AMENDMENT NUMBER 01, DATED: 24.11.2016 Ref. NIT …ninl.in/tender/NIT-229, Dtd 14.10.2016.pdf ·...

NEELACHAL ISPAT NIGAM LIMITED

KALINGA NAGAR INDUSTRIAL COMPLEX, DUBURI - 755 026, ORISSA, INDIA Ph. (06726) 264002-008 (7 Lines)

Regd. Office : 1st Floor, IPICOL House Annex Building, Janpath, Bhubaneswar-22

EXTENSION OF TENDER SUBMISSION DATE

AMENDMENT NUMBER 01, DATED: 24.11.2016 Ref. NIT NO.: NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016 NAME OF WORK: SUPPLY & INSTALLATION/LAYING OF 1.5 MM THICKNESS BLACK SMOOTH HDPE LINER AT BOD WASTE WATER POND. DUE DATE OF SUBMISSION OF BID OF THE ABOVE TENDER EXTENDED UPTO: 15.00 (Fifteen) Hours “Indian Standard Time (IST)” of 05.12.2016. THE ELIGIBILITY CRITERIA HAS BEEN REVISED AND WILL BE AS PER ANNEXURE-III OF THE TENDER DOCUMENT ENCLOSED HEREWITH.

REVISION TO TENDER DOCUMENT: AMENDMENT NUMBER 01, DATED 24.11.2016 ADDED. ALL INTERESTED BIDDERS ARE REQUESTED TO TAKE NOTE OF THE AMENDMENT NUMBER 01, DATED 24.11.2016 ADDED TO THE TENDER DOCUMENT AND SUBMIT THEIR BIDS ACCORDINGLY WITHIN THE ABOVE MENTIONED EXTENDED DUE DATE AND TIME OF SUBMISSION OF TENDER. EXCEPT FOR THE AMENDMENT NUMBER 01, DATED 24.11.2016, ALL OTHER TERMS AND CONDITIONS OF THE NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016 SHALL REMAIN UNALTERED. THE TENDER DOCUMENT ALONGWITH THE AMENDMENT NUMBER 01, DATED 24.11.2016 MAY BE DOWNLOADED FROM NINL’s WEB SITE – www.ninl.in (A.K.RAY) DY. MANAGER (COMMERCIAL)


KALINGA NAGAR INDUSTRIAL COMPLEX, DUBURI - 755 026, ORISSA, INDIA Ph. (06726) 264002-008 (7 Lines) FAX : (06726) 264009


NIT NO.: NINL/CM/AR/CV-CON-227/NIT-229

NOTICE INVITING TENDER (NIT)

Date: 14.10.2016 Due Date: 04.11.2016 (For submission of offer)

Dear Sir, Kindly send your offer in sealed envelope duly signed by your authorized representative for following items as per details given below, quoting above NIT reference number, by Courier I Registered Post I Speed Post so as to reach us by 3.00 P.M. of 04.11.2016 positively. NINL shall not be responsible for postal delay or any other delay whatsoever. The offer may be dropped in Tender Box kept in Commercial Department. Tender Opening schedule is 3.00 P.M. of 04.11.2016. The tenderer is at liberty to be present or authorize a representative to be present at the opening of the tender. However opening of Tender is at the discretion of NINL. Earnest Money Deposit (EMD): Rs.35,000/- (Rupees Thirty five thousand only).

Mode: In the form of Demand Draft drawn in favour of “Neelachal Ispat Nigam Limited”, payable at Jajpur Road/Duburi/Bhubaneswar or Bank Guarantee operable at Jajpur Road/Duburi/Bhubaneswar.

Small Scale Industries (SSI) / Ancillary Units and PSUs/ Govt. Undertakings and Co-

operative Societies, etc., may be exempted from submission of bid security (Earnest Money Deposit) as per Government Policy. For SSI Units, the exemption from submission of bid security (Earnest Money Deposit) is to be granted only for the items for which it is registered.

For getting exemption from submission of bid security (Earnest Money Deposit), the SSI unit is required to submit a notarized copy of the registration certificate indicating clearly the item for which they are registered and the validity of same.

The bid security shall be in the form of either a demand draft drawn on an Indian Nationalised Bank / Scheduled commercial bank (except Co-operative and Garmin Bank) in a manner as specified above, or a Bank Guarantee from an Indian Nationalised Bank/Scheduled commercial bank (except Co-operative and Garmin Bank) operable at place as specified above.

The format of the bank guarantee shall be in accordance with the “Format for Bank Guarantee against Earnest Money Deposit” included in the bidding documents; other formats may be permitted, subject to the prior approval of the Purchaser.

Bid security shall remain valid for a period of 90 (Ninety) days beyond the original bid validity period. The bid security validity may be required to be extended, on request of the Purchaser, in the event of extension of Bid Validity.

Any bid not accompanied by an acceptable bid security, shall be rejected by the Purchaser as being non-responsive. The bid security of a joint venture/Consortium must be in the name of all the partners in the joint venture/Consortium submitting the bid.

The bid securities of unsuccessful bidders will be returned within 30 days of award of the contract/order.

The bid security may be forfeited

(a) if the Bidder withdraws/revokes unilaterally its bid either in part or whole during the period of bid validity.

(b) the prices are increased unilaterally after submission of the bid during its validity,




Please quote FIRM prices (for supply) on FOR NINL Stores, Kalinga Nagar Industrial Complex, Duburi, Dist: Jajpur, Orissa basis inclusive of Basic price, Packing & Forwarding, Excise duty, CST/VAT, Freight, Insurance, and other levies or charges, if any & FIRM prices (for installation/laying etc.) inclusive of basic price, service tax and other levies or charges, if any. The detailed break-up of prices must be given in the offer. NOTE: Your offer must be in three parts: – (i) Part I: The envelope should contain the requisite amount of Earnest Money Deposit

as cited above, clearly mentioning "EARNEST MONEY DEPOSIT" and NIT reference on the envelope.

(ii) Part II: The envelope should contain the techno-commercial bid (containing Copy of Price Schedule (price part) BLANKING THE PRICE FIGURES but with all other details alongwith Scope of Work/Technical Specification, Eligibility Documents & NIT terms & conditions etc. duly signed by tenderer as a token of their acceptance), clearly mentioning "TECHNO COMMERCIAL BID" and NIT reference on the envelope.

(iii) Part III: The envelope should contain the price bid (as per the Price Schedule) only (clearly mentioning "PRICE BID" and NIT reference).

All the three envelopes duly sealed and to be kept in a single envelope (super scribing the NIT No. & due date of tender) during submission of tender. OFFERS NOT RECEIVED IN THE ABOVE PROCEDURE MAY BE LIABLE FOR REJECTION. Note: (1) The successful tenderer has to submit Security Deposit Bank Guarantee for 10% of the

order value within 15 (Fifteen) days from date of Purchase Order/Work Order as per format provided in this tender.

(2) EVALUATION: All the tenders shall be evaluated on the basis of Landed Cost Net of

CENVAT price (LCNC) & VAT Setoff (if any) basis.

(3) NINL may resort to reverse e-auction prior to opening of sealed price bids for price finalisation. All technically and commercially acceptable bidders would be required to participate in the reverse e-auction. In reverse e-auction the bidders would be required to quote prices only on the basis of Landed Cost Net of CENVAT and VAT Setoff (if any) price at NINL stores. Only such tenderers whose offers are techno-commercially accepted shall be permitted to participate in Reverse e-Auction.

(4) In case NINL decides to go for Reverse Auction, the rules, regulation, schedule & details of Reverse e-auction event shall be communicated by the service provider M/s. Mjunction Services Limited to the eligible/ prospective bidders.

(5) Technically Accepted (TA) & Commercially Accepted (CA) tenderers would be authorized to quote their Landed Cost Net of CENVAT & VAT Setoff (if any) price only on e-reverse auction engine on a fixed time and date. For modalities of evaluation of Landed Cost Net of CENVAT &VAT Setoff (LCNC) price, please refer Annexure-IV (Price Schedule).

(6) The prices quoted by the tenderer for the quantity offered should be in INR & remain firm till execution of order.

(7) The prices quoted by the tenderer shall be both in figures and words and shall be free from corrections or erasures. In case of any discrepancy between the price quoted in figures and words, the price quoted in words shall prevail.




(8) Statement of Deviation:

(i) Each tenderer shall submit along with his offer, confirmation of his acceptance to all the terms and conditions of the Tender Documents. A letter as per Proforma at Annexure-VIII, duly signed by the Tenderer should be submitted along with the offer as a token of acceptance of NINL's terms and conditions in Techno Commercial Bid.

(ii) If any tenderer is unable to accept any particular term(s) as incorporated in the Tender document and proposes any deviation there from, the Tenderer shall clearly spell out the deviations in the Statement of Deviations to be enclosed with the letter as Annexure-VIII. However, the tender shall be liable for rejection / consideration with loading on account of deviations at the sole discretion of NINL.

(iii) No revision in the terms and conditions of the offer will be entertained after the tender opening.

(9) Loading on Account of Deviations:

In case an offer with deviations to payment terms is considered, it shall be loaded suitably for the purpose of comparison with other offers. The general principle is to load for the additional financial implication to which NINL may possibly be exposed on account of such deviation. The decision of NINL in this regard shall be final. The above illustration is on the presumption that the tenderer have confirmed acceptance of all the terms and conditions stipulated in the tender. NINL reserves the right to load the offers at its sole discretion for other deviations also, which in the opinion of NINL have financial implications to NINL.

(10) Evaluation and Rejection of Offers:

(i) NINL will evaluate technical and commercial acceptable offers on Landed Cost Net of Cenvat (LCNC) basis at NINL Stores. Offers which deviate from the vital conditions (as illustrated below) of the tender may be rejected.

a) Non-Submission of tender documents duly signed and stamped. b) Variable price quoted (without any ceiling limit for such variation and Price Variation Clause) against requirement of firm price. c) Submission of in-complete offers, non-appending signature on the offer and on the prescribed formats. d) Offers received by NINL through e-mail, cable, telex, fax or telegram, offers received late/delayed and offers received in Single Bid.

(ii) In case any tenderer is silent on any clauses mentioned in this tender document, NINL shall construe that the tenderer had accepted the clauses as per the Tender.

(iii) The Price quotations should be given in only in the price format and not in any

other accompanying documents or statement. No revision in the terms and conditions quoted in the offer will be entertained after the last date and time fixed for receipt of tenders.

(iv) Details of prices if mentioned in both techno-commercial as well as price bid, the

price bid details shall be considered as final for evaluation.




(11) Completeness of the Tender:

(i) Each Tenderer should ensure that the aforesaid conditions for submission of offers are duly complied with. Failure to furnish correct and detailed information as called for will render the concerned tender liable for rejection.

(ii) NINL shall at its discretion give equal opportunity to all the tenderers for

clarification / rectification of any deficiencies in the tender and seek clarifications / confirmations / documents / withdrawal of deviations from the Terms and Conditions of Tender. In case of failure to rectify the deficiencies within the time given, the tender would be rejected / loaded as mentioned at clause ’8.0’ and ’9.0’ above. In case of rejection, unopened Price Part of the tender would be returned and Bid Money would be refunded.

(12) Amendment to the Tender Terms and Conditions:

At any time prior to the deadline for submission of the bids, NINL may, for any reason, modify the tender terms and conditions by way of an amendment. Such amendments will be notified on NINL’s website at regular intervals. The Tenderer should refer to NINL’s website regularly for any Corrigendum.

(13) Notwithstanding anything specified in this Tender Documents, NINL, in its sole discretion, unconditionally and without having to assign any reason, reserves the right:

a) To accept or reject the lowest tender or any other tender or all the tenders; b) To accept any tender in full or in part; c) To reject the offers not conforming to the tender terms and condition.

(14) Any minor deficiency viz. (validity of BG, operability of the BG, spelling mistakes in the BG etc.) in documents submitted in Part‐I shall be asked from the Party and the same will have to be submitted by the Party within 7(seven) days from the date of intimation, failing which their offer may be rejected as non‐responsive. Bid security B.G or draft drawn for less amount than mentioned for this tender shall be treated as invalid offer and shall be rejected and further parts shall not be opened.

(15) It shall be the responsibility of the persons submitting the bid to ensure that the bid has been submitted in the formats and as per the terms and conditions of the tender documents and no change should be made therein. In the event of any doubt regarding the terms and conditions/ formats, the person concerned may seek clarifications from the authorized officer of NINL. In case, (at any stage of the tendering process) any tampering/ unauthorized alteration to the bidding document is noticed in the Bid (as submitted by the bidder), the said Bid shall be summarily rejected and the company shall have no liability whatsoever in the matter.

However, deviations, if any, proposed by the bidder may be separately indicated/provided in the bid document for acceptance or otherwise by NINL such proposed deviations will not be treated as tampering for the purpose of application of the clause.

(16) The Purchaser reserves the right to accept, or reject any bid either in part or full, or to annul the bidding process and reject all bids at any time prior to award of contract, without assigning any reason thereof and without thereby incurring any liability whatsoever, to the affected Bidder(s).

(17) The Purchaser also reserves the right to amend the scope of work and/or modify the Bid

Documents.

(18) The Purchaser further reserves the right to postpone the date of receipt and opening of bids without bearing any liability whatsoever consequent upon such decision.




(19) Purchaser does not assume any responsibility whatever in case of misplacement, loss or delay in receipt of Bidding document / Bid of Bidder sent through post / courier.

(20) Based on the evaluation of offers, NINL reserves the right to place order for a part/full quantity on any bidder.

(21) The Contract on the Successful Bidder shall be awarded by the Purchaser i.e. M/s Neelachal Ispat Nigam Limited.

(22) Material deviation to our NIT terms & condition such as Liquidated Damages clause, Applicable laws, Cancellation/Termination clause, Performance Guarantee clause, Part Order clause, Guarantee/Warranty clause, Arbitration, Force Majeure etc is not acceptable. Any other deviation to the terms & condition of our NIT, if acceptable to NINL, may be considered subject to suitable loading.

(23) The Bid submitted by the bidder shall remain valid for a period of 60 (Sixty) days from the due date of submission of bids (excluding the last date of submission of Bids).

(24) All the items to be procured from single source only.

IN PROCESS INSPECTION AT MANUFACTURER’S WORK DURING MANUFACTURING & PREDESPATCH INSPECTION WILL BE CARRIED BY NINL/NINL’S AUTHORISED REPRESENTATIVE AT MANUFACTURER’S WORK PRIOR TO DESPATCH OF MATERIAL. HOWEVER FINAL INSPECTION WILL BE BY NINL AT NINL SITE AT DUBURI.

A. Following are required at the time of the offer:

i. Acceptance to the enclosed terms & conditions in toto without any deviation. ii. Documents related to the Eligibility Criteria as mentioned in Annexure-III. Offers not accompanied by eligibility documents & signed acceptance of the enclosed terms may be liable to be rejected.

B. Following are required at the time of supply:

i. Manufacturer’s Test Certificate ii. Material Test Certificate iii. Guarantee/Warranty Certificate.

With regards, Yours Faithfully For Neelachal Ispat Nigam Limited

Signature: Name: (A.K.Ray) Designation: Dy. Mgr (Commercial)

Encl: (i) Scope of Work/Technical Specification, Annexure-I & II (02 pages) (ii) Eligibility Criteria, Annexure-III (01 page) (iii) Price Schedule, Annexure-IV (01 page)

(iv) General Terms & Conditions of Tender, Annexure-V (A) (02 pages) & Special Terms & Condition of Tender, Annexure-V (B) (01 page) – For Supply.

(v) General Conditions of Contract & Special Conditions of Contract, Annexure-VI & VII (13 pages) – For Installation/Laying

(vi) Proforma for Letter of Acceptance of NINL's terms and conditions of tender, Annexure-VIII (01 page) (v) Format for Bank Guarantee against Earnest Money Deposit, Annexure-IX (02 pages). (vi) Format for Bank Guarantee for Security Deposit, Annexure-X (02 pages)

Sl. No.

Item Code

Scope of Work/Technical

Specification Unit Quantity Completion Schedule

As per Annexure-I & II (Scope of Work/ Technical Specification), Enclosed.

Completion of supplies within 30 (Thirty) days from the date of order and the total job to be completed within 06 (Six) months from the date of order.

Sl. No.

Item Code Scope of Work/Technical Specification Unit Quantity

1 13671103450085

Supply of black smooth HDPE liner of 1.5 mm thickness conforming to IS/ASTM standard as per the Annexure-II, enclosed herewith.

Sqaure Meter 15500

2 10671103450085

Installation/laying of 1.5 mm black smooth HDPE liner at BOD waste water pond as per IS standard including taking of materials from NINL Store, transportation, loading & unloading at site and inclusive of all other by work required for completion of the job. All the joints shall be fusion welded and testing to be conducted at site as per IS/ASTM stanadrd.

Sqaure Meter 14400

Annexure-I to NIT No.: NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

SCOPE OF WORK/TECHNICAL SPECIFICATION

of 1

Annexure-III to NIT No.: NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

Eligibility Criteria 1. The Tenderer must be a manufacturer of 1.5 mm thick HDPE liner or a supplier duly authorized by

a manufacturer for the supply of 1.5 mm thick HDPE liner. Supporting documents (in support of manufacture/authorization from manufacturer) shall be furnished along with techno-commercial bid (Part II). In case of authorized supplier, the manufacturer shall stand guarantee for the supplied materials as well as application of the same as per tender specification/terms. This necessarily be specified in the authorization issued in favour of the supplier.

2. Supply of the HDPE liner is to be done in accordance with the Technical Specification as provided in the Tender. Material Test certificate issued by the manufacturer or from the Govt. approved test laboratory is to be submitted alongwith the supply of the material.

3. The tenderer must have successfully completed similar job during any one of the last three financial years ending on 31.03.2016 as detailed below: (a) Three similar completed orders, each valuing not less than Rs.18.00 Lakhs

OR (b) Two similar completed orders, each valuing not less than Rs.27.00 Lakhs

OR (c) One similar completed order, valuing not less than Rs.36.00 Lakhs Supporting documents shall be furnished along with techno-commercial bid (Part II) in support of the above.

4. The financial annual turnover of the tenderer in any one of the last three financial years ending on 31st March 2016 shall be at least Rs 32.00 Lakhs in the business for which the tenderer is participating in the tender. Audited annual account (P & L Accounts/Balance Sheets) shall be furnished along with techno-commercial bid (Part II) in support of the same.

5. The Tenderer should have adequate skilled manpower and resources to complete the job within a time schedule of six months from the date of order.

6. The Tenderer should have at least one no. of technical supervisor having 10 years of similar experience.

7. The Tenderer has to conform to provide at least three nos. of fusion welding set at site & also to conform the mobilization of necessary testing facility for the testing of fusion welding at site.

8. The tenderer is required to submit self attested photocopies of documents viz. Purchase Order, Completion Certificate, Performance Certificate etc. in support of their eligibility and experience along with the techno-commercial bid (Part II).

In the absence of the relevant documents as mentioned above, tenderers will be treated as without eligibility criteria and their offer will not be considered.

Sl. No.

Item Code

Scope of Work/Technical Specification Unit Quantity Unit Basic Price (Rs.)

Total Basic Price (Rs.)

A 13671103450085

Supply of black smooth HDPE liner of 1.5 mm thickness conforming to IS/ASTM standard as per technical specification detailed in the tender document

Square Meter 15500

BCDE

FGHI (B+C+D+E+F+G

+H)J 1067110

3450085Installation/Laying of 1.5 mm black smooth HDPE liner as per the scope of work detailed in the tender document.

Square Meter 14400

KL (J+K)

M (I+L)

N M-D-K-E(For VAT Setoff,

if any)

Landed Cost Net of Cenvat & VAT Setoff (LCNC)

Concessional Central Sales Tax against form "C"(for outside Odisha suppliers) / VAT (for Odisha suppliers)

Freight up to NINL Store at DuburiInsurance up to NINL Store at Duburi

Odisha Entry Tax Landed Cost for Supply including all taxes, duties,

levies, freight & insurance

Total Basic PricePacking & Forwarding Charges

Excise Duty

PRICE SCHEDULE FOR SUPPLY & INSTALLATION OF HDPE LINER

Annexure-IV to NIT No.: NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

Service Tax on installation/laying chargesLanded cost for installation/laying including all taxes,

duties, levies & service tax.Total Landed cost for (supply+installation/laying)

including all taxes, duties, levies, freight & insurance

ANNEXURE-V (A) TO NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016


GENERAL TERMS AND CONDITIONS OF TENDER 1.0 Tenders, i.e., offers should be submitted in the supplier’s letterhead and all pages should be duly signed and sealed by this authorized

representative. 2.0 Tender should be free from corrections and erasures. Corrections, if any, must be attested. All amounts should be indicated both in words as well

as in figures. In case of any discrepancy, amounts quoted in words shall prevail. 3.0 Prices tendered should be on F.O.R. NINL, Duburi, Stores basis inclusive of packing, forwarding, freight and insurance charges in line with the

legislation, if any, in vogue. 4.0 Indicate the rate of Excise Duty, Service Tax, and Sales Tax, if payable extra. Otherwise no claim towards these shall be entertained later.

Neelachal Ispat Nigam Limited (NINL) shall not bear any other taxes / duties / levies. Our VAT No. Area Code: _____ CST No._____ ECC No._____ The tenderer shall furnish the details of TIN No.,ECC. Code, Central / State Sales Tax Registration Nos.

5.0 Your tender must be valid for 60 days from the date of tender opening. 6.0 Tenders should furnish the following information along with tender. 6.1 Whether the items offered conform to the description / specifications / particulars mentioned in this enquiry. If not, details of deviations should be

clearly mentioned. 6.2 Manufacturers name, brand name, trademark, IS specification No., whether ISI stamped etc., should be specified giving the model number and

weight of each item. 7,0 SAMPLES: Samples, if required, should be submitted free of cost in person or by pre-paid post so as to reach the Purchase dept on or before the

due date indicating tenderer’s name & address and purchaser’s enquiry reference No and Date. If samples are returnable, please make necessary arrangements to claim them from the purchaser within 30 days of tender opening.

8.0 PRICES: 8.1 Please indicate whether the quoted items are available under DGS & D rate contract at the same rate on our terms and conditions. 8.2 If the items are not under DGS & D rate contract please specifically state whether the rates quoted are the lowest applicable to DGS & D

Government Departments and undertakings. 9.0 FIRM PRICE: No revision in price shall be entertained after the tender opening/price finalization through RA. Supplies should be effected at the

quoted rates, if ordered, within the validity period. 10.0 GUARANTEE: All items should be guaranteed against any faulty materials or bad workmanship and satisfactory performance under normal conditions for

a period of 12 months from the date of commissioning or 18 months from the date of dispatch whichever is earlier unless otherwise specified. All replacements should be done at site free of the cost and the replaced units should be guaranteed as above.

11.0 LIQUIDATED DAMAGES: Time is the essence of the contract. For deliveries beyond the date of agreed, liquidated damages, not by way of penalty, shall be levied at the rate of 0.5% of the contract value (excluding taxes and duties) of the goods delayed for every delayed week or part thereof subject to a maximum of 5%.

12.0 RISK PURCHASE: The purchaser has the option to terminate the contract and purchase from other sources at the risk and cost of the seller if the terms & conditions of our order are not complied with.

13.0 COUNTER TERMS AND CONDITIONS: When counter terms and conditions of business have been offered by tenderers, NINL shall not be governed by such terms and conditions unless specific written acceptance thereof has been given by NINL.

14.0 RIGHT TO REJECT TENDER: NINL dose not pledge itself to accept the lowest or any tender and reserves to itself the right of accepting the whole or part of the tender or portion of the quantity tendered and you shall supply the same at the rate quoted.

15.0 PART ORDER: Order on one or more than one party shall be placed on the basis of L1 tender and if required negotiations will be held with L1 tenderer only. However all the tenderers may be required to explain / justify the basis of their quoted price as and when asked for. In case any tenderer fails to justify his quoted price or refuses to co-operate in this regard, tender committee may take a decision not to consider for next tender.

16.0 OPENING OF TENDERS: Tenderer’s authorized representative can be present for opening of the tenders at the time and date specified. He should carry an authorization letter.

17.0 The tenderers in their offer shall declare whether the proprietor or any partner or any partner of the firm or director or their company, as the case may, has any relation with any employee working in Neelachal Ispat Nigam Limited, and if so, furnish the name of the employee and the relationship and also whether any of them has a relationship within the meaning of Section 6 of the Companies Act 1956 with any of the Directors of Neelachal Ispat Nigam Limited, if so furnish.

18.0 Delivery The delivery required for the items listed is as indicated in the enquiry. Please specify in your tender the earliest and firm delivery period possible for these items from the date of our Order. Delivery period is the essence of the contract and the materials must be delivered within this time, failing which the buyer without prejudice to his rights under the contract shall have the option either to recover a liquidated damage, may not by way of penalty, at the rate of 0.5% of the contract value (excluding taxes and duties) of the goods delayed for every delayed week or part thereof subject to a maximum of 5% or to cancel the order and purchase the materials from alternate source at the risk and cost of the supplier. Part Order is acceptable without any stipulation of the order quantity. The company reserves the right to accept/ reject in full or in part any or all tenders without assigning any reason thereof whatsoever.

Any increase in taxes after expiry of the delivery period will be to the seller’s account.

19.0 Inspection Unless otherwise specified, inspection of materials will be carried out at our premises at Duburi upon receipt and our decision regarding acceptance or rejection will be final.

20.0 Packing It is the responsibility of the supplier to securely and properly pack the consignment and also in the prescribed manner for transport by road, rail or sea as the case may be so as to ensure its delivery at destination free from loss, damage or pilferage. The consignment must be prominently marked showing the Purchase Order No. and also the acronym ‘NINL’ with logo. Each package should contain a list of items packed therein.

21.0 Consignee All consignments should be booked to consignee as specified in order and not to self.

22.0 Transit Insurance Unless otherwise specified, transit insurance will be arranged by supplier upon receipt of despatch intimation.

23.0 Despatch Intimation Copy of delivery challan and non-negotiable copies of LR/RR along with two copies of the invoice should be sent to Manager (Purchase), Neelachal Ispat Nigam Limited, Duburi, so as to reach him within 3 days of despatch. In addition to above, the supplier will send the despatch particulars such as LR/RR No.,Bill No. and value through telegram/ fax / e-mail. Unless the above are complied with, the supplier will be responsible for wharefage, demurrage and all loss/ risks in transit.

24.0 Weight for the Purpose of Payment The weight for the purpose of payment will that taken on our weighbridge or one certified by Railways at the receiving end. NINL shall not be liable for

difference if any between such weight and the weight shown on P/R or your Invoice. 25.0 Bank Charges

Unless otherwise specified, all the bank charges will be to the seller’s accounts. 26.0 Billing

Despatch documents (i.e. Packing list, Challan, LR/RR/ Test certificates) along with bills should be sent as follows i. Two sets to Manager (Finance) for direct payment/ retirement of documents from Bank. ii. One set to the Consignee.

27.0 Charges for prepaid freight, packing etc. where admissible should be substantiated by original vouchers attached to the invoices.

28.0 The amount due against this order can be recovered from or adjusted against sums that may be due from the buyer to the seller without prejudice to other rights of the buyer including the right to forfeit Security Deposit, if any.

Continution Sheet

29.0 Payment of Bills

90% ex-works price alongwith 100% taxes, duties, freight & insurance shall be released within 30 days only after receipt and acceptance of material by NINL and on submission of requisite documents & Security Deposit Bank Guarantee as detailed below. The tenderer shall indicate the Name and Style of Bank Account, Name of the SBI Branch, Branch code., Type of Account (CA/SB/CC) & e-mail ID for effecting the e-payment against supplies. Balance 10% of ex-works price will be released only after successful completion of guarantee/warranty period. Security Deposit:

The Contractor shall submit an unconditional irrevocable Bank Guarantee towards security for the Contractor’s due Purchase Order performance in the prescribed proforma for an amount equivalent to 10% of total Purchase Order price in favour of the Purchaser, within 15 days from the date of order.

The Bank Guarantee for the Security Deposit shall be from a Nationalised Bank/ First Class Scheduled Bank, operable at Bhubaneswar.

The Security Deposit Bank Guarantee shall remain valid till completion of all supplies as stipulated under the Purchase Order plus two months grace period. In case the contractual completion time gets extended beyond original period, the Contractor shall arrange for the extension of the Bank guarantee for such extended period upon written request of the Purchaser.

No interest on the Security Deposit Bank Guarantee or depreciation thereof shall be payable by the Purchaser.

The Bank Guarantee shall be for the time bound, due and faithful performance of the Purchase Order and shall remain binding notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the Contractor and the Purchaser in terms of the Purchase Order or otherwise. Without prejudice to the Purchaser’s other rights under the Purchase Order, the Security Deposit will be liable for forfeiture by the Purchaser, if he deems it necessary and appropriate, at its discretion, in the event of Contractor’s failure to discharge and/or be liable of any of his obligations and responsibilities stipulated under the Purchase Order.

Subject to stipulations of other provisions of the Purchase Order, the Security Deposit Bank Guarantee shall be released on application by the Contractor after expiry of its validity as stipulated herein above.

Should the extent of the Purchase Order be altered during execution of the Purchase Order in such a way as to effect an increase or reduction of the Total Purchase Order Price by more than 10%, the amount the Bank Guarantee shall be increased or reduced correspondingly.

If the Contractor fails to duly perform and complete the work with due diligence or expedition or if it appears to the Purchaser that the Contractor will fail to fulfill his obligation under the Purchase Order, the Purchaser reserves the right to terminate the Purchase Order and forfeit the Security Deposit.

All Bank Guarantees submitted as per above shall be operable at Bhubaneswar.

30.0 Removal of Rejected Goods : The rejected goods, are to be collected by the supplier from NINL stores at their own cost & risk within a period of one month from the date of intimation/GARN date. No claim relating to the rejected materials will be entertained by NINL thereafter.

31.0 Issue of CST/OST declaration Forms: CST/OST declaration forms will be issued only after receipt of a request letter from the seller along with copy(s) of bill (s). Documents of the supplier demanding CST/OST forms (through Bank) will not be retired/entertained.

32.0 Statutory Requirements Supplier warrants that all goods and materials covered under this order have been produced, supplied, despatched, delivered and furnished in strict complaiance of all applicable laws, regualations, labour agreements, working conditions and technical codes and requirements. Seller shall execute and deliver such documents as may be required to evidence such compliance. As far as NINL is concerened, all laws and regulations required to be incorporated in agreements of this contrract, are hereby deemed to be incorporated, by this reference.

33.0 Secrecy The supplier shall treat as confidential/ secret, all informations, designs, drawings and documents provided by NINL, and shall not use them for any other purpose other than for the purpose of performance of this order. The supplier, if required, shall sign a secrecy agreement with NINL.

34.0 Liability Agreement Supplier shall defend and hold NINL from all claims of liability for injuries to and / or death of any persons, and for loss of and / or damage of property caused by negligence of the seller, arising under or by reasons of materials furnished, including without limitation, the installation, erection repair, rectification, adjeustment or operation of materials covered.

35.0 Cancellation/ Terminations Incase of breach of contract by the supplier, NINL shall give a written notice of such breach, if the supplier does not take appropriate recourse to the satisfaction of NINL within a period of 30 days of the issue date of Notice, the NINL may terminate the contract anytime thereafter. The supplier shall then be liable to NINL inaccordance with other relevant provision of the purchase order.

36.0 Force Majeure

If either party is prevented from the performance obligations in whole or part for reasons of Force Majeure viz, acts of God, acts of Government, acts of public enemy, war, hostility, commotion, sabotages, fire, floods, explosions, lawful strike, riots, national defence requirement, lawful lockout, which is beyond the control of the party, then provided Notice happening of any such eventuality is given by the affected party invoking Force Majeure within 15 days of occurrence and cessation of the Force Majeure along with documentary evidence from the Government of Chamber of Commerce, the period of Force majeure shall be excluded accordingly. If the Force majeure event(s) continue beyond the period of one month the parties shall hold consultation to chalk out the further course of action. Neither party can claim any compensation from other party on account of Force majeure.

37.0. ARBITRATION i) All Disputes or differences, whatsoever, arising between the parties out of or in relation to the construction, meaning and operation or effect of this Contract or breach there of shall be settled amicably. If however, the parties are not able to resolve them amicably, the same shall be settled by the MD / Director in charge of NINL or an arbitrator appointed by him as the case may be, in accordance with the provisions of Arbitration & Conciliation Act 1996 and the award made in pursuance there of shall be binding on the parties. The Arbitrator/Arbitrators will give reasoned award. ii) Work under the Contract shall be continued by the Contractor during the arbitration proceedings unless otherwise directed in writing by the Purchaser or unless the matter is such that the works cannot be continued until the decision of the arbitrators or of the Umpire, as the case may be, is obtained and save as those which are otherwise expressly provided in the Contract, no payment due or payable by the Purchaser shall be withheld on arbitration proceeding unless it is the subject matter or one of the subject matter thereof. iii) The venue of Arbitration shall be Bhubaneswar. Only the Courts at Bhubaneswar will have the jurisdiction over any matter/disputes etc. pertaining to and arising out of the Contract.

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ANNEXURE-VI TO NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

GENERAL CONDITIONS OF CONTRACT (GCC)

SCHEDULE – I

1.1.0 DEFINITION

The following words and expressions as used hereinafter/defined, shall have the meaning hereof assigned to them except where the contract otherwise requires:

1.1.1 ‘NINL’ mean Neelachal Ispat Nigam Limited and its different functionaries entrusted with the responsibilities in relation to the contract in respect of the area of responsibilities of such functionaries.

1.1.2 “Contractor” shall mean the Tenderer whose tender has been accepted by the Company (NINL) and on whom the contract /work order is placed by NINL and shall include his heirs, legal representatives, successors and permitted assignees.

1.1.3 “Contract” shall mean and include the contract between the NINL and the contractor duly signed by the parties thereto, or Work order issued by NINL in favour of the Contractor for the execution of the works together with all documents annexed/attached therewith.

SCHEDULE – 2

2.1.0 SCOPE OF WORK :

2.1.1 The work shall be executed strictly in accordance with the specifications, Bill of quantities/ schedule of rates & sketches/drawings and written and oral instruction (to be subsequently confirmed in writing) of NINL

2.1.2 In the event of any discrepancy between drawings and specifications, drawings will supersede the specifications. Description of relevant items of the schedule of quantities and rates will supersede the drawings, specifications and any other details.

2.2.0 FACILITIES TO BE PROVIDED BY THE PURCHASER

2.2.1 Required free issue materials if any will be supplied free of cost by the purchaser at his store within the plant premises. However the transportation of the same shall be arranged by agency at their cost.

2.2.2 No specific arrangement shall be made by the purchaser for supply of electricity for this work. However, contractor can tap electricity from any nearby available supply source with due permission of the purchaser.

2.2.3 No specific arrangement shall be made by the purchaser for supply of water for this work. However, contractor can tap water from any nearby available supply source with due permission of the purchaser.

2.2.4 The drawings as required shall be supplied by NINL.

2.3.0 OBLIGATION OF THE CONTRACTOR:

2.3.1 The contractor will supply all materials except free issue material required if any for execution of this work.

2.3.2 The contractor shall make arrangements for all the equipments, machineries, welding machines, gas cutting sets, and all other tools and tackles, cranes etc. required for satisfactory completion of the work.

2.3.3 The contractor shall prepare material indents, working drawings, as built drawings etc as per purchaser’s requirements.

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2.3.4 The contractor shall make own arrangements for transportation of free issue materials from purchaser’s store to the place of work.

2.3.5 The contractor shall be fully responsible for custody of all free issue materials & shall use the materials economically, return the excess /scrap materials at purchaser’s store & maintain stock register for the same.

2.3.6 The contractor shall depute experienced personnel for supervising the work.

2.3.7 The contractor shall take utmost care in protecting / safe-guarding the existing facilities of the purchaser.

2.3.8 The contractor shall follow all the statutory obligations and safety rules as applicable. A certificate regarding compliance of safety rules to be forwarded by the contractor along with RA bills.

2.3.9 The contractor shall defend / indemnity / keep NINL harmless of /from all claims of liabilities caused due to negligence of contractor during work.

2.3.10 The executing agency shall make necessary arrangements to test the materials & submit the test reports to purchaser, as per purchaser’s requirements without any extra cost to the purchaser.

2.3.11 The contractor shall execute the work strictly as per specification, drawings, IS CODES, other standards issued by the purchaser.

2.3.12 The contractor shall make own arrangements for approach roads / access etc. to the fabrication / erection sites.

2.3.13 The contractor shall handover the site in a neat and tidy condition as acceptable to the purchaser.

2.4.0 TECHNICAL SPECIFICATION:

2.4.1 Technical specification for this works prepared by NINL shall be followed and binding by the contractor.

2.4.2 Executing agency shall carry out all the works strictly as per the specification & instruction of the site Engineer.

2.5.0 Security Deposit Bank Guarantee

a) The Contractor shall submit an unconditional irrevocable Bank Guarantee towards security for the Contractor’s due Work Order performance in the prescribed proforma for an amount equivalent to 10% of total Work Order price in favour of the Purchaser, within 15 days from the date of order. b) The Bank Guarantee for the Security Deposit shall be from a Nationalised Indian bank, operable at Bhubaneswar. c) The Security Deposit Bank Guarantee shall remain valid till completion of the job as stipulated under the Work Order plus two months grace period. In case the contractual completion time gets extended beyond original period, the Contractor shall arrange for the extension of the Bank guarantee for such extended period upon written request of the Purchaser. d) No interest on the Security Deposit Bank Guarantee or depreciation thereof shall be payable by the Purchaser. e) The Bank Guarantee shall be for the time bound, due and faithful performance of the Work Order and shall remain binding notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the Contractor and the Purchaser in terms of the Work Order or otherwise. Without prejudice to the Purchaser’s other rights under the Work Order, the Security Deposit will be liable for forfeiture by the Purchaser, if he deems it necessary and appropriate, at its discretion, in the event of Contractor’s failure to discharge and/or be liable of any of his obligations and responsibilities stipulated under the Work Order. f) Subject to stipulations of other provisions of the Work Order, the Security Deposit Bank Guarantee shall be released on application by the Contractor after expiry of its validity as stipulated herein above. g) Should the extent of the Work Order be altered during execution of the Work Order in such a way as to effect an increase or reduction of the Total Work Order Price by more than 10%, the amount the Bank Guarantee shall be increased or reduced correspondingly. h) If the Contractor fails to duly perform and complete the work with due diligence or expedition or if it appears to the Purchaser that the Contractor will fail to fulfill his obligation under the Work Order, the Purchaser reserves the right to terminate the Work Order and forfeit the Security Deposit. i) All Bank Guarantees submitted as per above shall be operable at Bhubaneswar.

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SCHEDULE – 3

3.0 CONTRACT PRICE

3.1 BASIS OF CONTRACT PRICE

The contract price to be paid in consideration of the work and services to be executed/made/performed by the CONTRACTOR as per Bill of quantities and in accordance with all terms, conditions, stipulations, specifications and any other obligations to be met by the CONTRACTOR under the Contract will be arrived at based on the estimated quantities and rate as stated in Bill of Quantities and Price Schedule of this contract.

3.2 FIRM RATES

Unit rate of all the items shall remain firm, fixed and binding on the CONTRACTOR till the completion of entire scope of work and shall not be subjected to any variation except for the statutory variations in the taxes and duties as specified in schedules. Unit rates shall also remain firm irrespective of any variation in quantities stated therein.

Quantity variation in particular item of BOQ shall be allowed upto + 20% with firm rate as above. However, total contract price shall remain same.

3.3 RATES FOR EXTRA ITEMS

Should it be found necessary to execute any item of work which is not included in the schedule of items and as such no contract rate is available, the rates for such items of work shall be fixed as per the following procedure.

i) Where the extra works are of similar nature as to any item of work appearing in “Bill of Quantities and Rates” then the rates for such extra items shall be derived from contract rates of similar / closest item of work.

ii) Where the nature of extra item is such that the rate for the same cannot be derived as per (i) above, then the rates for extra item of work shall be derived by rate analysis based on the market rates.

iii) Where rates for extra item of work can not be established by methods (i) or (ii) above, then the rate for such item shall be estimated and fixed by the ENGINEER based on the market rates & assessment for labour, materials & other factors.

SCHEDULE – 4 4.0 TIME SCHEDULE

4.1 TIME SCHEDULE / COMPLETION MILESTONE

4.1.1. The work shall be completed in all respects and handed over to NINL according to the stipulated time schedule.

4.2. EXTENSION OF TIME

4.2.1. The CONTRACTOR shall not be allowed any extension, of time for completion except in the following cases :

i) Force majeure – As per details stated in the clause 6.3.

ii) Major changes or substantial addition to work ordered by the NINL adversely affecting the completion time.

4.2.2. The CONTRACTOR upon happening of any such event as stated above shall immediately give notice but nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the NINL to proceed with the work.

4.2.3. Request for extension of time shall be submitted by the CONTRACTOR in writing and NINL, based on the merit, shall consider the request and convey his decision to the CONTRACTOR in writing within a reasonable time.

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4.2.4. The CONTRACTOR shall not be eligible for any extension of time on account of any delay in procurement of materials/equipments stipulated in scope of the contractor

4.3 COMPLETION

The work shall be deemed to be completed when upon notice by the CONTRACTOR, NINL has inspected the works and satisfied himself that the works have been fully completed in accordance with the contract and necessary completion certificate have been issued to the CONTRACTOR subject to the provision made in clause 6.5.

4.4 PART OCCUPATION

The purchaser shall have the right to take possession of or use any completed or partially completed part of the work at any time. Such possession or use shall not be deemed to be completion or acceptance of any work not done in accordance with the contract subject to the provision made in clause 6.5.

SCHEDULE – 5

5.0 TAXES AND DUTIES

All taxes including Work Contract tax, duties, levies, fees or other charges legally leviable on the CONTRACTOR in connection with the contract shall be borne and paid by the CONTRACTOR.

5.1 Purchaser shall bear no liability in respect of any taxes, duties and levies, whatsoever.

5.2 INCOME TAX / Works contract Tax (sales tax) which the Purchaser may be required to deduct by law/statute, shall be deducted at source and shall be paid to the Income Tax / Sales Tax / Statutory authorities on account of the contractor. Purchaser shall provide the contractor a certificate for such deduction and deposit thereof.

5.3 ROYALTIES

Royalties for construction materials wherever applicable may be deducted by the purchaser from Contractor’s bills for depositing with the concerned State Government authorities unless receipt in support of payment made to the concerned state Government authorities is provided by the CONTRACTOR.

5.4 The contractor shall produce necessary documentary evidence as may be called for by Purchaser in respect of the taxes, duties and levies paid by the CONTRACTOR.

SCHEDULE – 6

6.0 OTHER TERMS AND CONDITIONS OF CONTRACT

6.1 TERMINATION AND SUSPENSION AND FORECLOSURE

6.1.1 The purchaser may at any time on breach of this Contract by the CONTRACTOR give him, a written notice of such breach. If the CONTRACTOR does not remedy this breach within a period of 7 days after receiving the notice, then the purchaser may terminate the contract at any time thereafter. The CONTRACTOR shall be liable to refund any money which he is obliged to do so under the Contract.

6.1.2 The CONTRACTOR shall stop the performance of the Contract from the effective date of termination and hand over all the drawings, documents, plant, equipments, supplied materials etc. including transfer of all the rights of work to the Purchaser. No consequential damages shall be payable by the Purchaser to the CONTRACTOR in the event of termination.

6.1.3 The purchaser may suspend the work in whole or in part at any time by giving CONTRACTOR a notice in writing of such effect stating the nature, the date and the anticipated duration of such suspension.

6.1.4 On receiving the notice of suspension as per Clause 6.1.3 from the Purchaser, the contractor will suspend the work desired to be suspended, with immediate effect. The CONTRACTOR shall continue to perform other work in terms of the Contract, which the purchaser has not suspended. CONTRACTOR shall protect and secure the suspended work as considered necessary in the opinion of the ENGINEER.

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6.1.5 The Purchaser may at any time cancel the suspension notice for all or any of suspended work by giving written notice to the CONTRACTOR specifying the part of work to be resumed and the effective date of withdrawal of suspension. The CONTRACTOR shall resume the suspended work as expeditiously as possible after receipt of such notice of suspension-withdrawal.

6.1.6 In the event of suspension of work, the Purchaser will not be liable to pay to the CONTRACTOR for any damage or loss for idle labour caused by such period of suspension of work. The purchaser shall not be liable to Contractor for any payment towards watch and ward and other expenditures.

6.1.7 The contract shall be terminated if due to any unforeseen circumstances which may lead to the foreclosure of the works for reasons such as resource crunch, non-availability of funds, and for other administrative reasons etc.

6.1.8 Contractor will be compensated only for the quantum of work/services he has rendered till effective date of foreclosure. Any other claims like compensation for loss in profit, compensation for loss of reputation etc. or any other consequential damages claimed by the Contractor will not be given by the Purchaser.

6.2 REJECTION

Notwithstanding with any approval/acceptance which the Employer may grant to the Contractor, in respect of any of Contractor’s works or any part thereof including materials under the scope or any other services for its quality & quality adequacy and workmanship which the Contractor has discharged or provided in terms of the Contract, the Contractor shall not be relieved in any way of any of his contractual obligations and/or responsibilities to execute and complete the works in conformance to the Contract.

The Employer reserves the right to reject, Contractor’s any goods/work delivered and/or executed under the Contract, any time during currency of the Contract if the same is found to be not in conformity with terms of the Contract.

If the Contract work or any portion thereof, before it is accepted or taken over by the Employer, is found to be defective or not being in conformity with Contract/technical specifications or fails to fulfill the requirements of the Contract, the Employer shall give the Contractor notice setting forth particulars of such defects or failure and the Contractor shall forthwith make good the defects or alter the same to make it comply with the requirements of the Contract. Should he fail to do so within a reasonable time, the Employer may reject and replace at the risk and cost of the Contractor, the whole or any portion of the work as the case may be, which is defective or not in conformity with Contract / technical specifications or fails to fulfill the requirements of the Contract. However, such rejection/ replacement by the Employer shall not absolve the Contractor of his responsibilities under this Contract.

Any materials, etc. brought to site and found to be not in accordance with the Contract, shall be rejected by the Employer and the Contractor shall remove the materials from site within the period specified by the Employer. Should the Contractor fail to do, the Employer may remove the same at the risk and cost of the Contractor.

The Contractor shall not be entitled to any extension of time or extra cost for fulfilling his obligations stipulated herein above

6.3 FORCE MAJEURE

If either party is prevented from the performance obligations in whole or part for reasons of Force Majeure viz, acts of God, acts of Government, acts of public enemy, war, hostility, commotion, sabotages, fire, floods, explosions, lawful strike, riots, national defence requirement, lawful lockout, which is beyond the control of the party, then provided Notice happening of any such eventuality is given by the affected party invoking Force Majeure within 15 days of occurrence and cessation of the Force Majeure along with documentary evidence from the Government of Chamber of Commerce, the period of Force majeure shall be excluded accordingly. If the Force majeure event(s) continue beyond the period of one month the parties shall hold consultation to chalk out the further course of action. Neither party can claim any compensation from other party on account of Force majeure.

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6.4 ARBITRATION

All disputes or differences, whatsoever, arising between the parties out of or in relation to the construction, meaning or operation or effect of this Contract or breach there of shall be settled amicably. If however, the parties are not able to resolve them amicably, the same shall be settled by the M.D./Director, NINL in charge or an Arbitrator appointed by him as the case may be, in accordance with the provisions of Arbitration & Conciliation Act 1996 and the award made in pursuance thereof by the sole Arbitrator shall be binding on the parties. The Arbitrator will give a reasoned award.

Work under the Contract shall be continued by the Contractor during the Arbitration proceedings unless otherwise directed in writing by the Purchaser or unless the matter is such that the works cannot be continued until the decision of the Arbitrator, is obtained save as those which are otherwise expressly provided in the Contract, no payment due or payable by the Purchaser shall be withheld on Arbitration proceeding unless it is the subject matter or one of the subject matter thereof.

The venue of Arbitration shall be Bhubaneswar. Only the Courts at Bhubaneswar will have the jurisdiction over any matter/disputes etc. pertaining to and arising out of the Contract.

6.5 COMPLETION CERTIFICATE

6.5.1 After completion of the total work duly certified by the NINL Engineer Within 10 days (ten) of the completion of the work, the CONTRACTOR shall give notice of such completion to the Purchaser and the Purchaser shall inspect the work and after satisfying himself with tests that may be prescribed in the contract, if there is no defect, imperfection or short fall in the work, shall issue a completion certificate to the CONTRACTOR.

6.5.2 No completion certificate or provisional completion certificate shall be issued nor shall the work be considered to be complete until the CONTRACTOR shall have removed from the site all scaffolding, surplus materials, rubbish, etc. and all temporary works and cleaned off the dirt from wood work, doors, windows, walls, floors, or other parts of the work.

6.6 RIGHTS OF PURCHASER TO VARY OR CANCEL THE CONTRACT.

6.6.1 The purchaser shall have the right, during the performance of the contract, to make any addition to, alteration in and omission from the works or any alterations in the kind or quality of the materials to be used therein or change the levels, lines, position and dimension of any part of the work and shall give notice thereof in writing to the CONTRACTOR. The CONTRACTOR on receipt of such instruction in writing shall carry out the changes as desired. Such variations shall in no way vitiate or invalidate the contract.

6.6.2 The CONTRACTOR shall not change any works to be made pursuant to the contract except as may become obligations under the contract, provided however that such changes shall be subject to prior written approval of the Purchaser.

6.6.3 The CONTRACTOR shall proceed with the changes as requested, as per Clause 3.3 pending settlement of rates for extra items, if such changes require execution of any items of work not included in the schedule of items.

6.6.4 The Purchaser shall have further power to cancel the Contract if the CONTRACTOR fails to duly perform and complete the contract and if it appears for valid reasons that he will fail to fulfill his obligations under the Contract for reasons other than those reliving of his responsibility under any other provision of the Contract.

6.7 COMPLIANCE WITH STATUTORY LAWS AND OTHER REGULATIONS.

6.7.1 The CONTRACTOR shall throughout the performance of the Contract comply with all the laws, rules, regulations and statutory requirements/obligations of Government of India / State Government of Orissa and other statutory bodies applicable at site for the contract work and the Purchaser shall not be liable for any action of the statute applicable due to non-fulfillment of the statutory obligations by the CONTRACTOR.

6.7.2 All contracts or terms thereof entered between the Purchaser and the Contractor shall be governed and regulated by the relevant laws in force in the territory of India relating to contracts.

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6.7.3 Explosives shall not be used on the work by the CONTRACTOR without the permission in writing of the Purchaser. Where explosives are used, the same shall be stored in a special magazine to be provided by and at the cost of the CONTRACTOR, who shall be liable for all damages, loss or injury to any person or property and shall be responsible for complying with all statutory obligations in these respects.

6.7.4 The CONTRACTOR shall give all notices and pay all fee required to be given or paid under any Central or State statue, ordinance or other law or any regulation or bylaw of any local or other duly constituted authority in relation to the execution of the Contract work.

6.7.5 The CONTRACTOR shall conform in all respects with the provisions of any statute, ordinance or laws as aforesaid and the rules, regulations or by-laws of any local or other duly constituted authority which may be applicable to the works or to any temporary works and with such rules and works or to any temporary works and with such rules and regulations of Public bodies as aforesaid and shall keep the Purchaser indemnified against all penalties and liabilities of every kind for breach of any such statute, ordinance, law, rule, regulation or by-law.

6.7.6 All operations necessary for the execution of the works and for construction of any temporary works shall be undertaken in such a way that same do not interfere unnecessarily or improperly with the public convenience or the access to use and occupation of public or private roads and footpaths or properties whether in the possession of the Purchaser or any other person and the CONTRACTOR shall save harmless and indemnify the Purchaser in respect of all claims, demands, proceedings, damages, costs, charges and expenses, whatsoever arising out of or in relation to any such matters.

6.7.7 The CONTRACTOR shall use every reasonable means to prevent any of the roads and bridges communicating with or on the routes to the SITE from being damaged or injured by any traffic of the CONTRACTOR or any of his Sub-Contractor. For any damage caused by the breach hereof, the CONTRACTOR shall be solely responsible.

6.7.8 The CONTRACTOR must take sufficient care in moving his construction plants and equipments from one place to another so that those may not cause any damage to the property of the Purchaser, particularly to the overhead and underground services and in the event of his failure to do so, the cost of such damages including eventual loss of working hours in any plant/site as estimated by the Purchaser is to be born by the CONTRACTOR.

6.7.9 The CONTRACTOR shall get himself registered with the concerned authorities as provided under various applicable Acts and shall be directly responsible to such authorities for compliance with the provisions thereof.

6.7.10 By way of illustration of various Acts as stated in the contract, the following Acts or any amendment thereof shall be complied with by the CONTRACTOR.

i) Employee Provident Fund Act. 1952 ii) Contract Labour Act (Regulation and abolition Act., 1970) iii) Minimum wages Act, 1948 iv) Payment of wages Act, 1936 v) Payment of Bonus Act., 1965 vi) ESI Act, 1948 vii) Factories Act., 1948 viii) Apprenticeship Act, 1961. ix) Employees Provident Fund and family pension Act, 1952. x) All other statutory provisions related to contract labour.

6.7.11 The CONTRACTOR’s establishment shall be subjected to inspection, investigation etc., by the purchaser for ensuring proper and faithful compliance of the provisions of this contract by the CONTRACTOR with regard to labour laws and matters stated in the contract.

6.7.12 The CONTRACTOR shall provide at his cost to all staff and workers directly or indirectly employed in the works, all amenities for securing proper working and living conditions at the site and at the labour camp. The CONTRACTOR shall also provide medical facilities at the site as per rules in force in relation to strength of their staff and workmen deployed at site.

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6.8 SAFETY AND SECURITY:

6.8.1 The contractors shall take all safety precautions and provide adequate supervision in order to do the job safely and without damage to equipment.

6.8.2 The contractor is not permitted to start the job without reporting to the Safety Engineering & obtaining safety clearance.

6.8.3 The execution department would take necessary shut-downs wherever there are hazards of gases, electricity, moving machinery etc. The contractor shall ensure that the shut-down I clearance are taken before sending workers to such locations.

6.8.4 In case of accidents occurred and injury to the persons, the contractor shall first take the injured person to Plant Medical Unit with the I.O.W Forms and the contractor should inform it to the Engineer-in-charge of the shop immediately.

6.8.5 The contractor shall abide by the provisions of Factories Act, Orissa Factories Rules.

6.8.6 Whenever work at height is involved, contractor must obtain height passes from Safety Engineering Dept. for those persons required to do work at height.

6.8.7 The concerned officer of the department awarding the contract or the Safety Engg. Department upon his satisfaction that the stoppage of work and require the contractor to remedy the defects or supply the commissions as the case may be. The contractor shall not proceed with the work until he has complied with such directions to the satisfactions of such head of the department.

6.8.8 The contractor shall be fully responsible for accidents caused due to his or his agent's or workmen1s negligence or carelessness In regard to the observance of the safety requirements and shall be liable to pay compensation for Injuries.

6.8.9 Without prejudice to the right conferred by the clause 6.7.7 above for stoppages of work for violating of. safety requirements, the contractor shall be liable for a penalty up to Rs. 500/-(Rupees five hundred only) for the first. violation up to Rs.10,000/-(Rupees ten thousand only) for the second violation. For the 3rd violation, he shall be liable to be debarred from further contracts. The penalty amount shall be recoverable from any bill and/ or EMD I SD or the contractor without any further reference to him. The CONTRACTOR shall adopt adequate safety measures and ensure use of protective clothing by all the workmen at site whether or not engaged in actual execution of work or supervision thereof as per requirement.

6.8.10 The CONTRACTOR shall ensure that the workmen at work use safety belts, gloves, helmets, masks, etc. necessary for their safety. The CONTRACTOR shall be responsible for safety arrangements of all equipments used in connection with execution of the work and shall ensure employment of only trained operators to man the equipments. Only tested equipments, tools, wires, ropes, etc. shall be used and shall periodically be tested to the satisfaction of the Company. All test certificate shall be made available to the Company at site as and when required by him.

6.8.11 The CONTRACTOR shall, in connection with the execution of the work, ensure provision and maintenance at his own cost all lights, guards, fencing with gates and watching when and where necessary or required by the client or by any duly constituted authority for the protection of work and/or for the safety and convenience of the public or others.

6.8.12 The CONTRACTOR shall take adequate safety precautions for prevention of accidents at site. The CONTRACTOR shall also ensure that their employees / workmen observe the statutory safety rules and regulations as also those laid down by the Company from time to time.

6.8.13 The CONTRACTOR shall provide at his cost necessary watch and ward force as may be approved by the company to ensure security and safety of all buildings, structures, equipments and materials under their custody at the site of work.

6.8.14 The CONTRACTOR shall abide by all security regulations at site promulgated by the Company from time to time. If required the CONTRACTOR shall provide identity badges to their personnel and workmen which must be properly displayed by them at site.

6.8.15 In order to facilitate issue of gate passes by the Purchaser for materials and equipments either during execution or the maintenance period, the CONTRACTOR shall submit to the Company list of construction / erection equipments etc. and / or other materials that shall be taken inside the site from time to time. Such movement of materials, equipment, tools, tackles, etc. shall be subject to permission of the company.

6.8.16 The CONTRACTOR and his personnel and workmen shall be subjected to security check by Company’s own security force for the over-all protection of the site.

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6.8.17 If the contractor fails to provide necessary safety items to their workmen, NINL may provide the safety items to the workmen and deduct the actual expenses from the contractor’s bill.

6.8.18 If offloading is required, the same shall be done on request of the contractor provided that NINL approves the suggested agency.

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ANNEXURE-VII TO NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

SPECIAL CONDITIONS OF CONTRACT (SCC)

1 GENERAL :

1.1 The Special Conditions of the Contract (SCC) are complementary to and shall be read in conjunction with General Conditions of Contract (GCC) of NINL for Works Contracts. Scope of work, Bill of Quantities and other Documents forming part of the Tender Document. In case of any conflict of meaning between SCC & GCC, Provisions of SCC shall over ride the Provisions of GCC.

1.2 During the operation of the Contract if any new Taxes/Duties/Levies etc are imposed or rates undergo changes, as notified by the Government and become applicable to the subject works, the same shall be reimbursed by NINL on production of documentary evidence in respect of the payment of the same. Similarly benefits accruing to Agency on account of withdrawal / reduction in any existing Taxes and Duties shall be passed on to NINL.

2 SCOPE OF WORK: Work as detailed in BOQ as per the drawings mentioned therein and in accordance with the technical specification, IS codes and standards.

2.1 The contractor has to obey statutory obligations and safety rule as applicable.

Utilities for Construction Purposes:

Unless otherwise expressly limited and/or excluded elsewhere in Contract documents, the Employer shall provide following facilities to the Contractor: (a)Construction water shall be arranged by the contractor for the entire construction works. No specific facility shall be made by the Employer for the purpose of construction / drinking water at site. The provision of bore wells have been included in the Bill of Quantities which may be utilized by the Contractor for making arrangements of water for construction / drinking purposes when they are ready. The Employer shall make payment for these borewells as per BOQ in terms of the Contract. The borewells shall be handed over by the Contractor after completion of works in terms of the Contract. The Contractor shall make his own arrangements and maintain at his cost for pumping & distribution networks for his use of water from these borewells during execution of the Contract. However, non availability of this facility shall not be an excuse for delay or non-performance of the Contract. The Contractor shall be responsible to store water in sufficient quantities to meet his requirements. (b)Compressed Air: Compressed Air for construction purposes shall not be provided by the Employer. The Contractor shall arrange necessary compressed air plant & equipment at his own cost and risk, for compressed air which he may require during construction at site (c)Construction Power: (i)The Contractor shall be provided with construction power at 400V, 3-phase free of cost for the purpose of the erection/construction under the Contract only at one point at the project site. (ii)The Contractor shall make his own arrangements at his cost to provide & lay and maintain necessary temporary supply and distribution lines including switches, fuse units, distribution cables of suitable rated capacity separately for power and lighting along with appropriate safety and protection measures from this point. All temporary wiring must comply with Indian Electricity Rules and Act and will be subject to the Employer's inspection and approval before connection to supply and later.

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He will employ electricians having valid Electrical Licenses for carrying out such installations and maintenance of temporary power and lighting distribution networks. (iii)Any intermittent non-availability of power from the Employer shall not be an excuse for delay in completion of works. The Contractor shall keep & maintain back-up power generator(s) of adequate capacity at has own cost & risk to continue with construction & related work in uninterrupted manner in case of failure of power provided by the Employer. (iv)The above installation will be made as per relevant rules and site locations which are to be finalised in consultation with Employer's personnel. (v)The Contractor will provide proper facilities to the Employer or his authorised representative for inspecting his temporary electrical installation as and when required. The Contractor will immediately attend to the defects so pointed out during this inspection including replacement of faulty cables, switches etc. (d)Temporary allotment of land for the purpose of site Office, Stores and temporary works for execution of Contract. (i)Space will be allotted free of charge for the purpose of Contractor’s site Office, Stores / Godown and fabrication yard, subject to mutual discussion and agreement because of limited availability of space. (ii)The allotment shall remain valid till the currency of the Contract and shall automatically cease after issuance of Final Acceptance Certificate under the Contract. The validity shall also automatically cease on termination of Contract due to any reason whatsoever. (iii)The land shall not be used for any purpose other than the purpose for which it is allotted. (iv)The Employer shall not be responsible to provide residential accommodation to Contractor’s personnel deployed by him under the Contract.

2.2 The payment to be made on actual measurement basis certified by NINL Engineer In-Charge.

2.3 The agency will contact GM (Project) of NINL for all works in respect to execution of this contract / work order & payment recommendations.

2.4 OBLIGATIONS OF NINL

2.4.1 NINL shall provide power wherever required for the job.

2.4.2 Steel material shall be issued as free issue to the contractor from NINL Store (GPS).

2.4.3 The general specification of painting of M/s Mecon (GS – 02) shall be available in the Department.

3 MEASUREMENTS; The Contractor shall take measurements jointly with the Engineer or his Representative and keep joint records for the same. Bills shall be prepared and submitted by the Contractor basing on agreed measurements.

4 ADVANCE: No advance of any sort will be given by NINL.

5. PAYMENT TERM:

5.1 90% of basic price +100% taxes, duties, levies etc. shall be released within 30 days on pro-rata basis against submission of R/A bills duly certified by authorized Engineer of NINL. Payment shall be made on area laid actual.

5.2 RETENTION MONEY: Balance 10% of contract / executed price shall be kept as retention money for defect liability period and shall be paid after successful completion of defect liability period.

6 DEFECT LIABILITY PERIOD / WARRANTY

6.1 Defect Liability Period of 12 (twelve) months shall commence from the date of issue of completion certificate in accordance with clause under “completion certificate”. During this period the Contractor shall be liable to the Purchaser for any defect, deficiency or shortfall in the work arising from workmanship or erection or use faulty erection material / consumable or from any act of omission of the Contractor.

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6.2 The Contractor guarantees that within the above stipulated Defect Liability Period, the Contract work shall not show any sign of defects, errors, cracks, disfigurations, shrinkage, leakage, dampness or any other faults.

6.3 The Contractor shall maintain and satisfactorily execute at his own cost all such works of repair, amendment, reconstruction, rectification, replacement and any other work to make good the faulty during above stipulated Defect Liability Period.

6.4 The Contractor shall, if required by the Purchaser, identify the causes of any defects, imperfection or fault under the direction of the Purchaser. The cost of such work shall be borne by the Contractor.

6.5 At intervals specified by the Purchaser, the Contractor alongwith the Purchaser / Consultant shall inspect the Contract work to satisfy him that no defects have cropped up in the Contract work. Should there be any signs of defects; the Contractor shall take immediate steps to rectify the same.

6.6 At the end of the Defect Liability Period, the Contractor alongwith the Purchaser / Consultant shall carry out final inspection of the Contract work to prove that no defects had appeared in the Contract work or that all defects which appeared in the Contract work have been rectified to the satisfaction of the Purchaser. If during the final inspection it is found that the defects still remain in the Contract work, the period of defect liability shall be extended at the discretion of the Purchaser and the Contractor shall be liable to make good the defects and be responsible for the maintenance of the work till the defect have been fully removed.

6.7 Until the end of the period, the Contractor shall have the right of entry at his own risk and expense, by himself or his duly authorised representative whose name shall previously have been communicated in writing to the Purchaser at all reasonable working hours, upon all necessary parts of the works for the purpose of inspection and taking notes therefrom and, if he desires, at his own expense, making any tests subject to the approval of the Purchaser, which shall not be unreasonably withheld.

6.8 To the intent that the works shall, after the expiration of Defect Liability Period, be handed over to the Purchaser in perfect condition to the satisfaction of the Purchaser, all such repair works as stated herein above shall be carried out by the Contractor at his own expense, if the necessity thereof shall in the opinion of the Purchaser be due to the use of materials or workmanship not in accordance with the Contract or failure on the part of the Contractor to comply with any obligation expressed or implied on Contractor's part under Contract.

6.9 If the Contractor fails to commence rectification of such defects within 14 days from the date of Notice by the Purchaser or does not complete the said rectification with diligence and within mutually agreed time period, the Purchaser shall be entitled to carryout such work by his own workmen or by other Contractors and the Purchaser shall be entitled to recover from the cost thereof or may deduct the same from any money due or that become due to the Contractor under the Contract.

7 UBURI, ORISSA 6.10 Upon successful completion of defect liability period the Purchaser shall issue Final Acceptance

Certificate to the Contractor after joint inspection by Purchaser / Consultant and the Contractor.

7. Recovery of Income Tax at source will be made from Contractor’s bill and deposited with Income Tax Department as per Rules. Recovery of Sales Tax applicable shall be made from the Contractor’s Bills.

8 LIQUIDATED DAMAGES FOR DELAY

8.1 If the CONTRACTOR fails to complete the works/items of works in all respect and hand over the same to NINL within the time stipulated in Clause 4.0 of GCC or approved extended time, the CONTRACTOR shall pay to NINL liquidated damages for such default and not as penalty at the rate of 0.5% of the contract value (excluding taxes and duties) of the works delayed for every delayed week or part thereof subject to a maximum of 5%.

8.2 The liquidated damages will also apply to items or group of items for which separate period of completion has been specified.

8.3 The total amount of liquidated damages shall be limited to 5%.

8.4 NINL may without prejudice to any other method of recovery deduct the amount of liquidated damages from any money due in his hands or will become due to the CONTRACTOR.

8.5 The payment or deduction of such liquidated damages shall not relieve the CONTRACTOR from his obligation to complete the works or from any other obligations and liabilities under the contract.

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9 LABOUR DEPLOYMENT:

9.1 The Contractor shall deploy his Labour as per requirement and as instructed by the Engineer. It may be necessary to carry out the work round the clock based on requirement and shutdown provided. The Contractors rate shall cover such eventualities.

9.2 Only trained, experienced, safety inducted workers acceptable to the Engineer shall be engaged on this work. Work shall be executed as per specifications to the satisfaction of the Engineer.

10 SECURITY REGULATIONS: The Contractor shall abide by and also observe all Security Regulations promulgated from time to time by the Employer.

11 STORING/STACKING OF MATERIALS: Storing / Stacking / Placing of materials shall be only at the places designated by the Engineer.

12 The Contractor, his Supervisors and Workmen shall observe entry and exit timings strictly.

13 After completion of work activity, the site has to be cleared of all debris, construction material and the like.

14 The successful Tenderer shall start the work immediately after obtaining gate passes and safety induction training and clearance from the Employer.

15 NOTICES: Any notice to be given to the Contractor under Terms of the Contract shall be considered duly served, if the same has been delivered to, left for or posted by Registered Post to the Contractors principal place of business (or in the event of the Contractor being a Company, its Registered Office), at the site or to their last known address.

16 If it comes to the notice of NINL at any stage right from request for Registration / Tender Document that any of the Certificates / Documents submitted by the Applicant for Registration or by Bidders are found to be false / fake / doctored, the Party will be debarred from participation in all NINL Tenders for a period of 02 (Two) years including Termination of Contract, if awarded. EMD / Security Deposit etc., if any, will be forfeited. The Contracting Agency in such cases shall make good to NINL any loss or damage resulting from such termination. Contracts in operation any where in NINL will also be terminated with attendant fall outs like forfeiture of EMD / Security Deposit, if any, and recovery of risk and cost charges etc. Decision of NINL Management will be final and binding.

17 Failure to execute the work after LOA/WORK ORDER is given will make the party liable for debarring for a period of 2 (TWO) YEARS.

18 In case it is found before / after award of work to the person / agency that the same person / agency is proprietor / proprietress / partner of two or more separate agencies and quoted for the same work, then punitive action to the extent of debarring up to 02 (TWO) years from participating in NINL. Tenders will be taken.

19 PAYMENT OF MINIMUM WAGES: Wages paid to the Workmen by the Contractor should not be less than the rates notified by the Commissioner of Labour, Orissa published in the Orissa Gazette from time to time with regard to the minimum wages applicable to the respective category of workmen.

20 MODE OF PAYMENT

The contractor has to submit their bank account details in NINL format duly certified by concerned bank manager for the purpose of making electronic payment, before submission of first running account bill, failing which the bill will not be processed.

The Successful Tenderer is required to give an undertaking to the Finance Dept of NINL that the payment made by NINL of any sum due to him by directly remitting the same in his Bank, the address and the number of which is to be furnished, shall be in full discharge of the particular bill raised by him, and that he shall not have any claim in respect of the same.

In respect of payment made through Electronic Fund Transfer mechanism or Direct Credit to the Supplier’s / Contractor’s Bank Account, the Supplier / Contractor / receiver should intimate discrepancies, if any, within 10 days from the date of despatch of intimation letter of payment to them to Finance Dept of NINL failing which it shall be presumed that the funds have reached their Bank Account and no claims will be entertained after the said 10 days.

ANNEXURE-VIII TO NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

ACCEPTANCE OF THE TERMS AND CONDITIONS MENTIONED IN THE TENDER

To

Dy. General Manager (Commercial) Neelachal Ispat Nigam Limited, Commercial Department (Purchase Wing) 2nd Floor, Neelachal House Kalinga Nagar Industrial Complex, At/PO-Duburi - 755026, District-Jajpur Dear Sir, Sub: Your NIT No. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016 With reference to your Tender Notice No NIT-229 dated 14.10.2016 for supply & installation/laying of 1.5 mm black smooth HDPE liner, we hereby give our confirmation and acceptance of the terms and conditions mentioned in the above captioned tender. ** There are no other deviations to the above captioned tender / Statement of deviations is enclosed to this letter. Thanking you, Yours faithfully, Dated: (Signature and Seal of Tenderer) Note: If there is any requirement of deviations / deletions from the terms and conditions mentioned in the tender document, a separate statement duly signed should be sent along with offer (Part-II: Techno-Commercial Bid). ** Strike off whichever is not applicable.


IRON AND STEEL PLANTDUBURI, ORISSA

ANNEXURE-IX TO NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

FORMAT FOR

BANK GUARANTEE AGAINST EARNEST MONEY DEPOSIT

[1. The Bank Guarantee should be furnished on a non-judicial stamp paper of appropriate value

2. The stamp paper should be purchased in the name of Bank executing the Guarantee.] M/s Neelachal Ispat Nigam Limited IPICOL House, 1st Floor, Janpath, Bhubaneswar Dear Sirs, 1. In consideration of your agreeing to accept Guarantee towards Earnest Money of US $ / INR

_________________ (US Dollar/INR _____________________________) against the Tender No. _______________________ dated ____________ floated by M/s Neelachal Ispat Nigam Limited (hereinafter called the “Purchaser”) M/s ________________ (hereinafter called the Tenderer) requested us to provided the guarantee to fulfill the tender condition, we _________________________________ _________________________________ (Banker’s name) are holding in trust in favour of you the amount of Rs. ____________ (Rupees ____________________________) and agree to pay to you on demand immediately without protest or demur or reference to the Tenderer, if the Tenderer failed to perform all or any of their obligation under the said Tender. The decision of the Purchaser duly communicated in writing to the Bank that the Tenderer have failed to perform all or any of the obligation under the said Tender shall not be questioned and shall be final and conclusive (irrespective of stand that can be taken by or on behalf of Tenderer). The said amount of Rs. _______ (Rupees _______________________________) will accordingly forthwith be paid without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ________ days from the date of

issue and shall continue to be enforceable till six months thereafter and that we ______________________________________________ (Bank) undertake not to revoke this guarantee during its currency without the consent in writing of the Purchaser.

3. We ____________________ (Bank) further agree that Purchaser shall have the fullest liberty without

affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said Tender from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Tenderer and/or forbear to enforce any of the terms and conditions relating to the said Tenderer and we shall not be released from our liabilities under this guarantee by the reason of any such variation or extension being granted to the said Purchaser or for any forbearance and / or omission on part of Purchaser or any indulgence of the Purchaser, to the said Tenders or by any other matter or thing whatsoever which under the law relating to the sureties would, but for this provision have the effect of so releasing us from our liability under this guarantee. We __________________________ (Bank) further agree that the guarantee herein contained shall not be affected by the liquidation or winding up, dissolution or change in the constitution of the said Tenderer.

4. Your right to recover the said sum of INR _________________ [(INR)Rupees _____________

________________________ only] from us in any manner will not be affected or suspended by the


IRON AND STEEL PLANTDUBURI, ORISSA

reason of the fact that any dispute or disputes have been raised by the Tenderer and/or that any dispute are pending before any officer, Tribunal of Court.

5. We have power to issue this guarantee in your favour and the undersigned has full power to execute

this guarantee under the Power of Attorney granted to me by the Bank.

For & on behalf of ________________ (Banker’s Name) ________________ Branch Manager (Banker’s Seal)

Signed and delivered Dated ____________ For and on behalf of the above Bank

ANNEXURE-X TO NIT NO. NINL/CM/AR/CV-CON-227/NIT-229, Dtd 14.10.2016

FORMAT FOR

BANK GUARANTEE FOR SECURITY DEPOSIT

(To be established through any Nationalised / First Class Scheduled Bank at Bhubaneswar and negotiable at their Counters)

M/s Neelachal Ispat Nigam Limited IPICOL House, 1st Floor, Annexe Janpath, Bhubaneswar Dear Sirs, 1. In consideration of your agreeing to accept Guarantee towards security deposit of

Rs………………… furnishable to you by M/s ………………………………. (hereinafter called the “Contractor”) in terms of Contract no. ………………………….. dated ………….. with M/s Neelachal Ispat Nigam Limited (hereinafter called the “Purchaser”), the Contractor requested us to provide the guarantee to fulfill contractual obligation, we ………………………………………… (Bank name) at the request of the Contractor, are holding in trust in favour of you the amount of Rs…………………………………. and agree to pay to you on demand immediately without protest or demur or reference to the Contractor if the Contractor failed to perform all or any of their obligation under the said Contract. The decision of the Purchaser duly communicated in writing to the Bank that the Contractor have failed to perform all or any of the obligation under the said Contract shall not be questioned and shall be final and conclusive (irrespective of stand that can be taken by or on behalf of Contractors). The said amount of Rs……………………… shall be paid forth with on demand, without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ………………. Days from the

date of issue and shall continue to be enforceable till six months thereafter and that we ……………………………. (Bank) undertake not to revoke this guarantee during its currency without the consent in writing of the Purchaser.

3. This guarantee shall continue and hold good until it is released by you on the application by the

Contractors after expiry of the relative guarantee period of the said Contract and after the Contractor had discharged all his obligations under the said Contract and produce a certificate of due completion of the work under the said Contract provided always that this guarantee shall in no event remain in force after the day of ………………………. without prejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing before the expiry of six months from the said date which will be enforceable against us notwithstanding that the same is or are enforceable after the said date.

4. We ………………………………. (Bank) further undertake to extend the validity of the guarantee

beyond the period prescribed in Clause (3) or as extended from time to time, for such further period as may be required in writing before the expiry of this guarantee and upon such extension(s), all terms and conditions of this guarantee shall remain in full force till the expiry of this extended period.

Subject to the maximum limit of our liability as aforesaid the guarantee will cover all your claims or claims against the Contractor from time to time arising out of or in relation to the said Contract & in respect of which your claims in writing is lodged on us before expiry of 6 months from the date of expiry of this guarantee. Notwithstanding any thing contained hereinabove our liability under this guarantee is restricted to Rs…………………………. and this guarantee shall remain in force until ……………………… Unless a written claim is lodged on us for payment under this guarantee within six months or the guarantee i.e. on or before ………………………….. all your rights under this guarantee shall be forfeited and we shall be deemed to have been released and discharged from all liability thereunder, irrespective of whether or not the original guarantee is returned to us.

5. We ………………………………… (Bank) further agree that the Purchaser shall have the fullest

liberty without effecting in any manner our obligation hereunder to vary our any of the terms and conditions of the said Contract from time to time or to postpone for any time or from time to time any of your rights or powers exercisable by the Purchaser against the said Contractor and/or forbear to enforce any of the terms and conditions relating to the said Contract and we shall not be released from our liabilities under this guarantee by reason of any such variation or extension being granted to said Contractor or for any forbearance and/or commission on the part of the Purchaser or any indulgence by the Purchaser to the said Contractors or by any other matter whatsoever which under the law relating to the sureties would, but for this provision have the effect of so releasing us from our liability under this guarantee.

6. We ………………………………. (Bank) further agree that the guarantee herein contained shall

not be affected by the liquidation or winding up, dissolution or change in the constitution of the said Contractor.

7. Your right to recover the said sum of Rs………………………….. form us in any manner will not

be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Contractor and/or that any dispute or disputes are pending before any, Officer, Tribunal or Court.

8. We have power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the Power of Attorney granted to him by the Bank.

For and on behalf of (Banker’s Name)

Branch Manager (Banker’s Seal)

Address …………………………. ………………………….

AMENDMENT NUMBER 01, DATED: 24.11.2016 Ref. NIT …ninl.in/tender/NIT-229, Dtd 14.10.2016.pdf ·...

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Transcript of AMENDMENT NUMBER 01, DATED: 24.11.2016 Ref. NIT …ninl.in/tender/NIT-229, Dtd 14.10.2016.pdf ·...