REGD.
GOVERNEMNT OF
DIRECTORATE GENERAL OF SUPPLIES & DISPOSALS
PARLIAMENT STREET,
TELEGRAPHIC ADDRESS: POORTINIP: NEW :
TELEX NO. 031- 66339/66582. FAX NO. 011-23340497/23345536
RATE CONTRACT NO. SC-2/RC-10020103/122004 / 53 GR./92/G - 0826/GUJARAT SIDHEE/1733
To dt. 25. 03.2004.
M/S. GUJARAT SIDHEE CEMENT LIMITED,
‘PELICAN’ 7TH FLOOR,
NEAR NATRAJ CINEMA,
ASHRAM ROAD, AHMEDABAD - 380009
SUB: ANNUAL RATE CONTRACT FOR THE SUPPLY OF 53 GR. CEMENT FROM
25. 03.2004 TO 31.12.2004.
REF: (I) THIS OFFICE T.E. NO. SC-2/RC-10020103/1004/53 GR. / CEMENT JAN-MARCH’04/92 OPENED ON 30.10.2003
(II) YOUR TENDER NO. GSC/DGS&D/03-04/5258 DATED 27.10.2003
Dear Sirs,
You are hereby informed that your above referred tender read with subsequent letter mentioned above for the stores specified in the schedule annexed, has been accepted. This Rate Contract will be governed by the terms and conditions brought in the form No. DGS &D – 1001 available from DGS&D Sales Counter on payment of Rs. 50/-. The Rate Contract and the schedule annexed hereto shall be the sole repository of this rate contract/transaction. The rates for various period will be finalized latter.
SCHEDULE ANNEXED:
1.SCHEDULE ‘A’ description of stores.
2.SCHEDULE ‘B’ Special conditions of contract.
Yours faithfully,
( R. K. PRASAD)
DY. DIRECTOR
FOR AND ON BEHALF OF THE PURCHASER’S NAMED IN THE SCHEDULE ‘B’.
COPY TO:-
1 DY. CONTROLLER OF ACCOUNTS, DEPARTMENT OF COMMERCE (SUPPLY DIVISION ): MUMBAI (TH:AUTH: CELL). THIS ISSUES WITH THE APPROVAL OF DG(S& D ).
2. CA: LC: MIS:
3. DIR(QA), AHMEDABAD
(R. K. PRASAD )
DY. DIRECTOR
FOR DIRECTOR GENERAL OF SUPPLIES & DISPOSALS.
CONTD..2/-
-2-
SCHEDULE ‘A’
RATE CONTRACT NO SC-2/RC-10020103/122004 / 53 GR./92/ G - 0826/GUJARAT SIDHEE/1733
DT. 25.03.2004.
2(a) Name and full address of the firm M/S. GUJARAT SIDHEE CEMENT LIMITED,
‘PELICAN’ 7TH FLOOR,
COMMERCE COMPLEX,
NEAR NATRAJ CINEMA,
ASHRAM ROAD, AHMEDABAD - 380009
( b ) Name and full address of the : M/S GUJARAT SIDHEE CEMENT LTD.,
Manufacturer AT.&NPOST SIDHEE GRAM
DIST. JUNAGADH :
.
3. Validity of Rate Contract: 25.03.2004 to 31.12.2004
4. Description of stores and specification.
Item No. Description of stores unit RATE PMT Committed qty.
1 .53 ORDINARY PORTLAND CEMENT
CONFORMING TO IS: 12269/87 ( Ist Revision)
With amdt. No. 1 to 6 packed in HDPE bags
Conforming to IS: 11652/2000 with amdt. 1.
NOTE: Whereas rates accepted are on ex-works/ Ex- Siding basis, orders are to be placed on the R/C holding firm who emerges the lowest after accounting for freight upto consignee/station where stores are required.
5 Terms of Delivery: Ex-Works/EX-SIDING.
6 Dispatch Instructions: (FOR Ex-Works): Stores to be colleted from the firm’s works by the Consignees under their own transportation arrangement, wherever stores cannot be dispatched by rail.
FOR EX-SIDING BY RAIL Stores to be dispatched by rail on freight to pay basis.
7. Excise duty: The amount of E.D. included in the above price is Rs. 400 /- PMT.
8. SALES TAX : (WITHIN GUJARAT STATE)- The current rate of GST is 5% against form ‘P’ submitted in advance and 8% without form ‘P’. However after proposed introduction of
VAT the rate of tax may change which will become applicable for dispatches during the period.
Contd.3/--
- 3 -
OUTSIDE
STATUTORY VARIATION IN E.D. AND SALES TAX WILL BE TO THE PURCHASER’S ACCOUNT.
9. Monetary limit: NA..
10. Slab Discount: NA
11. Prices: Firm and fixed inclusive of E.D. and packing charges.
12. Minimum Qty. in single Order: N.A.
13. Status of the R/C holding firm: LSU.
14. Paying Authority: DY. CONTROLLER OF ACCOUNTS,
DEPTT. OF COMMERCE ( SUPPLY DIV), MUMBAI
15. Quality assurance Authority:
ADG(QA) DGS& D ,
16. Quality Assurance Officer: Director (QA ) AHEMDABAD OR HIS
AUTHORISED REPRESENTATIVES.
17. Place where stores are to be tendered for inspection: As per 2(b) above. Pre- Dispatch inspection not required.
( R. K. PRASAD )
DY. DIRECTOR
FOR & ON BEHALF OF THE PURCHASERS NAMED IN THE SCHEDULE ‘B’.
SCHEDULE ‘B’
SPECIAL CONDITIONS OF THE CONTRACT
Spl.
Condition where they differ from the general conditions over ride the latter.
1. Name of the Purchasers: -
(i)
The President of
(ii)
The Governor of States specified in the constitution of
(iii)
Chief Commissioner/Chief Civil Administrator/Lt.
Governor of
2. Period of Contract: -
2.1 The Contract will remain in force for a period of one year. However the prices will decided on quarterly basis.
3. Against the R/C, Orders shall be placed as long as they reach the R/C holder on or before the last date of the currency of the R/C. Orders received during the closing days should be completed within due course in accordance with the terms and conditions of the contract even though in some case supplies cannot be arranged within the last date of contract.
4. Direct Demanding Officer: -
4.1 As the Rate Contract will be centrally operated SC Dte. of Directorate General of Supplies & Disposals New Delhi will be placing orders on behalf of the purchasers mentioned above.
4.2 The supplies against the rate contract shall be only for stores having ISI mark. In no case, the supplies against this rate contract shall be accepted after the expiry of the validity of the BIS License unless so permitted by BIS. It shall be the responsibility of the contractors to obtain renewal of the license if expiring during the currency of the Rate Contract and / or obtain the permission of the BIS that they are permitted to continue to supply the stores to ISI mark pending renewal.
5. DESCRIPTION OF STORES & SPECIFICATION:
1. Ordinary Portland Cement IS : 8112/89
(43 Gr. High Strength) (Ist revision) with amdt. 1 to 6.
2. Ordinary Portland Cement IS : 12269/87
(53 Gr. High Strength) with amdt. No.1 to 6.
5.1 PACKING:
5.2 Cement is to be packed in HDPE bags conforming to as per IS : 11652/2000 with amdt. No.1.
5.3.2 Supplies in poly Jute/poly propylene bags will be subject to concurrence of the purchaser.
Contd…2/-
-2-
5.3.3 The net mass of cement per bag shall be 50 kg. The permissible tolerance on the mass of cement packed in accordance with the requirements in the standards of weights & measures (packed commodities) Rules-1997.
6.
PRICES:
6.1 The prices of cement to be supplied against the contract will be on firm and fixed basis. Prices will be fixed on every quarter.
6.2.1. The prices are inclusive of excise duty. The present rate of excise duty included is indicated alongwith the price details.
6.2.2. Any variation in Excise Duty will be to buyers account. While claiming ED the suppliers at the time of submitting the bills shall furnish the following certificates: -
“Certified that the amount of Rs.___________________________________ claimed as E.D. in this bills is in accordance with the provisions of the rules in all respects and that the same has been paid to the Excise Authorities in respects of the stores covered by this bill.
6.2.3. The bills will be supported with.
A. Certificate with each bill to the effect that no refund has been obtained in respect of the reimbursement of Excise duty made to the contractors during 3 months immediately preceeding date of claim covered by the relevant bills.
B. Firm’s/Mill’s Statutory Auditor’s Certificate as to whether any refunds have been obtained or applied for by the firm/mill or not in the preceeding financial year after the annual audit of their accounts also indicating details of such refund applications, if any.
C. Certificate alongwith the final payment bills of the firm/mill to the effect whether or not they have any pending appeal/protest for refund or partial refund of ED already reimbursed to the firm/mills by the govt. pending with the Excise Authorities and if so the nature, amount involved and the position of such appeals. This certificate should be signed by the firm’s/Mill’s MD/Manager/Accountant.
D. An undertaking to the effect that in case it is detected by Government that any refund from Excise Authorities was obtained by firms/mills after obtaining reimbursement from the Controller of Accounts and the same is not immediately refunded by the firm/mills to the COA, Government will have full authority to recover such amounts from firms/mills outstanding bills against the particulars contract or another pending Government contracts and that no dispute on this account would be raised by the suppliers.
6.3. SALES TAX:
6.3.1. Sales Tax, if legally leviable, will be paid in addition to the prices given in relevant clause of the RC unless the quoted prices are inclusive of ST.
6.3.2. Besides Sales Tax, any other tax, duty levy or charges by whatever name called, legally leviable on the seller by central Government or a State Government or a local authority in respect of Sale of cement will also be payable by the buyer in addition to the prices accepeted.
6.3.3. The suppliers shall furnish the following certificates under their dated signatures in their relevant bills for S.T. “Certified that the goods on which sales tax has been charged have not been exempted from the Central Sales Tax Act, or the State Sales Tax Act or the rules
6.3.4. made thereunder, and the amounts charged on account of ST on those goods are not more than what is payable under the provisions of relevant Act or the rules made there under.
Certified further that we (our branch or agent) are registered as dealers in the state of ________________________ under registered as local Regn. No. ________________________________________ in the State of ________________________ under Regn. No. ______________________ for the purpose of S.T.
Note: A record note of quantity of, value amount of freight packing charges and ED on packing charges may be kept and a quarterly statement indicating the same alongwith indentor, consignee and Head of Accounts be submitted to DGS&D.
7.
INSPECTION PROCEDURE
7.1 Each and every consignment of supplies will not be inspected, with a view to ensure quality of stores as per contract, the inspecting officer will visit the contractor’s works periodically ( say once in two months ) and audit the working of the quality systems in place.
7.2 The contractor shall provide every facility to the inspecting officer during his visit for conducting necessary checks and verifications as well as for testing of samples drawn during inspection in their laboratory. A Performa has been prescribed for these checks/tests.
7.3 Contractor’s responsibility.
7.3.a The contractor shall maintains at each works, a log book of results of tests conducted on the samples drawn from each days production. These books shall be kept open for the inspecting officer for his verification during his visit.
7.3.b The contractor shall certify in every challan relating to each dispatch that the cement dispatched by them has been tested in their works and that it fuly conforms to the contract specifications. The contractor shall send to the DGS&D supply wing and to the inspecting officer monthly list of dispatches made giving despatch; particulars, the same of the consignee and the order details against which the dispatches have been made.
7.3.c The contractor will collect from each day’s loading samples aggregating not less than 2 Kgs in the manner as prescribed in the specification. At the end of each month, the samples daily collected shall be thoroughly mixed into one lot and divided into three samples weighting not less than 4.5 Kgs. Each. One of these samples shall be sealed and retained by the works and the balance two samples are to be sealed and forwarded by the contractor to NTH for tests at their own cost stating the month and year to which the samples represent.
7.3.d The NTH will be requested to issue report of the test to the contractor as well as to the inspecting officer and the zonal DDG(QA) . Test charges for the tesing at NTH shall be borne by the contractor irrespecting of the test results. The NTH will open one sealed sample for tests and preserve the other will seals intact as a reference sample for tests in case of a dispute.
7.3.e In case the samples fail lat NTH, the dispatches made out of the production of that particular month which were represented by the sample will remain under dispute. If the next monthly sample also fails, it will be within the competence of the buyer and the inspecting officer to instruct the particular works to suspend further dispatches against the contract until further instructions.
In case of a dispute about the test results reported by NTH, if the contractor so desires the reference sample may be tested at NTH in presence of the contractor and inspecting officer/Indentor. The results such tests shall be binding on the contractor as well as on the DGS&D. In case of the adverse test results, the contractor/works shall forward to each of the DGS&D. Inspecting Authority, Inspecting Officer, Consignees, Indentor and
Controller of Accounts, a list of dispatches made out of the production of the month to which the sample in questing related, giving the number of the orders against which these dispatches were made, the consignment R/R nos. and dates and other particulars like bill Challan nos./dates.
7.4 RESPONSIBILITY OF THE INSPECTING OFFICER.
7.4.a The inspecting officer during his periodic inspection shall visit and conduct audit on the quality systems in position at the contractor’s works. The Checks/tests shall be carried out as per the proforma prescribed for this purpose.
7.4.b The inspecting officer shall collect a minimum of 12 sample in duration of not less than 2 hours. These samples shall be thoroughly mixed and divided into 2 parts each weighting not less than 4.5 Kgs. Net Spot tests shall be carried out on one part of this sample in the contractor’s laboratory in the presence of the inspecting officer.
7.4.c Results of spot tests shall be intimated by the inspecting officer to DGS&D and to the controller of Accounts for information. The second part of the spot test sample shall be retained by the contractor duly sealed jointly by him and the inspecting officer for further reference.
7.4.d In case the spot test results are not satisfactory, the dispatches against the rate contract from the days production shall be suspended with immediate effect and such suspension shall remain in force until corrective actions are taken by the contractor & fresh samples drawn for spot tests give satisfactory results.
7.5 CONSIGNEE’S RESPONSIBILITY
7.5.a The Consignee will check the number and condition of the bags and test weight of the bags and thereafter issue a clear consignee receipt certificate (CRC ). After the issue of the CRC, if a claim is made by the consignee regarding shortage/damage/loss in weight of bags, the contractor will not be irresponsible and no deduction will be made from their bills by the controller of Accounts.
7.5.b The consignee will have option to draw sample within reasonable time i.e. within 45 days from the actual receipt of the wagons. He shall intimate to the contractor and to the inspecting authority by registered post, his intention of drawing samples for confirmatory tests at NTH giving them a notice of 14 days and requesting them to be present at the time of drawing samples at his end if they chose to do so. The test result of the samples thus drawn would be binding on all concerned. In the event of the consignee not exercising option of drawing the samples within the reasonable time as stated, any complaint regarding quality will be binding on the contractor and the test results of monthly samples would be taken into consideration.
7.5.c For the purpose of drawing samples at consignees end jointly as above, these samples of 4.5Kgs. Each shall be drawn in accordance with the laid down procedure in the specification and the samples shall be jointly sealed . One of these samples shall be handed over to he contractor for their own testing and other sealed samples shall be forwarded to NTH. NTH will test one of the two samples forwarded to them and take other as reference sample. The test charges fort his testing at NTH shall be borne by the consignee unless the samples fails in tests at NTH in which event the test charges shall be borne by the contractor.
7.5.d If the representative of the contractor and the inspecting officer do not respond to the notice for or do not participate in Drawls of samples as above, the consignee shall draw the samples himself and forward two sealed samples to NTH for tests in the same manner as stated above and send the third sample to the contractor under intimation to the contractor and the inspecting officer.
7.5e. In the even of the failure of test results at NTH, a sealed reference sample kept with the NTH may be tested at NTH in presence of the representatives of the contractor and the consignees if the contractor so desires. Results of such tests shall bed binding on all parties concerned.
7.5.f After receipt of NTH test results, when it is established that some substandard supplies have been made by the contractor to the consignee, supplies if any remaining unconsumed with the consignee shall be returned by the consignee to the contractor at contractor’s cost.
7.5.g. If, however, some or all of the substandard supplies happens to have been consumed and if the indenting officer who placed the order(s) feels the same can be accepted under deviation with suitable price reduction, he will forward his recommendations to the purchaser i.e. DGS&D for a final decision in the matter and for arranging recovery from the contractor. The price reduction that may be imposed by the DGS&D shall be binding on the contract.
7.5.h. In case the cement is unconsumed and cannot be accepted under deviation, the contractor would reimburse and indemnify the cost in full.
8 CONDITIONS
COVERING CONTRACT
8.1 The rate contract and all the supply orders placed against the rate contract shallbe governed by the General conditions of Contract DGS&D – 68 (Revised)/DGS&D 69 and DGS&D – 229 as amended upto date.
8.2 ACKNOWLEDGEMENT OF SUPPLY ORDERS:
8.2.1 The Supply orders received should be acknowledged as per the following format duly signed. The acknowledgment is to be sent within 7 days of receipt of the order to the Director (Supplies) Steel and cement Directorate, DGS&D, Parliament Street, New Delhi – 110 001.
“This is to acknowledge receipt of your supply order No………. dated ______________ the stores ordered in the supply order _______________________ will be supplied on the delivery date (s) stipulated by you viz. _________________________________________________. The stores ordered by you cannot be supplied by the delivery dates stipulated by you or in the supply order but supplies can be made as under: -
Quantity. Date
Signature of Contractor.
8.2.2 The Contractor should examine the supply order placed against this RC immediately on their receipt and bring to the notice of the purchase Officer concerned within 7 days of the receipt of S/O any discrepancy with regard to the nomenclature, specification etc., of the stores ordered for due rectification. The letter to the Purchase Officer, should be sent are clear for acceptance should not held up and supplies are arranged by the date mutually agreed upto between the contractor and the Purchase Officer.
8.3 DELIVERY PERIOD.
8.3.1 Based on the settlement of prices on quarterly basis supply orders will be placed for supply during that quarter taking into consideration the quantity offered. They will be completed within the delivery period stipulated in the supply orders as far as possible. Unless otherwise specified in the schedule the supplies will be available from the date the contract commenced.
8.3.2 For nay unsupplied quantity of cement during a quarter the purchaser may consider extension in D.P. for such delayed supplies the rates applicable would be current quarter rate or the previous quantity rate whichever is lower.
8.4 PURCHASER’S RIGHT TO CANCEL
8.4.1 The purchaser reserves the right to cancel the rate contract any time during the currency of the contract without assigning any reason giving one month notice. The revocation/cancellation of the rate contract shall take effect immediately after the expiry of the notice period.
8.5 FALL CLAUSE.
7.1.1. Fall clause as stipulated in the General Conditions of Contract DGS&D – 68 (Revised) will apply with following provisions
A. It will be operative on quarterly basis.
B. It will be applicable only to the States for which the Contractor has quoted.
C. It will be applicable on the ex-works price.
D. It will not be applicable on sale of goods of lower price on or after thedate of completion of sales/placement of order of goods by the authority concerned under the existing or previous rate contracts, as also under any previous rate contracts entered into with the General/States Govt. Departments including their undertakings (excluding Joint Sector Companies and Private Parties).
E. The contractor shall furnish the required the certificates as given in the conditions of the contract DGS&D – 68 (revised) along with each bill for payment for supplies made against the rate contracts. “I/We certify that the stores of description indentical to stores supplied the Govt. under the Contract herein have not been sold/offered by me/us to any other person/orgn. upto the date of bill/date of completion of supplies during the period from ____________________ (the currency of the R/C) at a price lower than the price charged to the Government under the contract except for qty of ______________________ under the sub-clause (i), (ii), (iii) of the sub-para (b) the details of which are as follows: -
NOTE: The Cotractor will also inform the Chief of Accounts concerned & the DGS&D as soon as supplies against all the supply orders placed against the RCs are completed.
8.6 FORCE MAJEURE CLAUSE:
8.6.1 The provisions will be as per clause – 14 (10) of General Conditions of contracts from No. DGS&D – 68 (Revised).
8.6.2 STRIKES & ACCIDENTS:
Notwithstanding the above provisions, the contractors shall be liable for any delay, short supply or failure to supply which be caused by the reasons or on accounts of or contingent upon act of Govt. or the country enemies, plague, famine, pestilence, epidemics, sickness, earthquake, fires storms or floods restraints or lockout or workman, shortage of stoppage of labour break down of or accident to machinery or plant from whatever clause arising Rly. restriction or the failure in the part of railway to supply wagon failure or shortage in supply of coal or together materials required for the purpose of manufacture directly/indirectly affecting such delay, short delivery or failure to supply the buyers shall have the option whether to extend the delivery period or to cancel the contract in respect of the quantity undelivered, such option to be declared in writing within 7 days of receipt of notice from the contractor.
8.6.3 REGULATION OF DESPATCH:
Without prejudice to the provision above the contractor shall not be liable for non delivery of delay of whole or part of an order due to irregularity or insufficient supply of railway wagon and the contractor and or the suppliers will be at liberty to regulate despatched against all orders (DGS&D) as despatches proportionately or in relation with the quantity of cement available and wagon supply.
9 Despatch instruction:
a. The deispatch should be made only in fair resons.
b. Prior approval of the indentor/consignee should be obtained before despatching the consignment.
c. The contractor should accept all liabilities for shortage damages/pilferage/loss etc. and settle the claim if any with the carriers direct.
9.1 NOTIFICATION OF DELIVERY AND DESPATCH:
9.1.1 Consignment should be properly and securely packed and every precaution taken to avoid loss and damage in transit. The description of stores will be stencilled on each constrained or packages where possible.
9.1.2 The contracts must forward the Railway Receipt Under Regd. Post ack. due immediately.
9.1.3 The day, the wagon is despatched the loading advice should be sent through telegram or any other means of communication so that the consignee gets the information well in time and before the arrival of rake/wagon.
9.1.4 Should any wharfage demurrage be incurred owing to delay in getting the dispatch communication charges will be recovered from the suppliers. If the consignee has to incur demurrage/wharfage charges due to his fault they should report to DGS&D before authorizing recovery.
9.1.5 Challans in triplicate must be submitted to the consignee sufficiently in advance of the actual arrival of stores at destination failing which RC holders will be held responsible for any subsequent discrepancy between the stores detailed in the challan and the stores actually received by the consignee.
9.1.6 The goods shall be dispatched by the goods train. In case, where the contractor dispatches the goods by passenger train unless expressly asked by the Purchaser/Indentor/Consignee, the extra freight shall entirely be to the contractor’s account.
9.1.7 BOOKING OF SUPPLIES BY RAIL:
i. Supplies should be booked at full wagon loads where available and by the most economical route having regard to the arrangement for the rationalization of movement of notifications dispatches together with RR and copy of the bills should be sent to each consignee.
ii. It is obligatory on the consignee/indentor to take delivery of wagons on indemnity bond in case they don not receive the desptach advise the RR in the time. Should any demurrage/wharfage charges be by incurred consequent in delay on the part of the contractor’s works in forwarding the Rly. Receipt the amount of such charges hall be paid by the contractor and be deducted from the contractor’s bills.
iii. If the indentors insist on obtaining their requirements of Cement less than wagon load from the Contractor’s work they shall bear this railway freight 3rd class rate of freight. Cement shall be dispatched freight to pay at public tariff rate unless otherwise instructed by the purchaser. The consignee shall pay freight and all other charges at destination. Suppliers will afford credit for freight in their bills.
iv. Cement shall be booked at railway risk by the works to such destinations as may be notified by the buyer. All conditions of the railways receipt shall be binding upon the buyers and rly. Weight shall be accepted as corrected and the clear RR for cement delivered to the carriers by the contractor’s works shall be the evidence of correct delivery and time of delivery.
10 TRANSIT LOSS.
10.1 Responsibility for loss, shortage, damage etc. in transit enroute or at destination ceases once the goods are handed over to the carriers after booking the consignment under clear RR at railway risk. If there is any shortage or damage in supply it must be recorded by the consignee with the carriers concerned. It is obligatory on the consignee to insert suitable remarks at the time of taking delivery and claim for the same should be preferred by him immediately with the carriers in the delivery book regarding shortage/damages etc. and to prefer their claim in time and also inform the contractor simultaneously. For loss/shortage/damage in transit in respect of consignment booked under at railway risk the suppliers will not be responsible. In such case the consignee will take up the matter with the railway for direct settlement. if the claims are rejected by the carriers, the indentors consignees will have to bear the loss. The Controller of Accounts will make full payment for the quantity despatched.
10.2 For loss/damage/shortage in respect of consignment either under qualified RR or a owner’s risk. The responsibility will rest with the contractor and the Controller of Accounts will make necessary recoveries on the basis of remarks incorporated by the consignee on the receipted certificates.
10.3 It is obligatory on the part of the consignee to indicate on the receipt certificate the nature of railway receipt in the following way: -
Stores were despatched under clear RR.
Rly. Receipt marked.
S.C. (Said to contain).
S.W.A (Sender’s and unloading by owner).
L&W (Loading and unloading by owner).
Loading supervised by Railway at railway risk/owner’s risk.
11 PAYING AUTHORITY:
11.1 The name of the paying Authority for supplier made under the contract will be from one of the officers mentioned below depending upon the location of the contractor.
Chief
Controller of Accounts,
Controller
of Accounts, Deptt. of Commerce (Supply Division)/Bombay/
11.2 SYSTEM OF PAYMENT:
11.2.1 Advance 98% payment of supplies of cement will be made on the submission of bills giving proof of despatch of supplies without inspection certificate with particulars mentioned above. Balance 2% payment will be made on submission of bills duly supported by the ______ consignee receipt certificate (CRC). The consignee’s receipt should be prepared and posted under Regd. Cover to the contractor within 7 days of the date of receipt of goods. If, however, the contractors are unable to get the consignee receipt certificate within a maximum period of 2 (60 days) months form the date of dispatch of cement i.e. the date of Rail receipt they will be entitled to get the balance 2% payment within CRC.
11.2.2 In case of dispatches by ship, contractor can claim balance 2% payment with CRC after a period of 60 days from the date of receipt of the stores at the destination provided there is no less on damage report from the consignee.
11.2.3 Alternatively, the contractor will be at liberty claim 100% payment on submission of bills accompanied with CRC.
11.2.4 Where stores are delivered locally in the same station as that in which the contractor’s factory is situated final 100% payment will be made against CRC. In such cases of local delivery the trade receipt will be accepted for the purpose of final 100% payment in lieu of CRC on form DGS&D – 84.
11.2.5 By trade receipt, it is meant any form of receipt taken from the consignee in lieu of receipt certificates. Trade receipt should however be prepared in duplicate, copy No. 1 marked to Accounts office opy and duly signed in ink by the consignee.
11.2.6 For the purpose of 98% the following should be considered sufficient proof of dispatches:
a. In case of supply rail the No. & Date of RR quoted in the Bill.
b. In case of supply by ship bill of loading quoted in the Bill.
c. In case of supply by country craft the contractor’s certificate of dispatch supported by the certificate of loading issued by the Port Authority.
d. In case of supply by road the consignee’s provisional receipt certificate.
11.3 The consignee shall take an extra copy of the receipted certificate and forward the same under Regd. Post to the concerned paying authority clearly marking the same “not for payment.
11.4 The contractor must furnish the prescribed (DGS&D-200) in duplicate along with their bills for payment against the last installment of the contract to the controller of Accounts.
11.5 The contractor shall furnish the following certificate on the bills from No. 135 in respect of all bills for advance payment.
“I/We have personally examined and verified and hereby certify that the goods in respect of which the payment is being claimed have been actually dispatched by me/us under RR No. _____________ Bill No./Air consignment No. /Postal receipt No. & Date _________________ duly drawn in favour of the consignee which is genuine and mentioned in the bills and the I/We had myself/ourselves personally responsible for the correctness of the statement.
I we further certify that the above mentioned RR No./Bill No./Air consignment No./Postal Receipt No. & Date _________________________ has been forwarded to the consignee mentioned in the contract under Regd. Post Ack. Due on _______________________________.
The above certificate is to be signed duly authorised person of the contractor and he should be the same as signing of bills. His designation on whose behalf he has signed the bill is required to be indicated below his dated signatures.
11.6 BILLS:
i. The Bills should be prepared on the standard from DGS&D – 135 (copies which cane be obtained from the nearest purchase/organization of DGS&D) in accordance with the instructions & submitted to the controller of Accounts, Bills for all supplies will be submitted by the contractor Sales Manager concerned and payment will be received by them on behalf of the manufacturers wherever applicable. The preparation of bills correctly and their submission to the COA is a condition precedent to payment thereof.
ii. If payment of bills, which is complete in all respect is not received within a reasonable time the contractor should remind the COA and failing satisfaction report the matter to the Purchase Officer.
11.7 FREIGHT CHARGES IN CASES OF REJECTED SUPPLIES.
i. In case supplies are rejected on arrival at destination those will be rebooked to the contractor if so desired freight to pay at PT rate whether these were originally booked under the military or railway concessional rates or at the PT rates.
ii. If the goods are not required to be replaced, the freight if any, paid by the consignee on the original consignment will be received from the contractor/either in cash or by deduction from their bills. If the original consignment was booked at the military or Railway concessional rate, the charges actually incurred by the consignee will only be recovered.
iii. If the goods required to be replaced such consignment for replacements will be books by the contractor on “freight paid” basis at the PT rate irrespective of fact whether the original supply was made at the PT rate or at the Military or Railway concessional rate.