Escolar Documentos
Profissional Documentos
Cultura Documentos
Separate sealed tenders are invited on lump sum basis by the Chairman & Managing Director, Maharashtra State Warehousing Corporation, Pune-411037 at the above address from Consultants/ Consulting firms/ Organizations for the works as indicated below. The tenders will be opened on the same day, if possible, in the presence of the Consultants or their authorized representative.
Name of work: Providing Consultancy services to M S W C for forming joint venture with private parties to develop Warehouse complex comprising of Silos, Rail side warehousing, cold storages, warehouse, Cleaning & Grading yard, Weighbridges etc in W H Complex at Shirsuphal Tal Baramati Dist Pune as per Maharashtra State Warehousing Corporation (Amendment) Rules. Earnest Money Deposit Rs. 20,000/Time limit 10 Days Cost of tender form Rs. 1000/Period of issue 2/9/2013 11/9/2013 Last date of submission 13/9/2013/2013 up to 14.00 Hrs, Date of opening -13/9/2013 at 16.00 Hrs. Date of pre bid meeting 7/9//2013 at 16.00 Hrs
The eligibility criteria for tendering by Consultant is as below. 1) Bidder must have completed at least One similar business planning, feasibility, restructuring and implementation engagement preferably for government undertakings / enterprises /Government Bodies/ Semi Government Organizations in the preceding five years. 2) The bidder should have carried out strategy formulation & advisory work in the following sectors Silos, logistics ICD/CFS, Freight Complex etc/ Industrial parks & SEZs ,/ Ports & Railways in the last 5 years (at least 1 engagement), 3) Annual turnover of not less than Rs. 2.5 Crores in services. last three years from consultancy
Blank Tender forms can be obtained from the office of the Gen. Manager (Engineering) at the above address during office hours from 11.30 A.M. to 5.30 P.M. on all working days except holidays, on payment as above in cash for each tender set ( Non Refundable).The blank tender forms can also be downloaded from website www.mswarehousing.com by eligible Consultants. In this case cost of blank tender form will have to be deposited on or before 13.00 Hrs on date of submission. Earnest Money Deposit will have to be deposited in Corporations Bank account as detailed in the tender. Right to reject any or all tenders without assigning any reason is reserved. Chairman & Managing Director
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
Name of work: Providing Consultancy services to M S W C for forming joint venture with private parties
Issuing authority :
__________________________________
_________________________________
__________________________________
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
INSTRUCTIONS TO THE CONSULTANTS TENDERING FOR CONSULTANCY. 1. The Consultant has to comply with the following requirements while submitting the tender in two envelope s marked as Envelope I & II separately as under and the original proof of all the following documents will be required to show at the time of opening of Envelopes.
st
1 Envelope containing
1. Tenderer shall be submit Earnest Money Deposit amount in the following Bank Account through RTGS or NEFT . Unique Translation No ( U T R ) mentioned along with slip should be submitted in the Technical Document.
2. Up date valid income tax clearance certificate from the Income Tax Office concerned duly attested /Pan card. 3. Bidder must have completed at least One similar business planning, feasibility, restructuring and implementation engagement preferably for government undertakings / enterprises /Government Bodies/ Semi Government Organizations in the preceding five years. 4. The bidder should have carried out strategy formulation & advisory work in the following sectors Silos, logistics ICD/CFS, Freight Complex etc/ Industrial parks & SEZs ,/ Ports & Railways in the last 5 years (at least 1 engagement), 5. Annual turnover of not less than Rs. 2.5 Crores in each last three years from consultancy services. 6. Forwarding letter invariably stating that the offer in Envelope II is unconditional. Any conditional offer in forwarding letter by any tenderer.
nd
Envelope containing
1. The tender duly filled in with amount in words & figures on page no ___ of tender document. There should not be any ambiguity in the amount as given in words & figures. The corrections if any should be signed. This envelope should not contain any other letter/ document other than tender form duly completed. 2. The tender notice is a part of tender document. 2. Before tendering Consultant should fully study the requirements, tender conditions for the work to be done to facilitate him in quoting the correct amount in the tender. The tender will remain valid for 120 days from the date of opening of tender. If the tendering Consultant is a firm or company, they will in their forwarding letter mention the names of all the partners of the firm or company and disclose the identity if the partner who hold power of attorney to conduct the transactions on behalf of the firm or company in respect of tendered work. The consultant is required to sign all the tender documents on each & every page.
3. 4.
5.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
1.
The contract will be essentially in the prescribed tender set issued by M S W C duly signed by Gen. Manager(Engineering). In the event of the tender being submitted by a firm, it must be signed by each partner thereof and in the event of the absence of any partner, it shall be signed on his behalf by a person holding a power of attorney authorizing him to do so.
2.A.
2.B(i)
Earnest Money Deposit amount of Rs. 20,000/- is to be deposited in in the following Bank Account through RTGS or NEFT . Unique Translation No ( U T R ) mentioned along with slip should be submitted in the Technical Document.
2. Name of the Bank /Branch :- Union Bank of India Market Yard, Pune 3. Address:- 285/286, Torna Road, Gultekadi, Gate No 2, Market Yard, Pune - 411037 4. Savings Bank Account No :- 43890 20101 84693 5. M I C R Code :-41102 6005 6. IFS Code :- UBIN 0543896
The said amount of earnest money shall not carry any interest whatsoever. (ii) In the event of his tender being accepted subject to the provisions of subclause (iii) below, the said amount of earnest money shall be appropriated towards the amount of security deposit payable by the tenderer. If after submitting the tender the Consultant withdraws his offer or modifies the same or if after acceptance of his tender the Consultant fails or neglects to furnish the balance of security deposit, without prejudice to any other right and power of the Corporation hereunder or in law, the Corporation shall be entitled to forfeit the full amount of the earnest money deposited by him. In the event of his tender not being accepted, the amount of earnest money deposited by the Consultant shall, unless prior there to is forfeited under the provision of sub-clause (ii) above, be refunded to him after passing receipt thereof. THE CONSULTANT HAS TO SIGN ALL THE PAGES OF TENDER DOCUMENTS ALON WITH PAPER SUBMITTED WITH TENDER. FAILURE TO SIGN ALL THE PAGES MAY RENDER THE TENDER LIABLE FOR REJECTION. The Consultant shall produce along with his tender the list of big projects designed / consultancy provided by him of similar nature . The Income Tax & other taxes along with surcharge will be deducted at source as per prevailing rules.
(iii)
(iv)
3.
4.
5.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
Maharashtra State Warehousing Corporation (M.S.W.C.) is an organization established under the Act of Parliament.(Warehousing Corporation Act 1962) for providing scientific storages to farmers., traders, industries. etc . along with providing services like CFS Bonded.
Warehouses for import export. M.S.W. Corporation at present HAS 170 centers all over Maharashtra, having storage capacity OF about 15.00 lac M.T. Now M.S.W.C. intents to have joint venture with private parties for development of Warehouse complex comprising of Silos, Rail side warehousing, cold storages, warehouse, Cleaning & Grading yard, Weighbridges etc in W H Complex at Shirsuphal Tal Baramati Dist Pune within the ambit of Maharashtra State
Warehousing Corporation ( Amendment ) Rules 1998. Therefore, appointment of a Consultant on lump sum basis . MSWC has succeeded to get awarded 45.66 Acre land at Mouje Shirsufal, Baramati & possession of same has also been taken on 18-12-2012 .Government of India wanted to develop storage facility through FCI & accordingly sanction had been given for setting up of 1 lakh MT capacity Silos in Maharashtra, out of which 50,000 MT is to be constructed in Pune revenue district & balance 50,000 is to be constructed in Nagpur revenue district.
It is proposed to avail this opportunity & set up silo of 50,000 MT for FCI. As per concept paper of silos, the same is to be developed under PPP model & the scheme assures payment of storage charges for 20 ( plus 10 ) years period. MSWC will be providing land and PPP Entrepreneurs has to quote VGF (Viability Gap funding) through open tender bidding & the one who will be quoting lowest VGF will be entrusted the work. The Private Entrepreneurs will be investing and ensuring preservation for twenty( plus ten )years . It envisages setting up of railway tracks also up to Silos. After concession years period the silo will be handed over to MSWC. However, MSWC is working out modalities to develop the Silo in Joint Venture with Private Entrepreneurs.
It is proposed to also develop Railway side warehouse complex for storage of fertilizers etc.This way detailed study is required to be done to utilise this plot in most optimal way for setting up silos, Railway side warehousing Complex, Cold storage and other ancillary activities like cleaning & grading Yard, laboratory etc for benefit of farmers at large.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
M.S.W.C. in formulation of
joint venture
document with private parties as per Maharashtra State Warehousing Corporation ( Amendment ) Rules 1998.The copy of the same is enclosed with the tender document. 1. Sealed offers are invited on behalf of Chairman & M.D., Maharashtra State Warehousing Corporation to appoint Consultant who will provide Consultancy services to M S W Corporation. The tenders shall be submitted by 14.00 Hours on date as per notice and shall be opened at 16.00 Hours on the same day if possible.
The consultant should quote Lump basis as mentioned in the Memorandum for the work mentioned in Schedule A .
2. 2.1
Earnest Money Deposit Earnest Money Deposit should be as per 2B( I ) above. .
2.2 2.3
Tenders received without earnest Money shall stand rejected. The Earnest Money deposit will be returned to the Consultants whose offers are not accepted by M.S.W.C. & work order is issued to one of consultants or within 120 days which ever is earlier.
2.4
The E.M.D. received along with the bid shall be adjusted against Security Deposit in respect of the Consultant whose offer is finally accepted.
3..
SECURITY DEPOSIT :
towards security Deposit with M S W C. The 5 % Consultancy charges will have to be deposited at the time of agreement, after getting letter of acceptance from M S W C.
The 50% of security deposit will be released after final acceptance of the work by M S W C and the balance 50 % security deposit will be released, three months after the date of acceptance of Report
SCOPE OF THE WORK As per schedule A attached. The scope of work mentioned in Schedule A is tentative. Exact scope of work shall be communicated at the time of issue of Work Order.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
5.
SITE VISIT Bidders are advised to inspect and examine the sites taking in to consideration nature of scope of work wherever required all over Maharashtra and its Surrounding and satisfy themselves before submitting their Tender as to the nature of site, and in general shall themselves obtain all necessary information as to risk, contingencies and other circumstances which may influence or effect their tender. A bidder shall
be deemed to have full knowledge of the works whether he inspects it or not and no extra charges consequent to any misunderstanding or otherwise shall be allowed.
SERVICES TO BE RENDERED
The consultant has to visit the location and study regarding the business proposed to be developed in joint venture. In the whole project M S W C is having its own land which is to be developed in joint venture. Consultant has to spelt out how exactly the joint venture is to be developed , what should be sharing pattern, capital investment sharing, running capital cost. how should be the investment pattern. What are different clauses involved in the joint venture, Joint venture agreement , They should get all the details regarding capacities of Silos ( 50,000 M T ) , rail side warehousing, cold storages, warehouses, to be developed Cleaning & Grading Yard, Weigbridges, Labporatary etc in consultation with Business section of M S W C and develop e the project. They should also prepare format of tender document including agreement to be done with Joint Venture partner . a) Preparation of Detailed Business Plan including detailed financial model for the project covering various aspects of the project. b) Evaluate the option of management contract with an existing company in the business c) Evaluation of possible project structuring options from MSWC point of view; d) Detailed analysis of support from government, both Central and State, required / available for the project to enhance the viability of the project. e)To suggest measures required to improve the financial/commercial viability of the project; f) Determination of Capital Structure of the project with optimum leveraging; g) Identifying the key revenue streams and forecast the potential of the revenue streams for the proposed project. h)To optimize the project structure under various implementation options; i)To develop the business plan under the selected project structure, j) Short Term ( 5 years ) business plans for Corporation, k) Long Term business plans for Corporation, l) Suggest structure of rates from business point of view likely per year increments & its effects Probability of market growth etc m) Submit actionable plan that can be implemented with immediate effect. n) Submit the entire report of consultancy services in nutshell.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
7.
TIME PERIOD : The entire services as mentioned above and as mentioned in Schedule A shall be rendered in a time bound manner as given below : Stage I Stage Activity Preliminary Presentation on the Approach to Business Plan, Key Parameters, along with concept report. Time Frame 10 days
8.
SCHUDLE OF PAYMENT
8.1 8.2 Sr No
No mobilization advance will be paid. Schedule Activity % of quoted amount to be paid at the end of stage I On approval of consultant report for joint venture 100 %
8.3 The consultant charges payable includes all site visit charges and no separate payment will be done for conveyance, boarding etc.
8.4.
Deduction
of
Income
Tax
and
all
other
taxes &
will
be
made
from
rules laws
of Govt.
However service tax will be paid extra as per actual prevailing rates at the time of payment.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
9.
1. Selection Process The submission of proposals by interested parties in response to the Request for Proposal would be done in two separate sealed covers as indicated below. .Envelop A: Technical Proposal . Envelop B : Financial Proposal The proposals received would be subject to a responsiveness check followed by step wise evaluation procedure as described below. 2. Envelop A -Evaluation Of Technical Proposal Quality of experience and relevant competence of the consultancy firm shall be considered as the key qualification of the consultant. A two stage process will be adopted in evaluating the proposal with the technical evaluation being completed prior to any financial proposals being opened. The assignment would be awarded as per the following evaluation criteria: I) Concept business plan, Approach & Methodology for project plan & presentation of proposal (25 marks max.) II) Experience of the Organization (16 marks max.) Sr No. Criteria Scoring ( Max ) Supporting documents in respect of each Work done certificate
1.
Experience in similar business planning, feasibility, capacity building, restructuring and implementation engagements ( i ) particularly for government / semi Government/ Public undertakings in the preceding 5 years for Government Bodies. ( ii ) Experience in any other sector
2 6
2.
Experience in strategy formulation & advisory work in Silos/ logistics ICD/CFS, Freight Complex, industrial parks & SEZs, ports & railways and other infrastructure etc as per scope of M S W C ( Amendment ) Rules 1998 in the last 5 years. Overall experience in reforms advisory, Public Private Partnerships (PPP), labour laws, taxation, incentives, regulations etc.
3.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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III)
Experience of Consultant for providing advisory services for above mentioned project ( 7 Marks Max.)
Marks 2 marks
d) Experience of 4 projects
e)
Experience of projects
& above
7 marks
IV) Experience of Consultant having completed SEZ project/ Logistic ICD or CFS/ Ports & Railways particularly in joint ventures. (10 Marks Max.) Experience a) Experience of 1 project Marks 2 marks 4marks b) Experience of 2 projects 6 marks c) Experience of 3 projects 8 marks Remarks Completion Certificate of client to whom services were provided needs to be attached.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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V) Qualifications and competence of the key staff.( Along with graduation/specialization in concerned field ) (22 Marks Max.)
a) Project Managers No of Project Managers from 1 to 2 from 3 to 4 5 & Above b) Business plan Expert
Maximum 3 marks Marks 1 Mark 2 Marks 3 Marks Maximum 5 marks Remarks Supporting documents of qualification of specialization in concerned field along with number and name of personnel should be attached .
Remarks Supporting documents of qualification of specialization in concerned field along with number and name of personnel should be attached .
c) Organization structure, Human Resource and capacity Building Expert No of Experts 1 2 3 & Above
Maximum 3 marks
Remarks Supporting documents of qualification of specialization in concerned field along with number and name of personnel should be attached .
d) Logistic Expert
Maximum 5 marks
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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Remarks Supporting documents of qualification of specialization in concerned field along with number and name of personnel should be attached .
Maximum 3 marks Marks 1 Mark 2 Marks 3 Marks Remarks Supporting documents of qualification of specialization in concerned field along with number and name of personnel should be attached .
f) Policy & Regulatory Expert No of Policy & Regulatory Expert 1 2 3 & Above
Supporting documents of qualification of specialization in concerned field along with number and name of personnel should be attached .
VI) Composition of Technical & support staff employed full time( Other than covered under item No V above ) (5 Marks Max.) For 25 or more number of such staff 5 marks. For less than 25 the marks will be awarded on prorate basis. Remarks :- Supporting documents of employment of staff viz. latest muster role, provident fund number & their educational qualifications.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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VII ) Financial Status of the Company (Average annual turnover during the last 3 years (15 Marks Max.) The marks will be awarded @ 1 per crore maximum limited to 15 marks. The Bidders who secure more than or equal to 50 marks in the technical proposal shall only qualify for consideration of opening of financial proposal. Financial Proposals " of all qualifying Bidders will be opened. 4. Envelop B -Evaluation Of Financial Proposal The Bidders who secure more than or equal to 45 out of above 100 marks in the technical proposal shall only qualify for consideration of opening of financial proposal. Financial Proposals of all qualifying Bidders will be opened. The Bidders are advised to quote an all inclusive price in the financial proposal. In addition, the statutory service tax as applicable shall be reimbursed separately, on actual basis. Thus the Financial Proposal should include all taxes excluding service tax. 5. Final Evaluation Following the completion of evaluation of Technical and opening the Financial Proposals, final ranking of the proposals will be determined as follows: 1. Technical Scoring (T) : The highest technical ranked firm will be allotted the highest marks ie: 100 and all other firms will be scored on a pro-rata basis. 2. Financial Scoring (F) : The lowest evaluated financial proposal will be allotted a Financial Score of 100 and all other firms will be scored on a pro-rata basis. 3. The Final Scoring for each firm would be calculated on the basis of following formula 0.70 *T + 0.30 F .
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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CONFIDENTIALITY Information relating to evaluation of Proposals and recommendations concerning contract award shall not be disclosed to Consultants who submitted Proposals or to other persons not officially concerned with the process until the winning firm has been notified and contract awarded.
AWARD OF CONTRACT
After completion of negotiations, the Client shall award the contract to the selected Consultant and promptly notify the other Consultants who submitted Proposals that they were unsuccessful. The Client will return the unopened Financial Proposals to the unsuccessful Consultants. Notification on Award of Contract for the Consultant will be made in writing to the successful Bidders by MSWC. The selection of consultant will be at the sole discretion of MSWC who reserve their rights to accept or reject any or all the proposals without assigning any reason. MSWC reserves the right to call for additional information from the Bidder consultants.
10. In the event of Consultant closing its business, MSWC shall have the power to any other agency to complete the work & payment has to be made to the stage of service completed by the Consultant as stipulated in
employ
Consultant up to the
schedule 8.2.
11. In the event of the failure on the part of the Consultant to complete the work or in the event of committing a breach of any one or more of the terms and conditions of the agreement, MSWC shall be entitled to claim damages or remedies. The period of notice to be given to rescind the contract will be 10 days & in the event of such termination, Consultant shall be liable to refund the excess payment if any made to him over & above what is due to him on the date of termination and MSWC will be entitled to make full use of all or any of the project prepared. reports
12. 12.1
Submission of Documents : All the reports, documents, estimates etc. for the various services shall be submitted by
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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13. Copy Right / Proprietary Right The Consultant hereby agreed that the fees to be paid as provided in this Agreement will
be in full discharge of functions to be performed by him & no claim whatsoever shall be made against the MSWC in respect of any proprietary rights or copy rights on his part or on the part of any other party relating to the above mentioned consultancy. The report & documents prepared & submitted by the Consultant for the work entrusted to him under this Agreement will become the property of MSWC. The report & documents
related details cannot be issued to any other persons, firms or authority or used by the Consultant for any other project without prior permission of the MSWC. However the same can be utilized by the MSWC for future and the consultant shall not have any objection to this
14
MSWC shall have the liberty to postpone or not to execute any work and the shall not be entitled to any compensation for works not done by
Consultant
him. In case the Consultant has done works then he shall be paid for that work as per relevant terms and conditions of the agreement.
15. Contract Agreement : Successful Consultant can depute his accredited representative empowered to sign the contract agreement on his behalf. The contract Agreement shall be executed on non-judicial stamp paper or value Rs.100/- and the cost of the same shall be borne by the Consultant.
16. MSWC reserves the right to accept any or reject any or all offers without any reason.
assigning
17. The offers shall remain valid for 120 days from the date of submission the The refund of the Earnest Money Deposit will be considered after or after issue of Work Order to the successful bidder.
tender.
18. Indemnity : The Consultant shall indemnify and keep indemnified the MSWC against any claim regarding
business report and documents, related details and models prepared and acquired for the work entrusted to him under this contract, by any other party & against all costs and expenses incurred by the MSWC in defending themselves against such claims.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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19.
In case the Consultant fails to complete the work within the stipulated period & no justifiable reasons are found for the delay, the Consultant shall be liable to pay compensation for delay up to 2.5% of the total consultancy fees per week of delay. The amount of compensation for delay & waiver of compensation for delay in case of justified reasons shall be decided at the discretion of C & M D & the same shall be final & binding on the consultant. Time taken by Maharashtra State Warehousing Corporation etc. force majeure, any other reasons beyond the control of the
consultant shall be considered as justified reasons. The work is liable for can be termination at any time after delay of four weeks.
20.1 MSWC without any prejudice to its right against the Consultant in respect of any delay by notice in writing may absolutely determine the contract in any of the following cases :
20.2 If the Consultant being a company shall pass a resolution / the court shall make an order that the company shall be wound up or if a Receiver or a Liquidator on behalf of the creditors shall be appointed, or if circumstances shall arise which entitles the Court or Creditors to appoint a Receiver or a Liquidator or which entitles the court to pass a winding up order.
20.3
If the Consultant commits breach of any of the terms of the contract, MSWC shall have
powers :
b) To engage another Consultant to carry out the balance work debiting the Consultant the excess amount if any so spent subject to a maximum of ten percent of the total Fees which could have been paid and the full security deposit shall be forfeited.
The department reserves the right to terminate the contract within 10 days of
written notice.
All works performed till such time shall be handed over to the department. The department shall pay to the Consultant all cost & charges payable in proportion to the work performed in
accordance with rates and schedule of payment prescribed under the contract.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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That if the Consultant abandons the work for any reasons whatsoever or becomes incapacitated from acting as Consultant as aforesaid, Maharashtra State Warehousing Corporation may make full use of all or any of the report & documents prepared by the consultant. The Consultant shall be credited with all fees logically and reasonably payable up to the date of abandonment but he shall be liable to pay damages to the equitably assessed by the MSWC subject to a maximum of 10% of total fees which would have been paid but for abandonment. The difference shall be paid to or by the Consultant as the case may be. This clause is to be read with Clause No.8.
23. Arbitration Clause : In the event of any dispute difference or question arising out of or concerning the agreement for the execution of work herein specified which cannot be settled mutually, the same shall be referred to the Chairman and Managing Director, MSWC who will be the sole authority to appoint any person as Arbitrator. The arbitration proceedings will be governed by the provisions
contained in the Indian Arbitration Act, 1940. The decision of the arbitrator shall be final and binding on both the parties. Even if any dispute, difference or question arises out of or
concerning this agreement and whether the same has been referred to arbitration, the consultant shall continue to perform his duties and this agreements with due diligence and the MSWC shall make the payment to the consultant to the extend incorporated in the agreement.
Action to appoint an arbitrator shall be taken within one month from the
date of
communication made in writing by any party to the Chairman & Managing Director MSWC that a dispute has arisen and that the matter be referred to Arbitration in accordance with this agreement along with the list of quantified disputes to be referred to Arbitration.
24. Force majeure : Force majeure is hereby defined as any cause which is beyond the control of the Consultant or the MSWC as the case may be which they could not foresee or with a reasonable amount of the Agreement such as : a) Natural phenomena including but not limited to floods, droughts, epidemics. b) Acts of any Government, domestic or foreign, including but not limited to or undeclared priorities, guaranties, embargoes, provided from the occurrence of such clause notify war declared earthquakes &
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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SCHUDULE A
Name of Work : Providing Consultancy services to M S W C for forming joint venture with private parties to develop Warehouse complex comprising of Silos, Rail side warehousing, cold storages, warehouse, Cleaning & Grading yard, Weighbridges etc in W H Complex at Shirsuphal Tal Baramati Dist Pune as per Maharashtra State Warehousing Corporation (Amendment) Rules
Item No.
Description of Item
Remarks
The consultant will have to study the master layout plan , provisions made in , capacities thereof depending upon the business potential at the center now and in future, detailed project report including technical as well as financial viability, define sharing pattern by MSWC & Joint venture partner for investment, operating cost, profits , stages in which the project is to be developed, terms and conditions of joint venture considering legal aspect of all points , tender document of the same, format of
DATE :
WITNESSES :
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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MEMORANDUM
a)
General Description : Providing Consultancy services to M S W C for forming joint venture with private parties to develop Warehouse complex comprising of Silos, Rail side warehousing, cold storages, warehouse, Cleaning & Grading yard, Weighbridges etc in W H Complex at Shirsuphal Tal Baramati Dist Pune as per Maharashtra State Warehousing Corporation (Amendment) Rules
b) c) d)
10 days
Should this tender be accepted I / We hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract so far as applicable and in default thereof to forfeit and pay to the M.S.W.C. the sum of money mentioned in the said condition.
I / We agree that this offer shall be remained opened for minimum period of 120 days from the date of submission of the same and thereafter until it is withdrawn by me / us by notice in writing. The above tender is hereby accepted by me.
DATE :
WITNESS.
Consultant
MAHARASHTRA STATE WAREHOUSING CORPORATION 583/B, MARKET YARD, GULTEKDI, PUNE 411037
PHONE : 020 66266800 , FAX :020 66266848/29/39 website www.mswarehousing.com
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I / We hereby tender for the providing consultancy services to M S W C specified in the underwritten memorandum, as per schedule A and as per scope of work mentioned in the tender.
S.N
NAME OF WORK
Providing Consultancy services to M S W C for forming joint venture with private parties to develop Warehouse complex comprising of Silos, Rail side
warehousing, cold storages, warehouse, Cleaning & Grading yard, Weighbridges etc in W H Rs.___________________/-
Complex at Shirsuphal Tal Baramati Dist Pune as per Maharashtra State Warehousing
In words :- (___________________________________________________________________)
Consultant