YEAR – 2017-18 - Akshaya Patra Foundation · The Akshaya Patra Foundation ( TAPF ), is a...

30
Page 1 THE AKSHAYA PATRA FOUNDATION, RAJASTHAN TENDER FOR PURCHASE OF MACHINES / EQUIPMENTS / VEHICLE / BOILER AND CIVIL CONSTRUCTION / RENOVATION AT CENTERALIZE KITCHEN The Akshaya Patra Foundation, Bhilwara YEAR – 2017-18

Transcript of YEAR – 2017-18 - Akshaya Patra Foundation · The Akshaya Patra Foundation ( TAPF ), is a...

Page 1

THE AKSHAYA PATRA FOUNDATION, RAJASTHAN

TENDER FOR PURCHASE OF

MACHINES / EQUIPMENTS / VEHICLE / BOILER AND CIVIL

CONSTRUCTION / RENOVATION AT CENTERALIZE KITCHEN

The Akshaya Patra Foundation,

Bhilwara

YEAR – 2017-18

Page 2

TENDER DOCUMENT FOR PURCHASE OF MACHINES / EDQUIPMENTS AT

CENTRALIZED KITCHEN, AKSHAYA PATRA, BHILWARA,( RAJ.)

TENDER NO: TAPF/JAI/01/2017-18 DATED: 11/10/17

INDEX

S. NO. PARTICULARS

1 Tenderer Information About tenderer

2 SCHEDULE –A

ACCEPTENCE LETTER CUM CHECK LIST FOR DOCUMENT ATTACHED FOR THE BIDDER

4 SCHEDULE – B

Date and timings for the tender

ANNEXURE – I General terms and conditions

3 ANNEXURE –II

A. SPECIFICATIONS OF MACHINES/ EQUIPMENTS 1. ANX II-1 – Kitchen equipment’s 2. ANX II-2 – Light commercial vehicle (Mahindra Supro mini truck) 3. ANX II-3 – Customized vehicle body building 4. ANX II-4 – NON - IBR boiler 5. ANX II-5 – Chapatti making machine 6. ANX II-6 - Cold Room 7. ANX II-7 - LOT System 8. ANX II-8 – Container (Shipping container) 9. ANX II-9 – IT equipment’s 10. ANX II-10 – Roasting Machine B. ANX – CIVIL

6 Forms

1. Form -1 – EMD Bank Guarantee 2. Form -2 – Performance Bank Guarantee 3. Form -3- Advance Bank Guarantee

4. From 4- Power of attorney

7 Abbreviations Abbreviation 8 Contacts Contact detail for queries, if any. 9 E-mail ID [email protected]

Page 3

TENDERER INFORMATION

The Akshaya Patra Foundation ( TAPF ), is a charitable Trust, engaged in the charitable activity of serving Mid Day Meal to Govt school children. The program is conducted in partnership with the State Govts. Currently it is reaching out to about 1.6 Million children daily, from its 32 kitchens spread across 12 states.

Govt. of Rajasthan has selected TAPF to start Mid Day Meal program through centralized kitchen model in Bhilwara, Rajasthan and has handed over an existing building. With the kind financial help of REC the proposed facility would serve about 15000 meals daily to school children in Bhilwara. This tender is for carrying out necessary modifications and refurbishment of the building to make it suitable for the Centralized Kitchen operation. For more information about us please visit :www.akshayapatra.org

Page 4

(SCHEDULE-‘A’) (Acceptance letter)

S.NO. OF TENDER : TAPF/JAI/01/2017-18 Name of the party in whose : _____________________________________________ Favor the Tender form has _____________________________________________ been issued _____________________________________________ _____________________________________________ The Akshaya Patra Foundation, Bhilwara, Raj. Dear Sir,

1. I/We hereby submit our tender for the___________________ ________________________________________________________

2. I/WE now enclosing herewith the Nationalized Bank FDR/ Bank

guarantee No…………………… dated……………. for Rs. /- drawn in favour of the “The Akshaya Patra Foundation, Bhilwara” towards EMD/Bid Security. (TENDERS NOT ACCOMPANIED WITH EMD/BID SECURITY ALONGWITH THE TECHNO-COMMERCIAL DETAIL SHALL BE DIRECTLY REJECTED).

3. I/We have gone through all terms and conditions of the tender documents

before submitting the same.

4. I/We hereby agree to all the terms and conditions, stipulated by the TAPF, Bhilwara, in this context including delivery, warranty, penalty etc.

5. I/We confirm that we meet the selection criteria set out in your bidding

document.

6. I/We have noted that overwritten entries shall be deleted unless duly cut & re-written and initialed.

Page 5

7. Tenders are duly signed and stamped (No thumb impression should be affixed).

8. I/We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation or false information / documentation contained in it may lead to our disqualification.

9. I/We hereby declare that our company has not been banned or disqualified or

black listed by any Government or any Government agencies or PSUs for a period of last five years.

10. I/We undertake to sign the contract/agreement, if required, within 15 (Fifteen)

days from the date of issue of the letter of acceptance, failing which our/my security money deposited may be forfeited and our/my name may be removed from the list of suppliers at the TAPF, Bhilwara

NOTE: All terms & conditions such as taxes & freight etc., should be indicated in the quotations failing which it will be presumed that the rates are inclusive of all taxes & freight, other terms and conditions are also as per your requirements.

Yours faithfully,

Authorize Signature of Bidder(s) with seal and full Address.

WITNESS ____________________________

Page 6

CHECK LIST FOR DOCUMENTS ATTACHED FOR THE BIDDER

1. Certificate for being in business for more than 3 years and for civil work it will be minimum 7 year.

2. Certificate of registration of the company (ownership/partnership/ LLP/PVT.

LTD./LTD).

3. Statement of financial standing from bankers (last 3 years to till date).

4. Performance report/List of esteemed clients being served.

5. Whether quote is as per tender’s specifications.

6. Authority letter and compliance certificate from manufacturer/OEM enclosed.

7. Affidavit on a stamp paper of Rs. 500 that the firm has not been black listed in the past 3 years by any Organization.

8. Affidavit that the firm has no vigilance case/CBI/FEMA/ case pending against him/supplier (principal)’.

9. Affidavit that the firm is not supplying the same item at a lower rate to any

other organization or Institute.

10. Affidavit for supplying equipment’s / machines / utensils in similar type of food industry (Min 5 year experience required).

11. Quotation shall be submitted directly by the manufacturer or authorized distributor.

12. Quality assurance certificate like ISI, ISO, IP/BP, or any other, please specify.

13. Statement of turnover/annual report for each of the last three years is attached (Certified by practitioner chartered accountant)

1- 2016-17 ---------------------------------------------------------------------------------

2- 2015-16 ---------------------------------------------------------------------------------

3- 2014-15 ---------------------------------------------------------------------------------

Note : For civil work, please refer Annexure -1-B. ANX – Civil 14. BID security / EMD amount deposited is enclosed.

Page 7

15. Literature of original catalogue of the product should be attached for

reference. 16. Details of Name of bidder, Account No. of the bidder , IFCS code of the

bank/branch enclosed at Page No._____________________ 17. Comprehensive Guarantee/Warranty period for_____________ years.

(NAME OF THE BIDDER) WITH SIGNATURE & SEAL

Page 8

SCHEDULE – “B” (Date and timings of tender)

Tender Ref. No. TAPF/JAI/01/2017-18

Date of Notice inviting tender

Subject : Purchase of Quantity

____________________________

Date of Submission of Tender form

(* AS per below table)

Date of Opening of Tender form

---------*--------- at ---------*--------AM/PM

(*As per below table)

Address of Submission and Opening the tender (Location of tender box)

The Akshaya Patra Foundation, C-6 t0 C-11, Mahal Scheme, Goner Road, Jagatpura, Jaipur (Rajasthan) – 302017

Table for Schedule – “B”

ANNEXURE –I I

A. SPECIFICATIONS OF MACHINES/ EQUIPMENTS

Submission date and Time

Opening date and Time

1. ANX II-1 – Kitchen equipment’s 30/10/17 - 12:00 30/10/17 - 2:00 PM 2. ANX II-2 – Light commercial vehicle (Loading mini truck) 31/10/17 - 12:00 31/10/17 - 2:00 PM 3. ANX II-3 – Customized vehicle body building 31/10/17 - 1:00 PM 31/10/17 - 3:00 PM 4. ANX II-4 – NON - IBR boiler 01/11/17 - 12:00 01/11/17 - 2:00 PM 5. ANX II-5 – Chapatti making machine 02/11/17 - 12:00 02/11/17 - 2:00 PM 6. ANX II-6 - Cold Room 03/11/17 - 12:00 03/11/17 - 2:00 PM 7. ANX II-7 - LOT System 06/11/17 - 12:00 06/11/17 - 2:00 PM 8. ANX II-8 – Container (Shipping container) 03/11/17 - 12:00 03/11/17 - 2:00 PM 9. ANX II-9 – IT equipment’s 07/11/17 - 12:00 07/11/17 - 2:00 PM 10. ANX II-10 – Roasting Machine 08/11/17 - 12:00 08/11/17 - 2:00 PM

B. ANX – CIVIL Will be announce shortly (tentative date is 20/10/17 )

Page 9

ANNEXURE – I

General terms and conditions:

1. Tender should be addressed to “The Program Coordinator, The Akshaya Patra Foundation, Rajasthan” and submitted to The Akshaya Patra Foundation, C-6, Mahal Scheme, Goner Road, Jagatpura, Jaipur, Rajasthan. Under sealed cover failing which the tender shall be rejected. Terms and conditions for supply should invariably be indicated otherwise would be taken on its face value.

2. If the last date of submission and opening of the tender document happens to be a holiday, the tender shall be opened in next working day OR opening date of tender document may be extended with prior information.

3. Techno – commercial offers should be open in the presence of tenderer

or their representative. (In case of representative power of attorney required – Refer form No -4). Price / financial BID of only those bidders who fulfill the conditions of technical BID and EMD. Price BID will be opened on same day at 4:00 PM.

4. Late received tender shall not be opened. 5. Mixed quotations will not be considered for acceptance.

6. Tender documents can be downloaded from the website:

The bidders should download the tender documents directly from below website.

http://www.tenderhome.com, and https://rajasthan.akshayapatra.org - “Tender for Bhilwara”

7. Tender should be submitted in two bid system containing two parts as detailed below

Page 10

PART-I: - Techno-commercial bid in one sealed envelope along with SCHEDULE -A. PART-II:- price bid/financial bid in one sealed envelope .

Both the envelopes should be separately sealed then put in one outer cover indicating there on:

Reference No. of the Tender _______________________________

Submitted to concerned officer _________________________

Tender regarding _________________________________________

Due date submission of the tender ____________________________

Due date for opening of the tender ___________________________

Name of the firm _________________________________________

Please note that prices should not be indicated in the Techno-commercial bid. The pre-qualification documents including EMD/BID security as required in the tender document should invariably be accompanied with the techno-commercial bid.

NOTE: - Tenders submitted without following two bid system procedures as mentioned above will be directly rejected.

8. The bidders should give rates, showing taxes and levies, Installation and commissioning charges, packing forwarding and insurance charges separately giving full breakup details.

The organization is not having form C and D.

9. To make payment through RTGS/NEFT the vendor/supplier/contractors

have to submit the following information invariably: i) Name and address of the bidder firm ii) Account No. of the bidder

Page 11

iii) IFS Code of the Bank/Branch. iv) Copy of cancelled cheque v) PAN card vi) GST No. vii) Copy of firm registration certificate.

Failing which their quotation is liable to be rejected.

10. This tender document is nontransferable. 11. The bid document should be paged and a certified INDEX shall be provided

on the covering letter indicating the number of pages submitted along with the bid.

12. The compliance report of specification should invariably be provided

indicating the fulfillment of each parameter of the specifications, failing which the offer will be rejected.

13. For in depth specification the bidder may visit the regional office of the

organization (The Akshaya Patra Foundation, C-6 to C-11, Mahal Scheme, Goner Road, Jagatpura, Jaipur, Raj.) and can go through the live machines / equipment.

For civil and Infra related work the bidders may visit the site (The Akshaya Patra Foundation, Near Central Academy School, Bhilwara, Rajasthan).

14. The checklist may be furnished properly and page No. may be mentioned

against each Serial Number. 15. The Tender forms should be clearly filled in CAPITAL LETTERS or typed in

written giving full address of the tenderer. The tenderer should quote in figure as well as in words the rates / amount tendered by him/her/them. Any discrepancy between the figures and words, the amount written in words will prevail. Alterations/over-writings, unless legibly attested by the tenderer, shall disqualify the tenders. The tenders should be signed by the tenderer himself/herself /themselves or his/her/their authorized representative on his/her/their behalf (Authorization may be enclosed, if applicable).

Page 12

14. The forwarding letter/undertaking (SCHEDULE-‘A’) should be duly signed and invariably be returned along with quotations furnished, failing which the tender shall be rejected.

15. The bidders should take care that the rates and amounts are written in such a way that interpolation is not possible, no blanks should be left which would otherwise, make the tender redundant.

16. The bidder’s rates should be kept open / valid for a period of 4 months from

the date the tenders are opened. 17. The tenderers shall clarify/state whether he/they are manufacturer, accredited

agent or sole representative indicating principal’s name & address. The offers of firms who are not manufacturer or direct authorized agent will be directly rejected. Sub-distributors / traders will not be accepted.

18. Delivery prospects with definite date of delivery at door step taking into

cognizance transit facilities must be indicated. 19. Each tender should be accompanied with an EMD/BID amounting to Rs.

……………..(as per below table)/- by way of FDR / bank guarantee (refer form no.-1) drawn in favor of “The Akshaya Patra Foundation, Bhilwara” failing which the tender shall not be considered for acceptance and will be out rightly rejected. cash/cheque is not acceptable at all.

The EMD/BID security deposited against other tenders cannot be adjusted or considered for this tender.

No interest is payable on EMD/BID security. EMD of unsuccessful bidders shall be returned on finalization of the tenders and placements of orders.

Page 13

EMD (EARNEST MONEY DEPOSIT) :- S. No. Category on the basis of tender value EMD in Rupee 1 Tender valuing upto Rs. 5 lakhs RS. 5000 2 Tender valuing more than Rs.5Lakh

and upto Rs. 10 lakh Rs. 10,000

3 Tender valuing more than Rs.10Lakh and upto Rs. 25 lakh

Rs. 25,000

4 Tender valuing more than Rs.25Lakh and upto Rs. 50 lakh

Rs. 50,000

5 Tender valuing more than Rs.50Lakh and upto Rs. 1Crore

Rs. 1,00,000

6 Tender valuing more than Rs.1Crore and upto Rs. 2.5 Crore

Rs. 2,50,000

7 Tender valuing more than Rs.2.5 Crore and upto Rs .5 Crore

Rs. 5,00,000

8 Tender valuing more than Rs. 5 Crore Rs. 5,00,000 + .1% of value over Rs. 5 Crore

20. If the delivery is not effective on due date, “The Akshaya Patra foundation”

has sole right to recovered liquidated damages as under:

(A) For the supply, as LD a sum equal to @1% of the price of any material not delivered OR total value in case where part delivery is no use to the TAPF, for a week or part of week subject to maximum limit @10% of the total order shall be recovered from the supplier. On placement of order EMD gets converted to performance guarantee and as such on default it gets forfeited as performance guarantee.

OR In such cases TAPF also reserve the right the cancel the order and forfeit the performance guarantee and may also debar the supplier from future purchases.

(B) LD can be recovered from any dues from the party.

21. In case of non-supply of material / Machines / equipment / within the due date i.e. within the date of delivery, “The Akshaya Patra Foundation” has sole right

Page 14

to impose penalty, as deemed fit. To resort the risk in regard to purchase in full or part thereof its discretion, Organization’s decision shall be final and binding.

22. The bidders may be required to demonstrate the quoted model of the

equipment / equipment at other site for the technical evaluation, if required, failing which their bids/offer shall be rejected. The firms will be intimated that they should get ready for demonstration and only one-week time will be provided for arrangement of demonstration and no request for extending time for demonstration will be entertained. Failure to demonstrate, their offer will be summarily rejected.

24. Any other statutory levy imposed by the Govt. of India / Rajasthan from time to time will be authorized accordingly on demand with adequate proof thereof will be paid extra / recovered.

25. Force majeure will be accepted in adequate proof thereof. 26. The Akshaya Patra Foundation shall be the final authority to reject full or any

part of the supply which is not confirming to the specification and other terms and conditions.

27. TAPF has reserve the right to cancel the bidding process prior to award of

contract including rejection of any OR all of BIDS after the same have been received, without there by incurring any liability to the affected bidder/s or any obligation to inform the effected bidder/son the ground of TAPF action.

28. No payment shall be made for rejected material. Rejected items must be

removed by the bidders within two weeks from the date of intimation of rejection at their own cost and replaced immediately. In case these are not removed, these will be auctioned at the risk and responsibility of the suppliers without any further notice.

29. Bidders submitting tenders would be considered to have accepted all the terms

and conditions.

30. No enquiries, verbal or written, shall be entertained in respect of acceptance or rejection of the tender.

Page 15

31. Tender may be rejected if the copy of GST/ other legal registration is not

furnished. 32. The quantity shown in the tender can be increased or decreased to an extent

depending upon the actual requirement without any price change. 33. Any action on the part of the tenderer to influence anybody in the said

Institute / organization will be taken as an offence, he will not be allowed to participate in the tender enquiry and their offer will not be considered.

34. Material confirming to the specifications should only be quoted (REFER

ANNEXURE-I). Original Catalogue, Leaflets, literature with full technical details should invariably be attached along with their offer, failing which their offer will be summarily rejected.

35. Genuine / branded equipment’s and instruments / parts / Items etc., should be

supplied. Tenderers should indicate the source of supply i.e. name & address of the manufacturers from whom the items / raw material are to be used. Also TAPF team check the quality of supplied material and if finding any discrepancies / quality issue then TAPF has reserve the right the cancelled the delivery. Few good brands for Electrical equipment / parts - Havells, C&G, ABB, L&T, KEI, Anchor, Bharat Bijli, Kirloskar, almonard etc… Brands for Plumbing and sanitary equipment / parts - Jaquar, Hindware, Parryware, Cera, Plumber, Kisan, swastika, ashirwad, Unic, Astral. Prince, Kitech, valson, kartaka etc...

36. In case of imported material the country of origin, country of Shipment etc. shall be clearly mentioned.

37. The quoted equipment should preferably follow Indian standards codes (BIS).

Page 16

38. Supply of equipment means-Installation and Commissioning at site. No separate charges will be paid separately on this account. But tenderers should mention such charges in BID.

39. Up time guarantee:

The firm should provide uptime warranty of 95%. 40. Downtime penalty Clause :

40.1 During the guarantee/warranty period, desired uptime of 95% of 365 days (10hrs/day) if downtime more than 5% the organization shall be entitled to impose penalty equal to amount of 5% of the total cost of the equipment per day for the first seven days, which will doubled on subsequent weeks along with extension of warranty period by the excess down time period.

The vendor must undertake to supply all spares for optimal upkeep of the

equipment for the period as per PO / WO OR contract terms & conditions and 1 set of spares shall be always available with the vendor so that whenever required can be sent immediately on demand, after handing over the unit to the organization. The vendor must produce cost of accessory/Items other attachment separately along with the main offer, then only full payment of the said order can be released.

40.2 The principal bidder or their representatives are required to submit a certificate that they have satisfactory service arrangements and fully trained staff available to support the uptime guarantee.

WARRANTY PERIOD: The bidders must provide comprehensive warranty period as applicable in bid (including all spares, accessories and labor) from the date of completion of the satisfactory installation.

42. Delivery: The successful bidders should strictly adhere to the schedule of supply, installation & Commissioning failing to which administrative action as deemed fit under rules will be taken against the defaulter.

Page 17

Material supply under this tender shall be confirmed only after receiving the signed Purchase Order. Transit Risk for the supplied material. Insurance coverage thereof will be borne by VENDOR. Necessary support will be provided by TAPF to vendor in respect of claim on insurance company.

43. SPARE PARTS: The separate price list of all spares and accessories and

consumables, if any, (Including minor) required for maintenance and repairs in future after guarantee/warrantee period must be attached /enclosed along with the sealed quotation failing which quotation will not be considered.

A list will be shared for particular part / consumables, for their life / running hours / servicing & preventive maintenance etc.

44. The bidder shall furnish a non-blacklisting certificate; that the firm has not

been blacklisted in the past by any government/Private institution. The tenderer/supplier has to give an affidavit on non-judicial stamp paper of Rs.500/- and there is no vigilance/CBI case pending against the firm/supplier.

45. There shall not be any in between commission agent / agency in regard to this

tender; the bidders are strictly guided to be in direct touch with the organization for any communication regarding the tender.

46. Successful bidders will have to furnish performance bank guarantee for10% of contract value from any nationalized bank (refer from no. 2) valid for the warranty period within 10 days of contract along with the final Performa invoice for advance. In case the supplier failed to furnish the performance bank guarantee within the prescribed period; failure to which will result in breach of the conditions and TAPF shall entitled to forfeit the EMD.

47. Successful bidders should give pre-alert intimation prior to shipment

notifying both the nominated clearing agents as well as the organization.

Page 18

48. Any incident pertaining to the people / material safety during the installation and commissioning shall be the responsibility of vendor only. If the material reaches first and lies unattended than the safety of material is vendor’s own concerns.

49. The supplier shall furnish the following certificate to the Accounts Officer

(Stores Accounts) along with each bill for payment for supplies made against in Rate Contract Tender.

“I/We certify that the material supplied to the organization under the contract against the tender herein have not been offered/sold by me/us to any other person/organization/Institution upto date of bill in lower than the price offered to TAPF. The bids of any tenderers may be rejected if a conflict of interest between the tenderer and TAPF is detected at any stage

50. PAYMENT TERMS

50.1 For Procurement/Works: No advance payment will be release.

50.2 For Commissioning:

90% Payment will be made after supply, installation & satisfactory demonstration of the said equipment/work within 30 days from the submission of the bill. However, bill must be submitted along with the copy of relevant proofs of statutory payments, if any as required. Balance 10 % will be released after said warranty period or as per the terms and conditions mentioned in the PO/ WO.

Note : In general no advance payment is made for the supply; however in exceptional case maximum 50% advance payment shall be release against 100% bank guaranty of total PO/contract value – Refer form No.-3.

50.3 Supply will be considered complete/ NOC will be issued only if all relevant

documents, as built drawings, schematic diagram with detailed parameters / sizes, COA, fitness certificate, pressure / temp and load testing certificate of

Page 19

coils & PSV, maintenance manuals, grade certificate of material, guarantee certificate of performance testing at site with FO/LDO (Whichever is applicable) etc.

50.4 Payment will be made only to the bidder or principal authority on whose name the Purchase Order is released. If at any stage the vendor authority says that the payment is to be made to bidder’s financier / creditor or on any name other than the original bidder than the offer will stand rejected and the amount of work or equipment supplied will not be returned.

51 RISK PURCHASE

Without prejudice to other provisions in the tender, in the event of the vendor failing to supply within the stipulated delivery period, The Akshaya Patra foundation shall have the right and option to procure the products from alternate sources, at the risk and cost of the vendor, without further intimation. In case of rejection and with no request for re-test from vendor against the rejection or on confirmation of rejection after re-test, if dispatch of replacement material is not made within mutually agreed time period, TAPF shall have the right to procure the product from alternate sources, at the risk and cost of the vendor, without further intimation.

52 ARBITRATION Any dispute or difference arising under this Contract shall be referred under jurisdiction of Jaipur .

53 TAX FORMALITES & COMPLIANCE WITH REGULATIONS

Vendor shall warrant that all goods covered by this agreement / contract are dispatched and delivered in strict compliance with all applicable laws, regulations, labor agreements, working conditions and technical codes and requirements as applicable from time to time. The vendor shall execute and deliver such documents as may be required to effect or to evidence such compliance. All laws and regulation required to be incorporated in this charter are hereby deemed to be incorporated by these references. The Akshaya Patra and / or their authorized representatives disown any responsibility for any irregularity, contravention or infringement of any statutory regulations in the manufacture and / or supply of goods covered by this agreement / contract.

Page 20

Program Coordinator, The Akshaya Patra Foundation,

Jaipur

I/we also declare that, I/we will abide by all the rules and regulation of the tender; if awarded the Tender. I/we are also aware that the Tender Inviting Authority reserves the right to cancel our Tender in part or full without assigning any reason, what so ever, and for the same, I/we will have no right to challenge the same in any court of law.

Signature of the tenderer With seal of the firm

Date:-

Witness- 1 ___________________

Witness- 2 ___________________

Page 21

ANNEXURE – II

(Kindly refer to another sheet (Named as ANNEXURE – II) for specifications of machines /

equipment’s and civil work)

Page 22

FORM-1 EMD BANK GUARANTEE (EARNEST MONEY)

(To be stamped in accordance with Stamp act) This deed of Guarantee made this ______ day of _______________ 20… by ________________________________________________________________________________

(Name of the Bank) having one its branch at _________________________________ acting through its Manager (hereinafter called the "Bank") which expression shall wherever the context so requires includes its successors and permitted assigns in favor of The Akshaya Patra foundation ________________________________ _________________________(hereinafter called "TAPF ") which expression shall include its successors and assigns. WHEREAS TAPF has invited tender vide their Tender Notice No. ________________________ _______________________________________________ Dated ______________ to be opened on _________________ AND ____________________________WHEREAS M/s ______________ _______________________________________________________________________________ _______________________________________________________________________________,

(Name of bidder) having its office at ______________________________________________________(hereinafter called the "bidder"), has/have in response to aforesaid tender notice offered to supply/ do the job __________________________________ as contained in the tender. AND WHEREAS the bidder is required to furnish to TAPF a Bank Guarantee for a sum of Rs. __________________(Rupees__________________________________________________Only) as Earnest Money for participation in the Tender aforesaid. AND WHEREAS, we ________________________________________________________________

(Name of Bank) have at the request of the tenderer agree to give TAPF this as hereinafter contained. NOW, THEREFORE, in consideration of the promises we, the undersigned, hereby covenant that, the aforesaid Tender shall remain open for acceptance by TAPF during the period of validity as mentioned in the Tender or any extension thereof as TAPF and

Page 23

the Tenderer may subsequently agree and if the Tenderer for any reason back out, whether expressly or impliedly, from his said Tender during the period of its validity or any extension thereof as aforesaid or fail to furnish Bank Guarantee for performance as per terms of the aforesaid Tender, we hereby undertake to pay TAPF Jaipur on demand without demur to the extent of Rs. _________ Rupees __________________________________________________only). We further agree as follows: - 1. That TAPF may without affecting this guarantee extend the period of validity of the

said Tender or grant other indulgence to or negotiate further with the bidder in regard to the conditions contained in the said tender or thereby modify these conditions or add thereto any further conditions as may be mutually agreed to in between TAPF and the Tender AND the said Bank shall not be released from its liability under these presents by an exercise by TAPF of its liberty with reference to the matters aforesaid or by reason of time being given to the bidder or any other forbearance, act or omission on the part of the TAPF or any indulgence by TAPF to the said Tenderer or any other matter or thing whatsoever.

2. The Bank hereby waive all rights at any time in consistent with the terms of this

Guarantee and the obligations of the Bank in terms thereof shall not be otherwise affected or suspended by reason of any dispute or dispute having been raised by the Tenderer (whether or not pending before any arbitrator, tribunal or court) or any denial of liability by the Tenderer stopping or preventing or purporting to stop or prevent any payment by the Bank to TAPF in terms thereof.

3. We the said Bank, lastly undertake not to revoke this Guarantee during its currency

except with the previous consent of TAPF in writhing and agree that any charges in the constitution, winding up, dissolution or insolvency of the Tenderer, the said Bank shall not be discharged from their liability.

NOTWITHSTADING anything contained above, the liability of the Bank in respect of this Guarantee is restricted to the said sum of Rs._____________(Rupees ____________________ ___________________________________only) and this Guarantee shall remain in force till ______________________unless a claim under this guarantee is filed with the bank within 30 (thirty) days from this date or the extended date, as the case may be i.e. up to _______________ ____________________ all rights under Guarantee shall lapse and the Bank be discharged from all liabilities hereunder. In witness whereof the Bank has subscribed and set its name and seal here under.

Page 24

FORM-2

PERFORMANCE BANK GUARANTEE

The Akshaya Patra Foundation C6 – C11, Mahal Yogna, Goner Road, Jagatpura Jaipur Rajasthan - 302017

(With due stamp duty if applicable)

OUR LETTER OF GUARANTEE NO.: ________________________________________

In consideration of Akshaya Patra foundation, having its office at ___________ ___________________________________________________________________ (hereinafter referred to as "TAPF" which expression shall unless repugnant to the content or meaning thereof include all its successors, administrators and executors) and having entered into an agreement dated ________/ issued Purchase /Work Order No. ___________________________dated ______________with/on M/s ____________________________________________ (hereinafter referred to as "The Agency/ Supplier" which expression unless repugnant to the content or meaning thereof, shall include all the successors, administrators, and executors). WHEREAS the Agency/ Supplier having unequivocally accepted to supply the material / services as per terms and conditions given in the BID/Work / Purchase Order No ___________________dated ____________ and TAPF having agreed that the Agency / supplier shall furnish to TAPF a Performance Guarantee for the faithful performance of the entire contract, to the extent of 10% (ten percent) (or the percentage as per the individual case) of the value of the BID/ purchase /Work Order i.e. for _______________________________________________. We, _______________________________________________________ ("The Bank") which shall include OUR successors, administrators and executors herewith establish an irrevocable Letter of Guarantee No. _________________________ in your favour for account of __________________ _________________________________ (The Agency / Supplier) in cover of performance guarantee in accordance with the terms and conditions of the Agreement / Purchase / Work Order. Hereby, we undertake to pay up to but not exceeding ________________ (say ____________ ____________________________________ only) upon receipt by us of your first written demand accompanied by your declaration stating that the amount claimed is due by reason of the Agency / Supplier having failed to perform the Agreement /Purchase /Work Order and despite any contestation on the part of above named agency / Supplier .

Page 25

This letter of Guarantee will expire on _____________________ plus 6 months of claim period and any claims made hereunder must be received by us on or before expiry date after which date this Letter of Guarantee will become of no effect whatsoever whether returned to us or not. _________________________________ Authorized signature Chief Manager/ Manager Seal of Bank

Page 26

FORM-3

ADVANCE BANK GUARANTEE

The Akshaya Patra Foundation C6 – C11, Mahal Yogna, Goner Road, Jagatpura Jaipur Rajasthan - 302017

(With due stamp duty if applicable)

OUR LETTER OF GUARANTEE NO.: ________________________________________

In consideration of Akshaya Patra foundation, having its office at ___________ ___________________________________________________________________ (hereinafter referred to as "TAPF" which expression shall unless repugnant to the content or meaning thereof include all its successors, administrators and executors) and having entered into an agreement dated ________/ issued Purchase /Work Order No. ___________________________dated ______________with/on M/s ____________________________________________ (hereinafter referred to as "The Agency/ Supplier" which expression unless repugnant to the content or meaning thereof, shall include all the successors, administrators, and executors). WHEREAS the Agency/ Supplier having unequivocally accepted to supply the material / services as per terms and conditions given in the BID/Work / Purchase Order No ___________________dated ____________ and TAPF having agreed that the Agency / supplier shall furnish to TAPF an Advance Bank Guarantee for the advance taken, to the extent of ___________ % (_______Percent ) of the value of the BID/ Purchase / Work order i.e. for ___________________ We, _______________________________________________________ ("The Bank") which shall include OUR successors, administrators and executors herewith establish an irrevocable Letter of Guarantee No. _________________________ in your favour for account of __________________ _________________________________ (The Agency / Supplier) in cover of performance guarantee in accordance with the terms and conditions of the Agreement / Purchase / Work Order. Hereby, we undertake to pay up to but not exceeding ________________ (say ____________ ____________________________________ only) upon receipt by us of your first written demand accompanied by your declaration stating that the amount claimed is due by reason of the Agency / Supplier having failed to perform the

Page 27

Agreement /Purchase /Work Order and despite any contestation on the part of above named agency / Supplier . This letter of Guarantee will expire on _____________________ plus 6 months of claim period and any claims made hereunder must be received by us on or before expiry date after which date this Letter of Guarantee will become of no effect whatsoever whether returned to us or not. _________________________________ Authorized signature Chief Manager/ Manager Seal of Bank

Page 28

FORM –4

POWER OF ATTORNEY To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.

Know all men by these presents, We …………………………………………….(name and address of the registered office of the Bidder) do hereby constitute, appoint and authorize Mr./Mrs. …………………………………………………(name and residential address) who is presently employed with us and 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 Response for--------------------------------------------------------------------------------------------------------------------------------------------------, including signing and submission of all documents and providing information / responses to TAPF, representing us in all matters before TAPF, and generally dealing with TAPF. in all matters in connection with our Response to --. We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always be deemed to have been done by us. For ………………………….. [Insert name of the Bidder on whose behalf PoA is executed] ………………….. (Signature) Name: ……………………….. Designation: ……………………….. Accepted ………..………… (Signature of the Attorney) Name: …………………………….. Designation: ...…………………………… Address: ............................................ .................................................................... (Name, Designation and Address of the Attorney) Specimen signatures of attorney attested by the Executant

Page 29

………………………… (Signature of the Executant) ………………………….. (Signature of Notary Public) Place: ………………………… Date: ………………………… Notes: 1) To be executed by Bidding Company or the Lead Member, in the case of a

Bidding Consortium, as the case maybe.

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 executant(s) and the same should be under common seal of the executant affixed in accordance with the required procedure. Further, the person whose signatures are to be provided on the power of attorney shall be duly authorized by the executant(s) in this regard.

Also, wherever required, the executant(s) should submit for verification the extract of the chartered documents and documents such as a Board resolution / power of attorney, in favour of the Person executing this power of attorney for delegation of power hereunder on behalf of the executant(s).

Page 30

ABBERVATIONS

1. TAPF The Akshaya Patra Foundation 2. MDM Mid – Day – Meal 3. EMD Earnest money deposit 4. PBG Performance bank guarantee 5. FDR Fixed deposit receipt 6. LD Liquidated damages 7. GST Goods and services tax 8. COA Certificate of analysis 9. BIS Bureau of Indian standards 10. PO Purchase order 11. WO Work order

Contacts detail for query, if any-

Contacts details for enquires, if any

Name : 1. Amit Keshwa

Mobile No.: +91 9414358354 e-mail : [email protected]

2. Balveer Singh Mobile No.: +91 9799999878 e-mail : [email protected]

3. Raghupathi Dasa Mobile No,: +91 9166155666 e-mail : [email protected]

Regional office Address The Akshaya Patra Foundation, C-6 t0 C-11, Mahal Scheme, Goner Road, Jagatpura, Jaipur (Rajasthan) – 302017

Site Name, address and contact detail

The Akshaya Patra Foundation, Near Central Academy school, Bapu Nagar, Bhilwara, Rajasthan. Contact Person Name : Mahendra Duggar Mobile No. : +91 9828968217