INSTRUCTION TO TENDERERS

1. The tenderer will have to make payment of Rs.500/- (Five hundred) in the shape
of bank draft payable at Bilaspur HP drawn in favour of Deputy Director of
Fisheries (Hqr) Bilaspur, HP-174001. The tenderer is required to upload the bank
draft along with technical bid and furnish the same on or before the date of opening
of tender.

2. Bid security of Rs 500,000/- (Rs. five lacs only) in the shape of Fixed Deposit
Receipt only, duly pledged in favour of Director cum-Warden of Fisheries
Himachal Pradesh, Bilaspur-174001 should be furnished on or before the date of
opening of tender. The firms registered with Controller of Stores / State Government
are exempted from furnishing bid security/ earnest money along with their bids and
in such cases the tenderer must send attested copy of the registration certificate.
The bid security of unsuccessful bidder (s) shall be refunded to them at the
earliest after the expiry of final validity period of the bid as stipulated in the
tender document and the bid security of successful bidders shall remain in the
custody of the Department till the completion of contract.

3. The tenderer will have to submit their “Technical Bid” and “Financial Bid” in two
separate covers online as specified in the NIT.

4. In the “Technical Bid”(cover-I) bidder is required to upload online the following

documents .

a) Letter of authorization, in case representative is sent to participate in the tender

opening process.
b) Bank draft for “Cost of Tender” payable at Bilaspur HP drawn in favour of
Deputy Director of Fisheries (Hqr) Bilaspur, HP-174001.
c) “Bid Security” in the shape of Fixed Deposit Receipt only, duly pledged in
favour of Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur-
174001
d) Copy of Registration under GST Act.
e) Income tax return for the Assessment Year 2019-20.
f) PAN Number.
g) Proof regarding dealing in supply/ manufacturing of items(tender period) for
which rates quoted.
h) Tender document (Instructions to tenderers, Annexure-I &II and agreement)
duly singed (each page) by the tenderer.
i) As per condition No. 11, valid drug license/ manufacturing license in case of
manufacturer or Authorized dealership certificate alongwith drug license/
manufacturing license of concerned firm in case of supplier.

5. In the “Financial Bid” (Cover-II)(only online) the rates should be quoted by the
tenderer in the “Bills of Quantity (BOQ)/Price schedule” in figures and words . If
there is any discrepancy in the rates between figure & words, the rate quoted in
words will be taken as correct for the purpose of evaluation.
6. The tenderers shall also have to produce original/ Self attested
copies of the following documents alongwith samples at 11.00AM
before the time of opening of Technical Bid/ tenders:-
a) Letter of authorization, in case representative is sent to participate in the tender
opening process.
b) Bank draft for “Cost of Tender” payable at Bilaspur HP drawn in favour of
Deputy Director of Fisheries (Hqr) Bilaspur, HP-174001

c) “Bid Security” in shape of Fixed Deposit Receipt only, duly pledged in favour
of Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur-174001
d) Copy of registration under GST Act.
e) Copy of Income tax return for the Assessment Year 2019-20.
f) Copy of PAN Number.
g) Proof regarding dealing in supply/ manufacturing of items(tender period) for
which rates quoted .
h) Tender document (Instructions to tenderers, Annexure-I & II and agreement)
duly singed (each page) by the tenderer.
i) As per condition No. 11, valid drug license/ manufacturing license in case of
manufacturer or Authorized dealership certificate alongwith drug license/
manufacturing license of concerned firm in case of supplier.

7. First of all “Technical Bid” will be opened by the TOC online. Non-
submission/incomplete submission of any of the required documents shown at Sr.
No.4(a to i) and Non-submission/incomplete submission of any of the required
documents shown at Sr. No.6(a to i) physically or if documents submitted online/
physically are found invalid/ mismatching by TOC, the tenderer shall disqualify and
his “Financial Bid” shall not be opened.

8. In the event of quotations being submitted by a firm, it must be signed separately

by each member thereof, in the event of the absence of any partner, it must be
signed on his behalf by a person holding a Power of Attorney authorizing him to do
so or in the case of a company the quotations should be executed in the manner laid
down in the said Company’s Article of Association. The signatures on the quotations
should be deemed to be authorized signatures.

9. No tender will be considered unless and until all the documents including tender
document are properly signed.

10. The detailed specification/ chemical composition of intended items in the NIT is
as under :-

Fish Feed Ingredients

Sr. Name of ingredients Quality criteria Tentative Earnest
No. Quantity Money
(in KG) Rs.
Tentative tender value = 174.00 lacs
1. Fish Meal
i) Crude Protein >58-60%
ii) Crude Fat <8% 122000 Kg
iii) Sand Silica <2% (Good
 IV)Salt (NaCl) <2% quality std.
V) Moisture 6-8% nylon sacs
Vi) Total Volatile <0.2% of 50 Kg
Nitrogen each)
Vii) Antioxidant 200 PPM sprayed
in liquid form. Fish
Meal should be
finely grounded
with particle size 5,00,000/-
less than 0.25mm.
2. Whole wheat -- 23000 Kg
(std Nylon
sacs of
50Kg each)
3. De-Oiled Soya cake 23450 Kg
I) Protein >48% (Std. Nylon
ii) Fat <2% sacs of 50
iii) Sand/ Silica <2.5% Kg. each)
4 Lin Seed Oil 8630 Kg
i) Peroxide value <5meq/Kg (Pvc
ii) Anisdine value <10meq/Kg container of
iii) Nitrogen <1% std. volume
Iv) Colour Absolutely fresh 200 Kg.
golden yellow. each)
v) Antioxidant 500ppm
vi) Moisture 1%
5 Yeast 4800 Kg
i) Crude protein 45-48% (Four
ii) Fat <2% seasons
iii) Moisture <8% standard
iv) Crude Fibre <6% packing)
6 Choline Chloride 60% cereal based 450Kg
7 Vitamine-C stay C -- 320 Kg
(coated) (Standard
packing)
8 Mineral Mixture 1069 Kg
i) Calcium 30% (Standard
ii) Copper 0.05% packing)
iii) Zn 0.04%
iv) Magnesium 0.04%
v) Cobalt 0.09%
vi) Iron 0.40%
vii) Iodine 0.02%
viii) Manganese 0.40%
ix) BHT (Antioxidant) 0.07%
 x) Phosphorous 9%
9 D.L Methionine -- 350Kg
(standard
packing)
10 Indomix BE -- 485 Kg
11 Indomix AB2D3K -- 48Kg
12 Vitamin E 50% with selenium 203Kg
carrier
13 Vitamin H(Biotin) -- 195 Kg
14 Inositol Food grade 44 Kg
15 Folic Acid -- 2.4Kg
Fish Oil -crude
16 i) n-3Poly-unsaturated >24%
fatty acids
ii) Peroxide value <5 meq/ Kg
iii) Anisidine value <10meq/ Kg 2000Kg
iv) Moisture <1%
(Standard
v) Iodine Value >135
packaging
vi) Free Fatty Acid <5% of 200Kg)
vii) Nitrogen <1%
viii) Anti oxidant 500ppm
ix) Total pesticides <0.4ppm
x) PCBs <0.6ppm
17 De-oiled Rice Bran -- 5950 KG
18 De-oiled Mustard -- 4950KG
Cake
19 Maize -- 5600KG
20 DDGS (Distilled Dried -- 350KG
Grain and Soluble)
21 Grade/ size of floating Composition Tentative
Fish Feed quantity
i) Pre-Starter-I Crude Protein Min. - 6100.00KG
(200micron) 50%
Crude Fat Min. - 8%
Fiber Max. -3%
Moisture Max. -11%
ii) Pre-Starter-II Crude Protein Min. -
(1.2mm) 36% 5200.00 Kg
Crude Fat Min. - 5%
Fiber Max. -4%
Moisture Max. -11%
iii) Starter(2mm) Crude Protein Min. -
32% 2500.00 Kg
Crude Fat Min. - 5%
Fiber Max. -5.5%
 Moisture Max. -11%
iv) Grower(3mm) Crude Protein Min. -
28% 25033.00Kg
Crude Fat Min. - 4%
Fiber Max. -6.5%
Moisture Max. -11%
v) Grower(4mm) Crude Protein Min. -
24% 3800.00Kg
Crude Fat Min. - 3%
Fiber Max. -7.5%
Moisture Max. -11%

11. The tenderers are required to submit samples(in two sets) of items given in
tender document at Sr. No. 10(1), 10(3),10(4), 10(5),10(16) & 10(21{i to v})
alongwith analysis report from ISO Laboratory, and only samples of items
given at Sr. No. 10(2),10(17),10(18) & 10(19), duly sealed and marked in two
separate covers(two sets), failing which tenders will be rejected summarily.
Samples produced by the tenderers will be inspected by the TOC and in case
samples are not found as per specification and up to the mark, the tenderer
shall disqualify. For the items at Sr. No. 6 to 15(Chemicals), contractor should
have valid drug licence for manufacturing/ dealing of such chemcals or should
be a authorized dealer of such firm. Where applicable, manufacturing date &
expiry date should be clearly mentioned.

12. The rates quoted should be strictly according to the specification(s) inclusive of
all taxes for “Free Delivery” at required places within the jurisdiction of Himachal
Pradesh (FOR destination). The tender offer shall remain open for acceptance
up to 120 days from the date of opening of tender.

12-A The tenderers will have to supply the steam sterilized “Fish Meal”
manufactured from fish species “Sardinella” specifically, from any region of
India as per parameter specified in Sr. No. 1(1) of IFB or clause No. 10 (1) of
INSTRUCTION TO TENDERERS.

13. The material may be inspected by the authorized officer to ensure above
mentioned specifications/ quality etc. before the dispatch of the material (Pre-
dispatch inspection) or at the time of delivery of material (Post-dispatch
inspection) for which total expenditure shall be borne by the contractor.

14 No revision of rates or escalation of price due to any reason(s) will be accepted

after tenders are opened. The successful tenderer will have to supply the materials
at the accepted rates only during the contract/rate running contract period.
15. In the event of tender being accepted, the quotations will be converted into a
contract which will be governed by the conditions given in Schedule “B” read with
these instructions. The tenderer is required to sign the agreement.

16. The tenderer should indicate in which capacity, the tender offer is signed and full
name and address should be indicated in Block letters.

17. Warranty/Guarantee against any manufacturing defect as usual for a definite

period of at-least one year from the date of supply/ delivery(if applicable).
18. No guarantee can be given to actual quantity. The quantity mentioned in the
tender is tentative, which may be increased or decreased subject to actual
requirement by Director-cum-Warden of Fisheries, HP.

19. The tenderer may be required to produce documentary evidence in token of their
ownership or partnership or authority to sign on behalf of registered firm.

20. The rates quoted by the tenderer should be firm & valid up to rate running
Contract period.

21. The Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur,, HP reserves

the right to accept or reject any or all the tenders without assigning any reasons.

22. Conditional tender such as increase in wage rates, taxes or duties etc. will be
charged extra, will stand disqualified and will not be accepted.

23. Tender offer submitted by post or courier (off-line) will not be accepted.

24. The successful tenderer on award of the contract irrespective of his registration
status shall have to deposit Performance security as per the rules prevalent in the
form of an Account Payee Banker cheque, Demand Draft or Fixed Deposit Receipt
duly pledged in favour of Director –cum-Warden of Fisheries, HP, Bilaspur-174001.

25. Performance security shall remain in the custody the Department for a period of
sixty days from the date of completion of contract to the best satisfaction of the
Department.

26. Tender will be valid up to 31-03-2021 and may be extended by Director cum-
Warden of Fisheries Himachal Pradesh, Bilaspur,

27. If the party fails to supply the items/ material within the specified time, the party
may be banned/ blacklisted for one or more than one year with the forfeiture of the
security deposit and item may be purchased from any vender at the risk & cost of the
party.

28. If the accepted tenderer fails to supply the full quantity of the materials ordered of
approved quality at the accepted rates as per specified period on the receipt of firm
order liquidated damages at the rate of half percent per week or part thereof for
Four weeks will be levied on the total value of delayed supplies thereafter @ one
percent per week or part thereof for next 10 weeks, subject to maximum of 12% of
the total value of stores delivered late and the same can be deducted from the
security deposit or from the bills payable to the contractor. It will be open for the
Department to go in for the purchase of the materials from any other sources and
excess amount paid to the other party(s), if any will be deducted from the security
deposit or from what-so-ever sources available to the Department including bills
pending for payment.

29. Any attempt of negotiations direct or indirect on the part of the tenderer with the
authority to whom he has submitted his tender offer or the authority which is
competent to finally accept it after he has submitted his tender offer or any endeavor
to secure any interest for an actual or prospective tenderer will render the tender
liable to exclusion from consideration.
30. In future correspondence, Tender Notice Number and date may be quoted failing
which correspondence will be ignored.

31. Submission of tender in response to this tender notice alongwith acceptance

thereof by the Department will form “VALID CONTRACT” and the conditions
mentioned in the tender notice will be binding on the accepted tender.

32. Bid security/ performance security is liable to be “Forfeited” as the case may
be, if the tenderer:-
a) Withdraws tender offer before finalization of the same.
b) Fails to accept the tender offer, if his/ their tender is accepted.
c) Fails to pay security deposit within stipulated time limit.
d) Fails to execute the agreement within stipulated time limit.
e) Fails to fulfill the supply as per requirement of the Department.
f) Fails to supply the material as per specifications.
g) Samples of the material supplied are not found as per norms.

33. PRICE FALL CLAUSE- The offer of rates by the tenderer will be subject to the
price fall clause i.e. if any item is offered at a lower rate by the tenderer at any other
State/ place in India, he shall not charge higher rate for the item offered in the
tender. In the event of higher rates offered by such tenderer, the rates so offered by
such party can be rejected at any stage.

34. ANNULMENT OF AWARD : - Failure of successful bidder to submit security

deposit shall constitute sufficient ground for the annulment of the award and
forfeiture of bid security in which event Department may make award to any other
bidder at its own discretion or call for new bids.

35. INSPECTION AND TESTS OF GOODS: - The material shall be inspected by the
officers of the Department at the time of delivery of material and in case it is found
sub-standard, the tenderer will have to replace the material. It is the responsibility of
the supplier to remove the rejected material at his own cost and risk. No payment
shall be made to the supplier for rejected material. The Department shall have the
right to inspect the material at any time and send it to laboratory for test regarding
quality of the material subject to detail and specification. No payment shall be made
for goods rejected during inspection.

36. PAYMENT TERMS : The payment for supply of items mentioned in the tender
document shall be made after satisfactory supply duly verified by consignee. The
following documents are required for making the payment:-
a) Bill/ invoice.
b) Receipt certificate of material duly signed and verified by the consignee.
c) No interest on any deferred/ delayed payments arising out this contract shall be
payable in any case whatsoever.
d) Paying authority will be Director cum-Warden of Fisheries Himachal Pradesh,
Bilaspur.

37. The Tenderer/ supplier will be liable to supply the material as described in the
tender notice. The Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur,
reserves himself the right to purchase material for contracted items required
anywhere else when available from any Government Department/ approved source
without prejudice to this contract. He further reserves the right to negotiate with any
of the tenderers and award parallel contract to any or all of the participating
tenderers/ agency.

38. The contractor shall dispatch material “Freight paid” in all cases where his
offer is F.O.R. destination. In the event of his failure to do so, a penalty of 5 percent
will be charged on the amount paid as freight by the Indenting Officer on his behalf.

39. All dispatches by rail/ road will be made at contractor’s risk and expense.
Read and accepted.
40. All disputes shall be settled within the jurisdiction of High Court of Himachal
Pradesh.

Signature of the Tenderer

 “Annexure-1”

“D E C L A R A T I O N”

“I / we hereby declare that I / we have carefully gone through the terms

and conditions of Bid invited vide Tender Notice No.__________________________
in detail and agreed to the rates submitted by me / us in the Rate Sheet and I / we
agreed in full” :-

1) Signature of the party : _________________________________

(Full Name in block letters)

Capacity in which offer is signed : _________________________

(Rubber stamp is required)

2) Full Address _________________________

_________________________

__________________________

Telephone Number (O) :

(R) :
PATICULRAS OF BID SECURITY

FDR No./ Demand Draft No._______________ dated _____________

for Rs. _______________________________ Bank ______________
Branch.

Signature of the bidder

Or the Authorized signatory & Seal.

 “Annexure-2”

TENDER FORM
DEPARTMENT OF FISHERIES, HP
(TECHNIACL BID)
(To be filled by the Tenderer)
From:

__________________________
__________________________
TO:

The Director c-um- Warden of Fisheries,

Himachal Pradesh, Bilaspur-174001.
Subject:- Submission of technical bid for supply of “

Sir,

Reference :- Tender Notice No. Dated ____________

I/ we am/ are furnishing the following documents/ particulars

with reference to above mentioned NIT as under :-

A). Details of Firm/ individual with full details

of address for correspondence :
Name of the Firm/ individual :

B) Telephone/ Mobile No.- Office

Residence
E-mail
a) Letter of authorization, in case representative is sent to participate in the tender
opening process.
b) Bank draft for “Cost of Tender” payable at Bilaspur HP drawn in favour of
Deputy Director of Fisheries (Hqr) Bilaspur, HP-174001.
c) “Bid Security” in shape of Accounts Payees Banker cheque, Bank Draft or
Fixed Deposit Receipt duly pledged in favour of Director cum-Warden of
Fisheries Himachal Pradesh, Bilaspur-174001
d) Registration under GST Act.
e) Income tax return for Assessment Year 2019-20
f) PAN Number.
g) Proof regarding dealing in supply/ manufacturing (for tender period)of items
for which rates quoted
h) Complete literature of each item to be supplied /installed (if demanded).
i) Tender document (Instructions to tenderers, Annexure-I, II, and agreement)
duly singed (each page) by the tenderer .
j) As per condition No. 11, valid drug license/ manufacturing license in case of
manufacturer or Authorized dealership certificate along-with drug license/
manufacturing license of concerned firm in case of supplier.

Name, Address and Signature

of the Tenderer/ Agency
 SCHEDULE- ‘B”

Agreement

Title of the tender :- Supply of “Trout Fish Feed Ingredients, carp fish feed
ingredients and Fish Feed” During FY 2020-21.

Tender ID No.:- Tender Reference No.:-

Date of tender opening :-

This contract is to last from ..................to …………… but in the event of any breach
of the agreement at any time on the part of the Contractor, the contract may be
terminated summarily by the Director cum-Warden of Fisheries Himachal Pradesh,
Bilaspur, without compensation to the Supplier.

Any change in the constitution of the firm shall be notified forthwith by the contractor/
supplier in writing to the authority sanctioning the contract and such change shall not
relieve any former partner of the firm from any liability under the contract.

No new partner/partners shall be accepted in to the firm by the Contractor in respect

of this contract unless he/ they agree to abide by all its terms, conditions and deposit
with the officer sanctioning the contract a written agreement to this effect.

The contractor’s receipt of acknowledge or that of any partners subsequently

accepted as above shall bind all of them and will be sufficient discharge for any of
the purposes of the contract.

2. The Contractor/ supplier will supply nothing but genuine articles described in
Tender document & NIT as per indent/ requirement of the Department. No guarantee
can be given as to the quantity which will be ordered during this period. The Director-
cum-Warden of Fisheries, HP reserves to himself the right to obtain contracted items
of stores when available from any Government source/ approved source without any
pre-judice to this contract. He further reserves the right to negotiate any of the
tenderers and award parallel rate contract to any or all of the participating tenderers.

3. The articles to be supplied under this contract will be of the quality equal and
answerable in every respect to the specifications given in the list accompanying with
the tender and approved by the Director-cum-Warden of Fisheries, Himachal
Pradesh. Bilaspur. The Supplier/ tenderer shall be responsible for all complaints as
regard the quality. In case of any dispute regarding quality of articles, the decision of
the Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur, will be final and
binding on the contractor. It will be open to the Director cum-Warden of Fisheries
Himachal Pradesh, Bilaspur, or indenting officer to send samples submitted by the
tenderer/ contractor to any laboratory for testing and the cost there of will be borne
by the tenderer/contractor.

4. The Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur, may, by

notice in writing call upon the contractor/supplier to supply additional articles to serve
as sample, and upon receiving such notice in writing the contractor shall at his own
cost be bound to supply the additional samples, such additional samples being in all
respects of the same quality as the sample first supplied.

5. The supplier/ tenderer will be responsible for damage or loss in transit and replace
goods broken or lost or damaged within 10 days from the date of notice thereof.

6. All goods must be dispatched within 30 days of the receipt of supply order by the
contractor .

7. The conditions as to time for performance whether laid down herein or in any
indent shall be always regarded as the essence of the contract.

8. Director cum-Warden of Fisheries Himachal Pradesh, Bilaspur, or any authorized

officer of the Department or indenting officer shall have the power to inspect the
stores before, during or after manufacture, collection, dispatch, transit or arrival and
to reject the same or any part or portion after written approval of Director cum-
Warden of Fisheries Himachal Pradesh, Bilaspur, If he or they are not satisfied that
the same is equal or according to the samples submitted by the contractor. The
contractor shall not charge or be paid for supplies rejected as above and such
supplies shall be removed by the contractor at once and at his own expense. He
shall neither claim nor be entitled to payment for any damage that rejected supplies
may suffer from any harm whatsoever incidental to a full and proper examination and
test of such supplies. Government shall be under no liability whatever for rejected
supplies and the same will be at the contractor’s risk. Rejected supplies shall be
removed by the contractors within 10 days after notice has been issued to him of
such rejection and failing such removal rejected goods will be at contractors risk and
Government may charge the rent for the space occupied by such rejected goods.

9. The contractor/supplier shall provide without any extra charge all materials, tools,
labour and assistance of any kind which is considered necessary for any test or
examination. In case of stores inspected at maker’s premises the maker shall
provide all facilities including testing appliances for making necessary tests and the
contractor shall bear all cost of carrying out tests.

10. Packing cases, containers, gunny packages etc. which may be used for purpose
of packing and which are delivered with stores will not be returned and paid for
unless specially stipulated and then at contractor’s expenses.

11. Unless otherwise specified in a requisition bills for the whole of the goods
referred to in each indent in triplicate will be prepared and submitted by the
contractor to the consignee for direct payment under intimation to Director cum-
Warden of Fisheries Himachal Pradesh, Bilaspur. The full amount will be paid on
receipt of stores, in good condition after their verification as regards specification etc.

12(i) With every dispatch of goods or material under this contract invoices in
triplicate will be prepared by the contractor. Invoices in duplicate, are to be sent by
the contractor to the Indenting Officer, the duplicate to be returned by the Indenting
Officer with the quantities or number received duly noted thereon and the third copy
to be sent by the contractor to the Director-cum-Warden of Fisheries HP for record in
his office.
12(ii) Railway/ goods receipt where ever applicable will be forwarded to the
consignee immediately after dispatch of stores. Should any demurrage charge be
incurred owing to delay on the part of the contractor in forwarding the railway receipt,
the amount of such charges will be deducted from the bill.

12(iii) The contractor shall dispatch material “Freight paid” in all cases where his
offer is F.O.R. destination. In the event of his failure to do so, a penalty of 5 percent
will be charged on the amount paid as freight by the Indenting Officer on his behalf.

12(iv) All dispatch by rail/ road will be made at contractor’s risk and expense.

12(v) If during the currency of the contract the specification of any article or articles
to be supplied thereunder are changed the contractor shall continue to comply with
demands for the supply of the said article/ articles in accordance with new
specifications at a rate to be mutually agreed to in writing at the time of such change
and in default of such agreement the contract in so far as it relates to the said article
or articles in respect of which no agreement has been arrived at shall terminate but
no such change shall effect the supply of any other articles under the contract or
entitle the contractor to any compensation.

13. In the event of withdrawal or discontinuance of any article or articles and

consequent ceasing of or reduction in demand the contractor shall not be entitled to
any compensation. Government will however make all reasonable endeavors to give
a warning of any impending complete withdrawal or of any reduction seriously
effecting quantities likely to be required under contract.

14. The time for and date of delivery or dispatch stipulated in the said schedule shall
be deemed to be the essence of the contract and should the contractor fail to deliver
or dispatch any consignment within the period prescribed for such delivery or
dispatch in the said schedule then without prejudice to his rights otherwise the
purchaser shall be entitled to recover from the contractor a sum of equal 2 percent of
the contract price of such consignment for each and every month or a part of a
month during which the supply of dispatch of consignment may be in arrears or
alternatively at the option of the purchaser. The purchaser shall be entitled to
purchase such consignment else where on the account and at the risk of the
contractor or to cancel the contract, and the contractor shall be liable for any loss or
damage which the purchaser may sustain by reason of such failure on the part of the
contractor.

15. The contractor/supplier acknowledges that he has made himself fully acquainted
with all the conditions and circumstances under which the supplies required under
the contract will have to be made or furnished and with all the terms, clauses,
conditions, specifications and other details of the contract and the contractor shall
not plead ignorance of any of those as excuse in case of complaint against or on
rejection of supplies tendered by him or with a view either to asking for enhancement
of any rates agreed to in the contract or to evading any of his obligations under the
contract.

16. No payment will be made in advance for any supplies under this contract.

17. The contractor/supplier shall not :-

i) Assign or sublet the contract without written approval of the officer sanctioning the
contract.
ii) disclose details of the conditions governing this to unauthorized person.
iii) In the event of the contractor/supplier failing duly and properly to fulfill or
committing breach of any of the terms and conditions of this contract or repeatedly
supplying goods liable to rejections hereunder or failing, declining, neglecting or
delaying to comply with any demand or requisition or otherwise not executing the
same in accordance with the terms of this contract or if any contractor or his agent or
servants being guilty of fraud in respect of this contract or any other contract entered
into by the contractor or any of his partners or representatives thereof with the
Government directing, giving, promising or offering any bribes, gratuity, gift, loan,
perquisite, reward or advantages pecuniary or otherwise to any person in the
employment of Government if any of his partners become insolvent or apply for any
relief as insolvent debtor or commence any insolvency proceeding or make any
compositions with his/ their creditors or attempts to do so then without prejudice to
Government’s right and remedies otherwise Government shall be entitled to
terminate this contract forthwith and to blacklist the contractor for period not
exceeding one year for the date of issue of such orders..............

18. If any question, difference or objection whatsoever shall arise in any way
connected with or arising out of this instrument or the meaning or operation of any
part thereof or the rights, duties or liabilities of either party then save in so far as the
decision of any such matter is hereinbefore provided for and has been so decided,
every such matter including whether its decision has been otherwise provided for
and or whether it has finally decided accordingly or whether the contract should be
terminated or has been rightly terminated in whole or part and as regards the rights
and obligations of the parties as the result of such termination shall be referred for
arbitration to any officer appointed by Himachal Pradesh Government acting as such
at the time of reference and his decision shall be final and binding and where the
matter involves a claim the amount if any awarded in such arbitration shall be
recoverable in respect of the matter so referred.

19. If the price of a contracted article is controlled by Government, the payment will
in no case be made at higher rate than the controlled rate.

20. The price charged for the stores supplied under the contract by the contractors
shall in no case exceeds the lowest price at which the contractor sells the stores or
offers to sell stores of identical description to any person/ organizations including the
purchaser or any department of the Central/ State Government or any authority
undertakings of the central or state government, as the case may be during the
period till performance of all supply orders placed during the currency of the rate
contract is completed.

21(i) The price charged for the store supplied under the contract by the contractors
shall in no case exceeds the lowest price at which the contractor sells the stores or
offers to sell stores of identical description to any person/ organizations including the
purchaser or any department of the Central/ State Government or any statutory
undertakings of the Central or State Government, as the case may be during the
period till performance of all supply orders places during the currency of the rate
contract is completed.

21 (ii)If at any time, during the said period the contractor/supplier reduces the sale
price or sells or offer to sell such stores to any person/organization as the case may
be at a price lower than the price chargeable under the contract, he will forthwith
notify such reduction to Director cum-Warden of Fisheries Himachal Pradesh,
Bilaspur, and the price payable under the contract for the store supplied after the
date of coming into force of such reductions of sales or offer of sales shall stand
correspondingly reduced.

22. All disputes shall be settled within the jurisdiction of High Court of Himachal
Pradesh.

23. The earnest money/ security money shall be addressed to the Director cum-
Warden of Fisheries Himachal Pradesh, Bilaspur, in the shape of demand draft
issued by any National Bank.

WARRANTY CLAUSE

The contractor/ seller hereby declare that the goods/ stores/ articles sold to
the buyer under the contract shall be of the best quality and workmanship and shall
be strictly in accordance with the specifications and particulars contained/ mentioned
in the Schedule “A” of the rate contract and the contractor/ seller hereby guarantee
that the said goods/ stores/ articles would continue to conform to the description and
quality aforesaid for a period of ……… days/ months from the date of delivery of the
said goods/ stores/ articles to the purchaser and that notwithstanding the fact that
the purchaser(Inspector) may have inspected and /or approved the goods/stores/
articles, if during the aforesaid period of …….days/ months the said goods/ articles
be discovered not to conform to the description and quality or have deteriorated(and
decision of the purchaser in that behalf will be final and conclusive) the purchaser
will be entitled to reject the said goods/ stores/ articles or such portion thereof as
may be discovered not to conform to the said description and quality. On such
rejection the goods/ stores/ articles will be at the seller’s risk and all the provisions
herein contained relating to rejection of goods, etc. shall apply. The contractor/ seller
shall, if so called upon to do, replace the goods etc. or such portion thereof as is
rejected by the purchaser such damages as may arise by reason of the breach of the
condition herein contained. Nothing herein contained shall prejudice any other right
of the purchaser in that behalf under this contract or otherwise.

1. (On behalf of Supplier/ Tenderer)

Signed by the above named firm or through partner of the firm.

Date Signature

In the presence of :-
1.

2.

Signature of
On behalf of
Director cum-Warden of Fisheries
Himachal Pradesh, Bilaspur – 174001.