.______________(Rupees___________________________________
_________________) only has been paid by me/us as earnest money in connection with this
tender vide Mumbai Port Trust Chief Medical Officer’s Receipt No._____________
dated____________. I/We note that this amount will be refundable only after execution of the
Contract by me/us if this tender is accepted or after receipt of intimation of its rejection.
Date: _________________
Address:______________________
Yours faithfully,
Signature
: ___________________________
______________________
Full Name/s
:___________________________
______________________
Tele. No.
:___________________________
Mobile No.
:___________________________
10
PORT TRUST HOSPITAL
WADALA, MUMBAI – 400 037.
SPECIFICATIONS AND IMPORTANT STIPULATIONS
PART I – FRUITS
General
:
The fruits shall be fresh, suitably ripe for immediate consumption and
be without defects and of the description specified.
Limes & Oranges
:
Shall be sweet, juicy, preferably of thin skin and free from defects.
Plantains
:
May be of green or some times yellow variety, both varieties should be
sweet and ripe.
PART II – VEGETABLES
Green Stuffs
:
To include fresh chillies, corriander leaves fresh ginger, curry leaves,
mint, etc.
Vegetables
:
Shall be in an edible state, clean, without soil and should be fresh.
PART III – EGGS
Eggs
:
Fresh, medium graded 55 gms. each with “AGMARK” seal
(preferably), as specified below:
Hen eggs only. The eggs must have been preserved by any process and
must be free from taint, The shell must be clean, free from stain,
sound, of normal texture and shape. The contents must be free from
blemish, the yolk central and translucent or faintly but not clearly
outlined and freely mobile. The white must be translucent and clear,
the air space must not exceed three-eighths an inch in depth.
PART IV – BUTTER, COCONUT & BREAD
Butter
:
Fresh pleasant flavour, in packet of 500 gms. Each with “AGMARK”
seal.
Butter should be of AGMARK quality Grade I, and guaranteed in
purity and quality. It shall not contain more than 16% water and less than
80% fat, which shall consist wholly of product, derived from milk. It shall be
free from any colour other than Annette and free from rancidity and
objectionable odour.
Tender Coconut
:
The weight of coconut without fibers but with water inside shall be
more than 500 gms. It shall be of the first grade and shall be replaced if found
rotten. It shall be absolutely dry from outside.
Bread
:
Bread should be of good quality & reputed brand e.g. Modern/Britannia
/Wibs/ Special (in a packet of 27 slices). The weight of each packet should
be of 800 gms. and wrapped in butter paper or plastic bag & in original
packing of the manufacturer.
Assorted Biscuits
:
1) Monaco (75gm) 2) Krackjack (100gm) 3) Gooday (75gm).
Specification :
11
PART V – POTATOES & ONIONS
Potatoes
:
Clean, firm of the best quality, should be free from mud, defects,
fungus and contamination of any sort. The weight of seven potatoes should
not be less than 1 Kg. or minimum 120 gms. to 140 gms. Each.
Onions
:
White or red of the best quality, should be clean, firm, and free from
mud, defects, fungus and contamination of any sort. The weight of seven
onions should not be less than 1 kg. or minimum 120 gms. to 140 gms. each.
PART VI – PICKLE, BISCUITS, COFFEE & PEARL BARLEY
Mango Pickle
:
It should be of any of the following brands: Bedekar, Kubal, Sahkar or
Pravin. The packing should be of 5 Kg. net in plastic Jar.
Marie Biscuits
:
It should be of Britannia Company and packing should be 200 gms. net
per packet.
Nescafe
:
It should be of Nestle Company and packing should be 50 gms.net in
glass bottle.
French Coffee
:
It should be of good quality of any branded company in packing of 50
gms.(net).
Pearl Barley
:
It should be of good quality of any branded company in packing of 400
gms.(net).
12
PORT TRUST HOSPTAL
WADALA, MUMBAI – 37.
SCHEDULE – PART I, SHOWING THE APPROXIMATE QUANTITIES OF FRUITS, TO
BE SUPPLIED YEARLY TO THE PORT TRUST HOSPITAL,
WADALA, MUMBAI – 400 037.
Sr.
No.
Item with Specifications
Approximate
Tenderer's Rate Remarks
Quantity Rs. P.
per unit of
1
Lime - Sour (Kagzi) thin skinned, thin
skinned, 35 gms. Each approximately.
2
Plantains - Ripe, Green skin, Vasai or
2500 Dozens
Khandesh, 150 gms. Each
3
Lime - Sweet (Musambi) 200 gms.
Each approximately or approximately
24 Oz Juice from 1 Dozen.
4
Oranges (Santra) - 200 gms each
approximately 24 Oz Juice from 1
Dozen
200 Dozens
5
Apples - 200 gms each approximately.
Red, Delicious quality
600 Dozens
6
Chikoo - 100 gms approximately
300 Dozens
800 Dozens
2500 Dozens
SCHEDULE – PART II, SHOWING THE APPROXIMATE QUANTITIES OF
VEGETABLES, TO BE SUPPLIED YEARLY TO THE PORT TRUST HOSPITAL
WADALA, MUMBAI 400 037.
Item with Specifications
Sr.
No.
(A) ROOT VEGETABLES
7
Beet Root - 300 gms to 400 gms each
approximately
8 Suran
9
Carrot 400 gms to 250 gms each
approx
Approximate
Quantity
300Kgm
500Kgm
400Kgm
Tenderer's Rate Remarks
Rs. P. per unit of
13
Sr.
No.
Item with Specifications
Approximate
Quantity
(B) OTHER VEGETABLES
10 Brinjal (without seeds)
600 Kgm.
11 Cabbage
1400 Kgm
12 Cauli Flower I(without leaves & stem)
500 Kgm
13 Lady's Finger
200 Kgm
14 French Beans ( Pharasbi)
100 Kgm
15 Cluster Beans (Gavaari)
100 Kgm
16 Fresh Green Peas (Watana Shenga)
200 Kgm.
Raw (Green) Plantain Savar Bendi
17 Bananas, Big variety 250 to 300 gms
each appr.
100 Kgm.
18 Padwal
500 Kgm.
19 White Pumpkin
800 Kgm
20 Fruit Tender (Tondali)
600 Kgm
Red Tomatoes (Sandwich) -7/8
pieces per kg.
Capsicum (Bhopli Mirchi / Shimla
22
Mirchi)
Cucumber - 250 to 300 gms.each
23
appr.
21
4000 Kgm
500 Kgm
500 Kgm
(C) LEAFY VEGETABLES
24 Palak
100 Kgm
(D) GREEN STUFF
25 Green Corriander leaves
1200 Kgm
26 Green Chillies
400 Kgm
27 Ginger
200 Kgm
28 Pudina, Kadipatta, etc.
30 Kgm
Tenderer's Rate Remarks
Rs. P. per unit of
14
SCHEDULE – PART III, SHOWING THE APPROXIMATE QUANTITIES OF EGGS,
TO BE SUPPLIED YEARLY TO THE PORT TRUST HOSPITAL
WADALA, MUMBAI 400 037.
Sr.
No.
29
Item with Specifications
Eggs, Hen's 55 gms each (Preferably
with "AGMARK" seal
Approximate
Quantity
Tenderer's Rate Remarks
Rs. P. per unit of
2000Dozens
SCHEDULE – PART IV, SHOWING THE APPROXIMATE QUANTITIES OF BUTTER,
GREEN COCONUTS & BREAD TO BE SUPPLIED YEARLY TO THE PORT TRUST
HOSPITAL WADALA, MUMBAI 400 037.
Item with Specifications
Sr.
No.
30 Butter
Approximate
Quantity
400Kgm
31 Tender Coconut
7000Nos.
White Bread - of good quality. Brand:
32 Wibs, Modern, Britannia, Special
(800 gms./ Pkt.)
5000Packets
Brown Bread - of good quality. Brand:
Reputed like Wibs (400 gms./ Pkt.)
2600Packets
33
Tenderer's Rate Remarks
Rs. P. per unit of
SCHEDULE – PART V, SHOWING THE APPROXIMATE QUANTITIES OF POTATOES
& ONIONS TO BE SUPPLIED YEARLY TO THE PORT TRUST HOSPITAL
WADALA, MUMBAI 400 037.
Sr.
No.
Item with Specifications
34 Potatoes
35 Onions
Approximate
Quantity
Tenderer's Rate Remarks
Rs. P. per unit of
800Kgm.
5000Kgm.
SCHEDULE – PART VI, SHOWING THE APPROXIMATE QUANTITIES OF PICKLE,
BISCUITS, COFFEE, PEARL BARLI TO BE SUPPLIED YEARLY TO THE PORT TRUST
HOSPITAL WADALA, MUMBAI 400 037.
Sr.
No.
36
Item with Specifications
Mango Pickels, Brand:- Bedekar,
Pravin Kubal & Sahkar
37 Marie Biscuits, Brand: - Britannia
38 French Coffee
Approximate
Quantity
20Kgm
1700Packets
4Kgm
Tenderer's Rate Remarks
Rs. P. per unit of
15
Sr.
No.
Item with Specifications
39 Pearl Barley
40 Assorted Biscuits. E.g.
(I) Monaco (75 gms)
(ii) Krackjack (100 gms)
(iii) Gooday (75 gms)
Approximate
Quantity
12Kgm
1200Packets
Tenderer's Rate Remarks
Rs. P. per unit of
16
PORT TRUST HOSPITAL
WADALA, MUMBAI – 400 37.
CONTRACT FOR THE SUPPLY TO THE PORT TRUST HOSPITAL
OF_______________________________________________________
FROM_______________________ TO _________________________
ARTICLES OF AGREEMENT made and entered into this ______________________
day of _______Two Thousand and _______________________________________________
between _____________________________________________________________________
____________________________________________________________________________
(hereinafter called ‘The Contractor” which expression shall include the party named and
his/their respective heirs executors and administrators or its successors and assigns as the case
may be where the context so admits or requires) of the one part and the TRUSTEES OF THE
PORT OF MUMBAI incorporated by Mumbai Act VI of 1879 (hereinafter called “ The said
Trustees”) of the other part/ WEREAS the Contractor has by his tender dated the
_____________________ day of ____________________________ offered to supply
________________________________________________________ to the said Trustees
upon the terms and conditions mentioned in said tender AND WHEREAS it has been agreed
by and between parties hereto that the said terms and conditions should deemed to be
incorporated herein and to be part of these presents. Now THESE PRESENTS WITNESS that
it is hereby mutually agreed by and between and Contractor and the said Trustees as follows
that is to say :-
PERIOD
1.
For and during the terms of twelve months to commence and be computed from first
day of April 2015 and to terminate on thirty first day of March 2016. The said Contractor shall
and will at his own proper cost and charges supply articles and goods of the nature and
description specified in the Schedule hereto annexed at the respective rates therein mentioned
and in such quantities as may from time to time be required. The said Schedule shall be taken
as Part of this contract. The said articles and goods shall be delivered at the Port Trust
Hospital, Antop Village, Wadala, Mumbai 400 037. The contractor hereby expressly agrees
and declares that the mention of quantities in the said Schedule shall not in any way be taken as
qualifying or affecting his liability to supply as much of the articles and goods mentioned in
the said Schedule as may be ordered.
17
GOVERNMENT PRICE CONTROL
(A)
This agreement is made on the clear understanding by both parties hereto that if the
Central or State Government, introduces controlled prices for any of the items which the
subject matter of this Agreement at any time during its currency, such controlled prices shall,
unless Government’s control orders forbid, thenceforth be deemed to be the prices hereunder
for those particular items but the contract shall otherwise remain fully in force and unaffected
except that if the controlled prices are expressed in some different for to that used in the
Schedule to this Agreement, the latter price shall be recalculated so as to conform to the
controlled price system of calculation. In order to resolve any doubt it is hereby declared that
any such change as aforesaid in any of the prices of items hereunder, whether by way of
increase or decrease shall not entail any alteration in the deposit to be hold by the said Trustees
hereunder.
TIME FOR COMPLIANCE OF REQUISITIONS
2.
Except as otherwise specified in the Schedule hereunder, each order issued by the Chief
Medical Officer, Asstt. Chief Medical Officer/Administrative Officer shall be complied with in
full within twenty-four hours after the receipt of the same by the Contractor. When hour are
mentioned in the said order they shall be taken to be consecutive hours and not working hours.
The Contractor shall arrange to collect daily orders from the Office of the Chief Medical
Officer.
CONDITIONS GOVERNING SCHEDULE RATES
3.
The rates quoted are for net weights (except in cases of such items against which the
specifications and / or units in the annexed Schedule expressly provide otherwise) and are
inclusive of all charges for the vessels and cases containing the articles and goods and all
wrappers and packing (which will not be returned to the contractor except where otherwise
specified in the said Schedule) also of all charges such as freight, packing, cartage, coolies
hire, weighing over or otherwise, on account of delivery at the Port Trust Hospital, Antop
Village, Wadala, Mumbai – 400 037, also of all Government or Municipal duties or taxes
which were in force on the date of submission of the Contractor’s tender. Should any
Government or Municipal duty or tax be imposed or increase after the said date, and such
imposed or increased duty or any part there of actually be paid by the Contractor on any goods
delivered to the Trustees under the terms of this contract, the Trustees will pay by way of
refund to the Contractor an increase on the contract price equivalent to the amount actually
paid by him in respect of such duty or tax or increase of duty or tax upon production by the
Contractor of the official Government on Municipal receipt evidencing such payment by the
contractor. Should any government or Municipal duty or tax be decreased or remitted after the
aforesaid date the Trustees shall be at liberty to deduct so much from the contract price as will
be the equivalent to the decrease of duty or remitted duty.
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QUALITY OF ARTICLES
4.
All the said articles and goods shall be of unexceptional quality.
REJECTION OF ARTICLE
5.
Supplies shall be of the exact quality and description required and may be rejected as
unsuitable by the said chief Medical Officer, without being required to give any reason or such
rejection and the decision of the said Chief Medical Officer shall be final and conclusive in the
event of any dispute arising regarding all matters connected with this contract.
REMOVAL OR REJECTION
6.
All rejected articles or goods shall lie on the Port Trust Hospital premises at the risk of
the Contractor and shall be removed from the said premise by the said Contractor within fortyeight hours of the rejection of the said goods by the Chief Medical Officer. If the said
contractor shall neglect to do so within the 48 hours as aforesaid Chief Medical Officer may
cause such rejected goods to be removed or otherwise disposed of in any manner the said Chief
Medical Officer shall think fit at the said Contractor’s risk and the said Contractor shall pay all
expenses incurred by the Trustees in or about such removal or disposal.
PENALTY FOR DEFAULT IN SUPPLY
7.
In case any of the said articles or goods are rejected or in case there is any default in
supplying the same as aforesaid on the part of the Contractor the Chief Medical Officer shall
be at liberty to procure all such articles or goods as may be required in lieu thereof and as may
be considered suitable by the said Chief Medical Officer or any officer in the employ of the
Trustees from the other parties and the said Contractor shall upon demand pay upto the said
expenses as shall or may in anywise be incurred or sustained in and about procuring providing
or supplying such articles or goods together with a sum equal to Rs. 15 (fifteen) per cent, upon
the amount of all such difference in price charges and expenses which latter sum is to be taken
as compensation for office charges and for other expense, damages and loss sustained by the
said Trustees in consequence of such rejection or default as aforesaid PROVIDED nevertheless
that if the amount of office charges and expenses, damages and loss which may be sustained by
the said Trustees as aforesaid shall exceed the said sum equal to Rs. 15/-(Fifteen) per cent,
herein before referred to then the Contractor shall in lieu of the said sum pay to the said
Trustees the full amount of all such charges, expenses, damages and loss and the said Trustees
shall be at liberty to recover and enforce payment thereof and the said Trustees shall be at
liberty to retain the said sums from the amount of any bills that may or shall become due to the
said Contractor or from the amount of Rupees_______________________________________
deposited with the Chief Accountant of the said Trustees by the said Contractor before the
execution hereof as security for the due performance of these present.
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PENALTY FOR BREACH OF CONTRACT
8.
In case of any breach of this contract on the part of the Contractor in any manner
whatsoever or in case he shall become insolvent the Trustees shall be at liberty to determine
and put an end to this Agreement nevertheless without prejudice to the right of the said
Trustees to damage on account of non-fulfillment of the contract.
PROHIBITION AGAINST UNAUTHORISED DEALINGS AND PAYMENTS
9.
The Contractor shall not be directly concerned or in any way deal with any officer
servant or other person employed by or under the authority of the Trustees in arranging for the
supply of or in supplying the articles of goods hereby contracted for or otherwise unless by the
orders and directions of the said Trustees or their Agents duly authorised. Nor shall he either
directly or indirectly give or promise to pay or give or permit to be given to any person or
persons in any Department of the Port Trust money or any gratuity fee or reward which might
be considered to have reference to any matter or thing in any wise connected with the
performance of this Contract nor shall he assign over the present contract or any part hereof or
in any manner allow any other person or persons to interfere in the management or
performance thereof without the special licenses of the said Trustees or of their Agents duly
authorised in writing first had and obtained thereto.
RENDERING OF BILLS FOR SUPPLIES
10.
The bill for the articles supplied under this contract during the calendar month shall be
preferred in triplicate on the standard Mumbai Port Trust, Medical Department bill forms by
the contractor to the chief Medical Officer and their settlement shall be made through the
Trustees’ Chief Accountant.
RETRENCHMENT FROM BILLS
11.
The amount of retrenchments (if any be made by the auditing authorities of the Port
Trust on accounts of overcharge in the contractor’s bill for supplies made under this
engagement) shall be recovered either directly from the said Contractor or from the first bills
subsequently presented for payment. And if such retrenchments or any portion thereof are
thereafter remitted the amount so remitted if recovered will then be refunded to the said
Contractor.
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LIMITATIONS OF DEMANDS AND SUPPLY WHEN 25 PER CENT
OVER CONTRACT QUANTITY IS EXCEEDED
12.
The Trustees agree that should they require a greater supply of any of the said articles
or goods than is specified in the Said schedule, they shall purchase the same from the
Contractor at the respective rates for the same mentioned in that Schedule till the purchase by
them of such articles or goods amounts of 25 per cent over the quantity specified in the said
Schedule. Thereafter they shall be at liberty to purchase any further quantity there of from
other parties without reference to the said Contractor.
INDEMNITY AGAINST CLAIMS UNDER WORKMEN’S COMPENSATION
ACT, VII, 1923, AS AMENDED BY ACT XV OF 1933.
13.
In consideration of the premises the Contractor shall hold the Trustees harmless and
indemnified from and against all claims, costs and charges for which the said Trustees shall be
liable under the Workmen’s Compensation Act, 1923, as amended by Act XV of 1933 and all
expenses to which they shall be put thereunder both in respect of personal injuries (within the
meaning of the said Act) to employees and servants of the said Contractor arising out of or
occasioned during the currency of this Agreement through the acts or omission whether due to
negligence or not of the said Contractor and/or of the said Trustees and of their respective
servants and employees and in respect of personal injuries (Within the meaning of the said
Act) to employees and servants of the said Trustees arising out of or occasioned during the
currency of this negligence or not of the said Contractor and/or of his/their servants and
employees. This indemnity shall be in addition to and not in lieu of any indemnity to which
the said Trustees shall be entitled at law.
DELEGATION OF POWERS.
14.
The Chief Medical Officer may from time to time delegate to any other officer the
exercise of any of the powers or discretions vested in the said Chief Medical Officer under the
contract and may revoke any such delegation.
PAYMENT
15.
The said Trustees shall and will pay or cause to be paid for all such articles and goods
as shall be supplied by the said Contractor and shall be approved and accepted by the said
Trustees or by the Chief Medical Officer under or by virtue of this Agreement at the rates and
prices particularly specified and contained in the said Schedule hereto annexed.
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GENERAL CONDITIONS
16.
The General conditions of the tender prefixed hereto shall be deemed to be
incorporated herein and shall unless contrary to or inconsistent with the provisions hereof be
deemed to be a part of this contract and this contract shall be read and construed accordingly.
In witness whereof the said contractor/s has/have hereunto subscribed and set his/their
hand and seal and the Chairman of the Board and other two trustees has set his hand and seals
and the common seal of the said Board has been affixed the day and year first above written.
Signed, sealed and delivered
By the above named
In the presence of
__________________
__________________
Signed, sealed and delivered
by
Signature of Contractor
Chief Medical Officer of, for and on
Behalf of the Board of Trustees of the
Port of Mumbai
In the presence of
Secretary
Mumbai Port Trust
The common Seal of the
Trustees of the Port of Mumbai
Was affixed in the presence of
Secretary
Mumbai Port Trust
CHIEF MEDICAL OFFICER