FOOD CORPORATION OF INDIA

REGIONAL OFFICE : KESAVADASAPURAM

PATTOM PALACE P.O. : THIRUVANANTHAPURAM

Phone: 0471-2441011 to 2441016. e- mail: srmke.fci@nic.in

No.S&S.11(2)/OMSS(D)/WHEAT/E-AUCTION/2019-20 Dated : 16.08.2019

Food Corporation of India invites Bids from Traders/ Bulk Consumers for
Sale of Wheat under OMSS(D) lying at various Depots under FCI, Regional Office,
Trivandrum through e- auction.-

The intending Empanelled Traders/ Bulk Consumers of Wheat may participate in

the e-auction conducted by M/s. mjunction Services Ltd on behalf of FCI on the
website www.valuejunction.in/fci as per the following schedule:

(a) Date & Time of Start of e-auction: 11.00 a.m. on 21.08.2019

(b) Date & Time of Close of e-auction: 02.00 p.m. on 21.08.2019

Detailed instructions to Bidders and Terms & Conditions governing the

e- auction may be seen at www.valuejunction.in/fci

Food Corporation of India reserves the right to reject any or all Bid(s) or cancel or
withdraw any lot or quantity of stocks and/ or scrap the Sale of Wheat through e-
auction at any stage without assigning any reasons and without any liability.

Sd/-
GENL.MANAGER(KERALA)

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Sale of Wheat to the Empanelled Traders/ Bulk Consumers of Wheat under
OMSS (D) lying at various Depots under FCI Regional Office, Trivandrum
through e-Auction (Auction No.S&S.11(2)/OMSS(D)/WHEAT/E-AUCTION/2019-
20 dated 16.08 .2019)

On behalf of the Food Corporation of India, General Manager(Kerala), FCI,

Regional Office, Trivandrum, invites Bid(s) through M/s. mjunction Services Ltd for
Sale of Wheat lying at FCI Depots, the details of Depot-wise quantity offered is
indicated in Appendix-I, in FCI Kerala Region on as is where is basis only from
Bulk Consumers/ Traders of Wheat already by FCI/ M/s. mjunction Services Ltd
prior to the date of invitation of Bid(s) for e-auction. The Terms and Conditions
governing the Sale and the instructions to be followed for submitting the Bid are set
out below and as depicted in Appendix- IV

Instruction to Bidders and Terms & Conditions governing e- auction

1. DEFINITIONS:

i) The term „Trader/Bulk Consumer‟ shall mean Bulk Consumers/Traders of

Wheat.
ii) The term „e-auction‟ shall mean auction of food grains through the e- auction
platform of the Service Provider M/s. mjunction Services Ltd.
iii) The term „Corporation‟, “Food Corporation” and “FCI” wherever occurs shall
mean the Food Corporation of India established under the Food
Corporations Act.1964.
iv) The term Service Provider, shall mean M/s mjunction Services Ltd., which
has been appointed by FCI for conducting e-auction on its behalf.
v) The term “General Manager” shall mean the General Manager of Food
Corporation of India under whose administrative jurisdiction, the Food
Corporation Depots/ Godowns to which the contract relates fall. The term
“General Manager” shall also include the Deputy General Manager, Area
Manager and any other officer authorized for the time being to execute
contracts on behalf of the Food Corporation of India.
vi) The terms „Buyer/ Intending Buyer/Bidder‟ shall mean and include the person
or persons, firm or company with whom the contract has been entered into
including their heirs, executors, administrators, successors and their
permitted assignees as the case may be.
vii) The term „foodgrains‟ shall mean and include Wheat stocks conforming to
prescribed quality parameters of „issuable foodgrains‟ and fit for human
consumption.
viii) The term “deposit through electronic mode” means the transfer of
amount through NEFT/RTGS/any other electronic mode from the Bidder‟s
bank account to the designated Bank Account of FCI.
ix) Validity period of bids under e-auction shall mean seven (7) working days
from the date of Auction.

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2. Only those Bidders who are with FCI and already registered with
M/s. mjunction Services Ltd before the day of issue of this Notice of e-
auction on M/s. mjunction Services Ltd/FCI website are permitted to
participate in the e-auction. The requirements of empanelment are to be read
and construed as part and parcel of this document and binding on the
Bidders. The empanelment of interested Bidders is an ongoing and
continuous process and those Bidders who are interested to get
themselves may contact help desk provided by M/s. mjunction Services Ltd
on Toll Free No. 18001027136.

3. The details of bidding and process of e-auction is available at Appendix II

of the MTF, which may be read and construed as part of these Terms &
Conditions. Bidders are advised to acquaint themselves with the bidding
procedure before bidding. Bidder may also contact helpdesk provided by
M/s. mjunction Services Ltd on Toll Free no 18001027136.

4. INSPECTION OF STOCKS :The stocks may be inspected by the Intending

Bidder(s) on the production of empanelment letter at the Godown(s)/ Depot
(s) from where the stocks have been offered ( as per Appendix- I) during
working hours on any working day of FCI prior to the day of e-auction.

5. EARNEST MONEY DEPOSIT (EMD):

(i) Bidder has to electronically deposit EMD calculated @ 10% of the cost of
stocks intended to be purchased at the Reserve Price of Wheat per quintal
for each depot as mentioned in the Tender Notice. The EMD has to be
credited through electronic mode in the designated FCI Bank Account
No.33642773715 (IFS Code SBIN0003355), State Bank of India, Pattom
Branch, Trivandrum one day prior to the start of e-auction in single
installment only. It is the responsibility of the Bidder to ensure that such
payment is credited to FCI Account within the scheduled time.

(ii) If EMD is not credited in the designated Bank Account of FCI one day prior
to the start of e-auction or Bids is submitted without/ with insufficient EMD it
shall be summarily rejected and Bidder shall not be allowed to participate in
the bidding process.

(iii) EMD furnished by the bidder shall be forfeited, if the bidder withdraws his
offer or modifies the terms & conditions thereof or does not keep his offer
open for acceptance during the validity period or resiles from the offer or fails
or neglects to observe/perform any of the obligations under the contract or
violates any of the terms of contract subject to clause10 A (iii) and 10 A(vi).

(iv) The EMD of all unsuccessful Tenderers shall be refunded within three (3)
working days from the date of issuance of acceptance letter to the
successful Bidder. However, no interest shall be payable for delay in refund
of EMD, in any case.

6. SIGNING OF BID DOCUMENT :During participation in the bidding process,

Bidder has to electronically accept the Terms and Conditions of e-auction for
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 Sale of Wheat under OMSS(D) for Bulk Consumers/Traders. Participation in
the e- auction signifies the express consent of the Bidder to his acceptance
of all Terms & Conditions of the e- auction.

7. SUBMISSION OF BID(S):

(i) The Bidder(s) shall participate in the e-auction separately for each Depot.
The Bidder shall quote the rate per Quintal at or above the Reserve Price of
Wheat per quintal for each depot as mentioned in the Tender Notice.
Applicable taxes will be levied extra. Each Bid by Bulk consumer/trader
shall be for a minimum quantity of 50 MT and total quoted quantity for all
the depot(s) put together in an e-auction shall not exceed 5000 MT. Each
bid by State/UT Government shall be for a minimum quantity of 50 MT and
total quoted quantity for all the depots put together in an e-auction shall
not exceed 50000 MT.

(ii) Once submitted, the Bids can be modified only upward in terms of either rate
[in multiples of Rs. 5/- (Rs. Five)] or quantity (in multiples of 50 MT) or both.
All Bid(s) shall be irrevocable. The Bidders are not permitted to withdraw the
Bids. Bidders shall keep their offers open for acceptance for seven (7)
working days from the date of e-auction, failing which the EMD furnished by
the Bidders is liable to be forfeited.

8. ACCEPTANCE OF BIDS :

For acceptance of Bids, each Depot shall be treated as a Separate Unit.

Bid(s) will be accepted on the principle of Price, Time and Quantity. For
each Depot, first the quantity as quoted by H-1 will be approved at H-1 rates.
Then the quantity as quoted by H-2 will be approved at H-2 rates. This
process will continue till the Depot-wise quantity offered is exhausted. In
case of similar rate being quoted by multiple Tenderers at any stage i.e. H1,
H2…etc, the available quantity (if less than the total Bid quantity) shall be
accepted on “first quoted first allotted basis” i.e. the Bidder who has quoted
the rate first will be allotted the Bid quantity subject to availability of stocks
for allocation. In case of similar rate being quoted by multiple Tenderers at
the same time, the Bidder who has quoted for the higher quantity shall be
allotted the Bid quantity subject to availability of stocks for allocation.

09. Communication of Acceptance :

The contract, if any, which may eventuate from the e-auction, shall be
governed by the Conditions as mentioned in the Terms and Condition(s) for
e-auction, its Appendices and Annexures, Notice Inviting Bid and
Acceptance Letter.

After the close of the e–auction, Acceptance Letters will be communicated to

the successful Bidders by e-mail in the e-mail ID provided by the Bidder at

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 the time of empanelment and the same can also be viewed by logging into
the system at www.valuejunction.in/fci

The acceptance of the Bid by the General Manager or an officer authorized

by him on his behalf shall constitute the contract between the Bidder and the
Food Corporation of India and no separate Agreement is required to be
executed after the issue of the Acceptance Letter.

10. PAYMENT OF COST & DELIVERY SCHEDULE:

A.i) Price of Wheat shall be payable on the net weight basis. All taxes, levies,
fees, charges etc. of any nature whatsoever leviable by any authority in
respect of the Sale of Wheat through e-auction shall be payable by the
Buyer in addition to the Sale Price of Wheat.

ii) The EMD furnished by the successful bidders shall be adjusted towards the
cost of stocks and applicable taxes. The successful bidder(s) shall deposit
remaining cost of the stocks along with applicable taxes within seven (7)
working days from the next date of issue of the acceptance letter in FCI
Bank Account No. 33642773715 through electronic mode.

In case, the allotted quantity is equal to or more than 2000 MT, on the
request of buyer, FCI may allow extension in period of deposit of cost of
stocks and applicable taxes for a maximum period of another 7 working
days. However, penal interest of 2% over and above the Bank rate at which
the FCI is borrowing would be charged upto date of deposit of cost beyond
free period of 7 working days. The total cost in respect of the entire
stocks allotted from various depots against e-auction no
S&S/11(2)/OMSS(D)/Wheat/e-auction/2019-20 dated 16.08.2019 shall be
deposited by the buyer in maximum two installments within the above
prescribed period.
Release order can be downloaded by the bidder only after deposition
of full cost along with applicable taxes and no part Release Order shall be
issued. In case of Inter-State sale, the buyers have to opt for one out of two
options i.e. with „C‟ form and „without „C‟ form‟. For the purpose of depositing
the cost of stocks/lifting of stocks, the day of communication of acceptance
shall not be counted.

iii) The reserve price of wheat is subject to upward revision every quarter.
If the lifting takes place in the subsequent quarter then the differential
amount @ Rs. 55/- per Quintal (i.e. difference in the reserve price of the
quarter of allotment and the quarter of lifting) plus
taxes/levies/fee/charges etc. shall be defrayed by the bidder (s) for the
unlifted quantities notwithstanding the price quoted by the bidder and
lifting period failing which an amount equivalent to value of the unlifted
quantity or amount equivalent to EMD, whichever is lower, shall be
recovered/ forfeited and the balance amount if any shall be refunded to
the bidder.
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iv) In case the successful Bidder fails to deposit the balance cost along with
applicable taxes & levies within the stipulated time, his Bid is liable to be
cancelled and the EMD furnished will be forfeited. No extension of time will
be granted for Deposit of Cost at any circumstance.

v) The buyer shall complete the lifting within free period of fourteen (14)
working days from the next date of communication of acceptance by FCI.

vi) After Fourteen (14) working days, on the request of buyer, Area Manager,
FCI may allow the extension for a maximum period of another Fourteen (14)
working days for lifting the stocks from FCI godowns on payment of storage
charges in case the allotted quantity is less than 2000 MT.

In case, the allotted quantity is equal to or more than 2000 MT, on the
request of buyer, Area Manager, FCI may allow the extension for a maximum
period of another Twenty One (21) working days for lifting the stocks from FCI
godowns on payment of storage charges.

The lifting of stocks in the extended period beyond free period of fourteen
(14) working day shall be on payment of storage charges at the rate of 50 paise per
qtl. per day subject to total minimum of Rs. 2000/-. These storage charges shall be
recovered in respect of the unlifted quantity of stocks during the extended period
(actual period for which the stocks remain in the godown). After expiry of twenty
eight (28)/ thirty five (35) working days as the case may be, no further extension will
be granted and an amount equivalent to value of the unlifted quantity or amount
equivalent to EMD, whichever is lower, shall be recovered/ forfeited and the
balance amount if any, to be refunded to the bidder.
vi) In case, FCI is unable to provide the full/part quantity from a Depot approved
in the tender due to non- availability of stock or operational constraints of
FCI, the shortfall in the quantity may be offered by the concerned Area
Manager from other Depot(s) on the request of the Buyer without any
additional cost to FCI, subject to availability.

vii) FCI will not be responsible for delayed receipt of payment of EMD / Cost due
to failure of third parties like Banks etc.

viii) If the successful Bidder is unable to lift the allotted stocks within the
stipulated period of lifting because of operational difficulties of FCI or
reasons beyond human control (Force Majeure) the concerned General
Manager, Region, FCI may consider to refund the balance amount
equivalent to the unlifted stocks of Wheat based on merit of each case,
provided Force Majeure event is notified by the Tenderer to FCI in writing
within seven (7) days of occurrence of such event. A speaking order has to
be passed by General Manager, Region elaborating the operational
difficulties of FCI and action taken if such difficulties are caused due to
negligence. Under no circumstances, stocks shall be delivered to any
successful Bidder after the expiry of the stipulated delivery period.

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(B) The food grains will be sold on “as is where is basis”.

(C) The Food Corporation of India reserves the right to withdraw from the Sale of
any quantity included in the e-auction prior to the acceptance of offer(s).

(D) The Buyer shall make his own arrangement for transport and will not be
entitled to claim any facility or assistance for transportation from the Food
Corporation of India. However, the stocks shall be loaded in the trucks of
the successful Bidder at the cost of FCI.

(E) In case the successful Bidder wishes to take delivery of the stocks, through a
representative, he (Buyer) must authorize such representative through a
Letter of Authority in prescribed format (Appendix-III) which shall be
presented to the Depot in-charge of concerned Depot. Depot in-charge after
verifying the bonafides of the Authorized Representative/Letter of Authority
shall issue the stocks to Authorised Representative. However, such Delivery
shall be at Buyer‟s sole responsibility and risk and no claim whatsoever,
shall lie against the Food Corporation of India on any account, if delivery is
effected to a wrong person.

(F) The FCI shall deliver stocks on 100% weighment basis. The weighment slip
shall be prepared in triplicate and signed by the Buyer/his Representative in
token of acceptance of quantity & quality.

(G) Delivery shall be given only during working hours on all FCI working days on
presentation of the copy of the Release Order digitally signed by FCI and
M/s. mjunction Services Ltd, by the Buyer/his Representative to the Depot
in-charge.

(H) The Food Corporation of India does not guarantee to make available any
definite quantity to the Bidder.

(I) The Food Corporation of India reserves the right to accept or reject the
Bid(s), without assigning any reason.

(J) The Bidders shall make their arrangements for obtaining permits, if any
required from the State Government /any other authority.

(K) The Wheat so purchased from FCI under OMSS through e-auction will be
utilized domestically and shall not be exported by the Bidder. If the Bidder
violates any of the Terms and Conditions of the empanelment or found to be
furnishing any wrong/false information at any stage, then in addition to
forfeiture of EMD, Bidder will be debarred from participating in future tenders
floated by FCI for disposal of foodgrains and coarse grains for a period of
one year.

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11. CORRUPT PRACTICES:
If any bribe, commission, advantages offered or promised by or on behalf of
the Tenderers to any Officer/ Employee/ Servant of the Corporation and M/s.
mjunction Services Ltd, then such Bidder(s) shall be debarred from the e-
auction in addition to initiating criminal action. Canvassing in any form on the
part of the Bidder on or his behalf will also make his tender liable for
rejection.

12. INDEMNITY:
The Bidder shall defend, indemnify and hold FCI and their respective
Officers, Directors, Agents, and Employees, harmless during and after the e-
auction against any and all liabilities, damage, claims, fines, penalties,
actions, procedures and expenses of any nature arising out of, resulting from
any violation of any laws by the Bidder any way connected with the acts,
negligence, breach, failure to perform obligations relating to the Bidder.

13. COMPLIANCE OF LAWS: Both FCI and Bidder shall comply and abide by
all applicable laws including without limitation all applicable Rules made
thereunder.

14. LIMITATION OF LIABILITY: In no event shall FCI be liable for any direct
or indirect or consequential damage of any kind suffered by the Bidders or
their Agents or Beneficiaries, in connection with the Sale of food grains
through e-auction and/or use of e-auction platform of the Service Provider.

15. GOVERNING LAW & DISPUTES RESOLUTION:

The grievances of the affected Bidders and General Public will be decided
by GM(Region) FCI in a time bound manner and if Bidder(s) is not satisfied/
still aggrieved with the decision of GM(Region), an appeal lies to concerned
ED(Zone) FCI. Any unresolved disputes between the Bidder(s) to the
contract will be settled in the Court of Law of competent jurisdiction in
Kerala.

The contract shall be governed and interpreted in accordance with the Laws
of India in force.
( Sd/- )
For and on behalf of Food Corporation of India
General Manager(Kerala),
Food Corporation of India,
Regional Office,
Trivandrum.

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 Appendix – I

Details of Depot-wise quantity of Wheat offered to Traders/ Bulk Consumers of

Wheat under OMSS (D) lying at various Depots under FCI Regional Office,
Trivandrum through e-auction (Auction Notice No.S&S.11(2)/OMSS(D)/Wheat/
e-auction/2019-20 dated: 16.08.2019) for e-auction on 21.08.2019.
Details of quantity offered
SI. Quantity
Name of Depot Base Freight Reserve
No. of Wheat Price rate RTC rate Price
(in MT) (Rs./Qtl) (Rs./Qtl) (Rs./Qtl) (Rs./Qtl)
FSD Kazhakuttom (DO
1 4500 2135 338.92 2.1 2477
Trivandrum)
FSD Mulamkunnathukavu
2 2500 2135 322.13 1.12 2459
(DO Thrissur)
FSD Olavakkode
3 8000 2135 318.07 1.36 2455
(DO Palakkad)
FSD Payyannur
4 11000 2135 318.07 1.19 2455
(DO Kannur)

TOTAL 26000

GRAND TOTAL : 26000 MT (Twenty Six Thousand MT only)

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 APPENDIX-II
Format of rates to be quoted in the e-auction platform

Go to www.valuejunction.in/fci and enter your login credentials (login name and

password)

LIVE AUCTIONS → MTF list visible → Agree to MTF terms and conditions (Click
checkbox and then “I Agree”)

Click on “View Auction Floor”

FCI region MTF reference List of MTFs

visible here number visible here

10
Details of depots under the MTF (Auction timing, Auction quantity, Reserve Price)
visible

11
 APPENDIX - III

ON NON JUDICIAL STAMP PAPER OF Rs. 100

LETTER OF AUTHORITY

I/WE……………………………….S/O……………………………
PROPRIETOR/PARTNER/DIRECTOR OF
M/S……………………………………………., ADDRESS, DO HEREBY
AUTHORISE SHRI……………………………S/O……………………………FOR
TAKING DELIVERY OF THE STOCKS ON MY/OUR BEHALF ALLOTTED TO
ME/US IN THE E- AUCTION DATED …………. RELEASED BY FOOD
CORPORATION OF INDIA, REGIONAL OFFICE, ________________________
VIDE RELEASE ORDER NO. …. DATED ….
SIGNATURE OF THE AUTHORISED REPRESENTATIVE

IS ATTESTED AS UNDER.

SIGNATURE OF AUTHORISED REPRESENTATIVE

WE ARE BOUND BY THE ACTS OF OUR AUTHORISED REPRESENTATIVES

AND CONFIRM AND RATIFY THE ACTIONS AND DEEDS OF THE SAID
AUTHORISED REPRESENTATIVE AND UNDERTAKE AND DECLARE THAT
THE STOCKS DELIVERED TO THE AUTHORISED REPRESENTATIVE IS
COMPLETE AND CONCLUSIVE DISCHARGE OF FCI FROM ITS
CONTRACTUAL OBLIGATIONS.

(PROPRIETOR/PARTNER/DIRECTOR)

( ATTESTED BY NOTORY PUBLIC WITH NOTORY STAMP & SEAL)

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 APPENDIX - IV
Guidelines for Sale of Wheat through e-auction:

1. Wheat shall be sold through the process of e-auction to the empanelled bulk
consumers /traders.

2. The e-auction shall be a two stage process;

(i) Empanelment of bulk consumers/traders: Empanelment of bulk

consumers/traders shall be carried out by the Service Provider appointed by FCI
(M/s. mjunction Services Ltd. at present). However, the existing empanelled bulk
consumers/traders who have already been issued user id and password may
directly participate in the e-auction.

(ii) E-auction by the service provider on electronic platform.

3. GMs (Region) shall give wide publicity to the scheme by giving

advertisement and press releases in one National daily and one Regional daily
having wide circulation in State/UT besides hosting the same on FCI website,
Service Provider‟s website, informing the prospective buyers about :-
(i) Open sale of Wheat indicating the quantity intended to be auctioned
and reserve price for same.
(ii) Empanelment of buyers for bulk sale.
(iii) Dates for conducting e-auction in the month.

4. The Service Provider shall empanel the bulk consumers/traders on the

basis of following documents after due verification. The process of empanelment is
to be completed within two days of receipt of the application alongwith following
documents:

(i) A self- attested copy of the current GST/Trade Tax Registration.

(ii) A self-attested copy of PAN issued by Income Tax Department.

(iii) Self-attested copies of the latest Registration Certificate (RC) under

State GST Act and the latest Annual/quarterly/monthly GST return .
In case of newly established firm or the existing firms which have
recently started to deal in the business of Wheat, copy of the
application submitted with the Tax authority to include Wheat in the
Registration Certificate (RC) under GST is to be furnished. The GST
return shall evidence that the firm is dealing in the business of
Wheat, failing which the firms shall submit copy of additional
documents, to evidence that the firm is dealing in the business of
Wheat such as attested copy of latest Annual balance-sheet and
profit & loss account duly audited by a chartered accountant.
13
 (iv) An Undertaking on a stamp paper of Rs 100/-- that the Wheat so
purchased from FCI under OMSS(D) will be utilized domestically
and will not be exported by the bidder.

The Service Provider will ensure that the documents relating to technical
qualifications are valid during the currency of the auction including lifting period.

5. Thereafter, the Service Provider will intimate the buyers about their
empanelment and advise them to deposit Rs. 1000/-(Rs. One Thousands only) in
its account for registration and issuance of user id and password. Service provider
will generate user id and password within two days of receipt of requisite amount
and communicate the same to the empanelled buyers. Empanelled buyers may
contact Service Provider in Toll Free Number 18001027136 for any query. The
Service Provider shall intimate the details of such parties immediately to concerned
Regional Office.

6. The empanelment shall be an ongoing process through Service Provider.

The Service Provider shall furnish copy of the documents alongwith complete
details of the fresh empanelled parties such as name, address, contact/mobile/e-
mail, TAN/GST details, bank details etc. to concerned Regional Office by 7 th of the
next month.

7. Only those parties, who are empanelled with FCI and registered with
Service Provider(M/s. mjunction Services Ltd) before the day of issue of notice of e-
auction on M/s. mjunction Services Ltd /FCI website shall be permitted to
participate in that e-auction. Newly empanelled buyers can however participate in
subsequent e-auction(s) after receiving user id and password from Service
Provider.

8. Parties empanelled in one State/UT can participate in the E-Auction of other

States/UTs.

9. Depot-wise bids would be invited by R.O, FCI. In case of major Wheat

procuring States, bids for depots keeping in view the demand and after ensuring
that no additional transportation expenditure is involved be invited. In case of other
States, tenders may be invited from depots as decided by GM(Region)FCI. In case
of States, which are not connected by rail but where intervention is required, bids
may be invited by R.O, FCI in non rail fed depots also with the approval of
concerned ED(Zone). The quantity to be tendered from the depots would be
decided by GM(Region),FCI within overall quantity decided by Government for
each State/UT. In case, FCI is unable to provide the full/part quantity from a depot
approved in the tender, due to non- availability of stock or operational constraints of
FCI, the shortfall in the quantity may be offered by the concerned Area Manager
from other depot(s) on the request of the buyer without any additional cost to FCI.
14
 While selecting the depots for offering Wheat under e-auction, GMs(Region)
shall follow the instructions contained in QC Division Lr.no.Q.C.6(1)/Storage
Instructions/2014-15 dated 20.01.2016, corrigendum dated 22.01.2016 and other
instructions in vogue issued from time to time in relation to maintenance of FIFO
principle.

While offering stocks from various depots under OMSS(D), GM(Region) may
take into account depots incurring high demurrage.

10. The minimum quantity of Wheat that a bidder can bid in an e-auction
conducted by a Region for a State/UT is 50 MT. The maximum bidding quantity
per bidder for all the depots put together in a single e-auction shall not exceed 5000
MT. The quantity of wheat that a State/UT Government can bid for all the depots
put together in a single e-auction shall be from 50 MT (Minimum) to 50000 MT
(Maximum).

11. Depot-wise quantity offered and reserve price would be provided to the
service provider by the respective GMs (Region) to enable the service provider to
invite bids on specified day/date. While conducting the e-auction, the service
provider shall provide Notice of e-auction by e-mail and SMS to all empanelled
buyers three days before conduct of each e-auction. The service provider shall also
forward a copy of the notice to the concerned GM (Region) of FCI to facilitate its
uploading on the FCI website. Copies of e-auction notices may also be circulated
by the service provider to known associations of traders/bulk consumers of Wheat
at the National, State or UT level. Besides, the detailed Notice of e-auction shall be
made available in the website of the Service Provider

12. The Service Provider shall ensure that the prospective bidder shall have to
accept the terms & conditions governing the sale of Wheat under OMSS (D) at the
time of participating online in every e-auction, before their bids are processed.

13. GM (Region) FCI shall operate the already opened separate Cash Credit
account for the purpose of e-auction of Wheat and provide view right to the service
provider. The Earnest Money Deposit (EMD), as applicable shall be deposited by
the bidders in the said separate Cash Credit Account. The EMD of unsuccessful
Bidders shall be refunded by FCI on the advice of the Service Provider within three
working days through NEFT/RTGS from the date of finalization of auction. The
EMD of successful bidders will be adjusted against the cost of stocks.

15
14. The auction window shall be kept open from 11.00 A.M. to 2.00 P.M. on
the day of auction. During the bidding process, the participating Bidders shall be
able to see the highest depotwise quoted rate only.

15. For acceptance of tender, each depot shall be treated as a separate unit.
After completion of e-auction, the service provider shall prepare a list of bidders in
descending order (from highest bid to the lowest bid). Bid(s) will be accepted on the
principle of Price, Time and Quantity. For each depot, first the quantity as quoted
by H-1 will be approved at H-1 rates. Then the quantity as quoted by H-2 will be
approved at H-2 rates. This process will continue till the depot-wise quantity offered
is exhausted. In case of similar rate being quoted by multiple tenderers at any stage
the available quantity (if less than the total bid quantity) shall be accepted on “first
quoted first allotted basis” i.e the bidder who has quoted the rate first will be allotted
the bid quantity subject to availability of stocks for allocation. In case of similar rate
being quoted by multiple tenderers at the same time, the bidder who has quoted for
the higher quantity shall be allotted the bid quantity subject to availability of stocks
for allocation.

At the end of the auction, the Service Provider shall furnish the following details
electronically to the concerned FCI Regional Office by 3.00 P.M. on the same day:

(i) Depotwise list of successful bidders alongwith details of the bid.

(ii) Quantity indented and quantity accepted
(iii) Details of EMD etc.
(iv) List of unsuccessful bidder alongwith the details of the EMD deposited by
them.

16. GM (Region) will immediately verify the receipt of EMD of the successful
bidder in the system itself and only after authorization by GM(Region), the Service
Provider will communicate to the successful bidders electronically on the same day
and ask them to deposit the balance cost of stock including taxes/levies, as
applicable, directly into the separate FCI Cash Credit Account.

17. After verifying collection of the sale proceeds including Taxes/Levies, as

applicable deposited by the successful bidder directly in the separate Cash Credit
Account, the Service Provider will forward digitally signed release order to the
concerned Area Manager. Simultaneously the concerned FCI RO shall confirm
electronically the receipt of the sale proceeds to the concerned FCI Area Manager.
The digitally signed release order forwarded by the Service provider will be checked
and digitally signed by FCI Area Office in the system itself. Finally, the release
order duly digitally signed by the service provider and authorized officer of
concerned Area Office with a minimum class-II level digital signature will be
generated by the successful Bidders for taking delivery from specified Depot of FCI.

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18. For the purpose of deposition of cost of stocks/lifting of stocks, the day of
communication of acceptance shall not be counted.

19. The grievances of the affected bidder(s) and general public will be decided
by GM (Region) in a time bound manner and if bidder(s) is/are not satisfied/ still
aggrieved with the decision of GM(Region), then appeal may be made to
ED(Zone)s. Further, any unresolved disputes between the parties to the contract
will be settled in the Court of Law of competent jurisdiction.

The contract shall be governed and interpreted in accordance with the Laws of
India in force. The Courts at Kerala shall have exclusive jurisdiction to adjudicate
the disputes arising out of the contract.

20. A list of successful bidders along with details of quantity of Wheat allotted
and the accepted quotes would be hosted on the website of service provider as well
as that of FCI.

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