CONTRACT FORM (AGREEMENT)

This Agreement made the ______ Day of ___________ ’2019 between the
District Educational Officer, Visakhapatnam on behalf of the Government of
Andhra Pradesh, India (hereinafter called “the Purchaser”) of the one part and
______________________________________ (hereinafter called “the Supplier”) of
_________________________ (City and country of “the supplier”) on the other part.

Where as the purchaser is desirous that certain Commodity (Egg) and

ancillary services Viz., (brief prescription of Commodity (Egg) and services) and
has accepted an agreement by the Supplier for Supply of those Commodity (Egg)
and services in the sum of (NECC rate + 0.81 paise (Eighty One Paise only) for
Plain area and NECC rate + 0.97 paise (Ninety Seven Paise only) for Agency
area) (herein after called “the Contract Price”) as approved by the District Level
Purchasing Committee, Visakhapatnam headed by the Chairman & Joint
Collector, Visakhapatnam in terms of Progs. File No.DEO-MDM/24/2018-
JA(MDM)-DEOVSP, Dated 14.02.2019 towards supply of Eggs to the school
points of all the Mid-day-Meals providing schools located in
________________________________ Mandals for a period of 1 year w.e.f.
15.02.2019 to 14.02.2020 (the performance & Contract will be reviewed once in
3 months by the monitoring committee constituted for the purpose of accurate
and regular supply of eggs).
 UNIT PRICE
Name of
Name of
the
the Rate per Transportation
SL.NO. YEAR Commodity Mode of supply
Mandals each Egg to charges TOTAL PRICE
to be
allotted be supplied included
supplied

NECC Rs.0. 97 paisa

The Eggs
Monthly per Egg
1 NECC + 0.97 should be
Average Rate Schools located
supplied once
including all in Agency area
in a week to the
taxes
2019-20 Eggs (Hen) Rs.0. 81 paisa School points
packing
per Egg to all the Mid-
charges
schools located day-Meals
2 loading and NECC + 0.81
in Rural & provided
unloading if
Urban areas schools.
any
(Plain area)

NOW THIS AGREEMENT WITNESSTH AS FOLLOWS:

TERMS AND CONDITIONS OF CONTRACT

1. That this contract is for a period of one year from 15.02.2019 to 14.02.2020
(the performance & Contract will be reviewed once in 3 months by the
monitoring committee constituted for the purpose of accurate and regular
supply of eggs). Whereas in the event of breach of agreement at any time
on the part of the Suppliers the contract shall be terminated by the District
Educational Officer, Visakhapatnam on behalf of the Government without
assigning any notice and compensation.

2. That the rate approved above per egg & the transportations charges per egg
is final and it binds on the firm during the contract period irrespective of
escalations if any in local market.

3. That the above all rates are inclusive of applicable TDS, taxes and packing
charges, damage, pulp tray cost, transportation charges up to the Mid-day-
Meals serving school points and loading, unloading charges at respective
schools. In case of interior schools & if it is not possible to transport the
Eggs to the door steps of interior schools by Van the supplier should supply
the Eggs by making alternate arrangement @ his own cost & responsibility.

4. EMD / Performance security shall be deposited @ 10% of value on monthly

indent or 1% of value on estimated one year requirement. No exemption is
permitted.

5. The transportation rate can be reviewed every six months.

6. No Sub-Contracts permitted

7. The Eggs should be supplied @ 30 eggs in each tray with average weight of
50 grams per egg excluding tray weight.
8. The Eggs should be supplied once in a week to the door steps of the Mid-
day-Meals serving school points as per the indents placed by the
Headmasters through Mandal Educational Officers concerned.

9. The supply of eggs should be ensured from the Monday to Thursday to

the Mid-day-Meals schools for the next week indent. The supply should be
completed as per schedule, specified by the department as above.

10. The supplier should follow NECC guidelines for color stamping of the eggs
(hen). The colour coding shall be:

Weekly Colour
1st Week Yellow
2nd Week Green
3rd Week Blue
4th Week Red
5th Week (in relevant months) Brown

11. The colour stamping should indicate “MDM-AP” wording to avoid

possibilities of recycling/ resale and stamping should be done in indelible
ink.

12. Eggs should be supplied at the Mid-day-Meals serving school points duly
weighed in the presence of the Headmasters of the school concerned. The
supplier shall bring a weighing machine to the center for this purpose. The
weighing machine should show three decimals. The School address details
will be provided by the concerned Mandal Educational Officer / Deputy
Inspector of Schools (Urban Range), Visakhapatnam.

13. Unauthorized materials delivered in error of wrong description or quality

or supplied in excess quantity or outdated eggs shall be returned to the
Supplier at his cost and risk.

14. Supply of unauthorized or Sub-Standard or old eggs detected at any date

during or after supply shall be notified to the Supplier, such eggs shall be
replaced forthwith by the Supplier at his own cost. Any penalty or
litigations arising out of such supplies shall be the responsibility of the
Supplier and any consequential damages shall be fully compensated by the
Supplier.

15. The Eggs (hen) should be delivered in plastic / cotton trays which will be
collected by them in the next trip so that it does not break.

16. The supplier has to replace the broken/damaged Eggs/small eggs (hen)
immediately if any found at the time of delivery.
 17. The supplier shall make following arrangements to ensure that the eggs
(hen) are supplied clean / hygienic without any bacteria or any disease.

i. The egg tray should not be recycled without proper cleaning.

ii. It should not have any fiscal matter or any other such waste materials.

18. Eggs shall be unloaded at delivery points during working hours only, i.e.
between 9 AM to 4 PM.

19. The implementation of biometric tracking process of delivery of eggs online

or offline as the case may be, two months will be allowed for streamlining
and stabilizing the biometric tracking system of eggs delivery. The HOD is
proposed to develope an application which required a mobile phone with
biometric device with each transporter who will be taking the biometric
authentication of the Mid-day-Meals serving school points on delivery of
eggs. This application is works both in online and offline. The
implementation of biometric tracking process is mandatory and not
optional.

20. If the supplier fails to deliver any or the entire commodity (Egg) or to
perform the services within the period(s) specified in the contract, the
purchaser shall, without prejudice to its other remedies under the contract,
deduct from the contract price, as liquidated damages, a sum equivalent
to

1. 0.50 % of the delivered price of the delayed commodity (Egg) if delayed for one day.
2. 2.00 % of the delivered price of the delayed commodity (Egg) if delayed for two days.
3. 4.00 % of the delivered price of the delayed commodity (Egg) if delayed for three days.
4. 6.00 % of the delivered price of the delayed commodity (Egg) if delayed for four days.
5. 8.00 % of the delivered price of the delayed commodity (Egg) if delayed for five days.
6. 10.00 % of the delivered price of the delayed commodity (Egg) if delayed for six days.

Once the maximum is reached, the department may consider termination of the
contract.

The characteristics of Egg (hen) to be supplied shall be as follows:

i. Shell: Clean, unbroken, practically normal.
ii. Thickness of shell: At least 0.33 mm (soft shell and thin shell eggs will not be
accepted).
iii. Yolk – Outline may be fairly defined and practically free from defects.
iv. White – Clear & reasonably firm (60 to 70 Hough units)
v. Density – shall be more than that of water.
vi. Weight – shall be more than 45 grams.

21. At the time of delivery of stocks by the suppliers, the stocks will be
subjected to quality verification by the quality control committee at Project
or Mandal Level.

22. In the event of supply of stocks not confirming to specifications as

indicated, such stocks are liable for rejection, and will be viewed seriously
besides imposing Penalty.
23. Any deviation in quality specifications in terms and conditions are noticed
the said supplier will be blacklisted from participating in further tenders of
the Department besides recovery of any loss /damage sustained by the
department in this account.

24. Eggs (hen) shall comply with Government of India approved AGMARK, Food
Safety and Standards Act 2011. Details specification of each item can be
sought by the prospective supplier by contacting this Department.

25. In case if the concerned officer of Department is not satisfied with the
quality of Commodity supplied, then he would arrange to draw samples in
the presence of the supplier (representative if present) and forward the
same for testing and certification.

26. Even If any Mid-day-Meals serving school is in remote area where the eggs
cannot be transported by Van or any vehicle, the supplier shall make
necessary suitable arrangements with his own resources to supply the
Eggs to the remote Mid-day-Meals serving schools. The Eggs should be
supplied without interruption.

27. The Suppliers are informed that their performance & Contract will be
reviewed once in 3 months by the monitoring committee constituted for the
purpose of accurate and regular supply of eggs.

28. The suppliers shall obtain acknowledgements from the Headmasters

Concerned duly countersigned by the Mandal Educational Officers and
submit the same to this office along with bills for preparing bills to
Treasury.

29. For irregular supply of Eggs the contract shall be cancelled besides
forfeiting E.M.D/Security Deposit. For supply of spoiled, damaged Eggs
frequently & if the monitoring committee is of the opinion that the supplier
is repeatedly committing the mistake the firm will be blacklisted besides
cancellation of contract, forfeiting of E.M.D/Security Deposit & also
prosecuting the supplier

30. The payment of bills for eggs supplied and certified by the Mandal
Educational Officers will be paid subject to availability of budgets

31. The Joint Collector & Chairman, District Level Purchasing Committee,
Visakhapatnam have a right to cancel this contract/agreement at any time
without assigning any reasons or prior notice.
 DELIVERY SCHEDULE

IN WITNESS whereof the parties hereto have caused this Agreement to be

executed in accordance with their respective laws the day and the year first
above written.

Signed, Sealed and Delivered by the

said ........................................................................ (For the Purchaser) in the

presence of ....................................................

Signed, Sealed and Delivered by the said

........................................................................ (For the Supplier) in the
presence of ................................... ::.........................