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Title :
INVITATION TO TENDER AND INSTRUCTIONS TO TENDERERS FOR APPOINTMENT OF ROAD TRANSPORT CONTRACTOR AT F
Date of Post :
09 Mar, 2010
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Tender No. Dated: .......................
NOT TRANSFERABLE THE TENDER FORMAT IS ISSUED IN DUPLICATE
(ONE COPY SHALL BE RETAINED BY THE TENDERER)
Receipt No........................ Dated: .........................
Cost Rs. :.............................. (Rupees :................................................................................(in words) only.
THE FOOD CORPORATION OF INDIA, REGIONAL OFFICE: PUNJAB
Bay No. 34-38, Sector 31-A, Chandigarh
INVITATION TO TENDER AND INSTRUCTIONS TO TENDERERS FOR
APPOINTMENT OF ROAD TRANSPORT CONTRACTOR AT FOOD
CORPORATION GODOWNS/RAILHEADS
At .....................................................................
Tender Serial No. ........................
A. Last date for receipt of tender upto ........................................................ P.M. on ..............................
B. Tender to be opened at .......................................................................... P.M. on ..............................
Note: if the date fixed for opening of tenders is subsequently declared a holiday, the tenders will be
opened on the next working day following the holiday but there will be no change in the time for
opening indicated above.
C. Tender to remain open for acceptance upto and inclusive of ................................................
Note: (1) The General Manager, Food Corporation of India, Punjab Region Chandigarh may, at his
discretion, extend this day by a fortnight and such extension shall be binding on the tenderers.
(2) If the date upto which the tender is open for acceptance is declared to be a closed
holiday/Sunday, the tender shall be deemed to remain open for acceptance till next following
working day.
Telegraphic and Fax addresses Telephone Nos. 2638543-44-45, 2638748
(of the office receiving the Tender format) Fax: 2638259
From:
The General Manager,
Food Corporation of India,
Punjab Region, Chandigarh
To
Sarvshri ........................................................................................................
.......................................................................................................................
.......................................................................................................................
Dear Sir (s),
For and on behalf of the Food Corporation of India (hereinafter called the Corporation) the General
Manager, Food Corporation of India, Punjab Region, Chandigarh, invites tenders f or appointment of
contractors, for transport of foodgrains and allied materials etc. From .................................... to
........................................................................ for a period of ................................................................
from ........................................................................ or such later date as may be decided.
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GENERAL INFORMATION
1. (A) Place of operation will be the Mandis/Depots in ............................ to centers as per Appendix-I
(B) Brief description of work: Transportation of foodgrains from Mandis/Depots of
............................ to various Destinations as per Appendix-I.
The tenderer must get themselves fully acquainted with the size and location of godowns
viz-a-viz loading/unloading points before submission of tender and rates quoted by them shall be
deemed to have done after such acquaintance. Once a tender is submitted by party, he shall be
deemed to have fully acquainted himself with the size and location of godowns vis-a-vis
loading/unloading points and he shall not be entitled to any compensation arising out of any
discrepancy in size and location of godwons/group of godwons found later on.
In case the rates are quoted in a manner other than mentioned above the tenders are liable
to be ignored. The tenderer should not incorporate any condition in the Tenders, as conditional
tenders are likely to be ignored.
(C) Volume of work: No definite volume of work to be performed can be guaranteed during the
currency of the contract. However, some items of general information are given in Appendix-I to
the tender. The particulars given in the Appendix are intended merely to give the tenderer an idea
of the approximate quantum of work to facilitate and to make their own assessment for giving
quotation in accordance with the conditions of the contract. It should be clearly understood that no
guarantee is given that all the items of work as shown in the annexure to tender will be required to
be perf ormed.
2. The Contract, if any which may eventuate f rom this tender shall be governed in the terms and
conditions of the contract as contained in the invitation/instructions to the tenderer and as given in
the Annexure to the form of this tender.
3. The instructions to be followed f or submitting the tender are set out below:
(a) The information about tenderers : The tenderers must f urnish full, precise and accurate
details in respect of information asked for in Appendix-II attached to the form of tender.
(b) Signing of tender: (i) Person or persons signing the tender shall state in what capacity he is or
they are signing the tender, e.g., as sole proprietor of the firm or as a Secretary/Manager/Director
etc., of a Limited Company, in case of Partnership firm, the name of all the partners should be
disclosed and the tender shall be signed by all the partners or their duly constituted attorney,
having authority to bind all the partners in all matters pertaining to the contract. The original or an
attested copy of the partnership deed should be furnished alongwith the tender. In case of limited
company, the names of the Directors shall be mentioned and it shall be certified that the person
signing the tender is empowered to do so on behalf of the Company. A copy of the Memorandum
and Articles of Association of the Company shall be attached to the tender. In the case of Hindu
undivided family, the name of the family members should be disclosed and the Karta, who can
bind the firm, should sign the form and indicate his status below his signature.
(ii) The person signing the tender form or any documents f orming part of the tender on behalf of
another or on behalf of a firm shall be responsible to produce a proper power of Attorney duly
executed in his favour, stating that he has authority to bind such other person or the firm as the
case the may be, in all matters, pertaining to the contract. If the person so signing the tender fails
to produce the said Power of Attorney his tender shall be liable to summarily rejection without
prejudice to any other right of the Corporation under the law.
The Power of Attorney’s should be signed by all the partners in the case of a partnership concern,
by the proprietor in the case of the proprietor concern, and by the person who by his signature can
bind the company in the case of a limited concern. In the case of Hindu undivided family the
‘Power of Attorney’ should be signed by the Karta who by his signature can bind firm.
4. Earnest Money: Each tender must be accompanied by an Earnest Money of
(Rs. .............................(Rupees ............................................................................................. only) in
the form of a Demand Draft issued by the State Bank of India or a Scheduled bank, in f avour of the
General Manager, Food Corporation of India, Punjab Region Chandigarh TENDERS NOT
ACCOMPANIED BY EARNEST MONEY SHALL SUMMARILY BE REJECTED.
THE EARNEST MONEY SHALL BE LIABLE TO FORFEITURE IF THE TENDERER, AFTER
SUBMITTING HIS SEALED TENDERS, RESILES FROM OR MODIFIES HIS OFFER AND/OR
THE TERMS AND CONDITIONS THEREOF IN ANY MANNER, IF 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 THE
TENDERER FAILURE AFTER THE ACCEPTANCE OF HIS TENDER 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 parties resiling before validity period shall be blacklisted and in case of parties not submitting
the documents for verification, the earnest money shall also be forfeited besides blacklisting them.
The earnest money will be returned to all unsuccessful tenderers, as soon as practicable after
decision on tenders and to a successful tenderer, af ter he has furnished a security, 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.
NOTE: (i) The tenders should be accompanied by documents showing financial soundness &
business competency alongwith partnership deed and power of Attorney in case of partnership
firm. The tender must also be signed on each page by the authorized representatives(s) and all
Appendix should be filled in properly.
5. Security Deposit: (i) The successf ul tenderer shall furnish within a week of the acceptance of his
tender, a security amount of Rs. ........................................ (Rupees
............................................................. ....................................................) being 10% of the value of
contract. The tenderer is at liberty to pay 50 percent of the security deposit within the above-
mentioned period and the remaining fifty per cent by deduction at the rate of five percent from each
admitted bill for work done under the contract.
(ii) The Security shall be deposited in favour of the General Manager, Food Corporation of India
either through Demand Draft or Pay order.
(iii) The Security deposit furnished by the tenderer, would be subject to the terms and conditions
given in the Annexure of this tender and the Corporation will not be liable for payment of any
interest on the security or any depreciation thereof .
(iv) The successful tenderer/will ensure that the necessary document authorizing the person who
has signed the tender to bind his firm or the company have been filed or registered with the Public
Debt Office.
6. Document attached to tender: (a) In case of partnership firms attested copies of partnership
deed and Power of Attorney must be submitted by tenderers alongwith the tender. After a final
decision about the tender is taken, the successful tenderers shall produce original partnership
deed and power of attorney within 7 days of the acceptance of tender failing which Corporation will
be entitled to cancel the contract at the risk and cost of tenderer.
(b) The tenderers should submit both the tender Bids i.e. Technical Bid and Price Bid in separate
sealed envelops and finally putting them in one sealed cover including invitation to the tender
intact, duly filled in complete and signed on each page of the tender form.
(c) Tenders not accompanied with all the Schedules/Annexure; intact and duly filled in and signed
may be ignored.
7. Delivery of Tender:
a) The Technical Bid and price bid shall be submitted in separate sealed envelops being clearly
subscribed as Technical Bid and Price Bid, both these envelops containing the Technical Bid and
Price Bid will finally be put in double sealed envelops The inner envelops being subscribed as
tender no ................. for ......................, the outer cover shall be addressed to the ………….., Food
Corporation of India ………………without any indication that a tender is
contained inside. The tenderers must quote rate in the form annexed at Appendix-IV. Tenderers
which do not comply with this instruction shall be merely rejected. No additional document will be
accepted after opening of Technical Bids.
b) Both the technical and price bid shall be submitted simultaneously as stated above.
c) The name of work and words Technical Bid Only and Price Bid Only as the case may be clearly
written on top of respective (Cover) envelop.
d) Technical bid shall be accompanied by earnest money of Rs. ..................................... (Rupees
.................. .................................................................................................. only) by demand draft or
pay order of any scheduled bank in favour of ‘Food Corporation of India’, …………..,
…………….
e) All credentials, documents and copies of certificate / inf ormation called for, should be submitted
as per tender notice with Technical Bid in one stroke.
f) The technical Bid only shall be opened first on due date and time specified, in the presence of
the tenderers or their authorized representative who will remain present. The price Bid of only
those tenderer shall be opened whose technical Bid are found to be prima-facie acceptable. The
time and the date of opening of price Bid shall be fixed and intimated to them.
g) It should be clearly understood by the tenderer that no opportunity shall be given to them to
alter, modify or with-draw any offer at any stage after submission of the offer.
h) The tender form shall be filled in by tenderer clearly, neatly and accurately. Any alteration
erases or over writing will render the tender invalid. Alteration neatly carried out and dully initialled
by the same signatures of tenders, however is permitted.
8. Opening of tenders: The tender will be opened in the office of the General Manager, Food
Corporation of India, ……………..at the fixed time and the date indicated in the
NIT. The tenderers will be at liberty to be present either in person or through an authorized
representative at the time of opening of tenders.
9. Corrupt practices: Any bribe, commission and advantage offered or promised by or on behalf of
the tenderer to any officer or servant of the Corporation shall (in addition to any criminal liability
which the tender may incure) debar his tender from being considered. Canvassing on the part or
on behalf of the tenderer will also make his tender liable to rejection.
10. Interviews and Acceptance of tender: The tenderers should be prepared to proceed to
Chandigarh at their own expenses and without any obligation, if called upon to do so, by the
General Manager, Food Corporation of India, Punjab Region, Chandigarh or the ZM or the
Managing Director or an officer authorised to act on their behalf. The General Manager, FCI
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Punjab for and on behalf of FCI, 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 advised of the acceptance of his tender by a letter/telegram or formal Acceptance of tender.
Where acceptance is communicated by telegram, the formal acceptance of tender will be
forwarded to the contractor as soon as possible, but the telegram must be acted upon immediately.
The date of communication of acceptance shall be treated as the completion of acceptance f rom
FCI side.
Yours faithfully,
For General Manager
Food Corporation of India
Punjab, Region, Chandigarh
ANNEXURE
TERM AND CONDITIONS GOVERNING CONTRACTS FOR TRANSPORT,
LOADING/UNLOADING OF FOODGRAINS ETC., AT FOOD CORPORATION
DEPOTS/MANDIS/GODOWNS ........................................................
I. Definition: (i) The term ‘contract’ shall mean and include the invitation to tender ,
incor porating also the instruction to tender ers, the tender, its annexure and schedules, acceptance
of tender and such general and special conditions as may be added to it.
ii) The terms ‘Corporation’ and the ‘Food Corporation’ wherever occurs shall mean the Food
Corporation of I ndia established under section 3 of the Food Corporation Act, 1964, and will
include its Managing Director/Secretary, and its successor, or successors and assignees.
iii) The terms ‘’General Manager’’ shall mean the Gener al Manager under Food Corporation of
India under whose administrative jurisdiction, the Food Corporation depots/Godowns/Mandis to
which the contract relates fall. The term ‘General Manager’ shall also include the District
Manager and every other officer authorised for time being to execute contracts on behalf of the
Food Corporation of India.
iv) The ter m ‘’Services’’ shall mean per for mance of any of the items of work enumer ated in
schedule of services operations as may be indicated by the General Manager or an officer acting
on his behalf.
v) The term ‘’Contractor’’ shall mean and include the person or persons fir m or company with
whom the contract has been placed including their heirs, executors, administrators, successor
and their per mitted assignees as the case may be.
vi) The term ‘’Contract rates’’ shall mean the rates of payment accepted by the General Manager
for and on behalf of the Food Cor poration of India.
vii) The term ‘’Godowns’’ shall mean the Food Corporation Depots, Godowns/Mandis belong to
or in occupation of the corporation at any time and shall also mean and include open platfor m /
plinth built or constructed for storage of Foodgrains inside or outside the depot premises.
viii) The term ‘’Foodgrains’’ shall mean and include Food grains, pr oducts of food gr ains,
fertilizers, sugar and groundnut foods etc.
ix) The term ‘’Trucks’’ wherever mentioned shall mean mechanically driven vehicle such as
Lories etc., and shall exclude animal driven vehicles.
II. Object of the Cont ract: The contractors shall render all or any of the ser vices given in
schedule of rates as and when necessary and as directed from time to time by the General
Manager or an officer acting on his behalf together with such additional auxiliary and incidental
duties, services and operations as may be indicated by the General Manager or an officer acting
on his behalf and not inconsistent with these ter ms and conditions.
III. Parties to the Contract: (a) The Parties to the contract ar e contractors and the Food
Corporation of India represented by the General Manager, Punjab and/or any other person
authorised and acting on his behalf.
(b) The Per son signing the tender or any other documents forming part of the tender on behalf of
any other person or a fir m shall be deemed to warrant that he has author ity to bind such other
person or the firm, as the case may be in such matter pertaining to the contract, If on enquiry, it
is found that the person concerned has no such author ity the Food Corporation of India
represented through the General Manager may without prejudice to other civil/criminal
remedies, terminate the contract and hold the signatory liable for all costs and damages.
(c) Notice or any other action to be taken on behalf of the Food Corporation of India may be
given/taken by the Gener al Manager or any officer so authrioed and acting on his behalf.
IV. Constit ution of Contractors : (a) Contr actor s shall at the time of submission of tender
declare whether they are sole proprietary concern or register ed partnership firm or private
limited company or a public limited company incor porated in India or a Hindu undivided firm.
The composition of the partner ship, names of Directors of Companies and name of Karta of
Hindu undivided family shall be indicated. The contractors shall also nominate person in whose
hands the active management and control of the work relating to the contract during the tenure
of the contract would lie. The per son so nominated shall be deemed to have power of attorney
from the contractors in respect of the contract and whose act, shall be binding on the contractors.
(b) The contractors shall not during the currency of the contracts, make without the prior
approval of the corporation any change in the constitution of the fir m. The contractors shall
notify, to the Cor poration the death/resignation of any of their partners/directors immediately on
the occurrence of such an event. On receipt of such notice Cor poration shall have the right to
terminate the contract.
V. Subletting: The contractors shall not sublet, transfer or assign the contract or any part
ther e of without the previous wr itten approval of the Corporation, I n the event of the contractors
contravening this condition the Corporation shall be entitled to place the contract else wher e on
the contractor’s account and at their risk and the contractors shall be liable for any loss or
damages which corporation may sustain in consequence or arising out of such replacing of the
contract.
VI. Relationship with third parties: All transaction between the contractors and third parties
shall be carried out as between two principals without reference in any event to the Corporation.
The contractors shall also undertake to make third parties fully aware of the position aforesaid.
VII. Liability for Personnel: (a) All Per sons employed by the contractors shall be engaged by
them as their own ser vants in all respect and the responsibility under the Indian Factories Act or
the workmen’s Compensation Act or Employees Provident Fund Act, or any other similar
enactment in respect of all such per sonnel shall be that of the contractors. The contractors shall
be bound to indemnify the Corporation against all the claims what-so- ever in respect of said
personnel under the workmen’s Compensation Act. 1923 or any statutory modification thereof,
or otherwise for or in respect of any damage or compensation payable in consequence of any
accident or injury sustained by any workmen or other person whether in employment of the
contractors or not.
(b) The contractor shall be liable for making contributions in accordance with the provisions of
the Employees’ Provident Fund Act. 1952, and the Scheme framed there under in respect of the
labour employed by him. The contr actor shall recover the Amount Payable by such employees
and pay corporation, i.e. the Principal employer under the said Act, the amount of members,
contribution together with and equal amount of his contribution.
If on account of the default of the contr actor in making such payment, or for any other
reason, the corpor ation makes, such contributions on behalf of the contractor, the contractor
shall be bound to reimburse the Cor poration the amount of such contribution made by it. The
Corporation shall be entitled to set off against the amount due to the contractor on account of his
default in making payment or otherwise, in respect of the Labour employed by the contractor.
The contractor shall also maintain such records and also submit such return as pr escribed
under the act Authority designated in the Employee’s Provident Fund Act, 1952, and the Scheme
framed there under, and to the General Manager , Food Corporation of India. The Contractor
shall also make available such records, and returns as may be prescr ibed and/or demanded for
inspection to the Officers of the Regional Provident Fund Commissioner and to the General
Manager FCI or any officer, authorised by him or acting on his behalf.
(c) In complying with the said enactment or any statutory modif ication thereof the contractors
shall also comply with cause to be complied with the labour regulations/enactment made by the
state Govt./Central Govt. from time to time in regard to payment of wages to the workers, wage
period, deduction from wages recover y of wages not paid and deduction/unauthorized made,
maintenance of wage book or wage slip, publication of the scale of the wages and other terms of
employment inspection and submission of periodical returns and all other matters of like nature.
(d) Notwithstanding the fact whether the said legislation’s/enactment’s or any statutory
modification thereof, are applicable or not to the employees/workers employed by the contractor
he shall pay to them.
The equal wages to women labour at par with men shall be paid for similar nature of work.
VIII. Bribe, Commission corrupt Gift etc.: An Act of bribe, gift or advantage given promised
or offered by or on behalf of the contractor or any one of their partner s/Dir ectors/Agents or
servants or any persons on his or her behalf to any officer, servant, representative or agent of the
Corporation or any person on his or their behalf for showing or for bear ing favour or disfavour
to any person in relation to the contract shall subject the contractors to the cancellation of this
contract or any other contract with Corporation and also to payment of any loss or damage
resulting from such cancellation.
IX. Period of Contract : The contract shall remain in force for period of
..................................................... ............................................................................................ or
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such later date as may be decided by the General Manager but the General Manager reser ves
right:
i) To extend the period of contract for a further per iod up to three months on the same rates,
terms & conditions.
ii) To ter minate the contract at any times during its currency without assigning any reason
ther eof by giving thirty days notice in writing to the contr actor s at their last known place of
residence/business and the contractors shall not be entitled to any compensation by reason of
such termination. The action of the General Manager, food Corporation of I ndia, Punjab Region,
Chandigarh under this clause shall be final, conclusive and binding on the contractor and shall
not be called into question.
X. Summary terminat ion: (a) In the event of the contractors having been adjudged insolvent
or going into liquidation or winding up their business or making arr angement with their creditors
or failing to obser ve any of the provisions of this contract or any of the terms and conditions
governing the contract, the General Manager shall be at Liber ty to terminate the contract
forthwith with out prejudice to any other right or remedies under the contract and to get the work
done for the unexpired period of the contract at the risk and cost of the contractors and to claim
from the contractors any resultant loss sustained or cost incurred.
(b) The General Manager shall also have without prejudice to other rights and remedies, the
right, in the event of breach of the contract of any of the terms and conditions of the contract to
terminate the contract forthwith and to get the work done for the undexpired per iod of the
contract at the r isk and cost of the contractors and/ or forfeit the security deposit or any part
ther eof for the sum or sums due for any damages losses, charges, expenses or cost that may be
suffered or incurred by the Corporation due to the contractor’s negligence or unworkman like
performance of any of the services under the contract.
(c) The contractors shall be responsible to supply adequate and sufficient labour/trucks and any
other transport vehicles for loading/unloading transport and carrying out any other services
under the contract in accordance with the instructions issued in by the General Manager or an
officer acting on his behalf. I f the contractors fail to supply the requisite number for labour &
trucks the General Manager shall at his entire discretion, without terminating the contract be at
liberty to engage other labour/trucks etc. at the risk and cost of the contractors, who shall be
liable to make good to the Corpor ation all additional charges, expenses, cost of losses that the
Corporation may incur or suffer hereby. The contr actor shall not, however, be entitled to any
gain resulting from entrustment of the work to another party. The decision of the General
Manager shall be final and binding on the contractors.
XI. Security Deposit: ( a) The Contractors shall furnish within a week of the acceptance of
their tender, secur ity as prescribed in the invitation to tender failing which the contract shall be
liable to cancellation at the r isk and cost of the contractors and subject to such other remedies as
may be open to the General Manager under the terms of the contract. The contractor at their
option may deposit 50 percent of the prescr ibed secur ity in any of the prescr ibed forms at time
of award of the contract while the balance 50% may be paid by the contractor by the deductions
at the rate of 5% from admitted bills of the contractors.
(b) The security should be deposited in the form of Demand Draft/Pay Order in favour of
…………., Food Corporation of India, …………..of a scheduled bank and the amount
shall not earn any interest.
(c) The security deposit will be accepted on the clear under standing that Cor poration is not held
responsible for any loss that may result fr om failure of the bank or from any other cause,
(d) The Corporation shall not be liable for payment of any interest on the security deposit or any
depreciation thereof for the time it is held by the Corporation.
(e) The security deposit will be refunded to the contractors on due satisfactory per for mance of
the services and on completion of all obligations by the contractor under the terms of the
contract and on submission of a ‘No demand certificate’ Subject to such deduction from the
security as may be necessar y for making of the Corporation’s claims against the contact.
(f) In the event of termination of the contract envisaged in clause X, the General Manager shall
have the r ights to forfeit the entire or part of the amount of secur ity deposit of the contractors or
to appropriate the Security Deposit or any part thereof in or towards the satisfaction of any sum
due to be claimed for and damages, losses, char ges, expenses or cost that may be suffered or
incurred by the corporation.
(g) The decision of the General Manager in respect of such damages, losses, charges or expenses
shall be final and binding on the contractors.
(h) In the event of the security being insufficient or if the secur ity has been wholly forfeited, the
balance of the total sum recoverable, as case may be shall be deducted from any sum then due,
or which at any time thereafter may become due to the contractors under this or any other
contract with the Corporation. Should that sum also be not sufficient to cover the full amount
recoverable, the contractors shall pay to the corporation on demand the r emaining balance due.
(i) Whenever the security deposit falls shorts of the specified amount, the contractors shall make
good the deficit so that the total amount of security deposit shall not at any time be less than
specified amount.
XII. Liability of contractors for losses, etc. suffered by corporation: -
(a) The contractors shall be liable for all costs, damages, registration fees, charges and expenses
suffered or incurred by the Corporation due to the contractor’s negligence and unworkman like
performance of any services under this contract or breach of any terms there of or their failure to
carr y out the work with a view to avoid incurrence, demurrage, etc., and for all damage or losses
occasioned to the Corporation or in particular to any proper ty or plant belonging to the
Corporation due to any act whether negligent or otherwise of the contractors themselves or their
employees. The decision of the General Manager, regarding such failure of the contractors and
their liability for the losses, etc. suffered by the Cor poration, shall be final and binding on the
contractors.
(b) The Corporation shall be at liberty to reimburse themselves of any damage, losses charges,
Costs or expenses suffered or incurred by them due to contractors negligence and unworkman
like perfor mance of services under the contract or breach of any ter ms thereof. The total sum
claimed shall be deducted from any sum then due or which at any time hereafter may become
due to the contractors under this or any other contract with the Corporation. In the event of sum
which may be due from the Corporation as aforesaid being insufficient the balance of the total
sum claimed and recoverable from the contractors as afor esaid shall b deducted from the
security deposit, fur nished by the contractors as specified in para XI. should this sum also be not
suff icient to cover the full amount claimed by the Corporation, the contractors shall pay to the
Corporation on demand the r emaining balance of the afor esaid sum claimed.
(c) In the event of failure of the contractor to provide number of trucks per day, the LD(Liquidated
Damage) @ Rs.300/- per truck per day for a 9 MT truck will be levied fr om the contractor upto 10
trucks per day . For higher capacity trucks, the levy of LD shall be increased proportionately.
In the event of delay on the part of contractor in providing other ser vices as mentioned in the
MTF i.e. labour, weighment machines, weights and any other services mentioned in the
agreement, efficiently and to the entire satisfaction of the GM(Region) or any other officer
acting on behalf, the GM(Region) without prejudice to any other right and remedies under the
agreement have lawful right to levy LD fr om the contractor @ Rs.2000/- per day or such lesser
amount per day or part of the day in case of delay as the GM(Region) in his absolute discretion
may determine subject to total LD not exceeding 15% of the contract value dur ing the operation
period of the contract.
The decision of the Corporation in regard to levy of LD under Para (1) & (II) above shall be
final and binding on the parties.”
(d) The contractors shall be responsible for the safety of the goods from the time they are loaded
on their truck from mandis / godowns until they have been unloaded fr om their trucks at
godowns or at other destinations. They shall provide tarpaulins on decks of the truck so as to
avoid loss of grain, etc. through the holes / cr euices in the decks of the truck and shall be liable
to make good the value of any loss, shortage or damage dur ing transit. The General Manager
will be the sole judge for determining after taking into consideration all the relevant
circumstances. The quantum and value of loss and also as r egards the liability of the contractors
for such loss and the amount to be recovered fr om them, the decision of the General Manager in
this regard shall be final and binding on the contractors.
(e) The stocks will be moved under transit insurance cover to be arranged by the contractor from
General Insurance Company in favour of FCI.
(f) The loading of the stocks will be restr icted to the limit prescr ibed under the revised motor
vehicle act.
(g) In the event of default on the part of the contractor in providing tr ucks and on their failure to
perform any of the ser vices mentioned in the agreement efficiently and to the entire satisfaction
of General Manager or any officer on his behalf, the General Manager shall be without prejudice
to other r ights and remedies under this agreement have the r ight to r ecover by way of
compensation from the contractor a sum of Rs.3000/- per day or part of day Rs. 300 per truck
which ever is less at each dispatching centre of default and the General Manager in his absolute
discretion may determine and decision of General Manager on the question whether the
contractor have committed such default or have failed to perform any of such service efficiently
and are liable to pay compensation and as to the quantum os such compensation shall be final
and binding on the contractors.
XIII. A Set - off: - Any sum of money due and payable to the contractors (including security
Deposit returnable to them) under this contract may be appropriated by the Corporation and set
off against any claim of the Cor poration for the payment of any sum of money ar ising out of or
under any other contract made by the contractors with the Corporation.
XIV. Book Examination: - The contractor shall whenever required, produce or cause to be
produced for examination by the General Manager or any other officer authorised by him in this
behalf any cost of other accounts book of account vouchers, receipts letters memorandum or
wr iting or any copy of or exact form any such document and also furnish infor mation and
returns, Ver ified in such manner as may be required, relating to the execution of this contract or
relevant for ver ifying or ascertaining the cost of execution of this contract. The decision of the
General Manager on the question of relevancy of any document, information or return shall be
final and binding on the contractor. The Contractor shall produce the required documents,
information and returns at such time and place as may be directed by the General Manager.
XV. Volume of work: - (a) Subject as hereinafter mentioned the Cor poration do not guarantee
any definite volume of work or any particular pattern of service at any time or thr oughout the
period of the contract. The mere mention of any item of work in this contract does not by itself
confirm a right on the contractors to demand that the wor k relating to all or any item thereof
should necessar ily or exclusively be entrusted to them. The Corporation will also have the
exclusive r ight to appoint one or mor e contractors for any or all the ser vices mentioned
hereunder and to divide the work as between such contr actors in any manner that the
Corporation may decide and no claim shall lie against the Corporation by reason of such
division of work.
(b) PROVIDED ALWAYS THAT THE CORPORATION UNDERTAKE DURING THE
PERIOD OF THE CONTRACT THE CONTRACTORS SHALL IN ANY EVENT BE
ENTRUSTED WITH THE WORKS WHICH WOULD ENTITLE THEM TO A
REMUNERATI ON OF AN AMOUNT WHICH WOULD NOT BE LESS THAN
RS._____________(RUPEES_____________________________________________________
________________) ONLY.
THE STOCK WILL BE MOVED UNDER TRANSIT INSURANCE COVER TO BE
ARRANGED BY THE CONTRACTOR FROM GENERAL INSURANCE COMPANY IN
FAVOUR OF FCI.
XVI Remuneration: - (a) The contractors shall be paid the remunerations in respect of the
services performed by them at the contract rate.
(b) If the contractors are required to perform any service in addition to those specifically
provided for in the contract and the annexed schedule of contractor’s remuneration for the same
will be paid at the rates as negotiated and fixed by mutual agreement, failing which action under
existing law will be taken.
(c) The question whether a particular services is or is not covered by any of the services
specifically described and pr ovided for in the contract, or is not auxiliary or incidental to any of
such services shall be decided by the General Manager whose decision shall be final and binding
on the contractors.
(d) The Contractors will have the right to r epresent in writing to the General Manager
that a particular service which they are being called upon to per form is not covered by any of the
services specif ically pr ovided for in the contract or as the case may be, is not axillar y or
incidental to such services, provided that such representation in wr iting must be made within 15
days after the date of actual performance of such services. If no such representation in wr iting is
received within the said time, the contractor’s right in this r egard will be deemed to have been
waived.
XVII PAYMENT: - (a) Payment will be made by the concerned General/ Area
Manager of the Food Corporation of India on submission of bills, in triplicate duly supported by
consignee receipts issued by the General Manager or an officer acting on his behalf as the case
may be.
(b) The contractors should submit all their bills not later than 2 months from the date of expir y
of the contract so that the refund of the security deposit may be speeded up. In order to facilitate
disposal of bills the contractors are advised to submit their bills weekly/fortnightly.
NOTE: - The General Manager may at his discretion make an “on account” payment to the
extent of 50 per cent of the value of work done in cases where the contractors are not in a
position to submit their final bills due to operational or any other diff iculties, after the
satisfactory performance of the services provided in the contr act. The Corporation shall not be
liable for payment of any interest on any bill outstanding for payment.
XVIII Delays, Strikes etc.: - The contractors will not be r esponsible for delays which may arise
on account of reasons beyond their control of which the General Manager shall be the
final judge. Strikes by contractor’s workers on account of any dispute between the
contractors and their workers as to wages or to otherwise will not be deemed to be a
reason beyond the contr actors control and the contractors shall be responsible for any
loss or damage which the Corporation may suffer on this account .
XIX Service to be performed by the Contractors: -
Note: - The contractor shall have to transport the foodgr ain from depots Mandis of
................................ to various destinations. as per Appendix-I.
The Contractors shall transport by trucks to be arranged by them such number of bags
of foodgrains, sweepings, spilling etc; as may be requir ed from day today by the
General Manageror an Officer acting on his behalf from the FCI depots mandis in
- 15 -
...................................................... The contractors shall take care not to mix bags of
different kind of foodgrains bags containing different qualities of the same foodgrains,
and bags containing wet/damaged gr ains, sweepings etc; with bags of sound grains
etc.
The contractors shall obtain from the General Manager or an officer acting on his behalf
every evening particular s of the number of bags of foodgrains etc; required to be
transported the next day, the place where the trucks/carts should report for loading and
the destinations to which the goods would be required to be transpor ted. In special
cases, they may be required to arrange transport at shorter notice and they shall be
bound to comply with such requisitions. Payment for this service will be in accordance
with the stipulation given in notes below Appendix - IV
XX Law Governing the Cont ract: - The contract will be governed by the Law of
India for the Time being in force.
XXI DUTIES AND RESPONSIBILITIES OF THE CONTRACTORS AND THEIR
LIABILITY FOR LOSSES ETC. SUFFERED BY CORPORATION.
(1) The contractor shall obtain daily from the Area manager or any officer acting on
his behalf the programme of loading for the next date/day and shall provide adequate
number of lor ries/tr ucks in good condition in accordance with this programme and shall
ensure that the first batch of lor ries, trucks etc. are positioned at the different loading
points as indicated by the Area Manager or any officer acting on his behalf at 7.00hr s.
daily. In special cases the contractors may also be required at short notice to arrange to
transports bags of food grain, flours, fertilizers, sugar, etc. and shall bound to comply
with such requests. The quantity mentioned in any programme given by the Area
Manager or any other officers acting on his behalf may be altered and the contractors
shall be bound to supply lorries required for the quantity shown in the programme. They
shall not be entitled to any compensation what so ever for not entrusting them with the
quantity specified in any programme issued to them.
(2) No compensation shall be admissible to the contractor in respect of detention of
trucks/ any other vehicle at the godown or any other loading / unloading points or any
others places unless such detention be of an extra ordinary kind and the decision of the
General Manager in all such matter shall be final both as regards the admissibility of
compensation to contractors on account of non availability of work in sufficient to
engage the number of trucks or any other vechile specified in any programme issued by
GM or an officer acting on his behalf.
(3) The contractors shall be responsible for the safety of the goods from time to time
they are loaded on the truck until they have been unloaded from their truck at the
godowns at destinations. They shall provide tarpaulins at the bottom of the trucks
before loading bags on the trucks and also cover the stocks with tarpaulins after
completion of loading so as to prevent loss or damage to foodgrain etc. through the
holes in the bags / trucks or due to exposure to sky and weather condition. They shall
deliver the number of bags and the weight of foodgrains etc. received by and loaded on
their trucks and shall be liable to make good the value of any loss, shortages or
damage during transit. The weight of the bags of foodgrains etc. loaded / unloaded into
/ from trucks or any other vehicle shall be worked out on the basis of cent percent
weighment of the bags not exceeding 10% if the bags are standardized. The
representative of the contractors shall be present at the time of checking of the weights
at the loading /unloading points etc. The General Manager ………will be the sole judge
for deter mining after taking in to consideration all the relevant circumstances the
quantum and the value of the loss and also as r egar d the liability of the contractors for
such loss and the amount to be recovered for m them. The decision of the Gener al
Manager ……….shall be final and binding on the contractors.
(4) The contractor shall be liable for any loss/damage caused by any delay in the
delivery of goods to the corporation due to the br eak down of the vehicle to its detention
by the police or other authorities for non- compliance with any of the rules and
regulations.
(5) The contractors shall not allow any other goods to be loaded in the lorries in which
the foodgrain etc. of the corporation are loaded.
(6) The contractor shall be liable to make good the value of any shortage, wastage, loss
or damages to the goods in transit at twice the average acquisition cost, as applicable from time
to time, for all food grain and commodities other then sugar and thrice the average acquisition cost
as applicable from time to time, in respect of sugar except when the General Manager
(whose decision shall be final) decides that the difference
between the weights taken at the dispatching and receiving ends is negligible
and is due to discrepancies between the scales gain on loss in moisture or other
causes beyond the contractor’s control. Such recovery shall be effected without prejudice to the right of FCI to initiate civil/criminal proceedings against the defaulting contractors wherever it is suspected that the shortage/ losses occurred due to deliberate/ willful omission, theft, misappropriation, irregularities etc. committed by the contractors or their representatives/ employees.
(7) The contractor shall advise in writing periodically the registration numbers and
description of the vehicle used for the transport of the goods of the corporation so as to
make easy checking of the vehicles by the officers of the corporation.
(a) The rates for transport of foodgrains etc. is on the basis of net weight of foodgrains
etc.
(b) No separate remuneration will be payable for the distance cover ed by the loaded
lorries / any other vehicle and not for distance cover ed on return journey or from garage
to place of loading or back to garage.
(c) The transport charges are payable for the distance covered by loaded lorries / any
other vehicle and not for distance covered on return journey or fr om garage to place of
loading or back to garage.
(d) The transport charges shall be paid for 1KM when the distance covered by loaded
lorry any other vehicle per trip is less than distance covered by lorry or any vehicle. The distance shall in all cases be rounded off the nearest KM.
(e) The distance will be reckoned fixed by the Chief Engg. PWD, or an officer
nominated by him or by the GM, FCI or checked by an officer acting on his behalf
rounded off to the nearest KM.
(f) The contractors shall be liable for all costs, damages, charges and expenses
suffered or incurred by the Cor poration due to the contr actors, negligence and
unworkman like perfor mance of any service under this contract or breach of any terms
thereof or their failure to carry out the work with a view to avoid incurrence of
- 17 -
demurrage; wharfage etc; and for all damages or losses occasioned to the Corporation
or in particular to any property or plant belonging to the Corporation due to any act
whether negligent or otherwise of the contractors themselves or their employees. The
decision of the General Manager regarding such failure of the contr actors and their
liability for the losses etc suffered by Corporation shall be final and binding on the
contractors.
In case the party failed to provide 10 tr ucks each day for each centre penalty of Rs.
300.00 (Rs. Three Hundred only) per day per truck would be imposed. (However,
this would be based on the requisition made by the AM (D) /District Office on the party in
writing).
(g) Deleted.
(h) No Compensation shall be admissible to the contractors in respect of the detention
of trucks / any other vehicles in godowns, railway station, railway siding or any other
loading / unloading points or any other places unless such detention be extra ordinary
kind and the decision of the GM, FCI on all such claims shall be final and both as
regards the admissibility and the amount, if any of compensation.
(i) No Compensation shall be admissible to the contractors on account of non
availability of work sufficient to engage the number of trucks/lorries/workers specified in
any programme issued by the GM, FCI or an officer acting on his behalf.
(j) The weight of bags of foodgains etc. loaded / unloaded from / trucks lorries at the
godowns / mandies other loading / unloading points shall be worked out on the basis of
cent percent weighment, if the bags are non standaridized and on a check weighment
of percentage of bags not exceeding 10% if the bags are standard before being loaded
/ unloaded. The representative of the contractors shall be present at the time of
checking of weights at the loading / unloading points etc.
- 18 -
APPENDIX I
(Reference Para - 1 of Invitation Tender )
GENERAL INFORMATION
The Food Corporation depots at
...................................................................................................................... Consist of
the following groups godowns: -
The Contractors shall have to transport the foodgrains stocks from the Mandis / depots
...........................................................................................................................................
.... to various destination as per details given below :-
The particulars given above are intended merely to help the tenderer to for m their own
idea of the approximate quantum of work involved in this contr act. The tenderer must
acquaint themselves fully with the size and location of godowns / mandi. They are
warned not to rely on the particulars given in the notes above. No guarantee is given
that all the items of work shown above will be requir ed to be performed. The successful
tenderer shall be bound to execute all works as required under the terms of contract
and shall not be entitled to make any claim whatsoever against the Corporation for
compensation /revision of rates or otherwise on the basic of particular s referred to
above.
APPENDIX - II
(Reference Para 3 (a) of invitation of Tender and clause IV of Annexure to tender),
(TO BE FILLED IN BY THE TENDERER)
1. Name, date of birth and address of the tenderer and
telegraphic address
2. Composition of tenderer :- (It should be stated whether
the tenderer is a Hindu Joint family business, Proprietor
ship concern or registered Partnership firms or a limited
Company.) The name of all Partner/Directors, propri
etors, karta of joint Familyshould be given. It should be
certified that there are no undisclosed partner, and in the
caseof limited compnies the authorised and paid up
capital should be stated
3. Business in which the tenderer is employed. The nature or
business in which the tender or partner of tender’s firm
are engaged should be stated together with particulars of
where head office and branches , if are located
4. Experience of work :- Full particulars should be given if
the tenderer has worked as a labour and transport
contracotor of the Central Government, State Govt. or Pub
lic/Private Companies. The period for which the work has
been done should be clearly indicated. The Certificate to
support the statemets may be attached. The tenderer should
indicate clearly whether they are working contractors on
behalf of any Departments of Central or State Govt. or
Railways etc.
5. Tenderer’s banks : - The names of the bank or Banks and
the branches with which the tenderer has dealings and who
can certify the tenderer’s financial status, should be given.
- 20 -
APPENDIX - III
The contractor shall have to transport foodgrains stocks from Mandis/ Depots
.............................................. to various destinations as per details given below:
(Rate for Transportation is to be quoted by tenderer in Appendix-IV)
Note:
1) The rate for transport foodgrains etc. is on the basis of net weight of foodgrain which includes all taxes, duties, cess etc.
2) The transport charges are payable for the distance covered by loaded Lorries /any other vehicles and not for
distance covered on return journey or the garage to place of loading or back to garage.
3) Transport charges shall be paid on point at flat rate quoted by the tenderer and accepted by the Corporation.
4) No Compensation shall be admissible to the contractors in respect of the detention of trucks at godowns/ mandis
or any other loading / unloading point(s) or any other place(s) unless such detention be of extra ordinary kind and
the decision of the GM, FCI on all such claims shall be final and both as regards the admissibility and the amount, if
any of compensation.
(5) No Compensation shall be admissible to the contractors on account of nonavailability of work sufficient to engage
the number of trucks/lorries/workers specified in any programme issued by the GM, FCI or an officer acting on his
behalf.
(6) The weight of bags of foodgains etc shall be worked out on the basis of cent percent weighment, if the bags are
standard before being loaded / unloaded. The representative of the contractors shall be present at the time of
checking of weights at the loading / unloading points etc
.
Note: - No charges other than those mentioned above shall be payable in respect of the services operation which
are auxiliary and / or incidental to Principal Services.
APPENDIX - IV
Tenders: -
(i) Telegraphic Address .....................................................................................
(ii) Telegraphic Number (if available) .................................................................
From ..........................................................................
To ...............................................................................
THE GENERAL MANAGER, FOOD CORPORATION OF INDIA
R.O. PUNJAB, CHANDIGARH
Dear Sir,
1. I/we submit the sealed tender for appointment as transport contractor at
FCI Depots at
...............................................................................................................................
2. I/we have thoroughly examined and understood instructions to tender ,
terms and conditions of contract given in the invitation to tender and those contained in
the general conditions to contract and its appendices, and schedules and agree to
abide by them. I/we offer to work on the following rates which includes all taxes, duties, cess etc.: -
From To Rate Per Qtl. (Inclusive)
____________________________________________________________________
3. I/we agree to keep the offer open for acceptance upto and inclusive of
.................................................................................................... and to the extension of
the said date by a fortnight in case it is so decided by the General Manager. I/we shall
be bound by communication of acceptance of the offer dispatched with in the time and
I/we also agree that if the date up to which the offer would remain open be declared a
holiday for the Corpor ation the offer will remain open for acceptance till the next
working day.
4. Demand draft No. ......................................... dated ...........................................
on the state Bank of India for Rs. ............................................................ Rupees
...................................................................................................... is enclosed as
earnest money. In the event of my / our tender being accepted, I / We agr ee to furnish a
security deposit as follow (her e indicate the manner in which security is deemed to be
furnished).
5. I / We do hereby declare that the entries made in the tender and
appendices/schedules attached there in are true and also that I/We shall be bound by
the act of my /our duly constituted attorney Shri
.................................................................................................... whose signature
is appended here to in the space as specified for the purpose and of any other person
who in future may be appointed by me /us in his stead to carry on the business of the
concern, whether any intimation of such change is given to the GM, FCI or not.
6. The following documents are enclosed along with this tender No.
........................................................ dated .................................................. duly filled
and signd :-
(a) Document - I .....................................................................................
(b) Document - II .....................................................................................
(c) Document - III .....................................................................................
(d) Document - IV .....................................................................................
Yours faithfully
Signature of constituted Attorney
(Signature of Tenderer)
Name, Date of Birth and Address of Attorney
Name ...................................................................
Addr ess ...............................................................
Signature of witness with date
.........................................................................................................................
Name .............................................................................
& Addr ess of witness.
Here paste the coupon or receipt in case tender is supplied on payment..
ANNEXURE - I
FOOD CORPORATION OF INDIA
TECHNICAL BID
FINANCIAL SOUNDNESS AND
BUSINESS COMPETENCY DATA
OF
ROAD & TRANSPORT CONTRACTOR
FOR
RAILWAY SIDING AND FCI DEPOT
(i) Terms and conditions (signed under seal)
(ii) List of documents enclosed (only as per instr uctions given
in Sr. No.6) Yes/No
Document No.
1. Certified copy of Partnership deed/Articles of Association/
Memorandum of Association/ By- laws etc. as applicable Yes/No
2. Certificate Registration Yes/No
3. Authorization letter Yes/No
4. Certificate of experience for preceding three years Yes/No
5. Letter from the bank on credit/limits enjoyed Yes/No
6. Bank Statement for the last 6 months from Banker (s) Yes/No
7. Solvency Certificate Yes/No
8. Latest Income tax clearance certificate |
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9. Duly audited P&L account of preceding three year s | If applicable
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10. Duly audited Balance sheet of preceding three years |
11. List of trucks owned with zerox copies of R.C. Books Yes/No
iii) TECHNICAL EXPERTISE
1) WORK EXPERIENCE: for preceding two years.
(Enclose experience certificate for r ake handling & transportation duly obtained from
Manufacturer/Handling agency/Govt. Deptt./PSU/Public Ltd. Company dealing in
fertilizers, foodgrains, cement or similar products, other wise work experience will not be
considered. The tenderer should have executed in the immediately preceding two years
transport contracts, the total value of which is not less than 50% of the value of the
contract to be awarded or the tenderer should have executed in the immediately
preceding two years any single contract, the value of which is not less than 25% of the
value of contr act to be awarded.)
Document No. 1
S. NO. Name of the Contract period Contract period Contract Value of
Client served period Contract
Executed
(Rs.)
2. Whether your firm/company is blacklisted by FCI or any other
Public Sector/ Govt./Quasi-Govt. Organization/ any other client. Yes/No
3. Whether your contract was terminated before expiry of Contr act
period or Security Deposit/EMD forfeited by FCI or any other public
sector/Govt./Quasi-Govt. Organization/any other client. Yes/No
4. Whether proprietor/partner/Director (as applicable) has been prosecuted
by any judicial court for any cr iminal breach of trust. Yes/No
5. DETAILS OF SISTER CONCERNS
(a) Name & Address
(b) Activities engaged in by Sister Concern
(c) Names, addr ess & Telephone Nos. of Proprietors/Directors/
Partners of Sister Concern.
Not e:
(i) The blacklisted parties by FCI or Govt./Quasi Govt. Organization will not be qualified.
(ii) The parties whose EMD is forfeited by FCI will not be qualified.
(iii) FCI reserves the right not to consider parties having any dispute with FCI in order to
protect its inter est.
IV. FINANCIAL SOUNDNESS :
1. Name of bankers, addresses &
- 25 -
Telephone Nos.
2. Details of credit limits/facilities enjoyed
(Please give certificate from the Bank)
Document No. 2
Sl. No. Name of the Bank Type of Credit Amount of Credit
(i.e. C/C, O/D etc.) Limit sanctioned
(Rs.)
3. Details of solvency of the Firms as assessed by bank : -
Amount of Credit Amount of Solvency Date of Solvency
Limit sanctioned (Rs.) Certificate (Rs.) Certificate
(Please give solvency certificate from the Bank giving the amount issued not earlier than
three months from the date of application.
Document No. 3
4. Income Tax PAN Number of the Firm _____________________________.
Documents No. 4
5. Details of Balance Sheet of the Fir m for the preceding three years.
(Please enclose copies for the preceding three financial year s (duly audited)
Document No. 5
6. Profit & Loss Account Statement for the preceding three years.
Document No. 6
Details of immovable property owned by Firm/Proprietor/Director/Partners .
Sr. no. Type of Property Identification No. Owned in the name Present Value (Rs.)
with address
OR
DECLARATION
I/We hereby solemnly declare that I/We Proprietor/Director /Partner/Fir m do not own any
property.
(Signature & Seal)
(Authorized Signatory)
(Strike off whichever is not applicable)
List of Partners/ Directors
Sl. No. Full Name of the Partner/ Director
1
2
3
4
5
6
7
8
9
10
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