NEELACHAL ISPAT NIGAM LIMITED

Tender for Supply of Hot Metal Ladle Refractory Set for Blast Furnace

TENDER NOTICE NO.: NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

Broad Description of Tender Documents

Sl. No.

Description No. of Pages

Volume-I: Notice to Invitation to Tender 4

Annexure I Instructions to Tenderers 16

Annexure II Scope of work, Technical Specifications, BOQ & Drawings

15

Annexure III Proforma for Letter of Authority from established Producer of material.

1

Annexure IV Declaration regarding Indian Agent 1

Annexure V Proforma for Letter of Acceptance of NINL's terms and conditions of tender

1

Annexure VI Check List 1

Annexure VII Proforma for the Declaration of Particulars 1

Annexure VIII Format for Bank Guarantee for Security Deposit 2

Volume-II : Annexure IX Price Schedule (In case of Imported Supplies) 1

Annexure X Price Schedule (In case of Indigenous Supplies) 1

Annexure XI Format for Bank Guarantee for Earnest Money Deposit 2

Commercial Department (Purchase Wing)

2nd Floor, Neelachal House Kalinga Nagar Industrial Complex,

At/PO-Duburi, District-Jajpur Phone 264001-08, 09

E. Mail: anilkantaray@yahoo.in

NEELACHAL ISPAT NIGAM LIMITED

KALINGA NAGAR INDUSTRIAL COMPLEX, KALINGA NAGAR, DUBURI - 755026

ODISHA

VOLUME – I

TENDER NOTICE NO.: NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

Tender document downloaded from www.ninl.in by Messers: ______________________________________________________________

______________________________________________________________ ______________________________________________________________ ______________________________________________________________

(Signature and seal of the tenderer)

Neelachal Ispat Nigam Limited Commercial Department (Purchase Wing)

2nd Floor, Neelachal House Kalinga Nagar Industrial Complex,

At/PO-Duburi, District-Jajpur Phone 264001-08, 09, E. Mail: anilkantaray@yahoo.in

Notice to Invitation to Tender No.: NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018 Supply of Hot Metal Ladle Refractory for Blast Furnace.

(OPEN TENDER FOR PARTICIPATION OF DOMESTIC AS WELL AS FOREIGN VENDORS)

1.0 Neelachal Ispat Nigam Limited (NINL) invites signed offer in sealed bids in three parts (Part-I: Earnest Money Deposit Bid, Part-II: Techno-Commercial Bid and Part – III: Price Bid in separate envelopes) for Supply of Hot Metal Ladle Refractory for Blast Furnace in conformity with the specification, BOQ, Scope & Drawings given in Annexure – II to NIT.

2.0 NINL intends to purchase Hot Metal Ladle Refractory for Blast Furnace in conformity with the specification,

BOQ, Scope & Drawings given in Annexure – II to NIT.

3.0 Bids in a sealed envelope shall be received up to 15.00 Hours (IST) on 10.08.2018. Tender opening schedule

is 15.00 Hours (IST) on 10.08.2018. 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.

4.0 The offer should be submitted in sealed envelope clearly super scribing “Tender for Supply of Hot Metal

Ladle Refractory for Blast Furnace” against Tender No NINL/CM/AR/BF-CON-111/NIT-208, DATED

17.07.2018, due on 10.08.2018 at the office of DGM (Commercial), Commercial Department, 2nd Floor,

Neelachal House, Kalinga Nagar Industrial Complex, Duburi – 755026 (ODISHA) – India.

5.0 Tenders submitted against NIT/Tender shall not be returned in case the tender opening date is extended/

postponed. Tenderers desirous to modify their offer/terms may submit their revised/supplementary

offer(s) within the extended TOD, by clearly stating the extent of updation done to their original offer. NINL

reserves the right to open the original offer along with revised offer(s).

6.0 Each tender shall be considered only if the Earnest Money Deposit (EMD) in Indian Rupees/US$ is

submitted for an amount of Rs. 75,000/- (Rupees Seventy five thousand only) or US$ 1100 (US Dollar Eleven

hundred only) in the form of Crossed Demand Draft (DD) drawn in favour of “M/s. Neelachal Ispat Nigam

Limited” payable at Duburi/Jajpur Road/Bhubaneswar or Bank Guarantee in favour of “M/s. Neelachal Ispat

Nigam Limited” and operable at Duburi/Jajpur Road/Bhubaneswar from any scheduled commercial bank

except co-operative and Gramin Bank (as per the format provided in the tender) is submitted in PART – I:

EMD envelope. Tenders received without Earnest Money Deposit of requisite value will not be considered

by NINL. Please refer Cl.No.15.0 of Annexure-I.

7.0 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 (Please refer Cl.No.16.0 of Annexure – I and format as per

Annexure-VIII to NIT).

8.0 EVALUATION: All the tenders shall be evaluated on the basis of Landed Cost Net of GST Setoff price (LCNS)

per set basis.

8.1 Price discovery/finalization of order against the tender shall be done by conducting online Reverse e-

Auction (RA) among the techno-commercially acceptable bidders. However, NINL reserves the right to

finalise the price through online reverse e-auction/physical sealed price bid. 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 GST

Setoff (LCNS) price at NINL stores. Only such tenderers whose offers are techno-commercially accepted

shall be permitted to participate in Reverse e-Auction.

8.2 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.

8.3 Technically Accepted (TA) & Commercially Accepted (CA) tenderers would be authorized to quote their

Landed Cost Net of GST Setoff (LCNS) price only on e-reverse auction engine on a fixed time and date.

Modalities of evaluation of Landed Cost Net of GST Setoff (LCNS) price is given at Cl. No. 6.0 of

Instructions to Tenderers (Annexure-I to NIT).

8.4 The Closing selling exchange rates ascertained from Reserve Bank of India (RBI) as applicable on one

day before the scheduled date of reverse e-Auction will be taken for making price comparative

statement of reverse e-Auction, in case Reverse e-auction is conducted. The Closing selling exchange

rates ascertained from Reserve Bank of India (RBI) as applicable on the date of opening of the Sealed

Price Bids shall be considered for evaluation of the offers in case only Sealed Price Bids are considered.

In case of order on Import source, the payment shall not exceed LCNS so arrived in INR. The Closing

selling exchange rates ascertained from Reserve Bank of India (RBI) as applicable on one day before the

scheduled date of reverse e-auction shall be taken to arrive at LCNS in INR.

8.5 Total number of source: 01 (One)

The tendered quantity shall be taken from one Techno-commercially acceptable tenderer.

9.0 Bidder may download the bidding document from NINL website at www.ninl.in and submit the bid. NINL

shall not be responsible for any difficulty in downloading of clear and complete tender documents from its

website. The tenderers shall be deemed to have read and understood the complete tender documents

uploaded by NINL on its website.

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 available on the NINL Website, 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.

NINL shall not be responsible for any delay, loss or non-receipt of tender documents or tenders by post.

10.0 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.

11.0 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 or Corrigendum. Such amendments Or Corrigendum will be

notified on NINL’s website at regular intervals. Therefore the tenderers should refer to NINL’s website

regularly for any corrigendum.

12.0 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).

13.0 The Purchaser also reserves the right to amend the scope of work and/or modify the Bid Documents.

14.0 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.

15.0 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.

16.0 Any minor deficiency viz. (validity & operability of BG, spelling mistakes in the BG etc.) in documents

submitted in Part‐I (EMD) shall be asked from the Tenderer and the same will have to be submitted by the

Tenderer 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.

17.0 Based on the evaluation of offers, NINL reserves the right to place order for a part/full quantity on any

bidder.

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

Limited.

19.0 Material deviation to our NIT terms & condition such as Liquidated Damages clause, Applicable laws,

Cancellation/Termination clause, Part Order 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. 20.0 Tenderer’s authorized representative can be present for opening of the tenders at the time and date

specified. He should carry an authorization letter.

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 with any of the Directors of Neelachal Ispat Nigam Limited, if so furnish.

ANNEXURE-I TO NIT NO. : NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018 INSTRUCTIONS TO TENDERERS

1.0 In case the principal manufacturer wants to supply from their Works located at more than one place, the

details of the Works should be indicated in the tender. They should also give clear price breakup and quantities (in Price Bid) for supplying the material from different Works.

1.1 Tenderers, who may be offering on behalf of a principal manufacturer, shall furnish in original the Letter of

Authority of the concerned manufacturers, specifically authorising the said Tenderer to make an offer in response to this Invitation to Tender. The Letter of Authority should be as per the format enclosed at Annexure – III of NIT and this should be submitted along with Part-II of Tender Documents i.e., Techno-commercial Bid.

1.2 Only one offer should be received from each principal manufacturer either directly or through their agents.

In case more than one offer is received from the same principal manufacturer, then, all the offers of the same principal manufacturer will be rejected including the direct offer, if any. One agent can not represent two manufacturers or quote on their behalf in a particular tender.

1.3 Eligibility criteria:

a) Manufacturers who have successfully supplied minimum 15 sets or equivalent 750 MT of Hot Metal Ladle refractories each year in at least two financial years of the preceding six to eight financial years ending on 31.03.2018 to SAIL, RINL or any Indian steel plant of hot metal capacity minimum 1.0 Million Tons, are eligible to participate in this Tender.

b) Tenderers are required to submit Purchase Order copies, order supply completion certificate or Commercial Invoice copies in support of their claim about supply of Hot Metal Ladle refractory in requisite quantity.

c) Average Financial annual turnover of the tenderer during last three years as per guidelines ending 31st March of previous financial year shall be at least Rs 35 Lakhs in the business for which the tenderer is participating in the tender. Audited annual account for last three years shall be furnished along with techno-commercial bid in support of the same.

d) Documentary evidence is also required to be submitted in support of Ownership/Lease agreement for manufacturing facility of refractories.

e) NINL reserves the right to call for original documents for verification at any time during tendering, evaluation along and/ or the execution of the contract. In case of any documents/information submitted by bidder(s) found to be false or containing any misrepresentation of having any fraudulent declaration in it, then in such eventuality, legal action (including cancellation of contract, banning of business dealing, damages criminal proceedings etc.) as deemed fit may be initiated against the bidder.

1.3.1 In the absence of the relevant documents mentioned at para 1.3 above, tenderers will be treated as without eligibility criteria and offer will not be considered.

2.0 Scope of Work, Specification & Bill of Material:

Tenderer has to ensure supply of material as per Bill of Material provided with the Tender. Any shortfall of supply from the Bill of Material shall be liable for deduction of equivalent amount to the tune of cost of material which is not supplied. SPECIFICATION: The quality of material should be as per the laid down specification provided along with the Tender.

3.0 Quantity

Sl. No. Item Description/ Specification Quantity Supply of Hot Metal Ladle Refractory for Blast Furnace. The details Technical Specification alongwith Bill of Quantities & Drawings as per the Annexure-II, enclosed herewith.

4.0 Placement of Order: Order may be placed on the basis of L1 tender and if required negotiations will be held with L1 tenderer only. However the L1 tenderer may be required to explain / justify the basis of their quoted price as and when asked for. In case the tenderer fails to justify his quoted price or refuses to co-operate in this regard, tender committee may take a decision not to consider the bidder for next tender. However NINL reserves the right to issue part order against the above tender quantity.

5.0 QUOTING OF PRICE(S): (i) The price of the Material offered should be quoted in Indian Rupees or US Dollars or any other foreign

currency on per set basis. The basis of arriving cost per set basis is explained under clause ‘6.0’. (ii) The prices quoted by the tenderer should be firm till execution of Order. (iii) In case of Indigenous Supplies, the price quoted should be on FOR NINL Stores basis indicating the

applicable taxes, duties, levies and Freight & Insurance separately. (iv) In case of import offers, Tenderers having office and warehouse registered in India should quote on

FOR NINL STORES basis indicating applicable taxes, duties, freight, insurance etc as detailed below giving break-up CIF Price.

(v) In case of import offers, where the Tenderers cannot offer price on FOR Destination basis, the price of the MATERIAL offered can be quoted on the basis of CIF Kolkata, giving break up of FOB Price, Freight, marine insurance indicating name of loading port. Their LCNS price shall be calculated on the basis of clause 6.0. Tenderers to furnish the following details in the techno-commercial bid.

A Number of Pallets required. B Dimensions, Gross and Net weight of each Pallet. c Type and Number of Containers required

d Country of Origin

e Customs Tariff Number

f Load port details

6.0 Basis of Price Evaluation & finalization of Order: 6.1 All the offers shall be evaluated and compared based on Landed Cost Net of GST Setoff basis (LCNS)

on per set basis at NINL Stores. Modalities of evaluation of Landed Net of GST Setoff price is given below.

6.2 In case of domestic Tenderers, Landed Cost is arrived at after considering all costs i.e., quoted price of material including packing & forwarding charges, freight & insurance & GST etc. (Presently NINL is availing 100% input tax credit towards towards GST (Goods & Services Tax)). The price arrived at is LCNS price i.e. Landed Cost Net of GST Setoff price. The bidders has to quote their price on LCNS basis as per the price format (under indigenous offer)

6.3 In case of Foreign Tenderers, Landed Cost is arrived by converting quoted CIF (Kolkata port basis) value into Indian Rupees with further downstream costs such as all applicable duties & taxes for imports, CHA charges, inland freight and insurance, port charges, Bank charges, GST etc. The bidders has to quote their price on LCNS basis as per the price format (under import offer). The CHA charges,

inland freight and insurance charges has been assumed as 8% of CIF value. However, in the event, the CHA, freight and insurance charges exceeds the assumed 8%; the excess amount shall be deducted from the final payment of supplier.

6.4 For the purpose of comparison of offers, offers for Imported Tenderers shall be converted into INR (Indian Rupees) by adopting the Closing selling exchange rates ascertained from Reserve Bank of India (RBI) applicable one day before the date of conducting reverse e-auction and Landed Cost Net of GST Setoff basis (LCNS) per set basis arrived at for NINL Stores. In case of order on Import source, the payment shall not exceed LCNS so arrived in INR. The exchange rate prevailing on the day before the scheduled date of reverse e-auction shall be taken to arrive at LCNS in INR.

6.5 The prices quoted by the tenderer for the quantity offered should be firm till execution of order. 6.6 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. (a) EVALUATION OF INDIGENOUS OFFER FOR DETERMINING LANDED COST NET OF GST SETOFF

(LCNS) PRICE:

1 DESCRIPTION AMOUNT (Rs) per set Basis

I Basic Price (BP) # A II Packing & forwarding Charges if any # B III Freight (Ft) # C IV Insurance Charges (Ins) # D V Goods & Services Tax (GST) as applicable* E = (A+B+C+D) x 18% VI Landed Cost of Supply F = A+B+C+D+E VII Landed Cost Net of GST Setoff basis (LCNS) for Supply G = F - E

EVALUATION OF IMPORT OFFERS FOR DETERMINING LANDED COST NET OF GST SETOFF (LCNS) PRICE:

2 Description Rate AMOUNT (Rs) per set Basis

i CIF Value at Kolkata Sea Port in USD # (Or CIF Value in quoted currency) [Cost + Insurance + Freight] #

A

ii Exchange Rate (Rs.), one day before the scheduled date of Reverse Auction.

Say @ ‘B’ / USD

iii CIF Price (in Rs.) C = A x B iv Assessable Value D = C v Basic Customs Duty @ 7.5% * 7.5% E = D x 7.5% vi Social Welfare Surcharge @10%* 10% F = E x 10%

vii Goods & Service Tax (GST) as applicable * 18% G = (D+E+F) x 18%

viii Clearing, Handling and inland freight & insurance charges (@8% on CIF value #), [Import suppliers can quote directly the above charge in applicable currency, Please refer “QUOTING OF PRICE(S)”, clause ‘5.0’]

8% H = C x 8%

ix Goods & Service Tax (GST) as applicable on sl. no. viii*

18% I = H x 18%

x Loading Payment Factor @ 20.2% on Basic Customs Duty, Social Welfare Surcharge, GST & Clearing, Handling & Inland Freight and Insurance & GST.

on (v+vi+vii+viii+ix)x 20.2%/12

J = (E+F+G+H+I) x 20.2% / 12

xi Landed Cost of Supply K = C+E+F+G+H+I+J

xii Landed Cost Net of GST Setoff basis (LCNS) for Supply

L = K – (I+G)

* Statutory Levy (Ruling at the time of offer) # Assumption

7.0 Delivery :

(i) The total delivery schedule validity will be for a period of one year from the date of placement of order. NINL’s requirement is commencement of supply within 4 to 6 weeks of placement of order. The delivery requirement is @ 2 sets per month. The delivery will be made based on the Delivery instruction to be issued by NINL as per the requirement and the total order quantity to be delivered within the validity period of the order. However, actual delivery to be made as per requirement of NINL. The Bidder should indicate the earliest (best) delivery in their offer. NINL reserves the right to alter the delivery requirement according to stock position.

(ii) The period of delivery is the essence of the contract. In case of imports supplies, the date of arrival of material at Kolkata Seaport shall be the date of delivery in respect of each consignment. In case of indigenous supplies, the date of receipt of material at NINL’s stores shall be the date of delivery in respect of each consignment.

(iii) For any delay in clearance at the port of destination on account of non-supply of shipping documents (Original Clear Lorry Receipt, in case of indigenous supplies) in time and / or due to faulty documents, the SUPPLIER would be held responsible for any demurrage, port / siding / store

rent etc, which the PURCHASER may become liable to pay to the Authorities at the Port in India (Demurrages, Punitive Charges etc, payable to Transporter, in case of indigenous supplies).

8.0 Payment Terms:

100% payment along with taxes & Duties shall be paid within 30 (Thirty) days of receipt and acceptance of material.

9.0 Taxes & Duties:

(i) In case of Imported Supplies, the successful tenderer shall be entirely responsible for all taxes, stamp duties, License fees and other such levies imposed outside India and the price quoted shall be deemed to be inclusive of all such taxes and duties, unless otherwise specifically mentioned.

(ii) In case of indigenous supplies, the prices quoted should be FOR NINL Stores indicating the basic price /unit, packing & forwarding, freight & insurance/unit, Goods & Services Tax whether inclusive or exclusive and applicable taxes, duties and levies (whether inclusive or exclusive) on the due date for submission of tender. The prices shall remain firm and fixed till execution of the contract. Any new taxes and duties and any revision in the taxes and duties during the original contractual delivery period shall be reimbursed at actuals based on the documents evidencing the taxes and duties applicable on the date of supply as well as the due date for submission of tender. Any new taxes and duties and any changes in taxes and duties beyond the original contractual delivery period shall be borne by the successful tenderer. Evaluation of offers shall be done considering the input tax credit that would be available to NINL.

(iii) In case of indigenous supplies, the Seller shall despatch materials on door delivery basis ensuring that the “Tax Invoice” (for availing input tax credit in lieu of GST) is handed over by the transporter to NINL. In case of non-submission of this document, the amount equivalent to the loss of input tax credit in lieu of GST shall be recovered from the amount due.

10.0 Transit Insurance : In case of imports, the SUPPLIER shall, at his own expense arrange for suitable Marine Insurance cover for the entire MATERIAL to be delivered on CIF basis. In case of indigenous supplies, Transit Insurance shall be within the scope of supplier and supplier has the full responsibility for delivering the complete material at Purchaser’s Stores. In case of any damage, loss found on receipt, the same shall be replaced by the supplier free of cost.

11.0 Indian Agents of Foreign Suppliers/Contract Agencies:

(i) NINL shall deal directly with Foreign Tenderers and would prefer not to entertain involvement of any Agent /Agency/ Intermediary.

(ii) In case a Foreign Tenderer desires to avail services of an Indian Agent / Agency / Intermediary related to their tenders or orders, the following details shall be furnished in the offer.

a) Authorization Certificate as per the format at Annexure - III.

b) What service the Agent renders, Extent of authorization and authority given to the Agent. The amount of commission / remuneration / service charges, if any, shall be included in the quoted price(s) for such agent and indicated separately.

c) Confirmation of the Tenderer that the commission/ remuneration / service charges, if any, payable to his Indian agent, shall be paid by NINL in India in Indian Rupees. In addition, any other relevant details as may be asked for by the PURCHASER subsequently shall also be furnished by the Tenderer.

(iii) The Indian agent’s commission/ remuneration / service charges, if any should be included in the quoted prices and indicated separately.

(iv) Failure to adhere to the above or furnish correct and detailed information as called for herein above, will render Tenderer's bid liable for rejection or in the event of an agreement materializing, the same is liable to termination by NINL. Besides this, there would be a penalty of banning business dealings with NINL or damage or payment of a named sum.

(v) The Agency commission, if any, payable to Indian agent which will be released to the concerned Indian agent in Indian rupees only on the basis of the Invoice submitted as per the tender / contract payment terms.

(vi) For any particular tender no Indian agent can represent or quote on behalf of more than one foreign tenderers. In case this principle is violated, the relevant offers will be rejected.

(vii) Registered agent needs to submit before the placement of order by NINL, an Original certificate issued by his foreign tenderer (or an authenticated Photostat copy of the above certificate duly attested by a Notary Public) confirming the agency agreement.

(viii) Wherever the Indian representative has communicated on behalf of their foreign tenderer and / or the foreign tenderer have stated that they are not paying any commission to their Indian agent(s) but paying salary or retainer, a written declaration to this effect given by the foreign tenderers should be submitted before finalizing the contract.

12.0 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-V of this Instruction to Tenderers, 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-V. 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.

13.0 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.

14.0 OFFER VALIDITY: Bidders shall keep their offer firm and valid for acceptance by NINL for a minimum period of 90 (Ninety) days from the date of Tender Opening Date (TOD) for placement of order to the successful bidder.

15.0 EARNEST MONEY DEPOSIT (EMD): i) Each tender shall be considered only if Earnest Money Deposit (EMD) of Rs. 75,000/- (Rupees Seventy

five thousand only) in the form of Crossed Demand Draft (DD) payable at Duburi/Jajpur Road/ Bhubaneswar or Bank Guarantee in favour of “M/s. Neelachal Ispat Nigam Limited” and operable at Duburi/Jajpur Road/Bhubaneswar from any scheduled commercial bank except co-operative and Gramin Bank (as per the format provided in the tender) is submitted in PART – I EMD envelope. Foreign bidders can submit Earnest Money Deposit (EMD) in US Dollars in the form of Crossed Demand Draft (DD) payable at Bhubaneswar or Bank Guarantee in favour of “M/s. Neelachal Ispat Nigam Limited” (as per the format provided in the tender) and operable at Bhubaneswar from any scheduled commercial bank for an amount USD 1100 (US Dollars Eleven hundred only). In case of Bank Guarantee from a foreign bank it shall be from a first class foreign bank and it shall be counter guaranteed by State Bank of India, Commercial Branch, Bhubaneswar, SWIFT CODE: SBIN IN BB 119. Bank Guarantee from Indian Branch of a Foreign Bank is acceptable provided the Indian Branch is recognised by Reserve Bank of India as a scheduled bank and operable at Bhubaneswar branch of the Bank.

ii) Tenders received without EMD of requisite value will be summarily rejected. Previous deposits with NINL, if any, by way of EMD, Security Deposit or any other kind of Deposit or financial security cannot be adjusted for this purpose and offers with such requests shall be treated as without EMD.

iii) The EMD shall be encashed by NINL without any further reference to the tenderer and forfeited in case the offer submitted is withdrawn or modified by the tenderer in a manner not acceptable to NINL, before expiry of validity.

iv) The following categories are exempted from submission of EMD. Small Scale Industries (SSI) / Ancillary Units and PSUs/ Govt. Undertakings and Cooperative 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.

. v) 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.

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

vii) 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.

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

ix) The bid security may be forfeited:

if the Bidder withdraws/revokes unilaterally its bid either in part or whole during the period of bid validity. The prices are increased unilaterally after submission of the bid during its validity,

16.0 SECURITY DEPOSIT BANK GUARANTEE a) The Suppliers shall submit an unconditional irrevocable Bank Guarantee towards security for the

Supplier’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.

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

c) 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 Supplier 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 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 Supplier 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 Supplier’s failure to discharge and/or be liable of any of his obligations and responsibilities stipulated under the Purchase Order.

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

g) 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.

h) If the Supplier fails to duly perform and complete the work with due diligence or expedition or if it appears to the Purchaser that the Supplier 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.

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

17.0 Preparation of Tender: 17.1 The offer shall be submitted in three parts;

Part-I: Earnest Money Deposit Bid Part-II: Techno-Commercial Bid Part-III: Price Bid.

17.2 Part-I in a separate sealed envelope should contain the following: 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.

17.3 Part-II in a separate sealed envelope should contain the following: 1. Annexure – II duly signed and stamped on each page. 2. Declaration in original regarding Indian Agent, if any, as per the proforma given at Annexure-IV

of these Instructions to Tenderers.

3. Letter in original as a token of acceptance of the NINL terms and conditions mentioned in the tender, as per the proforma given at Annexure-V of this Instructions to Tenderers.

4. Declaration of particulars as sought at Annexure-VII of this Instructions to Tenderers. 5. Check list as per Annexure-VI. 6. The price schedule after blanking the price figures (but indicating the percentage of taxes and

duties levied in case of indigenous supply). 7. All other details alongwith Technical Specification, Eligibility Documents and 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.

9. Each page of the offer should be numbered consecutively, referring to the total number of pages comprising the entire offer, at the top right-hand corner of each page.

10. Each page of the offer and its enclosures should be signed by the authorised officer(s) of the Tenderer along with seal of the Company / Firm indicating the name and status of the signatory.

17.4 Part-III: Price Bid should be submitted in a separate sealed envelope in the prescribed proforma given in Volume-II of the tender document clearly mentioning "PRICE BID" and NIT reference on the envelope. The Price Bid should only contain the price quotations. Any financial terms should be given in the Techno Commercial Bid (Part-II) only. Any condition / caveat in the Price Bid shall not be considered for evaluation and the offer may be liable for rejection.

The above mentioned three envelopes should be sealed separately. The name and address of the tenderer should be mentioned on these envelopes.

17.5 The three separate sealed envelopes as above should be placed in another envelope which

should be addressed to the DGM (Commercial), Neelachal House, 2nd Floor, Commercial Dept (Purchase Wing), Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi - 755026, ODISHA, India and should bear in Block Capital Letters the superscription "Offer in response to Tender No: NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018 due on 10.08.2018". This envelope should also be sealed. The name and address of the Tenderer should be mentioned on this envelope as well. The tenderer should submit "EARNEST MONEY DEPOSIT" in a separate envelope and not to enclose the same with any part of the quotation. The Part I "EARNEST MONEY DEPOSIT" shall be opened on the due date of opening of tender. However, the Part II "TECHNO COMMERCIAL BID" & Part III "PRICE BID" of the tender shall be opened subsequently with due intimation to the bidders.

17.6 Copies of the offer should not be sent to any other officer of NINL. 17.7 Offers received by NINL through e-mail, fax, offers received late/ delayed and offers received in

Single Bid will not be considered under any circumstances. 18.0 Evaluation and Rejection of Offers:

(i) NINL evaluates technical and commercial acceptable offers on Landed cost net of GST Setoff (LCNS) on set basis at NINL Stores. This has been explained in detail at clause ‘6.0’ under “Basis of Price Evaluation & finalization of Order”. Offers which deviate from the vital conditions (as illustrated below) of the tender shall 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

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, fax, 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 this Invitation to 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.

19.0 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 Order. In case of failure to rectify the deficiencies within the time given, the tender would be rejected / loaded as mentioned at clause ’12.0’ and ’13.0’ above. In case of rejection, unopened Price Part of the tender would be returned and Bid Money would be refunded.

20.0 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.

21.0 Waiver:

Non-enforcement by either party of any of the provisions of this Contract shall not operate or constitute as a waiver of the provision itself or any subsequent breach thereof.

22.0 RIGHTS OF THE PURCHASER TO VARY THE SCOPE:

The Purchaser shall have the right, during the performance of the Contract, to change the scope and/or technical character of the Project and/or of the supplies and related services as stipulated in the Contract. In the event, the Purchaser requests a change as per the Contract, the Contract price and time shall be adjusted upwards or downwards, as the case may be and as shall be mutually agreed to. The Contractor shall not be entitled to any extension of time unless such changes adversely affect the time schedule. The Contractor shall not change any work to be made pursuant to this Contract except as may become necessary to enable him to meet his technical obligations under this Contract, provided however that such changes shall be subject to prior written approval of the Purchaser. The Contractor shall proceed with the changes as requested as per above pending adjustment of Contract price and time schedule where so applicable in terms of Contract.

In the event that a request for changes by the Purchaser should affect the guarantees of the plant/process, a readjustment of such guarantees shall be agreed upon jointly, before the Contractor proceeds with the change.

ISSA Changes occasioned due to non-observance by the Contractor of the provisions of this Contract or arising out of detection by the Purchaser of errors in the documents or in works not in compliance with the design, specifications & drawings or with the best engineering practice, shall neither give rise to price adjustment nor extension of time. The Contractor shall take immediate steps to restore the contractual position, if so desired by the Purchaser. Also, if any changes are required for completeness of the work as per the Contract, the Contractor shall not be entitled to extra price or time.

23.0 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.

24.0 Liquidated Damages:

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.

25.0 NEGLIGENCE, DEFAULT AND RISK PURCHASES:

If the Contractor shall neglect to execute work with due diligence or expedition or shall refuse or neglect to comply with any reasonable order given to him in writing by the Purchaser in connection with the work or shall contravene the provisions of Contract, the Purchaser may give notice in writing to the Contractor calling upon him to make good the failure, neglect or contravention complained of within such time as may be deemed reasonable by the Purchaser and in default of compliance with the said notice, the Purchaser without prejudice to his other stipulated rights under the Contract hereto, may rescind or terminate the Contract holding the Contractor fully liable for the damages that the Purchaser may sustain. In addition, the Contractor shall refund all amounts paid to him by the Purchaser for all such work, which may become infructuous due to such termination. Should the Contractor fail to comply with such notice within the period as mentioned in the notice or any other period considered reasonable by the Purchaser for such compliance, from the date of serving

thereof, then and in such case, without prejudice to the Purchaser's other rights under the Contract, the Purchaser shall have at his option the right to take the affected work wholly or in part out of the Contractor's scope and may complete the work, as envisaged in the Contract either departmentally or by awarding fresh Contract(s) at a reasonable price to any other persons or firm or company to execute the same, at the risk and cost of the Contractor. In such event the Purchaser shall, without being responsible to the Contractor for fair wear and tear to the same, be entitled to seize and take possession and have free use of all materials, construction equipment, tools, tackles and other things of the Contractor which may be on the site for use at anytime in connection with the work to the exclusion of any right of the Contractor over the same and the Purchaser shall be entitled to retain and apply any sum which may otherwise be then due as per the Contract or any other Contract from him to the Contractor as may be necessary for the payment of the cost of execution of such work as aforesaid. If the cost of executing the work as aforesaid shall exceed the sum due to the Contractor and the Contractor fails to make good the deficit, the said materials, tools, tackles, construction plant or other things and properties of the Contractor as may not have been used up in the completion of the work, may be sold by the Purchaser and proceeds applied towards the payment of such difference and the cost of and incidental to such sale. Any outstanding balance existing after crediting the proceeds of such sale shall be paid by the Contractor on the demand of the Purchaser, but when all expenses, cost and charges incurred in the completion of the work are paid by the Contractor, all such materials, tools, tackle, construction plant or other things not used in the completion of the work and remaining unsold shall be removed by the Contractor with the written permission of the Purchaser only.

26.0 Suspension The Purchaser may suspend the work in whole or in part at any time by giving Contractor (Supplier) notice in writing to such effect stating the nature, the date and the anticipated duration of such suspension. On receiving the notice of suspension under this Clause the Contractor shall stop all such work, which the Purchaser has directed 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. The Purchaser may at anytime cancel the suspension notice for all or any part of suspended work by giving written notice to the Contractor specifying the part of work to be resumed and the effective date of suspension withdrawal. The Contractor shall resume the suspended work as expeditiously as possible after receipt of such withdrawal of suspension notice. Suspension of work under this Clause by the Purchaser will not be for more than ninety (90) days continuously and the total number of suspension will not be more than seven (7) times during contractual completion period. In the event of suspension of work for more than 15 days by the Purchaser for no fault of the Contractor, completion time shall be extended by the Purchaser. In the event of suspension of any work or any part thereof by the Purchaser, for a continuous period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still under suspension, the Contractor may give a notice to the Purchaser requiring that the Purchaser shall, within thirty (30) days of receipt of the notice, order the resumption of such performance or request and

subsequently order a change in scope in accordance with the terms of the Contract excluding the performance of the suspended obligations from the Contract.

If the Purchaser fails to do so within such period, the Contractor and the Purchaser, shall mutually discuss further course of action.

27.0 TERMINATION

The Purchaser, without prejudice to any other rights or remedies it may possess, may terminate, at his discretion, the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefore to the Contractor, under the Contract. (a) for any reason at his convenience by giving the Contractor a notice of termination;

NE (b) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt ; (c) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provisions of the Contract ; (d) If the Contractor

(i) has abandoned or repudiated the Contract either in full or part, (ii) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause, (iii) refuses or is unable to provide sufficient materials or services to execute and complete the supplies / work in the manner specified in the program furnished under the Contract and/or agreed by the Contractor at rates of progress that give reasonable assurance to the Purchaser that the Contractor can not attain Completion of the supplies / work under his scope in terms of the Contract and/or when the maximum of liquidated damages is reached its stipulated limit in terms of the Contract. then the Purchaser may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the default and requiring the Contractor to remedy the same. If the Contractor fails to take remedial steps within fourteen (14) days of its receipt of such notice, then the Purchaser may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this clause.

Upon receipt of the notice of termination as provided for under the Contract, the Contractor shall, either immediately or upon such date as is specified in the notice of termination, (a) cease all further supplies / work, except for such supplies / work as the Purchaser may specify in the notice of termination for the sole purpose of protecting that part of the Plant/Equipment/work which are already executed, under the Contract and (b) terminate all sub-contracts, except those to be assigned to the Purchaser pursuant to paragraph (d) below, and (c) deliver to the Purchaser the parts of the Plant/Equipment/work completed by the Contractor upto the date of termination, and

(d) assign to the Purchaser all right, title and benefit of the Contractor to the work and to the Plant and Equipment as of the date of termination, and, as may be required by the Purchaser, in any sub-contracts concluded between the Contractor and its sub-contractors, and (e) deliver to the Purchaser all drawings, specifications and other documents prepared by the Contractor or its sub-contractors. Subject to stipulations of the Contract, the Contractor shall be entitled to be paid the Contract Price attributable to the supplies / work completed. Any sum due to the Purchaser from the Contractor accruing prior to the date of termination shall be deducted from the amount due to the Contractor under this Contract.

Upon termination of the Contract by the Purchaser pursuant to this Clause under the Contract, the payments shall be settled in accordance with following provisions: (i) If the Purchaser completes the balance supplies / work pursuant to Contract hereof, the cost of completing such balance supplies shall be determined by the Purchaser. (ii) If the sum that the Contractor is entitled to be paid, plus the reasonable costs incurred by the Purchaser in completing the balance supplies exceeds the Contract Price, the Contractor shall be liable for such excess. (iii) If such excess is greater than the sums due to the Contractor under the Contract, the Contractor shall pay the balance to the Purchaser, and if such excess is less than the sums due the Contractor, the Purchaser shall pay the balance to the Contractor. (iv) The Purchaser and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid considering all the payments already made to the Contractor including any advance payments prior to date of termination subject to any deductions permitted under the Contract. (v) Upon termination of the Contract the security deposit, submitted by the Contractor under the Contract, shall be released by the Purchaser only after settlement of all payments in accordance with the provisions given herein above. Security deposit shall be liable for forfeiture in case the Contractor fails to settle the payments as stipulated herein within a reasonable period as decided by the Purchaser.

In this Clause, the expression “Plant/Equipment/work completed” shall include all work related to Supply provided by the Contractor and used or intended to be used in terms of the Contract, up to and including the date of termination.

28.0 APPLICABLE LAW This Contract will be governed by Indian Laws. The Contract shall be subject to exclusive jurisdiction of Courts at Bhubaneswar.

29.0 Transfer and Sub-Letting 29.1 The SUPPLIER shall not sublet, transfer, assign or otherwise part with the Order or any part thereof,

either directly or indirectly, without the prior written permission of the PURCHASER. In the event of Supplier contravening this condition, the Purchaser shall be entitled to cancel the Order and to purchase the same or similar material elsewhere on the Supplier’s account and at his risk and cost.

29.2 In case of sub-letting, it shall not relieve the Supplier of any responsibility, liability or obligations under the contract and the Supplier shall be responsible for the acts, defaults, negligence of any Sub-Agency or his agent and workmen as fully they were the acts, defaults, negligence of the supplier or his agents and workmen.

29.3 The SUPPLIER shall be entirely responsible for the execution of the Order by the subcontractor, if any, permitted by the PURCHASER.

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 Statutory Requirements Supplier warrants that all goods and materials covered under this order have been produced, supplied, despatched, delivered and furnished in strict compliance of all applicable laws, regulations, 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 concerned, all laws and regulations required to be incorporated in agreements of this contract, are hereby deemed to be incorporated, by this reference.

32.0 Secrecy The supplier shall treat as confidential/ secret, all information’s, 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.

33.0 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, adjustment or operation of materials covered.

34.0 Cancellation/ Terminations In case 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, then NINL may terminate the contract anytime thereafter. The supplier shall then be liable to NINL in accordance with other relevant provision of the purchase order.

35.0 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 VC & 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.

36.0 Test cum Guarantee Certificate:

All items should be guaranteed against any faulty materials or bad workmanship and satisfactory performance under normal conditions from the date of receipt and acceptance. All replacements should be done at site free of the cost and the replaced units should be guaranteed as above. The Supplier shall submit Test cum Guarantee Certificate along with every consignment and give guarantee for replacement in case of any deviations / manufacturing defects. Replacement of defective materials shall be made free of cost (including duties in India to Supplier’s account) at Purchaser’s site by the Supplier and the collection of the defective material to the Supplier's works shall be the Supplier's responsibility and shall be made at his expenses. The supplier shall arrange free replacement of such materials within a period of 30 days time.

37.0 GENERAL

No director or official or employee of the Purchaser shall in any way be personally bound or liable for the acts or obligations of the Purchaser under the Contract or answerable for any default or omission in the observance or performance of any of the acts, matters or things or conditions which are herein contained.

38.0 GENERAL LIABILITY The rights and obligations of the parties are finally and conclusively defined in this Contract. Claims for indirect, remote or consequential damages such as loss of production, loss of profit, loss of use are excluded.

ANNEXURE-III TO NIT NO. : NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018 LETTER OF AUTHORITY FROM ESTABLISHED PRODUCER OF THE MATERIAL

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 Tender Notice No. NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018 1. We ................................ an established and reputed …………(material) producer of ……………… (place) do

hereby authorise M/s.........................(Name and address of tenderer) to make an offer in response to this invitation to tender.

2. No Company / Firm or individual other than M/s.............. is authorised to represent us in regard to this business against this specific tender.

3. In the event, the offer made by M/s.................... being considered by NINL for acceptance both M/s .................. and ourselves shall be jointly and severally responsible for the due and timely performance of the Order.

4. We hereby extend our full guarantee and warranty for the goods offered for supply of Hot Metal Ladle Refractory for Blast Furnace against this Notice Inviting Tender by the above firm.

Yours faithfully (NAME)

for & on behalf of M/s....................... (Signature and Name of the Material Producer with seal)

Note: This letter of authority should be on the Letter-Head of the material Producer and should be signed by a person competent and having the power of attorney to bind the Material Producer.

ANNEXURE-IV TO NIT NO. : NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

DECLARATION REGARDING INDIAN AGENT

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 Tender Notice No………………………. dated…………. for supply of ………………………………………………………

1. With reference to the subject tender, we wish hereby inform you that we have appointed M/s…………….. as our Indian Agent and furnished the commission / remuneration payable to them in the Price Bid (Part-III). The other details are given below:

a. Nature (Individual / Proprietary Firm / Partnership Firm

/ Limited Company)

b. Name (s) of the Proprietor / Partners / Directors c. Registered Address d. Correspondence Address e. Contact Person f. Mobile Nos. g. Phone Nos. h. Fax Nos. i. E-mail IDs J. Web Address k. Extent of authorization (copy of Agreement / MOU in

this regard is enclosed), Services to be rendered by Indian Agent

2. We are aware that the commission / remuneration, if any, payable to the Indian agent, shall be paid by you in India in Indian Rupees and accordingly we have submitted our offer.

Thanking you,

Yours faithfully,

Dated: (Signature and Seal of Tenderer)

ANNEXURE-V TO NIT NO. NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

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/BF-CON-111/NIT-208, DATED 17.07.2018 With reference to your Tender Notice No NIT-208 dated 17.07.2018 for Supply of Hot Metal Ladle Refractory for Blast Furnace, 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.

ANNEXURE-VI TO NIT NO. NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

CHECK LIST TO BE FILLED UP AND SENT ALONG WITH TECHNO -COMMERCIAL BID: PART-II OF YOUR OFFER

Sl. No.

TENDER TERMS AS REQUIRED BY NINL

TO BE CONFIRMED BY PARTY ACCEPTED / NOT ACCEPTED

DEVIATIONS (IF ANY)

1. Name & address of the Tenderer 2. Quantity offered To confirm as per Cl. 3.0 of

Annex-I of NIT

3. Scope of work, Technical Specification, BOQ & Drawing

To confirm as per Annexure II of NIT

4. Delivery schedule To confirm as per Cl.7.0 of Annex-I of NIT

5. Documents for Eligibility To confirm as per Cl.1.3 of Annex-I of NIT

6. Payment terms To confirm as per Cl.8.0 of Annex-I of NIT

7. Earnest Money Deposit To confirm as per Cl.15.0 of Annex-I of NIT

8. Price Basis To confirm as per Cl.6.0 of Annex-I of NIT

9. Price firmness To confirm as per Cl.5.0 of Annex-I of NIT

10. Insurance To confirm as per Cl. 10.0 of Annex-I of NIT

11. Packing and Marking To confirm as per Annex- II of NIT

12. Validity of offer To confirm as per Cl.14.0 of Annex-I of NIT

13. Test cum Guarantee Certificate To confirm as per Cl. 36 of Annex-I of NIT

14. Liquidated damages To confirm as per Cl.24.0 of Annex-I of NIT

15. Negligence, Default & Risk Purchase

To confirm as per Cl.25.0 of Annex-I of NIT

16. Termination To confirm as per Cl.27.0 of Annex-I of NIT

17. Arbitration To confirm as per Cl.35.0 of Annex-I of NIT

18. Force Majeure To confirm as per Cl.23.0 of Annex-I of NIT

19. Security Deposit Bank Guarantee To confirm as per Cl.16.0 of Annex-I of NIT

20. Indian Agent details To confirm as per Cl.11.0 of Annex-I of NIT and Annexure IV of NIT (in case of imports only)

21. Submission of documents To confirm as per Cl.9.0 (iii) of Annex-I of NIT

…………………………….. Signature and Seal of the Tenderer

ANNEXURE-VII TO NIT NO. NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

DECLARATION OF PARTICULARS TO BE FILLED UP AND SUBMITTED ALONG WITH TECHNO-COMMERCIAL BID: PART-II OF OFFER

1. Name and addresses (Registered and Correspondence) of the Tenderer:

a) Name of Contact Person: b) Phone Nos, Fax Nos, Mobile: c) E-mail ids and Web addresses.

2. Quantity offered 3. Name and addresses (Registered and Correspondence) of the Indian

Agent, if any

4. Extent of authorization (extent of service rendered by agent) 5. For imports only a) Number of Pallets required / Qty in each pallet b) Dimensions, Gross and Net weight of each Pallet. c) Number of Pallets required for total quantity offered d) Type and Number of Containers required for total quantity

offered

6. Minimum lead time required for delivery of first lot a) Statutory Registrations: b) Goods & Services Tax No. c) IT/PAN No. d) Industrial/Trade License 7. Country of Origin (In case of imports only) 8. Customs Tariff Number (In case of import only) 9. Load port details (In case of import only) 10. Place of Despatch (For Indigenous offers only) 11. Tenderer's Bank account details 12. Currency quoted a) For Supply

…………………………….. Signature and Seal of the Tenderer

ANNEXURE-VIII TO NIT NO. NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

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 ………………………….

CHECK LIST FOR BANK GUARANTEES Name of the party submitting BG: Party Code: PO No.: Name of the Bank issuing BG: Branch issuing the BG: BG No.: BG Date: BG Value:

1 Is the BG as per the approved format of NINL? Yes / No 2 Is the BG issued by the specified category of Banks (First Class Scheduled bank / Nationalized

Indian bank etc. as specified in the contract)? Yes / No

3 Is the BG executed on stamp paper of adequate value under the relevant state rules? Yes / No 4 Is the stamp paper obtained in the name of the bank issuing the BG? Yes / No 5 Is the date of sale of stamp paper prior to the date of the BG? Yes / No 6 Does the BG refer to the concerned agreement/tender with reference to which the BG is issued? Yes / No 7 Does the BG bear the number, date and seal of the issuing Bank? Yes / No 8 Is the BG signed on all pages? Yes / No 9 Whether the name, designation & code number of the officer/officers signing the BG are

mentioned against the signatures of respective officer/officers? Yes / No

10 Whether the BG validity period is as per the concerned contractual requirement? Yes / No 11 Whether the BG format contains a foot note regarding the details of the controlling office / higher

authority from which confirmation regarding issuance of BG may also be obtained as given below: “Issuance of this bank guarantee may also be got confirmed from our controlling branch / officer / Higher Authority (Name & Address)”

Yes / No

12 BG contains the clause for ‘Enforceability of the same at ‘Bhubaneswar’ and the address for the same is also specified in the BG

Yes / No

13 Enclosed are the Original confirmation letter from the BG enforcing and paying Bank/Branch at Duburi/Jajpur Road / Bhubaneswar.

Yes / No

Note: The BGs may be accepted only when reply to all the above are ‘Yes’ Signature and Seal of the Supplier Date: ………………….

NEELACHAL ISPAT NIGAM LIMITED KALINGA NAGAR INDUSTRIAL COMPLEX,

KALINGA NAGAR, DUBURI - 755026 ODISHA

VOLUME – II

TENDER NOTICE NO.: NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

(To be submitted in separate sealed cover as per the Instructions to Tenderers) Messers: ______________________________________________________________

______________________________________________________________ ______________________________________________________________ ______________________________________________________________

(Signature and seal of the tenderer)

Annexure-IX

NIT NO. : NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

Price Schedule for Hot Metal Ladle Refractory for Blast Furnace (In case of Imported Supplies)

Sl. No.

Price (US$ or foreign currency in figures as well as in words)

1 1.1 Price per set FOB Port of loading named at (9) of Annexure-VII of NIT (material in pallets & bags stuffed into containers)

1.2 Freight (upto Kolkata Seaport)

1.3 Marine Insurance (upto Kolkata Seaport)

1.4 CIF Value (1.1+1.2+1.3)

2 Agent’s Commission (if any) included in 1.1 above

........................................................... Signature and Seal of the Tenderer

P.S. In the Techno commercial bid, the tenderer shall enclose the blank format of price bid. Price bid should contain no caveat conditions. Any other terms and conditions other than the price mentioned in the price bid shall not be taken into consideration.

Annexure-X NIT NO. : NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018

Price Schedule for Hot Metal Ladle Refractory for Blast Furnace (In case of Indigenous Supplies)

Sl. No.

Description Price in figures as well as words (In Rupees)

1 Basic Price per set

2 Packing & Forwarding Charges per set, if any

3 Freight charges per set up to NINL Store at Duburi

4 Insurance charges per set up to NINL Store at Duburi

5 Goods & Services Tax (GST) as applicable

6 Landed Cost of Supply per set

........................................................... Signature and Seal of the Tenderer

P.S. In the Techno commercial bid, the tenderer shall enclose the blank format of price bid. Price bid should contain no caveat conditions. Any other terms and conditions other than the price mentioned in the price bid shall not be taken into consideration.

Annexure-XI

NIT NO. : NINL/CM/AR/BF-CON-111/NIT-208, DATED 17.07.2018 FORMAT FOR

BANK GUARANTEE FOR 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. 3. The BG should be operable at Bhubaneswar /

Duburi/Jajpur Road]

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 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, ………………(name of bank & branch) hereby further agrees that the claims if any, against this Bank Guarantee shall be enforceable at our Branch office at Duburi/Jajpur Road / Bhubaneswar situated at ……………………………………….. (Address of local branch at Duburi/Jajpur Road / Bhubaneswar).

6. 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