PM POSHAN (Mid Day Meal)
– Procurement and supply of eggs to all schools under Jagananna Gorumudda – Certain instructions
File No.ESE02-27021/85/2021-MOM -CSE-Part(1)
GOVERNMENT OF ANDHRA PRADESH SCHOOL EDUCATION DEPARTMENT
THE DIRECTOR, MID DAY MEAL & SCHOOL SANITATION
Present: Sri. B.M. DIWAN MYDEEN, I.F.S.,
Procs.Rc.No.ESE02-27021/85/2021-MDM Dated.02/08/2022
Sub:- School Education Department – PM POSHAN (Mid Day Meal)
– Procurement and supply of eggs to all schools under Jagananna Gorumudda – Certain instructions – Issued – Reg.
Read: 1. Note orders dated.22.05.2022 of the Government in e-file No:
– ESE02-27021/85/2021-MDM -CSE.
2. Tender Notification with NITs 107 to 132 issued on 15.06.2022
through e-Procurement portal.
3. This office Procs.Rc.No.ESE02-27021/85/2021-MDM-CSE,
dt.02.07.2022.
4. Minutes of the Procurement Committee meeting held on
04.07.2022 at O/o.Director, MDM & SS, AP, Vijayawada.
5. Reverse Auction held on 06.07.2022 through e-Procurement portal.
6. This office Procs.Rc.No.ESE02-27021/85/2021-MDM-CSE,
dt.11.07.2022.
7. Note orders of the Government in e-file No: ESE02-
27021/85/2021-MDM.
8. Work orders issued to suppliers vide Procs.Rc.No.ESE02-
27021/85/2021-MDM-CSE, dt.13.07.2022 and Agreement copies.
9. Agreement copy with the successful bidder sent through mail to concerned Districts on 21.07.2022.
10. This office Procs.Rc.No.ESE02-27021/85/2021-
MDM,Dated.28.07.2022.
ORDER:-
In continuation to this office procs reference 10th cited, all the Regional Joint Directors of School Education(RJDSEs) and the District Educational Officers (DEOs) in the State are hereby instructed to follow the following conditions as per the Agreement made with the new suppliers for
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supply of Eggs to all schools under their control as follows:-
1. Quality Parameters:
The Supplier should supply only good quality Eggs strictly conforming to quality specifications prescribed in the Agreement as indicated below:
1.2.1 The characteristics of Egg to be supplied shall be as follows:
a. Weight – Shall not be less than 50 grams. The heavy Eggs weight shall not
be compensated with smaller ones.
b. Shell: Clean, unbroken, practically normal.
c. Thickness of shell: At least 0.33 mm (soft shell and thin shell Eggs
will not be accepted).
d. Yolk – Outline may be defined and practically free from defects.
e. White – Clear & reasonably firm (60 to 70 Hough units)
f. Density – shall be more than that of water.
1.2.2 At the time of delivery of stocks by the Supplier(s), the stocks will be subjected to quality verification by the quality control committee at Schools or Mandal Level or District Level.
1.2.3 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.
1.2.4 Any deviation in quality specifications are 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 corporation in this account.
1.2.5 In case if the concerned officer of Department is not satisfied with the quality of Commodity supplied, he would arrange to draw samples in the presence of the Supplier (representative if present) and forward the same for testing and certification on demand from the Purchaser.
2. Frequency of Supply:
a. Indent will be provided by the concerned officer, specified by the
Director, MDM & SS, AP and the supply shall be done up to Delivery
Point (School points).
b. The Frequency of supply of required quantity of Items to School
points by the Bidder(s) within 10 Days.
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c. Delivery of Items at Schools shall be during the School working hours
only i.e., between 09:00 AM to 04:00 PM.
d. Every Supply is subject to acknowledgment of the delivery of
respective quality and quantity properly affected.
e. The supplier has to inform the probable date of commencement of
supply of Eggs from the date agreed upon in the agreement and
complete the supplies as per the supply schedule given by the
concerned officer.
f. Deliver/ Supply Schedule to School points are as follows:-
SI.No Period Deliver/ Supply Schedule
1 1st to 10th 25th to 30th /31st oofr Previous month
2 11th to 20th 6thtolOth of present month
3 21st to 30th / 31st 16th to 20th of present month
3. Marking:
The colour coding (Edible ink only) shall be:
Period Color
1st to 10th Blue
11th to 20th Pink
21st to 30th / 31st Green
i. Eggs should be delivered at School points should be duly
weighed in the presence of the HM/SHG of the concerned
School.
ii. The Supplier shall bring a weighing machine to the centre for
this purpose. The School address, the details and addresses
will be provided by the Departments.
iii.On crates the marking of “JAGANANNA GORUMUDDA /JGM”
shall be done.
4. Duration and Place of Delivery:
a. The ordered quantity of Eggs as per AGMARK Specification
should be delivered within the time fixed at the delivery points
as per the monthly indent placed by the District Officials and
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uninterrupted supply should be ensured at any cost.
b. To the effect of supply beyond the timeline, prior permission
should be obtained from the concerned District authorities.
c. The concerned District Officials reserves the right to vary the
quantity finally ordered to be purchased to the extent of 10%
either way of the requirement of Eggs indicated in the
Agreement. The suppliers cannot claim it as a matter of
contractual obligation to vary the quantity either way.
5. Non-Performance of work:
The supplier shall perform his work as per contractual agreement. In case of non-performance as per schedule or delay in completion of work as scheduled or failed to complete in any sanctioned extended time, except in the event of Natural calamities, he/ she shall have to pay liquidated damages at the rate of 0.2%(point two percent) of contract value for each week of delay subject to maximum of 2.5% of the contract value.
6. Payment of Bills:
a. The supplier has to feed the details of supplied quantity of Eggs in
each delivery point in IMMS App. Accordingly, the payment will be
made as per the report of the concerned App.
b. If, the Supplier supplied the Eggs without color Stamp with logo,
Rs.0.50paise per unstamped eggs will be deducted while releasing
the payment.
c. For late/ delay supplies, 3% of penalty per each day will be imposed
on the not supplied quantity of concerned deliver point.
d. For supply of small Eggs (violation of Specification), 50% cost of
each Egg will be deducted for small Eggs/ deviation of specifications of Eggs at the time of payment.
e. Up to 20% penalty will be imposed on unsupplied quantity/ Short
supplied quantity Eggs.
f. No advance payment towards costs of Eggs will be made to the
supplier. Payment towards the supply of Items will be made strictly
as per the rules of the Director, MDM & SS, AP.
g. The supplier shall furnish the relevant details in original to make the
online payment through RTGS (Real Time Gross Settlement System)/
Core Banking / NEFT.
h. Payments for supply will be made only after supply of ordered
quantity provided reports of standard Quality on samples are
received from approved Laboratories and confirmation from the field
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personnel.
i. In case of any enhancement in GST/Tax/Duty due to notification of
the Government after the date of submission of tenders and during
the contract period, the quantum of additional duty so levied may be
allowed to be charged extra as a separate item without any changes
in price structure of the Items approved under the tender.
j. The supplier should produce a letter from the concerned Authority
(State/ Central Government) for such additional Duty on the Item
supplied to Bidder.
k. If the penalty is imposed three times for deviation or delayed supply,
the supplier should be blacklisted.
I. The supplier should submit vehicle number, driver mobile
number alongwith schedule plan of delivery to the concerned
District official in advance to include the same in mobile App
to inform the delivery point, well in advance to delivery and
update the receipts of the Eggs in mobile apps.
m.The supplier should not sale stamped eggs to the open market. If
noticed, the supplier will be blacklisted.
n. Supplier should submit bills on or before 4th of the every month to
the payment sanctioning authority to process bills.
o. In case of supplier enjoying Tax exemption on any criteria of
turnover etc., such supplier will not be allowed to claim Duty/Tax.
7. Inspections and Tests:
a. Pre-dispatch inspection committees will inspect the Eggs in the
godown/ Stock Point. Only after the committee approval, the Eggs
shall be dispatched to the Schools/ Anganwadi centers.
b. The Authority shall have the right to inspect and test Eggs to confirm
to the given set/fixed specification/ standards, designs etc., as laid in
the Schedule of the Agreement. The Authority shall notify the
contractor in writing of the identity of their representatives detailed
for these purposes.
c. The inspections and tests may be conducted at the premises of the
supplier as well as at place (Schools) of delivery or at the place of
Storage. Where the tests conducted at the premises of the
contractor, all reasonable facilities and assistance including access
to the drawings and production data shall be furnished to the
inspectors at no charge.
d. Should any inspected or tested Eggs or raw materials/other items fail
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to confirm to their specifications, the Authority shall reject them and the contractor shall replace such items at their risk and cost/ free of cost to the Govt.
e. The Authority’s right to inspect, test and where necessary reject the
Eggs/other items on arrival at Schools and shall in no way be limited
or waived by reason of the items /Eggs having previously been
inspected, tested and passed by the Authority or its representative
prior to the Eggs shipment or spare parts shipments.
8.Penalty:
Except in case of criminal negligence or willful misconduct
a. If, the Supplier supplied the Eggs without color Stamp with logo,
Rs.0.50paise per unstamped eggs will be deducted while releasing
the payment.
b. For late/ delay supplies, 3% of penalty per each day will be imposed
on the not supplied quantity of concerned deliver point.
c. For supply of small Eggs (violation of Specifications), 50% cost of
each Egg will be deducted for small Eggs at the time payment.
d. Up to 20% penalty will be imposed on unsupplied quantity/ Short
supplied / non fulfillment of Indent of Eggs.
e. If the penalty is imposed three times for deviation or delayed supply,
the supplier should be blacklisted.
f. The supplier shall not be liable to the purchaser, whether in contract,
tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, loss of profits or interest costs, provided that this
exclusion shall not apply to any obligation of the supplier to pay
liquidated damages to the purchaser.
g. The aggregate liability of the supplier to the purchaser, whether
under the contract, in tort or otherwise, shall be to the extent of loss
caused to the purchaser, provided that this limitation shall not apply
to the cost of replacing the rotten Eggs.
h. In case it is proved that, rotten or bad quality Eggs have been
supplied, the cost of the whole consignment to the particular centre
(delivery point) will be claimed as penalty from the supplier. If it is
proved that if any child is affected due to supply of rotten Eggs or
bad quality Eggs, action (placed backlist for three years) will be
initiated against the supplier.
9. Termination for Default:
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a. The Purchaser may, without prejudice to any other remedy for
breach of contract, by written notice of default sent to the Bidder,
terminate the contract in whole or part:
b. If the supplier fails to deliver the Item within the period(s) specified
in the contract, or within any extension thereof granted by the
purchaser; or
c. If the supplier fails to perform any other obligation(s) under the
contract; or
d. In the judgment of the supplier, if the supplier has engaged in
corrupt or fraudulent practices in competing for or in executing the
contract.
10. Termination for Insolvency:
The Purchaser may at any time terminate the contract by giving written notice to the supplier, if the supplier becomes bankrupt or
otherwise insolvent. In this event, termination will be without
compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Bidder.
11. Termination for Convenience:
The Purchaser by written notice sent to the supplier, may terminate the contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of the supplier under the contract is terminated, and the date upon which such termination becomes effective.
12.Force Majeure:
a. For purposes of this Clause “Force Majeure” means an event beyond
the control of the Directorate and not involving the supplier fault or
negligence and not foreseeable. Such event may include, but are not
limited to, wars or revolutions, fires, floods, epidemics, quarantine
restrictions and freight embargoes
b. If a Force Majeure situation arises, the supplier shall promptly notify
the Purchaser in writing of such conditions and the cause thereof.
Unless otherwise directed by the Purchaser in writing, the supplier
shall continue to perform its obligations under the contract as far as
is reasonably practical and shall seek all reasonable alternative
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means for performance not prevented by the Force Majeure.
13.Applicable Laws:
The contract agreement shall be interpreted in accordance with the prevailing laws of the Government of Andhra Pradesh and Union of India.
14. Assaying:
The supplier shall, at his/her own cost, offer the stock from the identified batch marked for delivery at the loading point for inspection and certification in accordance with quality parameters, as specified.
a. The Purchaser may randomly collect the samples at the depots and
get the samples tested in any of the Lab independently. The results
of testing will be final and binding on the Directorate. The stocks
which fail the test have to be taken back and replaced with new
stock by the supplier with good quality.
b. Supplier may note that the cost of assaying will be borne by them for
the test and such costs will be deducted while making the payment
for supplies made.
15.Substitution & Wrong Supplies:
a. Unauthorized / Pirated substitution or materials delivered in error of wrong
description or quality or supplied in excess quantity shall be taken back by
the supplier at his/her own cost and risk.
b. Supply of Unauthorized or Pirated or Sub-Standard of Eggs detected at any
date during or after supply shall be notified to the Director, MDM & SS.
Such Items shall be replaced forthwith by the supplier at his own cost.
c. 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 (s).
d. In all such cases the Purchaser reserves the right to invoke the
conditions for ‘deduction of payments’ and ‘termination by default’
of General Conditions of Contract.
16. Change of Specifications: No change of specification after the placement of Order shall be entertained unless the alternate model offered is equivalent or higher in specifications and approval of the Competent Authority has been obtained in writing for such a change of model before the delivery of the product. Delivery of the alternate product without such an approval shall not be accepted.
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Therefore, all the Regional Joint Directors of School
Education(RJDSEs) and the District Educational Officers (DEOs) in the State are hereby instructed to check quality before starting of supply of Eggs to schools, ensure Stamping of MDM on all eggs, maintain weight of the eggs and timely supplies for three times a month scrupulously. They are also instructed to impose penalties as per the above conditions mentioned in Agreement whenever found violation of tender conditions.
Further all the Head Masters (HMs) and the Mandal Educational Officers(MEOs) are strictly instructed not to accept the Eggs without MDM Stamping and less than 50gm weight per egg. They are also informed that only online entries in IMMS app/ website by concerned HM, MEOs and others shall be considered for bills generation for making timely payments.
In view of the above, all the Regional Joint Directors of School Education(RJDSEs) and the District Educational Officers (DEOs) in the State concerned are hereby requested to inform the new suppliers to deliver the Eggs accordingly without any deviation of conditions as per the Agreement and make APP entries without fail.
Any deviation in the above instructions, the concerned District Educational officers will be held responsibile and hence, care to be taken in maintenance and quality Eggs supplied to the School Children.
The receipt of this order will be acknowledged.
B Mohamed Diwan Mydeen
Ifs
DIRECTOR
MID DAY MEAL & SS
To
All the Regional Joint Directors of School Education in the State for information.
All the District Educational Officers concerned for necessary action.
Copy to all the District Collectors in the State for information.
Copy to the Director, Women Development and Child Welfare Department, AP for information.
Copy to the concerned (new) EGG Suppliers through DEOs concerned.
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