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OFFICE OF THE EXCISE COMMISSIONER

CHHATTISGARH

Raipur, the 12th February 2020

TENDER-NOTICE

TENDERNOTICE FOR THE MANUFACTURE AND SUPPLY OF COUNTRY LIQUOR IN SEALED & PACKED BOTTLES BY DISTILLERS OF CHHATTISGARH FOR THE PURPOSE OF SUPPLY IN THE AREA OF RAIPUR, DURG, BEMETARA, BASTAR, BILASPU& KORBA, JANJGIR.CHAMPA AND RAIGARH IN THE STATE OF CHHATTISGARH.

3l Tender form will be issued till the date 04-03-2020 (During working hours) i.e. one day before of Tender opening.

Chhattisgarh

237

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OFFICE OF THE EXCISE COMMISSIONER CHHATTISGARH

Raipur, the l2th February2020

TENDERNOTICE

TENDER NOTICE FOR THE SUPPLY OF COUNTRY SPIRIT IN SEALED BOTTLES IN SUPPLY AREA OF RAIPUR, DURG, BEMETARA, BASTAR, BILASPUR, KORBA, JANJGIR-CHAMPA AND RAIGARH OF THE STATE OF CHHATTISGARH.

No./EX./Distilleryl²⁰²⁰/⁷¹⁶. - Sealed Tenders (separate for each supply area, to be mentioned in the offer) are invited from distillers of Chhattisgarh for the grant of licence (s) under the provisions of the Chhattisgarh Country Spirit Rules, 1995 to supply Counfy spirit to bonded warehouses for supply of Country Liquor to retail sale licensees in sealed bottles for a period commencing 1st April 2020 and ending 3lst March 2021.

(i) The Tenderer should be a distiller holding appropriate licence of Chhauisgarh Govemment for operating distillery.

(ii) Every intending distiller is free to Tender for any one or more supply area.

3. Tender (s) for supply area/areas will be considered on the basis of the following factors :

(i) The rate quoted for supply-

The rate quoted by a Tenderer as compared to the rates quoted by other Tenderer. In case of equality of lowest rates quoted by more than one Tenderer, decision to consider one Tender out of such Tenders will be taken by draw of lots.

(ii) Performance or conduct if the Tenderer held a similar licence in the past-

While assessing past performance and conduct, regularity of liquor supplies to the area/areas earlier allocated would be taken into consideration.

(iiD Production capacity, financial position etc. - (a) While determining the capability of the tenderer of supplying the required quantity of country liquor in sealed bottles from their distillery to the area /areas for which he has submitted tender(s), his production capacity and the financial resources at his command will also be kept in view.

(b) The decision to accept or reject a tender shall be taken on the basis of tender / tenders received in the light of the above and any other relevant factor and the decision of Excise Commissioner will be final and binding on all tenderers. It is also notified for the information of intending tenderers that tenders of a distiller in respect of only such number of supply areas may be considered of which the total estimated quantity of Annual consumption of country liquor for retail shops as given in clause No. 7.2 of Country liquor in the State for the year 2020-21, does not exceed 90% of the production capacity of rectified spirit of the distillery. The production capacity of the distillery will be the production capacity approved in the D-l Licence.

(c) If the tenderer has submitted tender in respect of such number of areas of which the total estimated quantity of Amual consumption of country liquor for retail shops as given in clause No. 7.2 , exceeds 90% of the production capacity of the distillery as aforesaid, tenders in respect of such areas, of which the amual estimated requirement of issues is in excess of 70o/o of the production capacity shall be liable to be rejected or not to be considered at all. The Government may decide to allot such areas to tenderers who have submitted tenders for only such number of areas of which the total estimated quantity of issues of country liquor for retail shops for the year 2020-21 is less than 90% of the production capacity of the concerned distillery. This allotment will be subject to maximum limit of 90Vo of the production capacity ofthe concerned distillery on his quoted rate.

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(d) The successful tenderers shall be allowed to export rectified Spirit & ENA outside the State only after getting permission in this regard from the Excise Commissioner. The said permission shall be given only after ensuring that the exports shall not affect the continuity of supply of country liquor to the State.

TERMS AND CONDITIONS OF THE TENDER

4.

Every Tenderer shall have to observe the following conditions amongst others :-

(D It is essential for the Tenderer to purchase the Tender document from this office and submit the rate in the format enclosed therein.

(iD The Tenderer shall deposit along with the Tender, earnest money amounting to Rs. 10.00 Lakh only by crediting it in Government Treasury in Chhattisgarh under the major Head "8443- Civil Deposits", Minor head Revenue Deposits and Security deposits" for each supply area and attach the treasury challan with the Tender. A bank draft issued by any branch of rationalizedlscheduled commercial bank in favour of the Excise Commissioner, Chhattisgarh payable at Raipw for an equal amount shall also be acceptable. A Tender, which is not accompanied by a treasury challan or bank draft for Rs. 10.00 Lakh. for an area shall be summarily rejected. The earnest money deposit shall be forfeited if the Tenderer, in the event ofacceptance ofhis Tender, fails to deposit security, when required to do so, or fails to accept the offer ifmade to him or ifhe is unable to carry out his contractual obligations, or fails to abide by condition no. I I ofthis notice. In case a Tender is not accepted, the earnest money, if not liable to be forfeited, shall be refunded.

(iii) The Tender shall be accompanied by complete address of the Tenderer and if the Tenderer is a frm, copy of registration of the firm, latest partnership deed, abstract of Registrar of Firms issued by the Registrar of Firms and Societies and a list of all partners and their complete addresses; and if the Tenderer is a company, copy of certificate of incorporation, memorandum and articles of association, a certified list of board of directors along with their complete addresses and the resolution passed by the board of directors to submit the Tender and enter into an agreement, in case of finalization of Tender with the Excise Commissioner of Chhattisgarh.

(iv) The licensee shall not hypothecate, sell, mortgage, transfer or sub-lease his licence in C.S.l and/or CS l-B, or enter into parbrership for the working of the said licences, without the prior permission in writing of the Excise Commissioner, which shall be endorsed on the licences.

5.

The Tender shall be accompanied by the following documents: -

(i) Certif,red copy of distillery licences for the year 2019-20. (iD No Dues and credibility certificate regarding past performance with respect to production and supply of country spirit by the Excise Commissioner, Chhattisgarh.

(iii) Certificate regarding actual annual production of spirit (R.S. & E.N.A. Separately) during the last four years (i.e. from 2015-16 to 2018-19) and updated production ofcurrent year from the officer-in-charge of the distillery.

(iv) An undertaking by the Tenderer on an affidavit that the distiller has already installed or taken sufficient measures to install effluent treatment plant in the distillery and the distillery is not likely to be closed on the ground of absence or inadequacy of effluent treatment measwes during the period ofcontract.

Note: - The prescribed formats are attached with the Tender document. (v) Authorisation certificated in favour of authorised signatory.

6. (D The successful Tenderer shall make all such arrangements of manufacturing and bottling of country spirit as would be necessary to ensure that he is capable of supplying up to 1.5 times the estimated supply of the country spirit in that supply area"/areas.

(ii) It will be the responsibility of the successful Tenderer to arrange supplies of country spirit (manufactured using standard rectified spirit manufactured in his distillery) to storage warehouses ofthe supply arealareas during the entire period ofthe contract.

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(iii) The country spirit, bottles, labels and bottling caps should be ofsuch good quality, standard pattern and specifications, as prescribed by the Excise Commissioner from time to time.

The country spirit shall be manufactured using rectified spirit by reducing, blending, essencing, colouring, flavouring, maturing, bottling, labeling, sealing etc. The rectified spirit shall be converted into the country spfuit using the above procedure. He will sell only hygienic potable country spirit to the retailers and will ensure that it is fit for human consumption. (FSSAI License copy to be Annexed)

(iv) The issue of country spirit shall be only in boxes as per BIS packaging norms. 12 bottles of 750 ml., 24 bottles of 375 ml. and 48 bottles of 180 ml. shall be packed in one box. "Adequate white space should be created on both side of the packing carton for the printing of lD barcode for fack &trace pu4)ose."

(v) The bottles used in bottling of counfiy Liquor shall be uniformly made and must be of round shape in all the three sizes invariably i.e. 750 m1.,375 ml and 180 ml. There would be also appropriate embossing on all the bottles with "CSMCL Mono" and "For Sale in Chhattisgarh State only". The prescribed details of bottles and CSMCL Mono shall be as per Annexure- VIII.

(vi) The supply of country spirit in different sizes shall be done as per demand. The retailer shall be provided with the country spirit of 25 degree under proof Masala and 50 degree under proof Plain in glass bottles.

(vii) The Tenderer has to quote for one box of masala 25 U.P., one box of plain 50 U.P. country spirit separately for glass bottles. He will quote a rate for a box containing 750 mL,375 ml and 180 ml bottles as per proforma enclosed in Annexure-IV.

(viii) The rate Quoted should include Ex-factory Price and Excise Dufy or Countervailing Duty as applicable. The supplier will supply Country Spirit to Storage warehouse/warehouses after payment of Excise Duty or Countervailing Duty as applicable. This entire price shall be paid by the retailer to the successful Tenderer after lifting of Country Spirit from Storage warehouse. Beside this any Government levies/taxes/duties shall also be paid by the retailers as imposed by Govemment. The Tenders will be evaluated on the basis of average rate quoted per box for Masala and plain country spirit of glass bottles. The successful Tenderer will supply country spirit on his quoted rates.

(ix) Retail Selling price are to be printed on each kind and size of labels as directed by the Excise commissioner.

(x) The following information is to be Bar-coded on the labels affxed to the bottles of liquor supplied to the Corresponding in areas of supply.

(a) Name of Country.

(b) Name ofthe Company.

(c) Name of the Brand.

(d) Size ofthe Package.

(e) Check Digit. (f) Retail Selling Price

The above information will be over and above the requirements stipulated in the State Excise label, which may be affrxed on the bottles separately.

(xi) The successful Tenderer will have to affix holograms on all sizes of the bottles of country spirit as prescribed by the Excise Commissioner on his own cost. No extra cost will be payable for this purpose.

(xii) The successful Tenderer shall take care of fire safety and will arange for sufficient fire fighti"g equipments in each of the bottling unit and warehouses. He will take care of hygiene and up keeping too of the bottling units and warehouses.

(xiii) The glass bottles which are used for bottling of country spirit should be compulsorily double washed and no dirty bottles will be permitted to be used.

(xiv) Every successful Tenderer should employ a Quality Control manager in each bottling unit who will be squarely responsible for the qualrty of the country spirit.

(xv) Every consignment should possess a Chemical Analysis Report of that liquor with a certificate of Fitness for Human Consumption.

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(xvi) The water being used to manufacture country spirit should be used only after getting it tested and certified to be safe for human consumption by the Public Health Engineering Department/ Government approved Lab. once in a quarter. Besides the water should be used only after softening it.

(xvii) The colour and essence used should be of food grade quality. The successful Tenderer will have to produce certificate of the manufacturer of these items for every lot purchased and brought to the bottling unit by him.

(xviii) Every reduction should possess a separate Batch No.. (xix) Three samples of every reduction (Batch No) will be collected and preserved for one month so that they can be tested in case of any complaint regarding the quality of the country spirit.

(xx) Every bottling line should be washed regularly each time after completion as well as before start of a bottling session.

(xxi) The labels of every size of Masala and Plain country spirit bottle shall be approved by the , Excise Commissioner prior to their use. [See Rule ⁴ (¹²) O) of Chhattisgarh Country Spirit Rules, 19951

(xxii) Labels should be aff,rxed on the liquor bottles in such away that they will not come off while handling.

(xxiii) Norms prescribed by the Food and Drug Administration and Bureau of Indian Standard should be adhered to while manufacturing country spirit.

(xxiv) Country spirit manufacturing bottling unit and warehouses should be properly lit as per prescribed standards.

(xxv) Workers handling bottling of country spirit should invariably use hand gloves so that quality ofcountry spirit is not adversely affected.

(xxvi) To measure the country spirit and rectified spirit, a flow meter, whose least count should not be more than one litre should be installed in each vat of manufacturing bottling unit. (xxvii) Proper GI pipelines should be used for transfer of spirit and water in manufacturing bottling unit. No rubber hoses will be permitted for transfer of spirit and the spirit shall not be manually transferred.

(xxviii) The strength of rectified spirit meant for production of country spirit shall not be less then 60 degree over proof.

(xxix) To ensure use & availability of glass bottle for country liquor as an institutional measure, the distilleries shall provide at least 40Yo of thetr supply of glass bottles to the retailers in new glass bottles. The District Excise Officer (Distillery) will verify use and stock of new empty glass bottles by the tenderers and will report to Excise Commissioner Office by 7th of succeeding month.

(xxx) All Supply Storage warehouses shall mandatorily have CCTV Cameras. The Camera and Connectivity will be provided by successful Tenderer of the Area concerned.

(xxx) The risk/olss if any involved in storage of Country Liquor in warehouse will be borne by the distiller.

7. Annual Consumption of Country Spirit in Areas of Supply :-

7 -l The actual issue of country spirit may exceed the estimated issue of country spirit for 2019-20. The Tenderer shall bind himself to meet the full requirement of supply of plain and masala country spirit from the storage liquor warehouses(s) and also to establish and service manufacturing bottling unit as and when directed by the Excise Commissioner in accordance with Chhattisgarh Country Spirit Rules, 1995 in respective supply arealareas.

The details about actual issues of spirit from warehouses attached to each district during the period from April 2019 to December 2019 are shown below for general information:-

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Note :- A list of warehouses is annexed in Annexure-I.

7.2 The tentative Annual Consumption of Country Spirit in Areas of Supply for 2020-21-

As per actual consumption of Coun@ Spirit in 9 months the tentative Annual Consumption of Spirit will be as below :-

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8. (i) The successful Tenderer will have to supply 25 degree under proof Masala and 50 degree under proof plain country spirit on the rate accepted/sanctioned by the Govemment and shall have no right to ask for revision of rates due to change in any levy, cost of raw material, export, import fee or any other taxation during the currency ofthe contract period.

(iD The State Government shall have the right to extend the period of contract for such period not exceeding 6 months as may appear appropriate in the circumstance prevailing at the time of conclusion of the contract period on the same terms and conditions and the successful Tenderer shall be bound to continue supply during the extended period.

(iiD The conditions of the licence for supply and rules applicable to such supply are subject to revision from time to time at the discretion of the State Govemment.

9. Successful Tenderer/trolder of warehouse shall have to pay the rent of the departmentaVGovernment warehouse at such rate as may be fixed by the P.W.D. or State Government. In case of default, the rent shall be recoverable from the licensee/holder of warehouse. If a Government building is not available, the successful Tenderer holder of warehouse will have to make his own amangements for warehouse building.

9(A). Successful Tenderer shall have to transport Liquor from distillery to warehouse as per demand of Chhattisgarh State Marketing Corporation Limited (CSMCL) in respective area and also has to transport country liquor to Retail shops as per demand of Chhattisgarh State Marketing Corporation Limited(CSMCL) and has to quote rates accordingly.

9(B). In case of short supply of Country Liquor in supply area as per demand. The supply area may be detached and allotted to any other Country Liquor supplier, whose capacity is not exhausted as per tender notice condition No.3 (iii).

9(C). In case of default from all the suppliers of the State, the Excise commissioner would be free to arrange the supply from any supplier out-side the state with the prescribed specifications on risk and cost of the approved supplier ofthe supply area concerned.

9(D). Country Liquor is to be transported from Distillery to Warehouse and to Retail shops in sealed containers preferably as approved by Excise Commissioner. The containers will be sealed by digital lock as approved by Excise Commissioner or his authorized representative.

10. If directed by the Excise Commissioner Successful Tenderer shall have to purchase the balance of country spirit at the rates applicable to the outgoing licensee.

11. (i) The successful Tenderer, will have to deposit a security amount as mentioned in Annexure-Il in respect of each area. This amount shall be deposited in cash, or by means of a bank draft or bank guarantee valid up to date 30.09.2021 issued by a branch of any nationalized or scheduled commercial bank in favour of the Excise Commissioner, Chhattisgarh payable at Raipur.

(ii) The successful Tenderer will have to submit 9 post dated cheques of nationalized/scheduled commercial bank issued in favour of Excise Commissioner, Chhattisgarh Raipur, each for the amount equivalent to security amount mentioned in Annexure-Il as an additional security. The post dated cheques shall bear the first date of month starting from April 2020 to December 2020.

12. The Successful Tenderer shall have to Submit an undertaking to pay the losses and compensation for damages to the state government and retail licensees in case of failure or delay of supply of country spirit in his area. In such cases, the supply ofcountry spirit would be ensured from an alternative source at his risk and cost. If there is pendency of challans for issue of country spirit due to inadequate supply of country spirit in a particular fortnight. The successful Tenderer shall be treated as a defaulter. In case of more than one such case of continuous default it will be treated as continuous failure of supply. In such case of continuous failure of supply or other exigencies, the supply area of the successful Tenderer may be detached and allotted to adjoining country spirit supplier (CS-l licensee) whose rate is the lowest and whose capacity is not exhausted as per condition 6 of this Tender In exceptional cases where, at any point of time, the Excise commissioner feels that the contract rate has become unviable due to unusual increase in the prices of raw material, coal etc. and it is not possible for any one of the supply contractor to supply country spirit at the existing rate, then fresh Tenders may be invited for that area at the risk and cost of the defaulting supplier. The difference in price would have to be borne by the defaulting Tenderer. The said losses, compensation and difference would be recoverable from the earnest money referred to in Para 4 (ii), and security deposit referred in Para 1l of this Tender. Any left over recovery would be recoverable as alrears ofland revenue from the Tenderer.

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13. The Tender shall be submitted in two separate sealed covers. The first sealed cover, said to be "Part One", shall contain documents/instruments detailed below and have superscribed part- one/documenVinstruments for the eligibility for Tender for the supply of country spirit in sealed glass bottles for ........ (Name the area)." If a Tenderer applies for more than one area he is required to submit the documents mentioned in conditions 4 (iiD and 5, once only. The certificate/document/instrument to be enclosed are as follows: -

(i) Earnest money deposit as per condition No.4 (ii)

(iD Details as per condition No.4 (iii)

(iii) Certificates/documents as per condition No.5

The second sealed cover said to be "Part Two," will be given only in prescribed form Annexure-IV and submitted in double sealed cover and have superscribed "Part-Two: Tender for the supply of country spirit in sealed glass bottle for ..............(Name of the area)". The word "sealed" means the envelope should be properly closed and pasted so that the papers inside the envelope are not readable without opening it.

Both the envelopes should be kept in one main sealed envelope and should reach the undersigned not later than 1.00 pm on date 05-03-2020 (Incase tender receiving/opening date is declared holiday, tender will be received/opened on next working day at same time). The sealed envelope will be opened at2.00 pm on the same day by the Excise Commissioner or an officer nominated by him. After opening the main sealed cover, the envelope "Part One" containing documents/insffuments necessary for eligibility, shall be opened. On scrutinizing if the Excise Commissioner is satisfied that the Tenderer is eligible for submitting Tender under this notice, only then the Tender submitted in prescribed form in "Part Two" shall be opened.

14. The prescribed Tender form can be obtained from the office of the undersigned on payment of Rs. 20,0001- (Rupees Twenty thousand) for each form in cash or bank draft in favour of the Excise Commissioner, Chhattisgarh, payable at Raipur.

The Tender forms can also be sent by post to the Tenderer if so desired by him. The document will be dispatched through post office of the Department of Postal, Government of India only after receipt of Rs. 20,1001- (Rupees Twenty thousand, One hundred) for each area, to be paid in the form of bank draft of any nationalized or scheduled commercial bank drawn in favour of Excise Commissioner, Chhattisgarh, payable at Raipur. The department takes no responsibility for delay in receipt by the Tenderer.

15. Submission of Tender by a Tenderer shall imply that he has read and understood the provisions of the Chhattisgarh Excise Act, rules made there under specially Chhattisgarh country Spirit Rules, 1995, the detailed terms and conditions of the Tender, The contents given in Tender notes shall be a legal binding on the Tenderer and the tenderer has to sign each and every page of tender document and other documents annexed along with tender.

16. These terms and conditions will be applicable in case of Re-Tendering too during the Tender period 2020-21.

17. Minor omissions/errors in the Tender form can be got corrected on the spot by the Excise Commissioner.

18. The State Government reserves the right to reject any or all Tenders, without assigning any reason.

19. In case of disputes regarding interpretation of any terms and conditions of the Tender, the view of the Excise Commissioner Chhattisgarh shall be final.

20. All legal disputes arising out of this Tender shall be subject to the jurisdiction of the courts situated in Chhattisgarh only.

21. All successful Tenderer has to sign Integrity Pact as per format enclosed in Annexure-Vll.

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(Niranjan Das) Excise Commissioner,

Chhattisgarh

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ANNEXURE-I

LrsT oF WAREHOUSES Q020-2t)

Note:- The warehouses can be increased or decreased by Excise Commissioner as per requirement at any point of time.

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ANNEXURE-II

DISTRICT (SUPPLY AREA) WISE SECURITY AMOUNT

ANNEXURE-III

UNDERTAKING

l. I / We

.................Offering Tender to supply country liquor in sealed bottles through the storage warehouses of.......................... Supply area, do hereby undertake, that in the event of the acceptances of my / our Tender, I / We shall be responsible to pay the losses and compensation to the State Government and retail licensees in case there occurs any failure of supply of country liquor in the area.

2. I / We further undertake that in cases of any failure of supply of country liquor in the area the supply of country liquor would be ensured from an alternative source at my / our risk and cost and the amount equivalent to the quantity shall be born by me as penalty. Ifthere occurs pendency ofchallans for issue ofcountry liquor due to inadequate production in a particular forhight, the Department will have the right to treat me / us as defaulter. In case of more than one such continuous default, it will be treated as continuous failure of supply.

3. In such case of continuous failure of supply, supply area (s) granted to me / us may be detached and allotted to the adjoining country liquor supplier, whose rate is lowest and whose capacity is not exhausted as per Tender notice condition No. 3. (iii), with upto l0%o increase in the rate. In exceptional cases where at any point of time, if the Excise Commissioner feels that the contract rate has become unviable due to unusual increase in the prices ofraw materials, coal etc. and it is not possible for any one ofthe supply contractor to supply country liquor at the existing rate, then fresh Tenders may be invited for the area.

4. Any amount of left-over recovery would be recoverable from me / us, as ilrears of Land Revenue.

Place: -

Date: -

Signature of the Tenderer With full addresses

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ANNEXURE-V

OFFICE OF THE EXCISE COMMISSIONER

NO DUES AND CREDIBILITY CERTIFICATE

This is to certi8/ that IWs

has no dues whatsoever as on supply of alcohol in State have (Date) and its past performance regarding production and

been satisfactory.

...(Name) Issued on

Excise Commissioner, Date

Place

ANNEXURE-VI

OFFICE OF DISTRICT EXCISE OFFICE&.... DISTILERY

PRODUCTION CERTIFICATE

This is to Certiff that the actual production of Spirit in distillery located at ........................................ and

during last five years is as under :-

owned by IM/s

Issued on

Date

.(Name) Place

Officer ln-charge,

Name of Distillery......