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REQUEST FOR PROPOSAL (RFP)
FOR SELECTION OF
JOINT VENTURE PARTNER(S)
FOR
BIHAR INTEGRATED CHILD DEVELOPMENT SERVICES SOCIETY
FOR
ESTABLISHMENT OF MANUFACTURING UNIT
AND
MANUFACTURE AND DELIVERY OF
MICRONUTRIENT FORTIFIED ENERGY DENSE FOOD (MFEDF)
RFP NO: PR No. 12668(Welfare)16-17
February, 2017
State Mission Director
Bihar Integrated Child Development Services Society
(BICDSS)
Indira Bhawan, 2nd Floor,
Ram Charitra Singh Path,
Bailey Road, Patna,
Bihar - 800001
Ph: 0612 – 2457341
Email: [email protected] / [email protected]
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TABLE OF CONTENTS
S. NO. PARTICULARS PAGE NO.
I DISCLAIMER AND CONFIDENTIALITY 3
A GLOSSARY AND DEFINITIONS 4
1 INTRODUCTION 10
2 BRIEF DESCRIPTION OF RFP (REQUEST FOR PROPOSAL) PROCESS 11
3 DOCUMENTS REQUIRED TO BE SUBMITTED ALONG WITH PROPOSAL
12
4 ELIGIBILITY CRITERIA 16
5 INTRUCTIONS TO PROPOSERS 18
6 PREPRATION AND SUBMISISON OF PROPOSALS 22
7 PROPOSAL SECURITY OR EMD 25
8 SPECIAL INSTRUCTIONS 26
9 EVALUATION PROCESS 27
10 PROCESS AFTER IDENTIFICATION OF SELECTED PROPOSER(s) 28
11 SAILIENT FEATURES OF JV COMPANY 28
12 VALIDITY OF SHAREHOLDER AGREEMENT (SHA) 29
13 ROLES AND RESPONSIBILITIES OF SELECTED PROPOSER AND BICDSS
29
14 CONTACTS DURING OFFER EVALUATION PROCESS 30
15 FRADULENT PRACTICIES AND CORRUPT PRACTICIES 30
16 MISCELLANEOUS 31
17 TERMINATION OF AGREEMENT 33
18 FORCE MAJEURE 33
ANNEXURE – A TECHNICAL SPECIFICATIONS 34
APPENDIX – I DETAILED SCOPE OF WORK FOR THE JV PARTNER AND BICDSS 41
APPENDIX – II COVERING LETTER 46
APPENDIX – III PROPOSAL FORM 47
APPENDIX – IV FORMAT FOR POWER OF ATTORNEY FOR PROPOSAL SIGNATORY 50
APPENDIX – V FORMAT FOR PROPOSAL AFFIDAVIT 51
APPENDIX – VI FORMAT FOR PROPOSAL UNDERTAKING 53
APPENDIX – VII
FORMAT FOR ANTI-COLLUSION CERTIFICATE 54
APPENDIX – VIII
FORMAT FOR BANK GUARANTEE FOR PROPOSAL SECURITY / EMD 55
APPENDIX – IX NOC / RESOLUTION / CONSENT DOCUMENTS REQUIRED TO BE ATTACHED BY THE PROPOSER
58
APPENDIX – X FORMAT FOR FINANCIAL STATEMENT FOR THE LAST THREE AUDITED FINANCIAL YEARS
59
APPENDIX – XI FORMAT FOR BANK GUARANTEE FOR SECURITY DEPOSIT 62
APPENDIX – XII.A
PROFORMA FOR QUOTING RATES FOR RECIPES OF MFEDF ITEMS FOR ALL THE CATEGORIES OF BENEFICIARIES WITH NFSA / BPL PRICE
65
APPENDIX – XII.B
PROFORMA FOR QUOTING RATES FOR RECIPES OF MFEDF ITEMS FOR ALL THE CATEGORIES OF BENEFICIARIES WITHOUT NFSA / BPL PRICE
66
APPENDIX – XIII
WEIGHTAGE FOR EVALUATION OF PROPOSAL(s) 67
3
DISCLAIMER & CONFIDENTIALITY
1. The information contained in this Request for Proposal (“the RFP”) document or
subsequently provided to Applicant(s) / Proposer(s), whether verbally or in
documentary or any other form by or on behalf of Bihar Integrated Child Development
Services Society (BICDSS) or any of their employees or advisors, is provided to
Proposer(s) on the terms and conditions set out in this RFP and such other terms and
conditions subject to which such information is provided.
2. This RFP may not be appropriate for all persons, and it is not possible for BICDSS, its
employees and advisors to consider the investment objectives, financial situation and
particular needs of each party who reads or uses this RFP.
3. BICDSS may in its absolute discretion at any time, but without being under any
obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFP. BICDSS may also withdraw or cancel this RFP at
any time without assigning any reasons thereof.
4. The issue of this RFP does not imply that BICDSS is bound to select a Proposer or to
appoint the Selected Proposer or Selected Applicant, as the case may be, to be a Joint
Venture Partner. BICDSS reserves the right to reject all or any of the Proposal or
Proposals without assigning any reason whatsoever.
5. The Proposer shall bear all its costs associated with or relating to the preparation and
submission of its Proposal including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which
may be required by BICDSS or any other costs incurred in connection with or relating
to its Proposal. All such costs and expenses will remain with the Proposer and BICDSS
shall not be liable in any manner whatsoever for the same or for any other costs or
other expenses incurred by a Proposer in preparation or submission of the Proposal,
regardless of the conduct or outcome of the RFP Process.
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A. GLOSSARY AND DEFINITIONS
S. No. Particulars Definition
A.1 Proposal
The Technical and Financial Proposal having all
the documents required under this RFP
including, but not limited to, information in
prescribed format, required documents,
certificates, prescribed affidavits, Detail Project
Report (DPR) and other documents required for
fulfilling the eligibility criteria.
A.2 Applicant(s) / Proposer(s)
An Individual / Proprietor / Partnership / Co-
operative Society / Corporation / Government
Undertaking / Company registered under
Companies Act 1956 / 2013 itself or its
subsidiary / holding or any other legal entity,
who have submitted proposal against this RFP.
A.3 Proposal Documents
The documents, affidavits, samples, test
reports, etc. as required under this RFP, to be
submitted alongwith proposal and including but
not limited to all the documents for
substantiating claim of Proposer for fulfilment of
its eligibility criteria. The documents submitted
should be legible and should be properly
indexed.
A.4 Proposal Due Date / Last
Date of Submission On 28th February 2017 upto 15:00 HRS
A.5 Proposal Security or EMD
FDR / Bank Guarantee issued by any
Nationalized or Scheduled Bank, in the format
prescribed under Appendix - VIII, for
Rs. 10,00,00,000/- (Rupees Ten Crores only).
A.6 RFP Process
The process of inviting RFP, receipt of
proposals, evaluation of proposals, online
verification, testing of samples (A.41) as per
Product Specifications (A.27), selection of
qualified Proposer, execution of Agreement
(A.9) and SHA (A.35), including but not limited
to all the activities relating to selection of
Selected Proposer against this RFP.
A.7 Proposal Validity Period 180 days from the Proposal Due Date (A.4)
A.8 Eligibility Criteria As defined in Clause - 4.
A.9 Agreement
The Agreement to be executed between
BICDSS and Selected Proposer(s). It will be
provided to the selected proposer(s)
subsequently for establishing manufacturing unit
in the State of Bihar and manufacture & supply
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of MFEDF Items.
A.10 Letter of Award /
Acceptance (LoA)
A Letter of Award / Acceptance (LoA) to be
issued to the selected proposer(s)
subsequently.
A.11 Equity Participation
An equity participation in proposed JV Company
between BICDSS and Selected Proposer in the
ratio of 30:70 respectively (i.e. 30% of BICDSS
and 70% of Selected Proposer).
A.12 Responsive Proposal A proposal, which is fulfilling all the condition and
criteria, prescribed under this RFP.
A.13 Non Responsive
Proposal
A proposal, which is not fulfilling any one or all of
the condition and criteria, prescribed under this
RFP.
A.14 Technically Qualified
Proposer(s)
The Proposer(s), who has / have submitted all
the required documents against this RFP and
conforming all the conditions and criteria
prescribed under this RFP and which after in
depth evaluation has been found suitable by
Proposal Evaluation Committee for further
consideration in the process for the selection of
proposer.
A.15 Selected Proposer(s)
The Proposer, who has been selected by the
Proposal Evaluation Committee (A.21) after final
evaluation shall be issued LoA (A.10).
A.16 BICDSS Bihar Integrated Child Development Services
Society, Government of Bihar.
A.17 DSW Department of Social Welfare, Government of
Bihar.
A.18 Beneficiaries
Present beneficiaries being children 6 months to
3 years, severely malnourished children 6
months to 3 years, pregnant women, lactating
mothers and adolescent girls under ICDS and
SABLA Schemes and / or any other
beneficiaries as may be included by Ministry of
Women and Child Development, Government of
India or DSW from time to time.
A.19 National Food Security
Act (NFSA)
National Food Security Act, 2013 (No. 20 of
2013) as amended from time to time.
A.20 Supplementary Nutrition
Rules
Supplementary Nutrition (under the Integrated
Child Development Services Scheme) Rules,
2015 notified under National Food Security Act,
2013 and as approved by Ministry of Women
and Child Development (MoWCD), Government
of India and amended from time to time.
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A.21 Proposal Evaluation
Committee
Committee constituted by the BICDSS / DSW for
evaluation of Proposals submitted by the
Proposers against this RFP.
A.22 Shelf Life
The Shelf Life of the Micronutrient Fortified
Energy Dense Food Items when packed (A.23)
should not be less than 90 days from the date of
manufacturing.
A.23
Micronutrient Fortified
Energy Dense Food
(MFEDF) Items
MFEDF Items means Ready to Cook / Ready to
Eat Food items to be provided as THR as
specified by the Ministry of Women and Child
Development, Government of India under
Revised Nutritional and Feeding Norms issued
on 24/02/2009 or as amended from time to time
by MoWCD. It should be prepared without using
any preservative. During the manufacturing
process, it should be fortified as per MoWCD,
NFSA and FSSAI guidelines with essential
micronutrients as per specifications provided
(A.27). The MFEDF Items do not require any
further processing / extensive cooking or
addition of any raw material before distribution
among the beneficiaries.
A.24 Products / Recipes
MFEDF Items should conform to the guidelines /
norms issued by the Government of India with
regard to the Nutritional Norms. However, the
same shall be subject to change / modification
as per acceptability and palatability among the
beneficiaries. MFEDF items shall be
manufactured without use of any color,
preservatives and should also conform to the
A.25 and A.27.
A.25 Roasting / Extrusion
Cooking Process
Process for manufacturing of MFEDF Items
through Roasting / Extrusion cooking process.
A.26 Manufacturing Unit
The manufacturing unit should have fully
automated manufacturing facility for
manufacturing and delivery of MFEDF Items as
prescribed under Annexure - A. During
manufacturing processes use of human hands
should be avoided as desired under order
issued by Hon’ble Supreme Court Order in its
judgement dated 19.08.2011 in the case of
Shagun Mahila Udhyogik Sahkari Sanstha
Maryadit.
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A.27 Product Specifications
MFEDF Items as prescribed under A.23 & A.24,
which has been manufactured by process
prescribed under clause A.25 and should fully
comply with the guidelines / norms issued by
the Ministry of Women & Child Development,
Government of India and should also conform to
technical specifications provided under
Annexure – A.
A.28 Take Home Ration (THR)
As defined under National Food Security Act,
2013 and Revised Nutritional & Feeding Norms
dated 24.02.2009 issued by Ministry of Women
and Child Development, Government of India.
THR should be given in the form palatable to the
beneficiary and is seen as food exclusively
consumed by the beneficiary instead of entire
family.
A.29 Adjusted Tangible Net
Worth
Net Worth (Capital + Reserves) minus
Intangible Assets and Investments in group /
associate concerns.
A.30 Annual Production
Capacity
Production Capacity of Manufacturing Unit for
Manufacturing of MFEDF Items with process
and method prescribed under A.25 meeting with
the Product Specifications as per A.27 and to be
calculated as TPH x 22 x 300 (Ton Per Hour x
22 hrs. in a day x 300 days in a year).
A.31 Delivery Destination
ICDS Project Godowns or at other specified
Godowns / Locations at Block Level in the State
of Bihar.
A.32 Security Deposit
FDR / Bank Guarantee issued by any
Nationalized or Scheduled Bank, in the format
prescribed under Appendix - XI, for
Rs. 25,00,00,000/- (Rupees Twenty-Five Crores
only)
A.33 Joint Venture (JV)
Company
Company incorporated by the Selected JV
Partner and BICDSS in the State of Bihar
A.34 Infrastructure
Infrastructure include manufacturing unit for
manufacture of MFEDF Items and should
include in-house laboratory (with all necessary
equipment), fortification equipment, packing
unit, separate Godowns for storage of raw
material & finished products, sufficient power
supply / backup, RO Plant, office, roads and
drainage and arrangement of necessary
logistics to complete the supply chain up to the
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ICDS Project Godowns or at other specified
Godowns / Locations at Block Level. The
infrastructure should be in conformity with the
existing rule & regulations of State and Central
Government and as amended from time to time.
A.35 Shareholder Agreement
(SHA)
The Shareholder Agreement (SHA) to be
executed between BICDSS, JV Company and
Selected Proposer
A.36
Due Date for
Establishment of
Manufacturing Unit
18 Months from the date of incorporation of
proposed JV Company after issuance of LoA
(A.10).
A.37 Date of Commencement
of Supplies
Commencement of manufacturing and
supplying of MFEDF (A.23) within two months
from the date of execution of the Agreement
(A.9).
A.38 Last Three Financial
Years 2013-14, 2014-15 and 2015-16
A.39 Turnover
Turnover achieved from manufacturing and
supplying of MFEDF (A.23) against the order
placed in its own name issued by the
Department of Women and Child Development /
Social Welfare Department of any State / UT
Government under ICDS and / SABLA Scheme
shall only be considered. The turnover achieved
by trading of MFEDF shall be excluded.
Turnover from business operations would
exclude all non-recurring receipts / income such
as income from sale of fixed assets, income
from sale of investments, income from sale of
products other than MFEDF (A.23) and other
non-business incomes.
A.40 Open Market Sale of MFEDF items to public at large whether
in India or abroad.
A.41 Sample Submission
2 Samples of each type of MFEDF Item (A.24)
for each category of beneficiary containing 1 Kg
in sealed pouch, as per the Product
Specification (A.27).
A.42 Standard Operating
Procedure
Process of Testing of Samples of MFEDF,
specified and provided by the DSW and has
been provided in Appendix - I under section
Quality Control and Inspection against
parameters provided under Annexure - A.
A.43 Detailed Project Report
(DPR) A DPR is to be submitted by the Proposer having assumptions, presumptions, capital
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structure, type of share capital, ratio, secured loans, unsecured loans, working capital, means of finance, production capacity proposed to be installed, proposed recipes, dividend, expected turnover, etc. Technical knowhow, machinery and equipment, land, operation facilities, maintenance facilities, technical assistance, source of raw material, manpower, power & fuel, administrative expenses, overheads, transportation, etc.
A.44 RFP Document Fee RFP Document Fee of Rs 25,000/- (Rupees
Twenty-Five Thousand Only)
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1. INTRODUCTION
The Bihar Integrated Child Development Services Society (BICDSS) was set up in 2015
under the Societies Registration Act, 1860, acts as a facilitator and nodal agency for
implementation of various Social Welfare Schemes of Government of Bihar and
Government of India.
The basic objective of BICDSS is to work as facilitator and nodal agency for
implementation of ICDS and SABLA Schemes in the State of Bihar.
1.1 The Government of Bihar has identified BICDSS for implementation of
Supplementary Nutrition Programme (SNP) under which Micronutrient Fortified
Energy Dense Food (MFEDF) as Take Home Ration (THR) shall be distributed to
various categories of beneficiaries, in accordance with the norms / guidelines
issued by Ministry of Women & Child Development, Government of India and
orders of Hon’ble Supreme Court.
The BICDSS intends to select technically and financially sound JV Partner(s) for
manufacturing and supplying of MFEDF (A.23 and A.24) under ICDS and SABLA
Schemes, as per the Product Specifications provided under A.27. The BICDSS
intends to establish manufacturing unit(s) under Joint Venture through 30:70 equity
participation between BICDSS and Selected JV Partner respectively. The BICDSS
shall subscribe equity upto Rs. 10,00,00,000/- (Rupees Ten Crore Only) for each
JV to be established.
The JV Partner shall be responsible for the day to day operations and
management of the JV Company and shall be responsible for manufacturing and
supplying of MFEDF upto ICDS Project Godowns or at other specified Godowns /
Locations at Block Level, in accordance with the provisions of the Agreement (A.9)
to be executed between BICDSS and Selected Proposer(s). The Agreement shall
set forth the detailed terms and conditions including the scope of the Selected
Proposer’s services and obligations.
The detailed scope of work for the Selected Proposer is provided under
APPENDIX I – DETAILED SCOPE OF WORK FOR THE JV PARTNER AND
BICDSS.
The statements and explanations contained in this RFP are intended to provide a
proper understanding to the Proposers about the subject matter of this RFP and
should not be construed or interpreted as limiting in any way or manner the scope
of services and obligations of the Selected Proposer(s) detailed under APPENDIX I
– DETAILED SCOPE OF WORK FOR THE JV PARTNER AND BICDSS or
BICDSS’s right to amend, alter, change, supplement or clarify the scope of work,
the Joint Venture to be formed pursuant to this RFP or the terms thereof contained
herein. Consequently, any omissions, conflicts or contradictions in this RFP are to
be noted, interpreted and applied appropriately to give effect to this intent, and no
claims on that account shall be entertained by the BICDSS.
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2. BRIEF DESCRIPTION OF RFP PROCESS
2.1 For the selection of JV Partner, BICDSS has adopted a Two Bid System for RFP
Process (referred to as the "RFP Process"). The Proposer(s) are requested to
submit their Proposal pursuant to this RFP in accordance with the terms and
conditions set forth in this RFP document, all the Volumes, Appendices,
Corrigendum and Addenda thereof issued by the BICDSS as part of this RFP
Process (collectively the "RFP Documents"), as modified, altered, amended and
clarified from time to time by the BICDSS. All Proposals shall be prepared and
submitted in accordance with the such terms and conditions. The Proposals shall
be valid for a period of 180 days from the Proposal Due Date (the “Proposal
Validity Period”). The BICDSS reserves the right to reject the Proposal which
does not meet this requirement. Any further extension of the Proposal Validity
Period shall be with the consent of the Proposers. Further details of the process
to be followed during the RFP Process and the terms thereof are spelt out in this
RFP.
2.2 The Proposer shall meet the Eligibility Criteria as specified in Clause-4.
2.3 The Proposer shall be required to establish Manufacturing Unit (as per A.26 and
Annexure - A) having requisite Infrastructure (A.34) for manufacturing of MFEDF
(A.23 and A.24) under the proposed JV Company within Due Date for
Establishment of Manufacturing Unit (A.36). All the facilities and Infrastructure
(A.34) should have been located in a single Premise. The proposed JV Company
shall commence production from the manufacturing unit to be established in the
State of Bihar and ensure manufacture and supply of MFEDF items within a
period of 18 months from the date of execution of Agreement. However, the
Selected Proposer shall commence the manufacturing and supplying the MFEDF
items (A.23) from manufacturing unit owned by it and / or any of its subsidiary /
holding company within two months from the date of execution of the Agreement
(A.9).
2.4 Any queries or request for additional information regarding this RFP shall be
submitted in writing or by e-mail till 15th February 2017 by 17:00 HRS, thereafter
no request for any additional information or query shall be entertained by the
BICDSS.
2.5 The BICDSS shall endeavor to adhere to the following proposal schedule:
EVENT DESCRIPTION DATE
Period for Sale / Download of RFP
Document
From 3rd February 2017
10:00 HRS to 27th February
2017 upto 17:00 HRS from
the Office of State Mission
Director, BICDSS. RFP
document can also be
downloaded from
www.icdsbih.gov.in /
www.socialwelfare.bih.nic.in
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3. DOCUMENTS (A.3) REQUIRED TO BE SUBMITTED ALONG WITH PROPOSAL
A. TECHNICAL PROPOSAL (PART – I)
Following documents should be submitted in Technical Proposal:
3.1 Covering Letter, as per Appendix - II.
3.2 Prescribed Proposal Form, as per Appendix - III.
3.3 Power of Attorney for Proposal Signatory, as per Appendix - IV.
3.4 Duly Notarized Affidavit, strictly as prescribed under Appendix - V.
3.5 Proposal Undertaking, as prescribed under Appendix - VI.
3.6 Duly filled in format of Anti-collusion certificate, as prescribed under Appendix -
VII.
3.7 RFP Document Fee of Rs. 25,000/- (Rupees Twenty-Five Thousand Only) (A.48)
in the form of Demand Draft in favor of “Bihar Integrated Child Development
Services Society” payable at Patna, which is non-refundable, in case, the
Proposer has purchased the RFP Document from the office of BICDSS, he shall
enclose Purchase Receipt else the Proposer shall enclose DD as stated above.
3.8 Proposal Security / EMD (A.5) in the form of FDR / Bank Guarantee, strictly as
per the format prescribed under Appendix - VIII.
3.9 RFP document duly signed and stamped on each page as an acceptance of
terms and conditions of this RFP.
3.10 Self-Certified copy of Registration Certificate, in case of Proprietorship / copy of
Registration Certificate and Registered Partnership Deed, in case of Partnership /
Incorporation Certificate and Memorandum of Article & Association, in case of a
Company / Registration Certificate and Bye-laws, in case of a Co-operative
Society or any other documents for substantiating claim of proposal of having any
legal entity.
3.11 Proposer shall submit 2 (two) Samples (1 Kg each) for each recipe of MFEDF (2
variants of recipes for 4 categories of beneficiaries) alongwith product profile
containing information in respect of ingredients, composition, nutritive value,
micronutrient fortification, manufacturing process, process loss, microbiological
specifications, serving size, method of preparation & consumption, packing size,
packing specifications and any other relevant information.
3.12 Analysis Test Reports indicating the composition of each recipe of MFEDF and
calories, protein per 100 g, Shelf Life Report and Micronutrients Premix Analysis
Last Date and Time for Submission of
Proposals along with all supporting
documents and Samples (“the
Proposal Due Date”)
28th February, 2017 upto
15:00 HRS
Date and Time for Opening of
Technical Proposal containing
Proposal Security / EMD and Technical
Documents
28th February, 2017 at 16:00
HRS
Opening of Financial Proposal of the
Technically Qualified Proposers only
To be notified later
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Report of each type of MFEDF issued by National Accreditation Board for Testing
and Calibration Laboratories (NABL) accredited Laboratory.
3.13 Audited Balance Sheet for last three financial years i.e. 2013-14, 2014-15 and
2015-16.
3.14 Financial Statement, in prescribed format as per Appendix - X, duly certified by a
Chartered Accountant, who has audited the Balance Sheet.
3.15 Proposer must furnish a list of machineries installed in his premises and a latest
certificate from a Chartered Engineer registered with the Institution of Engineers
(India), stating that the machineries are sufficient to meet the production
requirement of MFEDF Items and also stating that the machineries can
effectively perform for a further period of 2 years. The certificate shall also clearly
indicate the installed capacity of such machinery.
3.16 Production Capacity Certificate issued by competent authority of State / Central
Government.
3.17 The documents for the manufacturing unit(s) from where the proposer shall
manufacture and supply MFEDF Items till the time JV Company’s manufacturing
unit is established within the State of Bihar.
3.18 Copies of all the following statutory licenses, continuously valid for last three
financial years (2013-14, 2014-15 and 2015-16):
i. Factory Act License
ii. DIC / SIA Registration Certificate
iii. VAT and CST Registration
iv. License under FSSAI
v. PAN Card
vi. Consent to Operate issued by the respective State Pollution Control Board
3.19 ISO 22000:2005 Certification.
3.20 List of laboratory equipment’s available at in-house Laboratory.
3.21 No Dues Certificate up to the end of preceding month of date of publication of
this RFP Document from the Commercial Tax Department from all the States /
UTs where Proposer is registered.
3.22 Certificate regarding Annual Turnover of manufacturing and supplying of
Micronutrient Fortified Energy Dense Food (MFEDF) items (A.23) against the
order placed in Proposer’s name by the Department of Women and Child
Development / Social Welfare Department of any State / UT Government under
ICDS and / or SABLA Schemes in each of the last three financial years i.e. 2013-
14, 2014-15 and 2015-16.
3.23 Certificate regarding past performance of the proposer during the last three
financial years i.e. 2013-14, 2014-15 and 2015-16 from all the States / UTs
where the proposer has executed any Agreement for the manufacture and supply
of MFEDF items against the order placed in Proposer’s name by the Department
of Women and Child Development / Social Welfare Department of any State / UT
Government under ICDS and / or SABLA Schemes.
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B. FINANCIAL PROPOSAL (PART – II)
Proposer shall submit:
B.1 Detailed Project Report (DPR) duly appraised by a Practicing Chartered
Accountant comprising of following details:
i. Background of Promoters
ii. Installed Capacity
iii. Land & Building
iv. Details of Plant and Machinery
v. Manufacturing Process
vi. Product Formulation (Composition, Nutritive Values, Process Loss,
etc.)
vii. Raw Material Availability
viii. Staff and Labor
ix. Power and Fuel
x. Other Infrastructure Facility
xi. Banking Arrangement
xii. Break Even Point
xiii. Assessment and Arrangement of Working Capital
xiv. Cost of Project and Means of Finance
xv. Capital Structure Amount in Rs to be subscribed by both the Parties
xvi. Project Cost Per Metric Ton
xvii. Conclusion of the Appraising Chartered Accountant
DPR shall be prepared on following assumptions and presumptions:
i. JV Company to be incorporated shall have Equity Participation in the
Ratio of 30:70 between the BICDSS and the Selected Proposer
respectively. The BICDSS shall subscribe Equity up to Rs
10,00,00,000/- (Rupees Ten Crore Only) per JV Company. The
Proposer shall have to prepare and submit their Financial Proposals
accordingly.
ii. Manufacturing Unit to be established under Joint Venture shall be in
accordance with detailed specifications provided under Annexure – A
of this RFP document. Proposers shall consider all the specifications
of the manufacturing unit and applicable rules and regulations
applicable for establishment of manufacturing unit in the State of
Bihar.
iii. The District-wise details of various categories of beneficiaries is
provided in this RFP document (Annexure - A); proposers shall
access the requirement of MFEDF Items as per recipes to be
proposed by them and submit their proposals accordingly. The
Proposers may submit the Financial Proposal for the total
requirement or lesser quantity.
B.2 The Proposer shall offer rates for manufacture and supply of MFEDF Items
15
for each category of beneficiary in the following manner for the manufacture
and supply of MFEDF Items:
i. If the required quantities of Wheat, Rice and Maize including process
loss are allotted to proposer at NFSA / BPL price under ICDS /
SABLA Scheme (Appendix – XII.A) and,
ii. If the required quantity of all raw material are to be procured by the
proposer himself from open market (Appendix – XII.B).
iii. The Proposer not offering Rates of MFEDF Item for each category of
beneficiary, proposal(s) of such Proposer(s) shall be liable to be
rejected.
The Proposer(s) shall offer rates considering:
i. The rate in Rupees per Beneficiary per Day for manufacture and
delivery of MFEDF Items in desired pouch (700 – 1000 g) packing up
to the ICDS Project Godowns in the State should be inclusive of cost
of raw material, processing, packing, cost of micronutrient
fortification, freight, VAT, excise duty, cess, levies, other taxes and
other incidental charges, etc. However applicable VAT, excise duty,
levies, cess and other taxes & charges, etc. should be indicated
separately in percentage (%) applicable at the time of delivery.
ii. Proposers are required to offer 2 (two) variants of recipes for each
category of beneficiary, however the Proposer shall offer SINGLE
RATE for both the variants of recipe for each category of beneficiary
as specified under Appendix – I, Para - 10.
iii. The Proposer not offering Rates of MFEDF Item for each category of
beneficiary, proposal(s) of such Proposer(s) shall be liable to be
rejected.
iv. The Proposer shall note that while offering Rate under Option-(i)
above (Appendix – XII.A), there could be probable disruption in the
supply of food grains. In such event, with a view to avoid probable
interruption in the supply of MFEDF Items in the State, the selected
proposer / JV Company shall procure above food grains at its own
cost in order to provide continuous supply of MFEDF.
v. In case of Nutritional and / or Financial Norms are revised by Ministry
of Women and Child Development, Government of India, the MFEDF
recipes / ingredients of all / any recipe(s) may be changed / modified
accordingly. The increase / decrease in the Rates of such changed /
modified Recipe(s) of MFEDF shall be decided by a Committee
constituted by BICDSS / DSW.
vi. The BICDSS / DSW reserves the right to select the recipes of
MFEDF for each category of beneficiary as proposed by selected
proposer(s). Further, the BICDSS / DSW may change / modify the
Recipe(s) of MFEDF to enhance the acceptability / palatability among
the beneficiaries with written consent of the JV Company(s) and
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giving sufficient time to equip them to execute the amendments in the
recipe(s). The increase / decrease in the Rates of such changed /
modified Recipe(s) of MFEDF shall be decided by a Committee
constituted by BICDSS / DSW, within the stipulated norms per
beneficiary as decided by the MWCD, GoI.
vii. In case of any increase / decrease in the taxes, VAT, excise duty,
cess, levies or any new tax is imposed by the Central Government or
Government of Bihar after the submission of proposal, the actual
increase or decrease shall be adjusted accordingly subject to
production of notification / document relating to increase / decrease
of applicable taxes.
4. ELIGIBILITY CRITERIA
The invitation to this RFP is open for all the applicant(s) / proposer(s) (A.2) who are legal
entity and original manufacturer and supplier of MFEDF (A.23) and they legally competent to
enter into an Agreement in the State of Bihar. Special Purpose Vehicle (SPV) Companies of
other organizations are permitted to participate in this RFP, if their Share Holders
Agreement have specific provision for them to participate in such RFP’s and permit them to
deploy capital investment in the State of Bihar. The Proposers should meet the following
Eligibility Criteria for submission of the Proposal, in addition to submission of Proposal
Documents as required under Clause - 3. The RFP document should be read as a single
document and no individual interpretation of any Clause shall be permissible. All the
Clauses should have to be read connecting with other Clauses of this RFP.
4.1 The Proposer should have manufactured and supplied MFEDF items (A.23) for
continuously at least for the last three financial years i.e. 2013-14, 2014-15 and
2015-16 against order placed in Proposer’s name by the Department of Women
and Child Development / Social Welfare Department of any State / UT
Government under ICDS and / or SABLA Schemes.
4.2 The Proposers should have all the statutory licenses for manufacturing /
producing and supplying of MFEDF items (A.23), continuously for at least last
three financial years (A.38). The Statutory Licenses include (a) Factory Act
License (b) DIC / SIA Registration Certificate (c) VAT Registration (d) CST
Registration (e) License under FSSAI (f) PAN Card (g) Consent to Operate
issued by the respective State Pollution Control Board.
4.3 The Proposer should have its own operative and functional manufacturing unit
having Roasting / Extrusion Cooking Process for manufacture and supply of
MFEDF items (A.23) as per Product Specifications (A.27). The proposer should
also have an in-house Laboratory equipped with necessary equipment.
4.4 The Annual Production Capacity of the manufacturing unit should not be lesser
than the quantity Proposer has applied for under this RFP. The proposer must
submit a Production Capacity Certificate issued by competent authority of State /
Central Government.
4.5 The manufacturing unit to be established by JV Partner in the State of Bihar shall
exclusively be used for manufacturing and sale / supplies to BICDSS only. The
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BICDSS, on its sole discretion, may require from the proposed JV Company to
sell the products / MFEDF items in or for any other scheme(s), as per production
capacity and the Proposer shall have to abide by the instructions of the BICDSS.
The manufacturing unit to be established would be a dedicated unit for BICDSS
and shall not be permitted to sell MFEDF in the open market under any
circumstances.
4.6 The Proposer shall submit Audited Balance Sheet along with financial statements
(Appendix - X) of last three financial years (A.38). The Audited Balance Sheet
along with financial statements (Appendix - X) should clearly indicate the
Turnover (A.39) of the Proposer from manufacture and sale of MFEDF Items
(A.23). In case, the Audited Balance Sheets are carrying the required details,
even then, the Proposer shall submit required details in the separate format
attached as Appendix - X to this RFP, duly certified by the Chartered Accountant,
who has audited the balance sheet of the Proposer for respective Financial Year.
4.7 The minimum eligibility criteria of proposer are as under:
S. No. Criteria Minimum
Requirement
1.
Annual Turnover (in amount) from
manufacturing and sale of MFEDF (A.23)
during each of the last Three Financial Years
in amount (i.e. 2013-14, 2014-15 and 2015-
16)
At least
Rs. 200
Crores
2.
Average Annual Production (in quantity) from
manufacturing and sale of MFEDF (A.23)
during last Three Financial Years (i.e. 2013-
14, 2014-15 and 2015-16)
At least
50,000
MT
3.
Annual Average Adjustable Tangible Net
Worth for Last Three Financial Years (i.e.
2013-14, 2014-15 and 2015-16)
Minimum
Rs. 50
Crores
Explanatory Note:
4.7.1 Turnover (A.39) should include only manufacture and supply of MFEDF
(A.23).
4.7.2 Turnover from business operations would exclude all non-recurring receipts
/ income such as income from sale of fixed assets, income from sale of
investments, income from sale of products other than MFEDF (A.23), and
other non-business income etc.
4.7.3 The turnover achieved by trading of MFEDF or manufacture and supply of
semi-finished / semi-processed MFEDF Items shall be excluded from the
turnover.
4.7.4 Adjusted Tangible Net Worth would be worked out as: Net Worth (Capital +
Reserves) minus Intangible Assets and Investments in group / associate
concerns.
4.7.5 Total outside liabilities will include secured loans, unsecured loans and all
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current liabilities and provisions. In other words, apart from Capital and
Reserves, all other liabilities would constitute as ‘outside liabilities’.
4.7.6 20% relaxation in terms of Annual Turnover and Average Annual Production
Quantity as mentioned under Eligibility Criteria (Clause No – 4.7-1 and 4.7-
2), shall be given to the Proposer(s) having their own functional and
operative manufacturing unit within the State of Bihar and registered as SSI
unit with the Department of Industries, Government of Bihar. The proposers
shall submit IEM – II and other documentary evidence to claim such
relaxation.
4.7.7 The Proposer must be profit making concern since last three financial years
(2013-14, 2014-15 and 2015-16) as per its Audited Balance Sheet.
4.8 The Proposer should submit undertaking regarding commencement of
manufacturing and supplying the MFEDF (Clause A.23) from manufacturing unit
owned by it and / or any of its subsidiary / holding company within two months
from the date of execution of the Agreement (Clause A.9) and within a period 18
months proposer shall establish manufacturing unit within the State of Bihar as per
standards and specification prescribed in this RFP, failing which the EMD /
Security Deposit of the Proposer would be forfeited.
4.9 The Proposer itself and its associate company, associate concern, associate firm,
related parties, group companies shall have never been foreclosed / debarred /
disqualified / suspended / discontinuance of supply by Central Government / any
State Government / any Government Department / Government Organization /
Government Undertakings / Government Federations / Corporation Government
Agency / Local Authority.
4.10 Proposal Security / EMD and / or Security Deposit of the Proposer itself and its
associate company, associate concern, associate firm, related parties, group
companies shall have never been forfeited by Central Government / any State
Government / any Government Department / Government Organization /
Government Undertakings / Government Federations / Corporation Government
Agency / Local Authority.
5. INSTRUCTIONS TO PROPOSERS IN GENERAL
5.1 GENERAL TERMS OF PROPOSAL
5.1.1 Proposers shall submit their Proposal in accordance with the instructions and
terms & conditions set forth in this RFP. In order to promote consistency
among Proposals and minimize potential misunderstandings regarding
interpretation of Proposals by BICDSS, the format in which Proposers have to
specify the fundamental aspects of their Proposal have been broadly outlined
in this RFP.
5.1.2 Submission of Proposal in response to this RFP shall follow Two Bid System
i.e. “Technical Proposal” and “Financial Proposal” as indicated below:
i. Technical Proposal (PART – I) should include RFP Document
Fee, EMD, General Documents, Recipes and Samples alongwith
Analytical Test Report, Shelf Life Test Report and Micronutrient
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Premix Analysis Report, eligibility documents and duly signed &
stamped RFP document and other documents / credential /
affidavit, etc. as required under this RFP.
ii. Financial Proposal (PART – II) shall include Detailed Project Report
(DPR) duly appraised by a Practicing Chartered Accountant and
Rates for manufacture and supply of MFEDF Items as per Annexure
– XII.A and Annexure – XII.B).
5.1.3 Conditional Proposal submitted by the proposer shall be liable for rejection
as a Non-Responsive Proposal.
5.1.4 In case during evaluation process, it comes to the notice of the Proposal
Evaluation Committee that Rates for the manufacture and supply of
MFEDF Items are disclosed in the Technical Proposal or elsewhere except
the Financial Cover, such Proposals shall be liable for rejection as a Non-
Responsive Proposal.
5.1.5 The Proposal and all communications in relation to or concerning the
proposal documents and the Proposal shall be in English language.
5.1.6 The Proposal Documents including this RFP and all attached documents
are and shall remain the property of BICDSS and are issued to the
Proposers solely for the purpose of preparation and submission of the
Proposal in accordance herewith. Proposers shall treat all information as
strictly confidential and not use it for any purpose other than for preparation
and submission of their Proposal. The Proposal and any information
provided therewith by the Proposer within the Proposal Due Date shall
become the property of BICDSS and BICDSS shall not return the same to
any Proposer. The Proposal and information provided by the Proposer shall
be treated as business secrete and would not be disclosed to anyone.
5.1.7 This RFP along with its Appendices is not transferable.
5.1.8 Any award pursuant to this RFP shall be subject to the terms of the RFP
Documents.
5.2 COST OF PROPOSAL
The Proposers shall be responsible for all costs associated with preparation of their
Proposals and their participation in the RFP Process. BICDSS will not be
responsible or in any way liable for such costs, regardless of the conduct or
outcome of the RFP Process.
5.3 VERIFICATION OF INFORMATION
5.3.1 It shall be deemed that by submitting a Proposal, the Proposer has:
i. made a complete and careful examination of the RFP Documents -
failure to comply with the requirements of the RFP shall be at the
Proposer’s risk;
ii. received all relevant information requested from BICDSS;
iii. acknowledged and accepted the risk of inadequacy, error or
mistake in the information provided in the Proposal Documents;
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iv. satisfied itself about all matters, things and information necessary
and required for submitting Proposal and performance of all of its
obligations there under;
v. acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Proposal shall not be a
basis for any claim for compensation, damages, extension of time
for performance of its obligations, loss of profits, etc from BICDSS,
or a ground for termination of the Agreement; and
vi. agreed to be bound by the undertakings provided by it under and in
terms hereof.
5.3.2 BICDSS shall not be liable for any omission, mistake or error on the part of
the Proposer in respect of any of the above or on account of any matter
arising out of or concerning or relating to RFP, the RFP Documents or the
RFP Process, including any error or mistake therein or in any information or
data given by BICDSS. In case of any dispute with the proposer, the
interpretation given by BICDSS shall be final and binding on the Proposers.
5.4 RIGHT TO ACCEPT OR REJECT ANY OR ALL PROPOSALS
5.4.1 Notwithstanding anything contained in this RFP, BICDSS reserves the right
to accept or reject any Proposal, and to annul the RFP Process, and reject
all Proposals, at any time without any liability or any obligation for such
acceptance, rejection or annulment, and without assigning any reasons
thereof.
5.4.2 The BICDSS reserves the right to reject any Proposal and appropriate the
Proposal Security / EMD and en-cash the FDR / Bank Guarantee as per the
provisions of Clause 7.4.
5.4.3 Any misrepresentation / improper response shall lead to the disqualification
of the Proposer. If such disqualification / rejection occurs after the Proposals
have been opened and the Selected Proposer gets disqualified / rejected,
then BICDSS reserves the right to:
i. invite the remaining Technically Qualified Proposers for negotiation;
ii. take any such measure as may be deemed fit at the sole Discretion
of BICDSS, including annulment of the RFP Process; and
iii. appropriate the Proposal Security / EMD in the event of any
misrepresentation by the Proposer(s) or false claims.
5.4.4 In case it is found during evaluation or at any time before signing of the
Agreement or after its execution and during the period of subsistence
thereof, that one or more of the Eligibility Criteria have not been met by the
Proposer or the Proposer has made material misrepresentation or has given
any materially incorrect or false information,
i. The Selected Proposer(s) shall be disqualified forthwith if not yet
appointed by issue of Letter of Award (“LoA”).
ii. If the Selected Proposer has already been issued the LoA and the
Selected Proposer(s) has entered into the Agreement / Shareholder
21
Agreement with BICDSS, the Agreement / Shareholder Agreement
will be terminated, by a communication in writing by BICDSS to the
Selected Proposer.
iii. In such an event, BICDSS shall appropriate the EMD / Security
Deposit without prejudice to any other right or remedy that may be
available to BICDSS under this RFP or law.
5.4.5 The BICDSS reserves the right to verify all statements, information and
documents submitted by the Proposer in response to the RFP or the RFP
Documents and ask for clarification / additional information. Failure of
BICDSS to undertake such verification shall not relieve the Proposer of its
obligations or liabilities hereunder nor will it affects any rights of BICDSS
there under.
5.5 CLARIFICATIONS
5.5.1 To facilitate evaluation of Proposals, BICDSS may, at its sole discretion,
seek clarifications in writing from any Proposer regarding its Proposal. The
request for such clarifications or substantiation and the response shall be in
writing or by facsimile / email. No material change in the Proposal would be
permitted by way of such clarification / substantiation submitted by the
Proposer.
5.5.2 However, BICDSS reserves the right not to respond to any question or
provide any clarification or consider any amendment(s) suggested by the
Proposer(s), in its sole discretion, and nothing in this Clause shall be taken
or read as compelling or requiring BICDSS to respond to any question or to
provide any clarification or consider any amendment suggested by the
Proposer(s).
5.5.3 BICDSS may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Proposers. All clarifications and
interpretations issued by BICDSS shall be deemed to be part of the RFP
Documents. Verbal clarifications and information given by BICDSS or its
employees or representatives shall not in any way or manner be binding on
BICDSS.
5.5.4 Proposers may note that subject to the provisions of Clause 5.5.3 above,
BICDSS will not entertain any deviations to the RFP at the time of
submission of Proposals or thereafter. Proposal to be submitted by the
Proposer shall be unconditional and the Proposer would be deemed to have
accepted the terms and conditions of this RFP and all its contents. Any
conditional Proposal shall be regarded as Non-Responsive and would be
liable for rejection.
5.6 AMENDMENT IN RFP DOCUMENT
5.6.1 At any time prior to the Proposal Due Date, BICDSS may, for any reason,
whether at its own initiative or in response to clarifications requested by a
Proposer, may issue clarification by issuance of Corrigendum or modify the
22
RFP by the issuance of Addendum.
5.6.2 Any Corrigendum / Addendum thus issued shall be binding upon all
Proposers.
5.6.3 In order to afford the Proposers a reasonable time for taking into account
the contents of any Corrigendum / Addendum, or for any other reason,
BICDSS may, at its own discretion, extend the Proposal Due Date by an
appropriate period.
6. PREPARATION AND SUBMISSION OF PROPOSALS
6.1 CONTENT, FORMAT, SIGNING AND SUBMISSION OF PROPOSALS
6.1.1 The Proposer(s) shall submit all documents, samples, etc. as required in
this RFP in prescribed format well before the last date and time of
submission of Proposal. Proposals which are not submitted by the last date
and time of submission or in prescribed format shall be summarily rejected.
Any conditional Proposals shall also be rejected during the evaluation of the
Proposals. The Proposals have to be submitted in physical form by Post /
Speed Post / Courier only within time limit as specified.
6.1.2 Proposer(s) shall provide all information as per this RFP and in the specified
format with proper indexing. BICDSS will evaluate only those Proposals that
are received in the required formats and are complete in all respects.
6.1.3 The Proposals shall be typed or written in indelible ink and signed by the
authorized signatory of the Proposer who shall also sign each page of RFP
documents. All alterations, omissions, additions or any other amendments
made to the Proposal shall be signed by the person(s) signing the Proposal.
6.1.4 Each Proposal shall be submitted in two separate sealed covers as
specified in Clause 5.1.2 above, with each sealed cover containing
documents / information as detailed in Clause - 3.
6.2 SEALING AND MARKING OF PROPOSALS
6.2.1 The Proposer shall seal Technical and Financial Proposals duly marked as
“TECHNICAL PROPOSAL” and “FINANCIAL PROPOSAL” in an outer
cover which shall be sealed and marked as “PROPOSAL FOR
SELECTION OF JOINT VENTURE PARTNER FOR BICDSS”.
6.2.2 All covers, both inner and outer must be super scribed with the following
information:
i. RFP No.____________
ii. Name and Address of the Proposer
iii. Contact Person with Contact details – phone, fax no. and email
address.
6.2.3 The covers shall be addressed to:
Attn. of
State Mission Director,
Bihar Integrated Child Development Services Society,
Indira Bhawan, 2nd Floor,
23
Ram Charitra Singh Path,
Bailey Road, Patna,
Bihar – 800001
6.2.4 If the covers are not sealed and marked as instructed above, BICDSS
assumes no responsibility for misplacement or premature opening of the
contents of the Proposals submitted and such Proposals – at the sole
discretion of BICDSS – may be deemed to be non-responsive and hence,
would be liable for rejection.
6.2.5 Proposer shall submit the Proposal by Post / Speed Post / Courier, so as
to reach the designated address by the Proposal Due Date and Time.
BICDSS shall not be responsible for any delay in submission of the
Proposals. Any Proposals received by BICDSS after the Proposal Due
Date and Time shall not be opened. Proposals submitted by fax, telex,
telegram or e-mail shall not be entertained and shall be rejected.
6.2.6 This RFP document can be accessed / downloaded from website
www.icdsbih.gov.in / www.socialwelfare.bih.nic.in. The proposer shall
have to submit the RFP Document Fee along with the Technical
documents in the Technical Proposal, if downloaded from the above
website or else Proposer may purchase the RFP document on payment of
Rs 25,000/- in form of DD in favor of “Bihar Integrated Child Development
Services Society” payable at Patna from the office of BICDSS on all
working days till the last date and time for the sale of RFP document as
prescribed in this RFP document.
6.3 MODIFICATIONS / SUBSTITUTION / WITHDRAWAL OF PROPOSALS
6.3.1 The Proposer may withdraw its Proposal after submission, provided that
written notice of the withdrawal is received by BICDSS prior to Proposal
Due Date and Time. No Proposal shall be withdrawn by the Proposer
after the Proposal Due Date and Time.
6.3.2 The withdrawal notice shall be prepared, sealed, marked, and delivered to
BICDSS before the Proposal Due Date, with the covers being additionally
marked “WITHDRAWAL”.
6.3.3 Any substitution / alteration / modification in the Proposal or additional
information supplied subsequent to the submission of the proposal or after
Proposal Due Date, unless the same has been expressly sought for by
BICDSS, shall be disregarded.
6.4 REJECTION OF PROPOSALS
6.4.1 BICDSS reserves the right to accept or reject all or any of the Proposals
without assigning any reason whatsoever. It is not obligatory for BICDSS
to accept any Proposal or to give any reasons for their decision.
6.4.2 BICDSS reserves the right not to proceed with the RFP Process at any
time, without notice or liability, and to reject any Proposal without
assigning any reasons.
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6.5 VALIDITY OF PROPOSALS
The validity of the Proposal shall be as mentioned in Clause 2.1.
6.6 PROPOSAL OPENING
6.6.1 The BICDSS reserves the right to reject any Proposal not submitted on
specified due date and time and which does not contain the information /
documents as set out under Clause 3.
6.6.2 The Proposal Evaluation Committee shall first ensure that RFP Document Fee
and Proposal Security / EMD has been properly furnished by the proposers.
6.6.3 The Proposal Evaluation Committee would thereafter check the other
documents of the Technical Proposals, only for Proposers who have
submitted RFP Document Fee and Proposal Security / EMD as prescribed
under Clause A.5.
6.6.4 The documents in Technical Proposal shall be evaluated & scrutinized to
determine Responsiveness of the Proposals.
6.6.5 The Financial Proposal shall only be opened for Technically Qualified
Proposals.
6.6.6 Proposal Evaluation Committee reserves the right to inspect the existing
manufacturing unit of the Proposer(s), if Committee considers it
necessary, before taking a decision on the Technical Proposal(s).
6.7 LANGUAGE OF RPF
The Proposal and all related correspondence and documents should be in the
English language only. Supporting documents and printed literature furnished with
the Proposal may be in any other language provided that they are accompanied by
appropriate translations of the said document in the English language. Supporting
materials, which are not translated into English, may not be considered. For the
purpose of interpretation and evaluation of the Proposal, the English language
translation shall prevail.
6.8 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation and
recommendation for the Proposer(s) shall not be disclosed to any person who is not
officially concerned with this RFP Process or is not a professional advisor advising
BICDSS in relation to or matters arising out of or concerning this RFP Process.
BICDSS shall treat all information, submitted as part of the Proposal, in confidence
and shall require all those who have access to such material to treat the same in
confidence. The BICDSS may not divulge any such information unless it is directed
to do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of the statutory entity and /
or BICDSS. The proposal and information provided by the Proposer shall be treated
as business secret and would not be disclosed to anyone.
25
6.9 CORRESPONDENCE WITH THE PROPOSER
The BICDSS shall not entertain any correspondence with any Proposer in relation
to acceptance or rejection of any Proposal.
7. PROPOSAL SECURITY OR EMD
7.1 Each Proposal shall be accompanied by a Proposal Security or EMD, amounting
to Rs. 10,00,00,000/- (Rupees Ten Crores only). The Proposal Security / EMD
shall be valid for the 180 (One Hundred Eighty) days from the Date of Opening of
Technical Proposals, and may be extended as per the directions of BICDSS from
time to time. The Proposal shall be summarily rejected if it is not accompanied by
the Proposal Security / EMD. The Proposal Security / EMD must be paid by way
of an FDR / Bank Guarantee in favor of “Bihar Integrated Child Development
Services Society” from any Nationalized or Scheduled Bank. The format of the
Bank Guarantee is provided in APPENDIX - VIII – FORMAT FOR BANK
GUARANTEE FOR PROPOSAL SECURITY / EMD.
7.2 The Proposal Security / EMD of other Proposers would be returned on
acceptance of the Proposal and issuance of LoA to the Selected Proposer or
when the RFP Process is cancelled by BICDSS.
7.3 The BICDSS shall be entitled to appropriate the Proposal Security / EMD and en-
cash the FDR / Bank Guarantee on occurrence of any of the events specified in
this RFP including those specified in Clause 7.4 herein below and any related
clauses in the Agreement. The Proposer, by submitting its Proposal pursuant to
this RFP, would be deemed to have acknowledged and confirmed that BICDSS
will suffer loss and damage on account of withdrawal of its Proposal or for any
other default by the Proposer during the Proposal Validity Period. No relaxation on
the Proposal Security / EMD shall be given to any Proposer.
7.4 The Proposal Security / EMD shall be appropriated by BICDSS without prejudice
to any other right or remedy that may be available to BICDSS hereunder or
otherwise, under the following conditions:
i. if a Proposer engages in Corrupt Practices, Fraudulent Practices, Coercive
Practices, Undesirable Practices or Restrictive Practices as specified in
Clause 13 of this RFP;
ii. if a Proposer modifies or withdraws its Proposal except as provided in
Clause 6.3,
iii. if a Proposer withdraws its Proposal during the interval between the
Proposal Due Date and expiration of Proposal Validity Period;
iv. if any information or document furnished by the Proposer is found by
BICDSS to be misrepresenting, misleading, fabricated, incorrect or untrue
respect;
v. if any of the clause / word of prescribed affidavit is found incorrect /
misleading or modified/amended;
vi. in the case of Selected Proposer, if it fails within the specified time limit:
a. to accept the LoA; and / or
b. to sign the Agreement / Shareholder Agreement; and / or
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8. SPECIAL INSTRUCTIONS
8.1 The Proposal (and any additional information requested subsequently) shall bear
the signature of the Authorized Signatory of the Proposer and stamp of the entity
thereof on each page of the Proposal.
8.2 The Proposer shall also submit, alongwith their Proposal, a copy of this RFP
bearing the signature of the Authorized Signatory of the Proposer and stamp of the
entity thereof on each page of these documents i.e. RFP. This shall indicate that
the Proposer agrees to all terms & conditions specified in the RFP.
8.3 Proposals, that are incomplete in any respect or those that are not consistent with
the requirements as specified in this RFP or those that do not contain the required
information as per the specified formats shall be considered Non-responsive and
are liable for rejection.
8.4 Strict adherence to formats, wherever specified, is required. Non-adherence to
formats may be a ground for declaring the Proposal Non-responsive.
8.5 All communication and information should be provided in writing and in the English
language only.
8.6 All communication and information provided should be legible, and wherever the
information is given in figures, the same should also be mentioned in words. In
case of conflict between amounts stated in figures and words, the amount written
in words will be taken as correct.
8.7 No change in or supplementary information to a Proposal shall be accepted after
the Proposal Due Date and Time. However, BICDSS reserves the right to seek
additional information from the Proposer(s), if found necessary, during the course
of evaluation of the Proposal. In case of non-submission, incomplete submission or
delayed submission of such additional information or clarifications sought by
BICDSS, within stipulated time. The Proposal would be evaluated solely on the
basis of available information.
8.8 The Proposals shall be evaluated as per the criteria specified in this RFP.
However, within the broad framework of the evaluation parameters as stated in the
RFP, BICDSS reserves the right to make modifications to the stated evaluation
criteria, which would be uniformly applied, to all Proposers.
8.9 Proposers are advised that their Proposals be completely devoid of any conditions,
whatsoever. Conditional Proposals shall be rejected.
8.10 BICDSS reserves the right to reject any or all of the Proposals without assigning
any reason whatsoever.
8.11 BICDSS also reserves the right to withdraw the RFP Process at its discretion
under intimation to the Proposers submitting the Proposals, without assigning any
reasons for the same.
8.12 BICDSS reserves the right to vet and verify any or all information submitted by the
Proposers.
8.13 Notwithstanding anything stated in this RFP, if any claim made or information
provided by the Proposer in the Proposal or any information provided by the
Proposer in response to any subsequent query by BICDSS, is found to be
incorrect or is a material misrepresentation of facts, then the Proposal will be liable
27
for rejection and Proposal Security / EMD shall be forfeited in that case.
8.14 The Proposer shall be responsible for all costs associated with the preparation and
submission of its Proposal. BICDSS shall not be responsible in any way for such
costs, regardless of the conduct or outcome of the RFP Process.
9. EVALUATION PROCESS
9.1 Originals of all the documents required to be attached with the Technical
Proposal must be available with the Proposer / Authorized Representative at the
time of opening of Technical Proposal for verification, if required.
9.2 The Proposals shall be evaluated strictly in accordance with the terms and
conditions specified in this RFP Document.
9.3 The BICDSS reserves the right to reject one or more bid without assigning any
reason for the same.
9.4 Proposal(s) with any condition imposed by the Proposer, shall be liable to be
rejected.
9.5 The Proposal Security / EMD of unsuccessful proposer(s) will be returned after
Letter of Award to the selected proposer(s).
9.6 The Technical Proposals shall be evaluated first. The Proposal Evaluation
Committee or any Officer Authorized by the Evaluation Committee reserves the
right to inspect the existing manufacturing unit of the Proposer(s), if Committee
considers it necessary, before taking a decision on the Technical Proposal(s).
9.7 The Financial Proposal(s) of only those Proposer(s) who qualify in the Technical
Proposal shall be opened and which shall be intimated to the Technically
Qualified Proposer(s).
9.8 The Proposal Evaluation Committee shall evaluate all technically qualified
proposals on the basis of Rates Offered by the Proposer(s) (by using NFSA /
BPL Raw Material), Project Cost per Metric Ton (MT) and Capital to be
subscribed by BICDSS, Proposer’s Credentials and Past Performance taken into
consideration for final selection of proposals.
For deciding lowest rates, rates offered by the proposer(s) (Annexure – XII.A) for
particular category of beneficiary shall be multiplied by (x) total no. of particular
category of beneficiary and sum of the total price calculated as above shall be
taken into consideration. Rates inclusive of various applicable taxes, duties etc.
will be considered. The State Mission Director, BICDSS shall have right to
negotiate.
9.9 The DSW / State Mission Director, BICDSS reserves the right to negotiate to
award the work to more than one proposer and in such case quantities
depending upon remaining quantity of MFEDF Items after agreeing to award the
work to L-1 (Lowest Proposer), provided the Proposer(s) other than L-1 accept
the rate quoted by L-1. The un-allotted quantity will first be offered to L-2 and
then L-3 and likewise.
Explanation for the purpose of this clause:
(i) L -1 means Lowest Proposer;
(ii) L-2 means the Proposer who has offered the rate next higher than the
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rate of L-1; and
(iii) L-3 means the Proposer who has offered the rate next higher than the
rate of L-2.
9.10 However the proposers for Joint Venture (JV) would basically be selected based
on a weightage system which would include other factors besides rate, as
enclosed at Appendix- XIII as suitable to the requirements of BICDSS.
10. PROCESS AFTER IDENTIFICATION OF SELECTED PROPOSER(S)
10.1 In the event of acceptance of the Proposal of Selected Proposer, BICDSS shall
notify the Selected Proposer through a Letter of Award (the “LoA”) (to be issued in
duplicate) that its offer has been accepted subject to all the provisions of this RFP.
10.2 The Selected Proposer shall within 15 (Fifteen) working days of the receipt of the
LoA, sign and return the duplicate copy of the LoA in acknowledgement thereof. In
the event the duplicate copy of the LoA duly signed by the Selected Proposer is
not received by the stipulated date, BICDSS may, unless it consents to extend of
time for submission thereof, appropriate the Proposal Security / EMD and en-cash
the FDR / Bank Guarantee of such Selected Proposer.
10.3 Each Selected Proposer(s) shall have to furnish Security Deposit amounting to Rs.
25,00,00,000/- (Rupees Twenty-Five Crores only) within 30 (thirty) working days
from the date of receipt of the LoA. Security Deposit in favor of “Bihar Integrated
Child Development Services Society” is acceptable only in the form of FDR / Bank
Guarantee issued by a Nationalized or Scheduled Bank in the form as prescribed
in Appendix - XI of this RFP Document within 30 (thirty) working days from the
date of receipt of the LoA. The FDR / Bank Guarantee should be valid for all
transactions during the minimum period of 126 (One Hundred Twenty-Six) months
from the date of Agreement. In case the Selected Proposer(s) fails to furnish the
Security Deposit within the stipulated period, then the Proposal Security / EMD of
such proposer will be forfeited and LoA issued to him shall be cancelled.
10.4 After furnishing of Security Deposit, an Agreement shall be executed between the
Selected Proposer and BICDSS. EMD shall be refunded to the Selected
Proposer(s). In case the Selected Proposer does not sign / refuse to execute the
Agreement, then the Proposal Security / EMD of such proposer will be forfeited
and LoA issued to him shall be cancelled.
10.5 After execution of the Agreement, the Selected Proposer and BICDSS shall
incorporate a JV Company and subsequently a Shareholder Agreement shall be
executed between the BICDSS, JV Company and Selected Proposer. If the
Selected Proposer is a Partnership Firm, then the Partners of the said Firm may
opt to subscribe the Share Capital of the JV Company in any ratio by all the
Partners / any Partner, within the overall ceiling limit of 70% of the equity of the JV
firm.
11. SAILIENT FEATURE OF JV COMPANY
11.1 Selected Proposer shall incorporate a JV Company under the Companies Act,
1956 / 2013 and the registered office of the company shall be in the State of Bihar.
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Name of the Proposed JV Company shall be decided by BICDSS and Selected
Proposer. Memorandum and Articles of Association of the JV Company shall be
made incorporating the terms of the JV Agreement / SHA and consistent with the
provisions of the Act Companies Act, into the MoA of the JV company.
11.2 The Equity Share Holding of the JV Company is 30:70 between BICDSS and
selected proposer respectively. The BICDSS shall subscribe up to
Rs. 10,00,00,000 (Rupees Ten Crores only) in the ratio of 30:70. The above
Shareholding pattern shall be maintained during currency of Joint Venture
Agreement and SHA.
11.3 The JV Company shall allot (Number of Shares) Equity Shares of Rs. (value of
share) each (equal to 30 %) to the BICDSS, The JV Company shall allot shares to
the Parties proportionately so as to always maintain the shareholding pattern in the
above ratio.
11.4 The BICDSS shall only procure above determined % Paid-Up Share in JV
Company and shall not contribute any additional capital investment / working
capital in JV Company. The JV Company shall be responsible for all the financial
arrangement whether it be capital investment or working capital. The BICDSS shall
not provide any guarantee for the loan, if any, taken by JV Company.
11.5 The day to day management of the JV Company shall always rest with selected
proposer(s) / JV Partner.
11.6 The BICSS shall be entitled to nominate one (1) Director and Selected Proposer
shall be entitled to nominate two (2) Directors on the Board of Directors of the JV
Company.
11.7 Chairman of the Board shall be nominated by Selected Proposer, the Chairman
shall have a second and casting vote.
11.8 The Cost of Project for establishment of MFEDF manufacturing unit, shall be
determined on the basis of DPR submitted by the proposer and Selected Proposer
shall be responsible for all investment as mentioned in DPR its own / business
associates resources or finance from FIs.
11.9 The JV Company may raise loans from business associates / NBFI / FIs for
creation of assets and / or working capital as required. However, rate of Interest
cannot be higher than lending interest rate of SBI. DSW / BICDSS or its nominee
Director(s) shall not give any guarantee for any loan which may be taken by the JV
Company.
12. VALIDITY OF SHAREHOLDER AGREEMENT (SHA)
The SHA shall remain in force for a period of 10 (Ten) years from the date of execution of
Agreement. The validity may be extended for a further period of 5 years on mutual
consent of the parties of the SHA subject to same terms & conditions and the Selected
Proposer(s) shall be required to extend the validity of Security Deposit accordingly.
13. ROLES & RESPONSIBILITIES OF THE SELECTED PROPOSER AND BICDSS
The details of the roles and responsibilities of Selected Proposer(s) and BICDSS are as
detailed out in APPENDIX I – DETAILED SCOPE OF WORK FOR THE SELECTED
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PRIVATE PARTNER AND BICDSS.
14. CONTACTS DURING OFFER EVALUATION PROCESS
Proposals shall be deemed to be under consideration immediately after they are opened
and until such time BICDSS makes official intimation of Award / Rejection to the Proposers.
While the Proposals are under consideration, Proposer and / or their representatives or
other interested parties are advised to refrain from contacting by any means, BICDSS and /
or their employees / representatives on matters related to the offers under consideration.
15. FRAUDULENT PRACTICES AND CORRUPT PRACTICES
15.1 The Proposers and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the RFP Process and subsequent to
the issue of the LoA and during the subsistence of the SHA. Notwithstanding
anything to the contrary contained herein, or in the LoA or the SHA, BICDSS shall
reject a Proposal, withdraw the LoA, or terminate the Agreement / SHA, as the case
may be, without being liable in any manner whatsoever to the Selected Proposer or
Qualified Proposer, as the case may be, if it determines that the Selected Proposer
or Qualified Proposer, as the case may be, has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the RFP Process. In such an event,
BICDSS shall forfeit and appropriate the Proposal Security / EMD as mutually
agreed genuine pre-estimated compensation and damages payable to BICDSS
towards, inter alia, time, cost and effort of BICDSS, without prejudice to any other
right or remedy that may be available to BICDSS hereunder or otherwise.
15.2 Without prejudice to the rights of BICDSS hereinabove and the rights and remedies
which BICDSS may have under the LoA or the Agreement / SHA, if a Selected
Proposer or Qualified Proposer, as the case may be, is found by BICDSS to have
directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice during the RFP Process, or after the issue of the LoA or the execution of
the Agreement / SHA, such Selected Proposer or Qualified Proposer shall not be
eligible to participate in any tender or RFP issued by BICDSS during a period of 2
(two) years from the date such Selected Proposer or Qualified Proposer, as the
case may be, is found by BICDSS to have directly or indirectly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practices, as the case may be.
15.3 For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:
i. “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any person
connected with the RFP Process (for avoidance of doubt, offering of
employment to or employing or engaging in any manner whatsoever, directly
or indirectly, any official of BICDSS who is or has been associated in any
manner, directly or indirectly with the RFP Process or the LoA or has dealt
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with matters concerning the Agreement / SHA or arising there from, before or
after the execution thereof, at any time prior to the expiry of one year from the
date such official resigns or retires from or otherwise ceases to be in the
service of BICDSS, shall be deemed to constitute influencing the actions of a
person connected with the RFP Process); or (ii) engaging in any manner
whatsoever, whether during the RFP Process or after the issue of the LoA or
after the execution of the Agreement / SHA, as the case may be, any person in
respect of any matter relating to the LoA or the Agreement / SHA, who at any
time has been or is a legal, financial or technical adviser of BICDSS in relation
to any matter concerning the Joint Venture;
ii. “Fraudulent Practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
RFP Process;
iii. “Coercive Practice” means impairing or harming, or threatening to impair or
harm, directly or indirectly, any person or property to influence any person’s
participation or action in the RFP Process;
iv. “Undesirable Practice” means (i) establishing contact with any person
connected with or employed or engaged by BICDSS with the objective of
canvassing, lobbying or in any manner influencing or attempting to influence
the RFP Process; or (ii) having a Conflict of Interest; and
v. “Restrictive Practice” means forming a cartel or arriving at any
understanding or arrangement among Proposers with the objective of
restricting or manipulating a full and fair competition in the RFP Process.
16. MISCELLANEOUS
16.1 This RFP Process shall be governed by, and construed in accordance with, the laws
of India and the courts at Patna shall have exclusive jurisdiction over all disputes
arising under, pursuant to and / or in connection with the RFP Process.
16.2 Indemnity
i. The Selected Proposer and JV Company shall at all-time indemnify the
BICDSS against all claims, which may be made in respect of infringement of
any obligation, right under this RFP. The Selected Proposer and JV
Company shall also indemnify the BICDSS against all claims, which may be
made in respect of infringement of any other obligation taken by BICDSS
later on and assigned to JV Company for execution of the same. Provided
always that in the event of any claim in respect of alleged breach of any
obligation, right under this RFP, any other obligation taken by BICDSS later
on, being made against the BICDSS, the BICDSS shall notify the Selected
Proposer and JV Company for the same and the Selected Proposer / JV
Company shall at his own expense either settle any such dispute or conduct
any litigation that may arise therefrom.
ii. The Selected Proposer / JV Company shall not be liable for payment of any
royalty, license fee or other expenses in respect of or for making use of
patents or designs with respect to which it is, according to the terms of the
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Agreement, to be treated as an agent of the Government for the purpose of
making use of the patent or trade mark for fulfilment of the Agreement.
16.3 Settlement of Disputes
In the event of any question, dispute or difference arising under Agreement / SHA
or any dispute in respect of interpretation of any Clause or Conditions of this RFP
or any other obligation undertaken during the currency of Agreement / SHA or
arising under obligation of Agreement / SHA, the same shall be resolved amicably
between BICDSS and Selected Proposer. However, in case of such question,
dispute, difference or dispute in respect of interpretation is not resolved amicably
within 30 days from the commencement of informal negotiation, either party may
resolve the matter to be settled by referring the same for arbitration to the two
arbitrators to be appointed by the BICDSS and Selected Proposer. The arbitrators
shall appoint a presiding arbitrator within a period of one month from the date of
their appointment. The arbitrators shall make their award within a period of four
months or such further extended time as may be decided by them, as the case
may be, with the consent of the parties from the date of entering on the reference.
However, if during the arbitration proceedings, the parties mutually agree,
compromise or compound their disputes, the reference to arbitration and the
appointment of the arbitrators shall be deemed to have been revoked and the
arbitration proceedings shall stand withdrawn or terminated with effect from the
date on which the parties file a joint memorandum of settlement thereof, with the
arbitrators. If, the arbitrators agree among themselves, then their award shall be
final and binding on the parties. If the arbitrators do not agree, then the arbitrators
shall give a notice in writing to the presiding arbitrator stating that they cannot
agree and in such case the presiding arbitrator shall enter on the reference and he
shall make his award within two months of entering of the reference or within such
extended time as the parties may allow. This arbitration shall be deemed to be a
submission to arbitration within the meaning of the Arbitration and Conciliation Act,
1996 or any statutory modification thereof and the provisions of Arbitration and
Conciliation Act, 1996, so far as applicable and as are not inconsistent or
repugnant to the purposes of this reference shall apply to this reference to
arbitration. The award of the arbitrators or the presiding officer, as the case may
be, shall be final and binding on the parties. During the Arbitration proceeding,
both the parties shall continue to perform their respective obligations under the
Agreement unless they otherwise agree.
16.4 The BICDSS, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to; suspend and / or cancel the RFP Process and /
or amend and / or supplement the RFP Process or modify the dates or other terms
and conditions relating thereto;
i. consult with any Proposer in order to receive clarification or further
information;
ii. retain any information and / or evidence submitted to BICDSS by, on behalf
of, and / or in relation to any Proposer; and / or
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iii. independently verify, disqualify, reject and / or accept any and all submissions
or other information and / or evidence submitted by or on behalf of any
Proposer.
16.5 It shall be deemed that by submitting the Proposal, the Proposer agrees and
releases BICDSS, its employees, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and / or performance of any obligations hereunder, pursuant
hereto and / or in connection herewith and waives any and all rights and / or claims
it may have in this respect, whether actual or contingent, whether present or future.
17. TERMINATION OF AGREEMENT
In case of deficiency in quality or undue delay in deliveries of MFEDF Items or
unsatisfactory performance of the Selected Proposer(s) / JV Company or breach of any
terms and conditions mentioned in this RFP or Agreement / SHA to be executed in
pursuance of this RFP Document, the Government may rescind the Agreement and forfeit
of Security Deposit. Such action shall be taken after affording due opportunity of hearing
to the Selected Proposer / JV Company.
18. FORCE MAJEURE
In the event that performance of the Agreement / SHA, in the reasonable opinion of
either party (the BICDSS and Selected Proposer (JV Partner)) is made impossible by
Force Majeure like fire, flood, earthquake or any other natural disaster, blockage of
roads, labor dispute / strike, lockout, embargo, failure of law and order and unusually
severe weather then either party shall so notify the other in writing. If such Force
Majeure circumstances continue for more than three months then either party may
terminate the Agreement, or complete performance of the Agreement with such
adjustments as are required by the existence of the Force Majeure and are agreed
upon by the parties.
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ANNEXURE – A
TECHNICAL SPECIFICATION
A. PRODUCT SPECIFICATIONS
1. MFEDF SPECIFICATION AND PROCESSING INSTRUCTIONS
All the MFEDF Items should be in dry form and energy dense fortified with essential
micronutrients as per specification given below. At the time of delivery, the MFEDF
Items should be fit for human consumption, with a shelf life of at least 90 (ninety) days
from the date of manufacturing.
2 . RECIPES
The proposer shall offer two (2) variants recipes of MFEDF for each category of beneficiary
given below –
i. Children in the age group of 6 months – 3 years
ii. Severely Malnourished Children in the age of 6 months – 6 years
iii. Pregnant and Lactating Women
iv. Adolescent Girls
The proposed recipes of MFEDF Items should conform to the Nutritional and Financial
Norms issued by Ministry of Women and Child Development, Government of India. In
case of Nutritional and / or Financial Norms are revised by Ministry of Women and Child
Development, Government of India, the MFEDF recipes / ingredients of all / any recipe(s)
may be changed / modified accordingly. The BICDSS / DSW reserves the right to select
the recipes of MFEDF for each category of beneficiary as proposed by selected
proposer(s). Further, the BICDSS / DSW may change / modify the Recipe(s) of MFEDF to
enhance the acceptability / palatability among the beneficiaries with written consent of the
JV Company(s) and giving sufficient time to equip them to execute the amendments in
the recipe(s). The increase / decrease in the Rates of such changed / modified Recipe(s)
of MFEDF shall be decided by a Committee constituted by BICDSS / DSW.
3. NUTRITIVE VALUES
a. For Children in the Age Group of 6 months – 3 yrs
Per Serve
Calories (in Kcal) 500
Protein (in g) 12 – 15
b. For Severely Malnourished Children in the age Group of 6 months – 3 yrs
Per Serve Size
Calories (in Kcal) 800
Protein (in g) 20 – 25
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c. For Pregnant and Lactating Women
Per Serve Size
Calories (in Kcal) 600
Protein (in g) 18 - 20
d. For Adolescent Girls
Per Serve Size
Calories (in Kcal) 600
Protein (in g) 18 - 20
e. All MFEDF Items should be manufactured / produced in such a manner that they
can be prepared as under:
i. MFEDF can be prepared by putting it in boiling water or by adding boiling
water / milk in desired amount in MFEDF according to the liking and
taste.
ii. For the beneficiaries of 6 months to 3 years, MFEDF can also be
prepared by the mothers by just adding luke-warm water / milk and mesh
it according to the convenience of children in desired amount.
iii. TASTE: It shall have a pleasant smell and palatable taste.
iv. SHELF LIFE: The shelf life of the MFEDF Items should not be less than 90
days from the date of manufacturing when packed and this shelf life should
hold good in ambient temperature and normal weather conditions. After
opening of the pouch, the MFEDF should be stored in air-tight container
and should be consumed within a fortnight.
v. For providing the prescribed Protein, Calories and Micronutrients as
Supplementary Nutrition, the financial provisions for various beneficiaries
are as under:
S. No. Beneficiary Category Cost Norm per
Beneficiary per
Day (in Rs.)
1 Children in the age group of 6
months – 3 years 6/-
2 Severely Malnourished Children in
the age group of 6 months – 3 years 9/-
3 Pregnant and Lactating Women 7/-
4 Adolescent Girls 5/-
4. Micronutrient Fortification
The Micronutrient Fortified Energy Dense Food (MFEDF) shall be fortified with essential
micronutrients (energy and protein excluded) with 50% of Recommended Dietary
Allowance (RDA) level per beneficiary per day, as indicated in the table below:
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RECOMMENDED DIETARY ALLOWANCES, NUTRIENT INTAKES AND GAPS
Age Group 1-3 Years
Age Group 4-6 Years
Pregnant Women Lactating Women
RDA Intake Gap RDA Intake Gap RDA Intake Gap RDA Intake Gap
Energy (Kcal) 1240 687 553 1690 978 712 2175 1654 521 2425 1852 573
Protein (g) 22 18.6 3.4 30 26.5 3.5 65 45 20 75 46.7 28.3
Iron (mg) 12 4.3 7.7 18 6.8 11.2 38 12 26 30 11.8 18.2
Vitamin A (µg) 400 56 344 400 66 334 600 111 489 950 107 843
Calcium (mg) 400 161 239 400 66 334 1000 352 648 1000 320 680
Thiamin (mg) 0.6 0.4 0.2 0.9 0.6 0.3 1.1 1.0 0.1 1.2 1.2 0
Riboflavin (mg) 0.7 0.3 0.4 1.0 0.3 0.7 1.3 0.5 0.8 1.4 0.6 0.8
Niacin (mg) 8.0 4.7 3.3 11.0 7.4 3.6 14.0 12.4 1.6 16 14.4 1.6
Vitamin C (mg) 30 9 21 40.0 15.0 25 40 26 14 80 28 52
Free Folic Acid (µg)
30 18 12 40 26 14 400 48 352 150 53 97
5. Composition of Micronutrient Premixes should be as per the micronutrients requirement
in the product specification, keeping in view the losses of micronutrients during the
storage period i.e. Shelf life of the product. Micronutrient Premixes with complete
certificate of analysis as well as with a proof of purchase of premixes may be submitted
along with the other documents for payments. Micronutrients premixes must be stored in
a dry, cool and clean place. Uniform mixing of Micronutrients may be ensured with
variation of 10% using Calcium as indicator elements. Each batch of not less than 150
MT of product may be tested for the Calcium content.
6. It shall be compulsory to have automated system for the measurement of the prescribed
micronutrients and also such system for blending of the same, so that the fortification of
the MFEDF is done in such a manner that material accuracy is obtained.
7. The prescribed micronutrients should be sufficiently stable in all MFEDF items under
customary conditions of packing, storage, distribution and use.
8. The essential nutrients should not impart undesirable characteristics to the MFEDF and
should not shorten the shelf-life of the MFEDF.
9. All MFEDF items should be free from rancid and objectionable odor, extraneous matter,
insects, fungus, rodent hair and excreta.
10. The MFEDF items shall be packed in desired packing size. The MFEDF shall be packed
in laminated Low Density Polyethylene (LDPE) pouches manufactured from virgin LDPE
granules and shall conform to food grade quality and such pouches be placed in HDPE
woven bags. The outer bag and liner should be folded together and double stitched closed
after removing air in such a way to protect from deterioration, with the quantity of
micronutrients, date of manufacturing and expiry being indicated clearly on the
package.
11. Selected Proposer(s) / JV Company must have their own in-house testing facilities and
they must ensure batch wise test report before dispatch of MFEDF items regarding
Protein, Calories, Ash, Moisture, Chemical contaminants, Physical conditions e.g.
dryness, softness, uniform consistency and Microbiological analysis.
12. MANUFACTURING INSTRUCTIONS
i. The MFEDF items shall be manufactured from fresh ingredients of good quality,
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which shall be free from foreign materials and substances hazardous to health.
ii. The ingredients and finished products shall comply with Food Safety and
Standards Act, 2006 laws.
iii. The raw material and finished goods must be stored separately under dry,
ventilated and hygienic conditions. The insecticides used for fumigation in storage
area should not be of hazardous nature. The quality of insecticides should be in
compliance with Food Safety and Standards Act, 2006.
B. MANUFACTURING UNIT SPECIFICATIONS
i. PREMISES
a. GENERAL
The layout of the food manufacturing unit must be adapted to the hygienic
requirements of a given process, packaging and storage area. The interior layout
of the unit should be in such a way that the flow of material, personnel, air and
waste can proceed in right direction. The manufacturing unit that produces MFEDF
Items must address following elements: - Training of Processing and Supervisory
personnel, Segregation of raw materials during storage and handling, Validated
cleaning procedures for food contact equipment, Prevention of cross
contamination during processing, Validated storage / cleaning procedures for
finished goods. Sanitation procedure must be developed for all food contact
equipment and food contact surfaces. Manufacturing Unit should have all known
quality systems, control procedures and processing instructions.
Manufacturing Unit should be located in clean and hygienic environment and
should also maintain clean and hygienic environment inside the premises to
prevent the risk of contamination from environment and by the processing and
packaging environment. The manufacturing unit should follow all the GMP
regulations and Food Safety & Management System (ISO 22000:2005 Certified).
The whole premises and Manufacturing facility should be equipped with proper
fire-fighting system. The whole establishment should be well illuminated with
adequate lighting in external and internal area. The establishment should be
equipped with proper lightening arrestor system.
Manufacturing unit should have trained supervisors and workers to ensure that
they have necessary knowledge and expertise in food hygiene, food
Manufacturing, employee’s health and personal hygiene to produce safe and
quality products. Time to time training should be imparted to all the technical
supervisors and workers.
b. ANCILLARY AREA
All the ancillary areas like storage of packing material, power backup, water storage,
power supply, fuel storage area, administrative area, supervisor room, waste
disposal area, sanitation areas and labour area should be properly segregated and
well defined. These areas should be properly maintained under hygienic condition
so as to keep the environment inside the premises clean and to prevent any kind of
cross contamination.
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c. PROCESSING AREA
The Processing area should be designed in such a way to have minimal impact on
either the nutritional or sensory properties of food manufactured. The processing
area should have hygienic processing equipment and hygienic process environment
to prevent microbial, chemical and physical contamination. Processing area should
incorporate hygienic design of food processing facility to prevent development of
pest and microbiological niches and to avoid product contamination by particles
such as glass, dust and iron. The processing area should facilitate cleaning and
sanitation and preserve hygienic condition both during and after maintenance.
d. STORAGE AREA
The layout of Storage area should be in such a manner that all entry / exit must have
controlled access, flow or exit of personnel, raw and finished products. Storage area
should have adequate air circulation, floor drains etc. All the entry and exit of the
storage area should be screened properly to prevent the entry of rats, insects and
birds. All the pathways like electrical wires conduits and air ducts should be
screened and closed properly to prevent the entry of rodents, pests and infestation.
The storage area should be dry, ventilated and free from dampness.
Storage area should have adequate space to store raw material and finished
product as per the requirement. It should have properly segregated and separate
place for keeping all the raw material and finished product.
i. Raw Material / Finished Product
The unit should have adequate and separate raw material / finished product
storage area to ensure smooth and uninterrupted Manufacturing of the
required MFEDF item. All the raw material / finished product should be
stacked properly. The raw material / finished product should be stacked in
such a way so as to provide easy access of the raw material for counting,
cleaning and proper air circulation.
ii. Packing Material
Different kind of packing material should be stacked in respective areas so
as to provide easy access of the packing material for using, counting and
cleaning purpose.
iii. Rejected Goods
All kind of rejected and waste material like rejected raw material, rejected
food item, rejected packing material and rejected plant hardware should be
stored in their assigned areas. Rejected area should be located at a place
where disposal of rejected items can be easily done as and when required
without hampering the different processes in manufacturing facility.
e. WEIGHING AREA
The unit should have proper and defined weighing area to ensure easy access and
exit of vehicles. The weighing machine installed should have adequate capacity as
per the requirement. The weighing machine should be accurate enough to ensure
accurate weighing of incoming and outgoing material.
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f. LOADING / UNLOADING POINTS
The number of loading / unloading docks should be minimal and above ground
level. Loading / unloading points should have smooth and uncluttered slope
surface to encourage water runoff. Area beneath docks should not provide
harbourages for pests, should be paved and should drain adequately. During
loading and unloading to provide protection for raw material and finished product,
docks should be shielded by roof or canopies. To prevent the entry of insects, dock
openings should be provided with plastic strips or air curtains. All the dock
openings should be provided with rolling shutter. Docks should be well illuminated
with external lighting. Ultraviolet light electric grids should be strategically
positioned near docks to attract and kill intruding insects.
g. QUALITY CONTROL AND ASSURANCE
The establishment should have proper Quality Assurance (QA) and Quality Control
(QC) in place to ensure quality of raw material and finished goods. The
establishment should have in-house laboratory to check the quality of raw material
and finished product in terms of quality and infestations. In-house lab should have
adequate equipment to check the nutritive values, physical parameters and
microbiology. In-house lab should have Technically qualified and trained staff to
execute the testing. Proper documentation of SOPs should be in place to ensure
quality of food products manufactured at every stage of manufacturing. BICDSS
would also have the right to get examined any sample of the MFEDF from any
recognised laboratory for full verification.
ii. PLANT AND MACHINERY
Plant and Machinery should consist of machines which can perform the different processes
required for manufacturing of the MFEDF items like feeding, cleaning, grinding, sifting,
roasting / extrusion, blending / mixing and packaging. Process equipment must be
designed from food grade material that are compatible with the food products produced and
the cleaning agents and disinfectants applied to sanitize the Manufacturing environment.
Processing equipment must be hygienically integrated within the factory premises. Plant
and machinery should have adequate / accurate system to deliver and blend micronutrients
in the final product. The processing unit should be fully automated to avoid the use of
human hands in processes like handling, feeding, cleaning, grinding, sifting, roasting /
extrusion, blending / mixing and packaging all of which are done automatically. The
manufacturing unit should have the following plant & machinery of sufficient capacity for
manufacture of MFEDF items:
S. No. Machinery & Equipment
1 Grain Cleaner with aspiration channel for the removal of impurities such as chaff,
mud particles etc.
2 De-stoner for removal of stones & other impurities proper dehulling equipment for
soya bean.
3 Separate storage bins for storing the different raw materials duly cleaned
4 Proper system in place for automatic blending / mixing desired proportions from
the storage bins.
40
5 Conveying system for carrying blended ingredients to grinding machine
6 Grinder / Hammer Mill / Pulverizer for grinding blended grains into grits prior to
extrusion / roasting.
7 Conveyor for carrying clean grinded blended grain grits to extrusion / roasting
machines.
8 Extrusion / Roasting Machine for cooking blended grains.
9 Grain Cooler to cooling extruded / roasted material to ambient temperature
10 Conveyor for carrying cooled extruded / roasted material from cooler to grinder
machine
11 Grinder for grinding cooled extruded / roasted material into flour.
12 Conveyor for carrying milled blended flour from Grinder to Sifter
13 Sifter for shifting grounded flour
14 Grinder for grinding Sugar into powder
15 Automatic blending system for blending of flour and powdered sugar in required
proportions
16 System in place for mixing micronutrients prior to packing (fortification)
17 Automatic Conveying System for conveying final blend mix to finished goods silos
18 Automatic Conveying System to convey finished goods to Form, Fill & Seal
Machine Hoppers
19 Automatic Form, Fill & Seal machines for unit packing of desired size of pouches
as per the required quantity of MFEDF items
20 Sufficient number of weighing scale, bag stitching machines for packing the
desired quantity of finished product pouches in HDPE Bags
21 Aspiration system consisting of blower, cyclone, dust collector, ducting to remove
fine dust particles in the processing hall
22 Magnetic Separators at desired locations for removal of iron particles during
processing and packing
23 Full Power Backup
iii. POWER SUPPLY / BACKUP
The manufacturing unit should have adequate power supply and power backup facilities
for smooth and uninterrupted Manufacturing. Power supply and Power backup area
should be equipped with all safety equipment like fire extinguisher.
iv. GOOD MANUFACTURING PRACTICES (GMP) & GOOD HYGIENE PRACTICES
(GHP)
GMP and GHP to be followed in all the processes like raw material storage, processing
operations, packing operation, finished goods storage so as to prevent cross
contamination and hygiene of the Manufacturing facility.
v. HUMAN RESOURCE
The unit should have qualified and experienced technical staff like plant manager,
supervisor, food technologist, chemist, electrician, foreman, administrative staff to ensure
smooth and uninterrupted operations at the unit. The unit should have sufficient number
of non-technical staff for handling respective activities.
41
APPENDIX - I
DETAILED SCOPE OF WORK FOR JV PARTNER AND BICDSS
1. The BICDSS is facilitator and nodal agency for implementation of various schemes of
Government of Bihar and Government of India. The Government of Bihar has identified
BICDSS for implementation of programme related to supply of MFEDF, in accordance
with the guidelines / norms issued by Ministry of Women and Child Development,
Government of India and various decisions of Supreme Court, to the beneficiaries of
ICDS and SABLA Schemes.
2. It would be limited liability joint venture in between a private party (proposer) and
BICDSS.
3. The execution of the orders, issued by the BICDSS, shall be monitored and ensured
by BICDSS / DSW. The monitoring will extend from quality check and inspection of raw
material, ensuring smooth Manufacturing process, specified packaging, dispatch,
transportation, storage to distribution up to destination (ICDS Project Godowns or at
other specified Godowns / Locations at Block Level).
4. The periodical inspection will also be carried out by BICDSS for smooth implementation
of the scheme, including testing of MFEDF at random intervals from various stocks.
5. The co-ordination in supply chain management will be done by the BICDSS and it should
be ensured that there is no delay in Manufacturing and distribution of product as per
Delivery Instructions.
6. The JV Company shall be responsible for manufacturing and supply of MFEDF Items as
per specifications. All the responsibilities relating to safe delivery of MFEDF Items till
destination will be borne by the JV Company.
7. The BICDSS shall only subscribe 30% Paid-up Share Capital in JV Company (upto Rs
10,00,00,000/- (Rupees Ten Crore Only) for each JV Company) and shall not contribute
any capital investment / working capital in JV Company. The JV Company shall be
responsible for all the financial arrangement whether it be capital investment or working
capital. The BICDSS shall not provide any guarantee for the loan, if any, taken by JV
Company.
8. The JV Company shall be required to set up the manufacturing unit for manufacture the
MFEDF in Bihar within 18 months of the date of signing of Agreement and till such time
the selected proposer shall ensure manufacture and supply of MFEDF items from his /
subsidiary existing manufacturing unit(s).
9. The JV Company shall be responsible for the following work:
i. Lifting and transportation of food grains such as wheat, rice, maize allotted at
NFSA / BPL Price under ICDS / SABLA Scheme by the Government of Bihar from
designated depots of FCI.
ii. Unloading of food grains allotted at NFSA / BPL Price under ICDS / SABLA
Scheme at manufacturing unit.
iii. Procurement of raw materials other than food grains allotted by the Government of
Bihar as per recipe and Micronutrients.
iv. Storage of food grains and other raw material, micronutrients, packing materials.
42
v. Cleaning and grinding of raw materials, mixing of grinded raw materials as per
requirement.
vi. Manufacturing / processing of MFEDF items.
vii. Fortification with required micronutrients,
viii. Final preparation of MFEDF items,
ix. Testing of quality of MFEDF items as per specifications,
x. Packing of the MFEDF items as per packing specifications,
xi. Storage of MFEDF items at manufacturing unit,
xii. Loading of MFEDF items
xiii. Transportation of MFEDF items up to the ICDS Project Godowns or at other
specified Godowns / Locations at Block Level of the respective district,
xiv. Human Resource
xv. Security
xvi. Manufacturing as per specifications provided by the BICDSS / DSW
xvii. Quality control
xviii. Financial arrangement
xix. All legal liabilities in reference to food laws and all other relevant labour law and
other laws of State Government / Central Government.
xx. The JV Company shall conduct time to time survey regarding the acceptability and
palatability of each recipe of MFEDF for different categories of beneficiaries and
submit survey report(s) with BICDSS.
10. The details of each category of beneficiary district-wise is as under:
S.
No.
Name of
District
No. of Beneficiaries
Child
(6 months –
3 years)
Severely
Malnourished Child
(6 month – 3 years)
Pregnant &
Lactating
Women
Adolescent
Girls
1 PATNA 122766 52614 70152 13244
2 NALANDA 72744 31176 41568
3 ROHTAS 73794 31626 42168
4 KAIMUR 37254 15966 21288
5 BUXAR 41986 17994 23992 4528
6 BHOJPUR 60732 26028 34704
7 GAYA 102186 43794 58392 11022
8 JEHANABAD 27174 11646 15528
9 ARAWAL 16436 7044 9392
10 NAWADA 59668 25572 34096
11 AURANGABAD 59234 25386 33848 6367
12 SARAN 97790 41910 55880
13 SIWAN 79604 34116 45488
14 GOPALGANJ 65954 28266 37688
15 MUZAFFARPUR 109718 47022 62696
16 SITAMADHI 80962 34698 46264 8751
17 SEOHAR 15610 6690 8920
18 WEST CHAMPARAN 94584 40536 54048 10242
19 EAST CHAMPARAN 121730 52170 69560
20 VAISHALI 82544 35376 47168 8903
43
21 DARBHANGA 95102 40758 54344
22 MADHUBANI 104762 44898 59864
23 SAMASTIPUR 104944 44976 59968
24 SAHARSA 45584 19536 26048 4944
25 SUPAUL 53662 22998 30664
26 MADHEPURA 54558 23382 31176
27 PURNIA 78484 33636 44848
28 ARARIA 60158 25782 34376
29 KISHANGANJ 45752 19608 26144 5042
30 KATIHAR 76314 32706 43608 8312
31 BHAGALPUR 66150 28350 37800
32 BANKA 49924 21396 28528 5412
33 MUNGHER 36708 15732 20976 3987
34 SHEIKHPURA 15876 6804 9072
35 LAKHUSARAI 26348 11292 15056
36 JAMUI 44702 19158 25544
37 BRGUSARAI 69552 29808 39744
38 KHAGARIA 39746 17034 22712
Total 2490796 1067484 1423312 90754
The Proposer(s) are advised to consider the above details for estimation of quantities of
MFEDF items. However, the requirement of quantity may vary with the change in the
policy of the Government or requirement for distribution of the supplementary nutrition or
due to other Administrative or Financial exigencies.
11. The BICDSS will issue a "Delivery Instructions” (DI) indicating monthly quantity of MFEDF
Items to be delivered at each ICDS Project Godown or at other specified Godowns /
Locations at the block level in the State of Bihar. The DI for a month will be issued by the
State Mission Director, BICDSS to the Office of the JV Company / Selected Proposer by
25th day of preceding month.
12. On issue of the DI, the JV Company / Selected Proposer shall within 10 days commence
delivery of MFEDF Items to the various ICDS Projects in the State of Bihar abiding by the
DI. Failing to deliver the MFEDF Items as per the instructions will make the JV Company /
Selected Proposer liable for deduction as per the provision of this RFP document.
13. QUALITY CONTROL AND INSPECTION
The JV Company shall ensure quality and hygiene standards under Supplementary
Nutrition Programme (SNP) of ICDS & SABLA Scheme provided hereunder:
i. Batch-wise samples will be tested through NABL accredited Labs duly notified
by FSSAI under section 43 of Food Safety and Standard Act, 2006. Thus, testing
of MFEDF being provided as THR shall be done through NABL accredited Labs
duly notified by FSSAI under section 43 of Food Safety and Standard Act, 2006
within the State or out of State, if so required. The cost of the sample testing
will be borne by JV Company / Selected Proposer.
ii. Supply will be initiated only after receipt of the satisfactory reports of in-house
lab.
iii. Samples may be drawn by the representatives of DSW from the manufacturing
unit or storage points or ICDS Project Godowns. The cost of the sample testing will
44
be borne by BICDSS / DSW.
iv. The supply of the entire batch will be cancelled and will be liable to be
replaced in case of sample testing parameters does not conform as per
specifications as per Annexure – A.
v. Testing reports may also be obtained from Food and Nutrition Board, Eastern
Zone under periodic plan in convergence with Food and Nutrition Board. The plan
may be derived and executed for sampling, testing and analysis of reports as well
as necessary action to be taken.
14. PACKING, MARKING INSTRUCTIONS, LABLES AND TRANSPORT
i. The MFEDF shall be packed in an appropriate pouch of 700 g to 1000 g. The
packing size shall be decided by the BICDSS in accordance with the serving size
of MFEDF and no. of feeding days in a month. The design of packing, containing
graphics, logo and color scheme will be provided by the BICDSS.
ii. Packing would ensure sufficient protection of the MFEDF to prevent its damages
or deterioration during transit to their final destination as indicated in the contract.
The packing shall be sufficient to withstand, rough handling during transit and
exposure to sunlight, humidity, salt and precipitation during transit and storage
under normal weather conditions.
iii. The required packing and labeling standards should meet the FOOD SAFETY
AND STANDARDS ACT 2006.
iv. The outer bag should be made up of laminated HDPE woven bag. The bag should
be closed by folding and double stitching; removing as much air as possible.
v. The MFEDFs have to be packed in air tight manner using food grade LDPE
pouch. Each such packet shall contain the weight mentioned on respective
MFEDF pouch. 100% virgin material should be used.
15. DELIVERY
i. The JV Company / Selected Proposer should have the adequate facility of storage
(Godowns) at plant. It shall deliver MFEDFs to each ICDS Project Godowns or at
other specified Godowns / Locations at Block Level as per the DI issued in
accordance.
ii. MFEDFs should reach the ICDS Project Godowns or at other specified Godowns /
Locations at Block Level within maximum delivery period of 50 days from the date
allotment of DI.
iii. The period of 50 days includes Manufacturing, laboratory testing, packing,
transportation and distribution upto ICDS Project Godowns or at other specified
Godowns / Locations at Block Level.
16. PENALTY
i. The product should reach the ICDS Project Godowns or at other specified
Godowns / Locations at Block Level within maximum delivery period of 50 days
from the date of allotment of DI. After completion of 50 days of delivery period,
penalty will be charged @ 1% (one percent) from 57th day up to 80th day. After 80
days, a penalty will be charged @ 2%. Such penalty will be charged for the quantity
delivered late or remains undelivered.
ii. The variation of the final MFEDF with respect to contents of various parameters and
45
specifications prescribed under ANNEXURE - A, shall not be more than ±5%
(numeric value of protein and calorie should not be less than 5% and numeric value
of microbiological and FSSAI parameters should not be more than 5%, as the case
may be) of the prescribed specification using standard analytical techniques. The
micronutrients level in each recipe of MFEDF Items should not be below prescribed
level. MFEDF not meeting this requirement throughout the shelf life is liable for
replacement free of cost at the ultimate destination. The JV Company has to
replace such MFEDF within 30 days from the date of intimation to the JV Company
/ Selected Proposer. If such product has not been replaced within stipulated time
period or consumed meanwhile, then the penalty at 2% (two percent) of total
amount (including all applicable taxes) of quantity of such batches will be charged.
iii. If samples are taken by the Food Safety Officer(s) and declared by Government
Food Analyst as unsafe / sub-standard / misbranded, the JV Company shall be
liable under FSSA, 2006.
17. PAYMENT TERMS
i. JV Company / Selected Proposer will make request for payment to the BICDSS in
writing, accompanied by an invoice describing, as appropriate, the Goods delivered
and the Services performed, and by documents, submitted as given below and
upon fulfillment of other obligations stipulated in the contract.
ii. The JV Company / Selected Proposer will submit bills for the MFEDF Items being
manufactured and delivered in a particular month alongwith test report. The bills
should be attached with receipts signed by the Authorized Officer or staff of the
ICDS Project Office(s).
iii. After scrutiny of the bills and on getting the confirmation from the ICDS Projects, the
designated officers from BICDSS will make payment to the JV Company / Selected
Proposer as soon as possible preferably within one month.
iv. All payments will be made through Account Payee Cheque / Treasury Cheque /
Bank Drafts or as per the new arrangement of chequeless transfer.
v. Tax at source, if applicable, will be deducted from the bills at the prevailing rate and
a certificate will be issued.
vi. The payments will be made as early as possible, preferably within a month after
submission of bills by the JV Company / Selected Proposer.
46
APPENDIX - II
COVERING LETTER
(On the letterhead of the Proposer)
Date:
To
State Mission Director,
Bihar Integrated Child Development Services Society,
Indira Bhawan, 2nd Floor,
Ram Charitra Singh Path,
Bailey Road, Patna,
Bihar - 800001
Dear Sir,
Sub: Proposal for Selection of Joint Venture Partner for BICDSS
We, the undersigned, submit the proposal to be considered for being a Joint Venture Partner in
accordance with your Request for Proposal (RFP) dated 3rd February, 2017.
1. We hereby declare that all the information and statements made in this Proposal are
true and accept that any misinterpretation contained in it may lead to our
disqualification.
2. We have read RFP document and agree to accept and abide by the same in toto.
3. The Proposal i.e. Technical Proposal and Financial Proposal has been prepared after
taking into account all the terms and conditions of RFP Document.
4. Our Proposal is binding upon us.
5. We understand you are not bound to accept any Proposal you receive.
Thanking you.
Yours sincerely,
Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Company / Firm / Society: Address and Phone:
47
APPENDIX – III
PROPOSAL FORM
1. Proposer Details
a. Name of the Proposer
b. Proposer’s Constitution (Proprietorship / Partnership / Private Limited /
Public Limited / Joint Venture Company)
c. Country of incorporation
d. Address of corporate headquarters and its branch office(s), if any, in
India
e. Date of incorporation and/or commencement of business.
2. Brief Description of the Proposer including details of its main lines of business
3. Fulfillment of Eligibility Criteria by the Proposer as per the table below:
S. No. Requirement as per RFP
Documents,
submitted
by Proposer
1 Covering letter, as per Appendix – II
2 Prescribed Proposal Form, as per Appendix-III
3 Power of Attorney for Proposal Signatory, as per Appendix-IV
4 Duly Notarized Affidavit, strictly as prescribed under Appendix-V
5 Proposal Undertaking, as prescribed under Appendix- VI
6 Duly filled in format of Anti- collusion certificate, as prescribed
under Appendix- VII
7
Proposal Security or EMD (as per Clause A.5) in the form of
FDR / Bank Guarantee, strictly as per the format prescribed
under Appendix- VIII
8 NOC / Resolution / Consent, as prescribed under Appendix-IX
9 Original RFP document duly signed and stamped on each page
as an acceptance of terms and conditions of this RFP.
10
Certified copy of Registration Certificate, in case of
Proprietorship / copy of Registered Partnership Deed, in case of
Partnership Firm / Incorporation Certificate and Memorandum of
Article & Association, in case of a Company / Registration
Certificate and Bye-laws, in case of a Co-operative Society or
any other documents for substantiating claim of Proposer of
having any legal entity.
11 Samples as per Clause A.41 In a separate
sealed cover
12 Audited Balance Sheet, Profit and Loss Account and Financial
48
Statement (Appendix X) for Last Three Financial Years i.e.
2013-14, 2014-15 & 2015-16.
13
Financial Statement, in prescribed format as per Appendix - X,
duly certified by a Chartered Accountant, who has audited the
Balance Sheet. In case, the same Chartered Accountant
refuses to certify the Financial Statement, then the Financial
Statement is to be certified by any other Chartered Accountant
and written refusal of Chartered Accountant, who audited the
Balance Sheet, shall be enclosed along with Financial
Statement.
14 The documents showing ownership / lease in the name of
Proposer for the Manufacturing Unit (Clause A.26)
15
Copies of all the following statutory licenses, continuously valid
for Last Three Financial Years (2013-14, 2014-15 and 2015-16).
All the following statutory licenses / certificates for
Manufacturing / Producing and supplying of MFEDF items as
THR (as prescribed under Clause A.23) should be in the name
of the Proposer itself continuously for last financial three years:
A Factory Act License
B DIC / SIA registration certificate for having manufacturing unit
C VAT registration
D CST registration
E License under FSSAI
F PAN card
G Consent to Operate issued by the respective State Pollution
Control Board
17 ISO 22000:2005 certificate
18 Annual Turnover Certificate
19 Average Annual Production Certificate
20 Production Capacity Certificate issued by competent authority of
State / Central Government.
21 List of Lab Equipment available at the manufacturing unit
22 Any other documentary evidence / certificate etc. as required
under this RFP
4. Details of Individual (s) who will serve as the point of contact / communication
within the Proposer; with BICDSS.
a. Name:
b. Designation:
c. Company:
d. Address:
e. Telephone Number:
f. E-Mail Address:
g. Fax Number:
49
5. Name, Designation, Address and Phone Numbers of Authorized Signatory of the
Proposer:
a. Name:
b. Designation:
c. Address:
d. Phone Number:
e. Fax Number:
I / We have read all the terms and conditions of the REQUEST FOR PROPOSAL (RFP)
DOCUMENT and the ANNEXURES thereto and agree to accept and abide by the same in
toto. The PROPOSAL has been prepared after taking into account all the terms and
conditions of REQUEST FOR PROPOSAL (RFP) DOCUMENT.
....................................................
Signature of the Authorized Person
(with Seal of the Proposer)
50
APPENDIX - IV
FORMAT FOR POWER OF ATTORNEY
FOR PROPOSAL SIGNATORY
(On Non-Judicial Stamp Paper of Rs 100 / - and duly notarized)
POWER OF ATTORNEY
Know all men by these presents, we ____________________________(name and address of the registered office) do hereby constitute, appoint and authorize Mr. / Ms.____________ (name and address of residence) who is presently holding the position of as our attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our Proposal for selection of Joint Venture Partner for BICDSS (Proposal), including signing and submission of all documents and providing information / responses to BICDSS in all matters before BICDSS, and generally dealing with BICDSS in all matters in connection with our Proposal. We hereby agree to ratify all such acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all such acts, deeds and things lawfully done by our aforesaid attorney shall and shall always be deemed to have been done by us.
Executants’ Signature
(Name, Title and Address)
I Accept Attorney Signature (Name, Title and Address of the Attorney)
Attested Executants
Notes:
1. To be executed by the Proposer
2. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants(s) and when it is so required the same should be under common seal affixed
in accordance with the required procedure.
3. Also, where required, the executants(s) should submit for verification the extract of the
charter documents and documents such as a resolution / power of attorney in favor of
the Person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Proposer.
4. In case the Proposal is signed by an authorized Director of the Proposer, a certified copy
of the appropriate resolution / document conveying such authority may be enclosed in
lieu of the Power of Attorney.
51
APPENDIX – V
FORMAT OF PROPOSAL AFFIDAVIT
(To be furnished by the Proposer on a Rs. 100- non-Judicial Stamp Paper and notarized)
I, the undersigned, do hereby solemnly affirm on behalf of the Proposer that:
1. All statements made in the Proposal are true and correct to the best of my belief and
knowledge.
2. The undersigned hereby authorize(s) and request(s) any bank, person, firm, Central
Government / State Government / UT / any Government Department whether Central or
State / Semi Government Organization / Agency / Cooperative Federation / Public Sector
Undertaking / Government Corporation / Local Authority to furnish pertinent information
deemed necessary and requested by the BICDSS to verify statements, documents, records
submitted with the Proposal or regarding my (our) competence and general reputation.
3. During the last three years (2013-14,2014-15 & 2015-16) no Manufacturing activity has
been carried out by the Proposer without having all the statutory licenses, in the name of
Proposer itself.
4. The Proposer has carried out all the compliances to all the statutory licenses and there is
no any violation of the terms and conditions of any license resulting conviction under any
criminal case against the Proposer.
5. If the existing Manufacturing Unit is not found in ready to use condition to manufacture and
supply required MFEDF items, as per product specification, during the course of inspection,
the EMD of the Proposer may be forfeited by the BICDSS.
6. The Proposer itself and its associate company, associate concern, associate firm, related
parties its holding company or subsidiary company, constituents, group companies have
never been foreclosed / debarred / disqualified / suspended / discontinuance of supply by
Central Government / any State Government / any Government Department / Government
Organization / Government Undertakings / Government Federations / Corporation
Government Agency / Local Authority.
7. Proposal Security / EMD and / or Security Deposit of the Proposer itself and its associate
company, associate concern, associate firm, related parties, group companies had never
been forfeited by Central Government / any State Government / any Government
Department / Government Organization / Government Undertakings / Government
Federations / Corporation Government Agency / Local Authority.
8. In case any particular or details given in any of proposal is found to be inaccurate or
incorrect or the certificate or any documents furnished by the Proposer is found to be
fabricated and not genuine, either on inspection by Authorized Personnel of the BICDSS or
on the basis of information received through other sources, our proposal will be liable to be
rejected and in case agreement has been made, the same will be liable to be rescinded
and the same will be without prejudice to any other consequences (including forfeiture of
EMD and / or Security Deposit) to which the concerned Proposer will be exposed for
misrepresentation and misleading the BICDSS.
9. We will establish the Manufacturing Unit in the State of Bihar within 18 months and shall
52
commence manufacturing and supplying the MFEDF within two months from
manufacturing unit owned by us and / or any of our subsidiary / holding company from the
date of execution of the Agreement, failing which the BICDSS may forfeit our EMD /
Security Deposit.
The undersigned understands and agrees that further qualifying information may be requested
and we do hereby agree to furnish any such information at the directions of BICDSS.
Deponent
(Signed by an authorized signatory)
(Title of the Signatory)
(Name and Address of the Organization)
(Date)
53
APPENDIX - VI
FORMAT OF PROPOSAL UNDERTAKING
(on the letter head of the proposer)
To
State Mission Director,
Bihar Integrated Child Development Services Society,
Indira Bhawan, 2nd Floor,
Ram Charitra Singh Path,
Bailey Road, Patna,
Bihar - 800001
Dear Sir,
Sub: Proposal for selection of Joint Venture Partner for BICDSS.
We have examined in detail and have understood the terms and conditions stipulated in the RFP
issued by BICDSS and subsequent communication sent by BICDSS. Our Proposal is in
consistent with all requirements of submission as stated in the RFP or in any of the subsequent
communication issued by the BICDSS. We would be solely responsible for any errors or
omissions in our Proposal.
We undertake that we will establish the Manufacturing Unit in the State of Bihar within 18
(eighteen) months and shall commence manufacturing and supplying the MFEDF within two
months from manufacturing unit owned by us and / or any of our subsidiary / holding company
from the date of execution of the Agreement, failing which the BICDSS may forfeit our EMD /
Security Deposit.
We also commit to abide by the decision of BICDSS on all matters relating to the implementation
of the Joint Venture Agreement and thereafter, the Operations of the Joint Venture.
For and on behalf of: (Signature of the authorized person) Name of the person: Designation: Signed by the Proposer
54
APPENDIX – VII
FORMAT OF ANTI-COLLUSION CERTIFICATE
(To be furnished by the Proposer on their letter heads)
To
State Mission Director,
Bihar Integrated Child Development Services Society,
Indira Bhawan, 2nd Floor,
Ram Charitra Singh Path,
Bailey Road, Patna,
Bihar - 800001
Dear Sir,
Sub: Proposal for selection of Joint Venture Partner for BICDSS
We hereby certify and confirm that in the preparation and submission of this Proposal, we have
not acted in concert or in collusion with any other Proposer or any other person(s) and also not
done any act, deed or thing which is or could be regarded as anti-competitive, restrictive or
monopolistic trade practice.
We further confirm that we have not offered nor will offer any illegal gratification in cash or kind
to any person or agency in connection with this Proposal.
Dated this ___Day of _________, 2017
Name of the Proposer
Signature of the Authorized Person
Name of the Authorized Person
55
APPENDIX - VIII
FORMAT FOR BANK GUARANTEE FOR PROPOSAL SECURITY / EMD
(To be issued by a Nationalized Bank or Scheduled Bank in India)
(To be executed on appropriate value of Non-Judicial Stamp Paper as per prevailing
provisions of Stamp Act of respective State/UT)
B.G. No. __________________________ dated _____________
This Deed of Guarantee executed at _______ by ______________ (Name of Bank) having its Head
Office / Registered office at ______________ (hereinafter referred to as "the Guarantor") which
expression shall unless it be repugnant to the subject or context thereof include its, successors and
assigns;
In favour of
The State Mission Director, Bihar Integrated Child Development Services Society, Indira
Bhawan, 2nd Floor, Ram Charitra Singh Path, Bailey Road, Patna, Bihar - 800001, which
expression shall unless it be repugnant to the subject or context thereof include its successors and
assigns;
WHEREAS, M/s. _______________________________, having its office at ____________
(hereinafter called "the Proposer") which expression shall unless it be repugnant to the subject or
context thereof include its / their executors’ administrators, successors and assigns, intends to
submit Proposal for selection of Joint Venture Partner for BICDSS (hereinafter referred to as the
Proposal).
And WHEREAS, as per requirements of the RFP (Request for Proposal), the Proposer is required to
furnish to BICDSS (BICDSS, which expression shall include its successors and assigns), a
Bank Guarantee for a sum of Rs 10,00,00,000/- (Rupees Ten Crores only) towards Proposal
Security / EMD for the aforesaid Proposal.
KNOW ALL MEN by these presents that we, as the Guarantors are bound to BICDSS, to
pay it on demand, in terms of this Deed of Guarantee, on behalf of _____________ [Insert
the name of the Proposer] the sum of Rs. 10,00,00,000/- (Rupees Ten Crores only). The
Guarantor binds itself and its successors and assigns by these presents.
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:
1. The Guarantor, as primary obligor shall, without demur, pay to BICDSS an amount not
exceeding Rs 10,00,00,000/- (Rupees Ten Crores only) (hereinafter referred to as the
Guaranteed Amount), within 5 days of receipt of a written demand from BICDSS calling
upon the Guarantor to pay the said amount.
2. The Proposal Security / E M D shall be forfeited in the following cases:
if a Proposer engages in Corrupt Practices, Fraudulent Practices, Coercive
56
Practices, Undesirable Practices or Restrictive Practices as specified in Clause 12
of this RFP;
if a Proposer modifies or withdraws its Proposal except as provided in Clause 6.3,
if a Proposer withdraws its Proposal during the interval between the Proposal Due
Date and expiration of Proposal Validity Period;
if any information or document furnished by the Proposer is found by BICDSS to be
misrepresenting, misleading, fabricated, incorrect or untrue;
if any of the clause / word of prescribed affidavit is found incorrect / misleading or
modified / amended;
If the existing Manufacturing Unit is not found in ready to use condition to
manufacture and supply required MFEDF items, as per product specification,
during the course of inspection;
3. Any such demand made on the Guarantor by BICDSS shall be conclusive and absolute as
regards the forfeiture of the Guaranteed Amount due and payable by the Guarantor under
this Guarantee.
4. The above payment shall be made without any reference to the Proposer or any other
person and irrespective of whether the claim of BICDSS is disputed by the Proposer or
not.
5. This Guarantee shall be irrevocable and remain in full force for a period of 180 (One
Hundred Eighty) days from ___________ the_______, ______ or for such extended
period as may be mutually agreed between BICDSS and the Proposer and shall continue
to be enforceable till all amounts under this Guarantee are paid.
6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Proposer / the Guarantor or any absorption, merger or amalgamation of the Proposer / the
Guarantor with any other person.
7. In order to give full effect to this Guarantee, BICDSS shall be entitled to treat the
Guarantor as the principal debtor. The obligations of the Guarantor shall not be affected by
any variations in the terms and conditions of the RFP or other documents or by extension
of time of performance of any obligations granted to the Proposer or postponement / non-
exercise / delayed exercise of any of its rights by BICDSS against the Proposer or any
indulgence shown by BICDSS to the Proposer and the Guarantor shall not be relieved
from its obligations under this bank guarantee on account of any such variation, extension,
postponement, non-exercise, delayed exercise or omission on the part of BICDSS or any
indulgence by BICDSS to the Proposer to give such matter or thing whatsoever which
under the law relating to sureties would but for this provision have effect of so relieving the
Guarantor.
8. The Guarantor has power to issue this Guarantee and Discharge the obligations
contemplated herein, the undersigned is duly authorized to execute this Guarantee
pursuant to the power granted under ___________________.
NOTWITHSTANDING anything contained herein:
i. Our liability under this Bank Guarantee shall not exceed Rs 10,00,00,000/- (Rupees Ten
Crore only)
ii. This Bank Guarantee shall be valid upto __.__._____, (expiry date).
57
iii. We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
__.__.____ , (claim date).
iv. Thereafter all your rights under this guarantee shall be forfeited and we shall be released
from all our liabilities hereunder irrespective of whether the guarantee in original is
returned to us or not.
IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE
DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN
Signed and Delivered by __________________ Bank
by the hand of Mr./Ms. __________________
its ______________________ and authorized official
(Bank’s Seal to be affixed)
58
APPENDIX - IX
NOC / RESOLUTION / CONSENT DOCUMENTS REQUIRED TO BE ATTACHED BY THE
PROPOSER
1. If, the proposal is submitted by any Government / Semi Government organization /
Agency / Cooperative Federation / public sector undertaking / Corporation / Local
Authority, the written consent of the competent authority shall be submitted along with
proposal specifically permitting the Proposer for (a) submission of proposal against the
RFP (b) Authorizing the Proposer for execution of Agreement, in case of selection,
and (c) consent for equity participation in JV Company and deploy capital investment in
manufacturing unit to be established in the State of Bihar.
2. If Proposer is a JV entity having any Government or Government Organization or
Government Corporation / Undertaking or Local authority as a JV partner, then the
consent of the competent authority of Government, which permitted for formation of initial
JV entity (Proposer) shall be submitted along with proposal specifically permitting the
Proposer for (a) submission of proposal against the RFP (b) authorizing the Proposer for
execution of Agreement, in case of selection, and (c) consent for equity participation in
JV Company and deploy capital investment in manufacturing unit to be established in
the State of Bihar.
3. If, the proposal is submitted by an entity, which is JV company (duly registered
under Companies Act 1956 / 2013), then the resolution of the Board and written
consent of all the JV partners for (a) submission of proposal against this RFP (b)
authorizing the Proposer for execution of Agreement, in case of selection, and (c)
consent for equity participation in JV Company and deploy capital investment in
manufacturing unit to be established in the State of Bihar.
4. If, the proposal is submitted by any Company, registered under the Companies Act
1956 / 2013, then the resolution in Board meeting of the company (a) submission of
proposal against the RFP (b) authorizing one particular authority of the Proposer for
execution of Agreement, in case of selection, and (c) consent for equity participation
in JV Company and deploy capital investment in manufacturing unit to be established in
the State of Bihar.
5. If, the proposal is submitted by any partnership firm, then consent of all the partners for
(a) submission of proposal against this RFP (b) authorizing one particular authority of the
firm of execution of A greement, in case of selection, and (c) consent for equity
participation in JV Company and deploy capital investment in manufacturing unit to be
established in the State of Bihar.
59
APPENDIX - X
FORMAT FOR FINANCIAL STATEMENT FOR THE LAST 3 AUDITED FINANCIAL
YEARS
S. No. Particulars FY 2015-
16 (Audited)
FY 2014 – 15
(Audited)
FY 2013 – 14
(Audited) Average Remarks
1 Turnover Refer
Note (b)
2
Profit before Depreciation, Interest, Tax & Appropriation
-
3 Depreciation -
4 Interest Refer
Note (c)
5 Profit before Tax (PBT) (2-3-4)
6 Income Tax Refer
Note (d)
7 Profit after Tax (PAT) (5-6)
8 Appropriation Refer
Note (e)
9 Profit after Appropriation (7-8)
(A) Liabilities
10 Capital Refer
Note (f)
11 Reserves & Surplus Refer
Note (g)
12 Term Loans Refer
Note (h)
13 Unsecured Loans Refer
Note (i)
14 Current Liabilities & Provisions (incl. Bank CC/OD Limits)
Refer
Note (j)
Total (A)
(B) Assets
15 Net Fixed Assets Refer
Note (k)
16 Current Assets Refer
Note (l)
17 Non-Current Assets (Investments in non-
Refer
Note (m)
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core business activities)
Total (B)
18 Tangible Net Worth (TNW) (10+11)
-
19 Adjusted Tangible Net Worth (ATNW) (18-17)
-
20 Total Outside Liabilities (TOL) (12+13+14)
-
21 Net Working Capital (NWC) (16-14)
-
22 Current Ratio (CR) (16/14)
Refer
Note (o)
23 TOL / ATNW (20/19)
Refer
Note (p)
24 Manufacturing of MFEDF
In Metric
Tons
Notes:
a. All figures to be provided in Lac Indian Rupees
b. S. No. 1: Turnover (as per Clause No A.39 and 4.7).
c. S. No. 4: Interest head should include Bank charges & all other Financial Expenses.
d. S. No. 6: Income Tax should include Current Tax as well as Deferred Tax
e. S. No. 8: Appropriation should include Dividend (in case of company) or Partners
Salary, Interest to Partners etc., in case of Partnership firm.
f. S. No. 10: Capital should include Paid-up Share Capital (in case of company), Corpus
Fund (in case of Society) or Proprietor / Partners Capital in case of firm.
g. S. No. 11: Reserves should include balance of Profit & loss account, subsidies, general
reserve, capital reserve etc. Revaluation reserve to be excluded.
h. S. No. 12: All long term loans should be mentioned under Term Loan (incl.
vehicle/equipment loans).
i. S. No. 13: Unsecured loans to include loans other than from Banks / FIs, be it from
market or from Directors/Partners or their family members/Friends.
j. S. No. 14: All heads under liabilities, excluding capital, reserves & long term liabilities
to be disclosed under Current Liabilities.
k. S. No. 15: Fixed Assets to be stated net of Depreciation till date.
l. S. No. 16: Current Assets to include business recoverable within one year (Inventory,
Debtors, Cash & Bank Balances, loans & advances granted in the normal course of
business).
m. S. No. 17: Investments, advances to group concerns, advances of capital or non-core
business nature etc. to be included under non-current assets.
n. Total (A) must match with Total (B)
o. S. No. 22: To be derived by dividing the aggregate of Current Assets of all 3
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respective years (stated at S. No. 16) by the aggregate of Current Liabilities of all 3
respective years (stated at S. No. 14).
p. S. No. 23: To be derived by dividing the aggregate of TOL of all 3 respective years
(stated at S. No. 20) by the aggregate of ATNW of all 3 respective years (stated at S.
No. 19).
Enclosures Required:
1. C.A. Certified Key Financial Figures in the format given above.
2. C.A. Certified Income Tax Returns (with Acknowledgement) of the Concern for the last
3 years.
3. C.A. Certified Audited Balance Sheets of the Concern for the last 3 years.
4. VAT Returns for all 4 quarters of the last 3 years.
5. C.A. Certified Production Figures for the last 3 years.
62
APPENDIX - XI
FORMAT FOR BANK GUARANTEE FOR SECURITY DEPOSIT
(To be issued by a Nationalized Bank or Scheduled Bank in India)
(To be executed on appropriate value of Non-Judicial Stamp Paper as per prevailing
provisions of Stamp Act of respective State/UT)
B.G. No. __________________________ dated _____________
This Deed of Guarantee executed at _______ by ______________ (Name of Bank) having its
Head Office / Registered office at ______________ (hereinafter referred to as "the Guarantor")
which expression shall unless it be repugnant to the subject or context thereof include its,
successors and assigns;
In favour of
The State Mission Director, Bihar Integrated Child Development Services Society, Indira
Bhawan, 2nd Floor, Ram Charitra Singh Path, Bailey Road, Patna, Bihar - 800001, which
expression shall unless it be repugnant to the subject or context thereof include its successors and
assigns;
WHEREAS, M/s. _______________________________, having its office at ____________
(hereinafter called "the Proposer") which expression shall unless it be repugnant to the subject or
context thereof include its / their executors’ administrators, successors and assigns, intends to
submit Proposal for selection of Joint Venture Partner for BICDSS (hereinafter referred to as the
Proposal).
And WHEREAS, as per requirements of the RFP (Request for Proposal), the Proposer is
required to furnish to BICDSS (BICDSS, which expression shall include its successors and
assigns), a Bank Guarantee for a sum of Rs 25,00,00,000/- (Rupees Twenty-Five Crores only)
towards Security Deposit for the aforesaid Proposal.
KNOW ALL MEN by these presents that we, as the Guarantors are bound to BICDSS, to
pay it on demand, in terms of this Deed of Guarantee, on behalf of _____________ [Insert
the name of the Proposer] the sum of Rs. 25,00,00,000/- (Rupees Twenty-Five Crores only).
The Guarantor binds itself and its successors and assigns by these presents.
NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:
a. The Guarantor, as primary obligor shall, without demur, pay to BICDSS an amount
not exceeding Rs 25,00,00,000/- (Rupees Twenty-Five Crores only) (hereinafter referred
to as the Guaranteed Amount), within 5 days of receipt of a written demand from
BICDSS calling upon the Guarantor to pay the said amount.
b. The Security Deposit shall be forfeited in the following cases:
63
• in the case of Selected Proposer, if it fails within the specified time limit –
- to sign the Agreement / Shareholder Agreement; and / or
- to commence manufacturing and supplying the MFEDF (Clause A.23) from
manufacturing unit owned by it and / or any of its subsidiary / holding company;
and / or
- to establish manufacturing unit within the State of Bihar as per standards and
specification prescribed in this RFP.
• in case the Selected Proposer, having signed the Agreement / Shareholder Agreement,
commits any breach thereof.
c. Any such demand made on the Guarantor by BICDSS shall be conclusive and
absolute as regards the forfeiture of the Guaranteed Amount due and payable by the
Guarantor under this Guarantee.
d. The above payment shall be made without any reference to the Proposer or any other
person and irrespective of whether the claim of BICDSS is disputed by the Proposer
or not.
e. This Guarantee shall be irrevocable and remain in full force for a period of 126 (One
Hundred Twenty-Six) Months from ___________ the_______, ______ or for such
extended period as may be mutually agreed between BICDSS and the Proposer and
shall continue to be enforceable till all amounts under this Guarantee are paid.
f. The Guarantee shall not be affected by any change in the constitution or winding up
of the Proposer / the Guarantor or any absorption, merger or amalgamation of the
Proposer / the Guarantor with any other person.
g. In order to give full effect to this Guarantee, BICDSS shall be entitled to treat the
Guarantor as the principal debtor. The obligations of the Guarantor shall not be affected
by any variations in the terms and conditions of the RFP or other documents or by
extension of time of performance of any obligations granted to the Proposer or
postponement / non-exercise / delayed exercise of any of its rights by BICDSS against
the Proposer or any indulgence shown by BICDSS to the Proposer and the Guarantor
shall not be relieved from its obligations under this bank guarantee on account of any
such variation, extension, postponement, non-exercise, delayed exercise or omission on
the part of BICDSS or any indulgence by BICDSS to the Proposer to give such
matter or thing whatsoever which under the law relating to sureties would but for this
provision have effect of so relieving the Guarantor.
h. The Guarantor has power to issue this Guarantee and Discharge the obligations
contemplated herein, the undersigned is duly authorized to execute this Guarantee
pursuant to the power granted under ___________________.
NOTWITHSTANDING anything contained herein:
i. Our liability under this Bank Guarantee shall not exceed Rs 25,00,00,000/- (Rupees
Twenty Five Crore only)
ii. This Bank Guarantee shall be valid upto __.__._____, (expiry date).
64
iii. We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
__.__.____ , (claim date).
iv. Thereafter all your rights under this guarantee shall be forfeited and we shall be released
from all our liabilities hereunder irrespective of whether the guarantee in original is
returned to us or not.
IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE
DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN
Signed and Delivered by __________________ Bank
by the hand of Mr./Ms. __________________
its ______________________ and authorized official
(Bank’s Seal to be affixed)
65
APPENDIX – XII.A
PROFORMA FOR QUOTING RATES FOR RECIPES OF MFEDF ITEMS FOR ALL THE CATEGORIES OF BENEFICIARIES
WITH NFSA / BPL PRICE
Proposer shall quote Category-wise Rate per beneficiary per day and Total Cost of manufacture and delivery of Recipes of MFEDF Items FOR destination at Project
Godown / other Godowns at Block Level as indicated in the following Proforma, all columns should be filled. Incomplete Proforma and those not on this Proforma are
liable to be rejected.
Category of Beneficiary
(1)
Proposed
Quantity (in MT)
(2)
Cost of Raw Materials, Processing including
Fortification and Packing excluding all applicable Taxes (in Rs. beneficiary
per day) (3)
Cost of all applicable
Taxes (in Rs.
beneficiary per day)
(4)
Freight upto Project
Godowns / other Godowns
(in Rs. beneficiary per
day) (5)
Total Price inclusive of Cost of Raw Materials, Processing including Fortification and
Packing including all applicable Taxes & Freight (in Rs. beneficiary per day)
(in words & figures) (6)=(3+4+5)
Details of Taxes &
Levies, as applicable
(in %) (7)
Child (6 months – 3
years)
_______
Severely Malnourished
Child (6 months – 3
years)
Pregnant & Lactating Women
Adolescent Girls
I/We have read all the terms and conditions of the REQUEST FOR PROPOSAL (RFP) DOCUMENT and the ANNEXURES AND APPENDICES thereto and agree to
accept and abide by the same in toto. The above quotation has been prepared after taking into account all the terms and conditions of this RFP.
Signature of the Proposer __________________________________
“SEAL” Name & Designation of the Signatory __________________________________
Date: ______________ (in capital letters)
Place: ______________ Name & Address of the Proposer __________________________________
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APPENDIX – XII.B
PROFORMA FOR QUOTING RATES FOR RECIPES OF MFEDF ITEMS FOR ALL THE CATEGORIES OF BENEFICIARIES
WITHOUT NFSA / BPL PRICE (OPEN MARKET)
Proposer shall quote Category-wise Rate per beneficiary per day and Total Cost of manufacture and delivery of Recipes of MFEDF Items FOR destination at Project
Godown / other Godowns at Block Level as indicated in the following Proforma, all columns should be filled. Incomplete Proforma and those not on this Proforma are
liable to be rejected.
Category of Beneficiary
(1)
Proposed
Quantity (in MT)
(2)
Cost of Raw Materials, Processing including
Fortification and Packing excluding all applicable Taxes (in Rs. beneficiary
per day) (3)
Cost of all applicable
Taxes (in Rs.
beneficiary per day)
(4)
Freight upto Project
Godowns / other Godowns
(in Rs. beneficiary per
day) (5)
Total Price inclusive of Cost of Raw Materials, Processing including Fortification and
Packing including all applicable Taxes & Freight (in Rs. beneficiary per day)
(in words & figures) (6)=(3+4+5)
Details of Taxes &
Levies, as applicable
(in %) (7)
Child (6 months – 3
years)
_______
Severely Malnourished
Child (6 months – 3
years)
Pregnant & Lactating Women
Adolescent Girls
I/We have read all the terms and conditions of the REQUEST FOR PROPOSAL (RFP) DOCUMENT and the ANNEXURES AND APPENDICES thereto and agree to
accept and abide by the same in toto. The above quotation has been prepared after taking into account all the terms and conditions of this RFP.
Signature of the Proposer __________________________________
“SEAL” Name & Designation of the Signatory __________________________________
Date: ______________ (in capital letters)
Place: ______________ Name & Address of the Proposer __________________________________
67
APPENDIX – XIII
WEIGHTAGE FOR EVALAUTION OF PROPOSALS – THE FINANCIAL PROPOSALS OF ONLY THOSE PROPOSER(s) SHALL BE EVALUATED WHO QUALIFY THE TECHNICAL SPECIFICATIONS REQUIRED UNDER THIS RFP Detailed Break-up of Weightage
S. No. Criteria Weightage Proposer 1 Proposer 2 Proposer 3 And so on
1 Technical Proposal 20
2 Financial Proposal (Rates) 20
3 Total Annual Turnover 5
4 Past Satisfactory Performance of similar Contracts
5
5 Experience in Years 10
6 Consistency of good quality maintenance / certification / in-house testing facilities
10
7 Project Cost per Metric Ton Capacity
10
8 Suitability of Proposed Recipes for Bihar State
10
9 Competency / Qualified Staff Availability
5
10 Good Reputation / Record in the Industry
5
Total 100
A composite score based on the above criteria would be determined by an Evaluation Committee specially constituted for the purpose.