Annexure: A-I

COVERING LETTER WHICH MUST BE SUBMITTED BY THE TENDERER

DULY FILLED IN AND SIGNED.

---------------------------------------------------------------------------------------------------------------

Ref: Date:…………………

To,

The HOD (MKTG),

Cement Corporation of India Ltd.,

PO CCI-Tandur- 501 158,

Vikarabad dist. Telengana .

Sub: Limited tender for transportation of clinker by road 5000 MT from Tandur cement

factory to Cherthala of Malabar Cement Ltd, Kerala

Ref: ……………………………

Dear Sir,

With reference to your tender for the above work, We/I hereby submit our/my tender in

two Separate sealed envelope as per instructions in the tender documents. The required marking

as per Clause 2(b) of Part-I indicating reference of tender, has been done on all the envelope.

A. The following documents are enclosed with the bid for transportation of Clinker.

1) One copy each of your terms and conditions in Part-I, II & III duly signed on each page in token of acceptance of the same in its entirely.

2) List of contract/orders/in hand as per Annexure-C. 3) Earnest Money of Rs.50000 for a qty of 5000 MT in the form of RTGS/NEFT

No…………………dated……………..in favour of Cement Corporation of India

Limited, CCI A/C No 62017406489 / State Bank of India, karankote Branch, IFSC

code - SBIN0020446.

4) Details of job handled, clients name, details of job done and performance

Certificate. Certificate whether any office of your Corporation is related to me/us or

not (Annexure-B)

We / I hereby declare that we/I have not been debarred from tendering for

contracts/purchase/sale in any of the departments of Government/Semi Government/Public

Sector Undertakings and Local bodies.

We / I certify that the information given by us/me in the tender documents is correct and

if any stage the same is found to be incorrect, the contract will be liable to the

terminated/rescinded and action may be taken against us/me by the corporation for damages.

We are / I am duly authorized/empowered to sign all the tender documents:-

a) Name of the Tenderer:……………………………………………….

b) Full Postal Address :………………………………………………..

…………………………………………………

………………………………………………….

…………………………………………………..

c) Telegraphic Address:…………………………………………………….

d) Telephone No………..Resi :……………………..Off:………………..

Fax : …………………………………………..

e) Cell / Mobile No. ………………………………………….

f) E-mail No. ………………………………………….

Yours faithfully,

Witness (Name & address) (Signature of the Tenderer)

With Seal.

1.

2.

CEMENT CORPORATION OF INDIA LIMITED

Part – I : Instructions to Tenderers:

1. GENERAL (a)The tender should be addressed to the officer who has invited the tenders.

b) Any offer made in response to this tender, when accepted by the Cement Corporation

of India Limited will constitute a contract between the parties.

2. SUBMISSION OF TENDER:

a) Every tender shall be made out in English. All amounts shall be indicated by tenderer in

figures as well as in words, when there is any difference between prices quoted in figures

and words, lower of the two shall prevail. Tender should be free from over writings. All

corrections and alterations should be duly attested by the tenderer. .

b) Tender is to be deposited in the tender box kept for this purpose in the office of CCI so as

to be available within the due date and time fixed, in a sealed envelope in the manner

prescribed below.

.Offer for ………………………………………

a) CCI’s Tender No. ……………………………..

b) Date of Opening of tender …………………………………………..

iv) In the event of the tender being submitted by a firm, it must be signed separately by

each partner thereof. In the event of the absence of any partner, it must be signed on

his behalf by a partner holding power of attorney authorizing to do so.

v) In the case of company, the tender should be signed in the manner as laid down in

the said Company’s Article of Association.

vi) A true copy of the partnership deed (and Articles and Memorandum of Company)

duly attested should be furnished.

vii) A true copy of GST registration certificate shall be enclosed along with tender.

viii) Tenders received after the specified time and date are liable for rejection, on the

sole discretion of the Management of CCI..

c) Tenders not submitted in the prescribed format and not completed in all respects are

likely to be rejected.

d) The tender documents are not transferable. Only those firms can participate in whose

name the tender has been sold.

e) The tender with terms and conditions in Part-I, II and III duly signed on each page shall

be sent along with the Earnest Money Deposit, with a covering letter as prescribed.

Earnest Money Deposit shall not be kept in the PRICE BID, but shall be enclosed with

the Commercial Bid.

f) Tender shall not be entitled to claim any costs, charges, expenses or incidentals for or in

connection with the preparation and submission of their tender) even though the

Corporation may decide to withdraw the `Invitation of Tender` or reject any/all tender(s)

without assigning any reason thereof.

All other terms as above for submission of tenders shall be followed.

3) OPENING OF TENDER:

a) Tenders will be opened on the specified date and time in the office of the Officer inviting

the tender or as directed by him, in the presence of such of those tenderers who may

choose to be present. The representatives will have to establish their identity to the

satisfaction of the Corporation by producing introductory letters from the

firms/Company. Otherwise they may not be allowed to be present at the tender opening.

b) The tenders which are not received in separate covers as explained above and those tenders

down loaded from web site which are not having cost of tender forms are liable for

rejection.

4) CLEAR UNDERSTANDING:

When a tenderer submits his tender in response to this tender document, he will be

deemed to have understood about the requirements, terms and conditions. No extra

payment will be made or any other claim whatsoever entertained on the pretext that the

tenderer did not have a clear idea of any particular point(s).

5) VALIDITY OF OFFER:

Tenders shall remain open for acceptance for 60 days or as may be specified from the

date of opening of commercial bid. No revision/modifications in the tendered rate will

be allowed during the period of original validity of tender or the extended period except

for any increase / revision as may be asked for specifically by CCI during negotiation.

6) AWARD OF CONTRACT:

a) The Corporation reserves the right to accept in its sole and unfettered discretion any tender for whole or part quantities/part work or to reject any or all tenders without

assigning any reasons there of and without, entitling the tender to any claims whatsoever.

b) The Corporation does not bind itself to accept the highest or any tender to assign any reason for non-acceptance of the same.

c) The Corporation shall mean and include the administrative and executive officers of its Corporate Office at New Delhi as well as of factories/projects as the case may be who are

identified to deal with matter relating to this contract on its behalf.

CEMENT CORPORATION OF INDIA LIMITED

Part – II

General Term & Conditions:

1.0 EARNEST MONEY DEPOSIT: For this tender Rs.50000/- (Rupees Fifty thousand only).

1.1 All tenderers including those registered with the Corporation should furnish earnest

money, as specified, by way of RTGS a/c No.62017406489 IFSC SBIN0020446 in favour

of Cement Corporation of India Limited, payable at State Bank of India, Karankote

Branch Code No. 20446 or Bank Guarantee from any Scheduled Bank for the equivalent

amount as per CCI’s Format. Tenders received without the Earnest Money Deposit, as

specified in the tender, will be liable for rejection. Any other money held by or pending

with the Corporation against any other contracts will not be generally adjusted/treated

as EMD for this tender.

1.2 Earnest Money will be forfeited if the rates are revised or modified upward during the

validity period or extended period. Earnest money will also be forfeited if the Security

Deposit is not furnished or work not started after acceptance of the tenderer`s offer by

CCI.

1.3 The Earnest Money Deposit will not bear any interest.

1.4 The Earnest Money Deposit of successful tenderers would be adjusted towards the

security deposit and that of others will be refunded, except in the cases mentioned in

1.2 above, and mentioned in clause 2.1 below.

2.0 SECURITY DEPOSIT: Security deposit will be refunded after six months from the successful

completion of the order.

2.1 If work is not started after acceptance of tenderer’s offer EMD / SD will be forfeited.

2.2. In the event of any approved upward revision in the value of the contract, the

successful tenderer will on

receiving intimation from the Corporation, make further deposit as specified by the

Corporation towards

increased value of the contract.

2.3 The Security deposit will not bear any interest, The Corporation reserves the right to

adjust Security deposit towards any amount due to it from the successful tenderer

against this contract or against any other contract with this Corporation and in such an

event the successful tenderer on receipt of notice from the Corporation shall make

further deposit to restore the Security deposit to the full amount.

2.4 The Security deposit shall be liable to be forfeited wholly or partly at the sole discretion of

the Corporation, should the successful tenderer either fail to complete the jobs

assigned

to him/them as per agreed time schedule or fulfill his/their contractual obligations or

to settle in full his/their dues to the Corporation.

2.5 The Corporation is empowered to deduct from the Security Deposit or any other

outstanding amount any sum that may be fixed by the Corporation as being the amount

of loss or losses or damages suffered by it due to delay in performance or non-

performance of any of the tender/contract. The Corporation will, however, not be bound

to prove any demonstrable loss or damage suffered.

2.6 The Corporation shall have a lien over any money that may become due and payable to the

Contractor under this contract or any other contract or transaction of any other nature

either all alone or jointly with others and unless the contractor pays and clears the claim

of the Corporation immediately on demand, the Corporation shall be entitled at all times

to deduct the said sum due from the contractor from any money/security deposit with

which may have become payable to the contractor or may become due at any future

date under this contract or any other contract transaction whatsoever between the

contractor and the Corporation without prejudice and in addition to the other rights of

the Corporation to recover the amount of any such claim by other remedies legally

available.

3.0 MEMBER OF THE CORPORATION NOT INDIVIDUALLY LIABLE;

No Director or official or employee of the Corporation shall in any way be personally

bound or liable for acts or obligations of the Corporation under the contract or

answerable for any default or omission in observance or performance of any of the acts,

matters or things which are herein contained.

4.0 CORPORATION NOT BOUND BY PERSONAL REPRESENTATION;

The Contractor shall not be entitled to any increase in the rates or any other right or claim

whatsoever by reason of any representation, explanation or statement or alleged

representation, promise or assurance given or alleged to have been given to him by any

employee of the Corporation.

5.0 NON-PERFORMANCE OF CONTRACT / CANCELLATION OF CONTRACT / RIGHT OF THE

CORPORATION:

5.1 The Corporation reserves the right to cancel the contract if the contractor fails to carry

out the jobs assigned to him as per contract and as per the instruction given by

authorized representative of the Corporation. In addition, Corporation may also take

any other remedial measures in such as event as described hereunder.

5.2 Any bribe, commission, gift or advantage given, promised or offered by or on behalf of

the tenderers, their partners, agents or servants to any officer, servant or

representative of the Corporation for obtaining or for execution of this or any other

contract or for receiving payments under the contract shall, in addition to the criminal

liability he may incur, will subject the tenderer to cancellation of this or any other

contracts and also to payment or any loss resulting entitled to deduct the amount so

payable from any money otherwise due to the tenderer under this or any other

contract, any question or dispute as to whether the tenderers have incurred any liability

under the clause shall be settled by the Corporation in such manner and on such

evidence or information as it may deem fit and sufficient and the Corporation decision

in this regard shall be final and conclusive.

5.3 In case of any compelling circumstances or for any other reasons and in the opinion of

the Corporation, the contract needs to be determined and terminated at any stage

during the execution, the Corporation shall be entitled to do so, giving one month’s

notice in writing. In such an eventuality, no compensation, whatsoever, for any

arrangement is made by the contractor or for any liabilities incurred by him or any

consequential loss will be payable by the Corporation except the payment for work

actually done at contracted rates, after making good all dues recoveries, L.D. if any etc.

CCI also reserves its right to suspend the contract for any compelling reasons if in the

opinion of the Corporation it is so required. In such an eventuality, the time or

completion will be extended to the extent of suspension period but no claim

whatsoever for any damages, increase in rates, idle wages, machinery etc., will be

payable to the contractor.

5.4 The Corporation also reserves the right to get the job done by other source from the

open market by tender or by any other mode at the risk and cost of supplier in respect

of such quantities that the contractor fails to deliver in accordance with the schedule of

delivery agreed to, after giving due notice to the contractor.

6.0 SUB-LETTING OF CONTRACT:

The Contractor shall not sub-let or assign this contract or any part thereof without

obtaining, prior written permission of the Corporation. In the event of the Contractors

Sub-letting or assigning the contract or any part there of without such permission, the

Corporation shall have the right to rescind the contract and the Contractor shall be

liable to the Corporation for any loss or damage which the Corporation may sustain in

consequence or arising out of such cancellation, Even in case sub-letting is permitted by

the Corporation, the party to whom sub-letting is proposed, will be subject to approval

of the corporation. However, the Corporation will not recognize any contractual

obligations with the persons or party to whom the contract has been sub-let including

compensation under workmen’s compensation Act and the contractor will be held

responsible for the satisfactory due and proper fulfillment of the contract.

6.1 The contractor observe all the rules/regulations of the Central and State Govt. and the

local authorities as relating to transportation of material by road and shall pay all taxes

(road taxes, passenger, goods tax etc.) as levied by the authorities, if any breach of the

said rules/regulations/orders committed by him, he shall be solely responsible for the

same.

6.2 All persons employed by the contractor including the drivers and cleaners of the trucks

tailors, machinery operators etc., shall be instructed by the contractor to observe

strictly all the road safety regulations prescribed, either generally or by CCI whiest they

are in the premises of the factory of the colony or on road and if any person commits

breach of any of the regulations, it shall be open to the Corporation to disqualify that

person from entering the premises of the factory or e colony. The contractor shall be

bound to comply with such instruction forthwith.

6.3 The contractor shall abide by the contract labour (Regulation and abolition) Act, 1970.

6.4 If any damage is caused to any property or any injury is caused to or the death occurs of

any person in the premises of the factory or the colony or any where also due to any act

or any person employed by the contractor or through his machinery or activities, the

contractor will be liable for damage/compensation is respect thereof and shall

indemnify the Corporation and keep the Corporation indemnified against all loses,

damages, costs, charges, expenses and all liability of whatsoever nature and kind which

the Corporation may incur, sustain, suffer or be put to in consequence or by any reason

of such damage, injury or loss of life.

6.5 If any damages are caused to any of the contractors Vehicle / belongings / equipment /

machinery / materials / establishments etc. or any injury is caused to or death occurs of

any person employed by him in connection with the performance of this contract, due

to negligence of any person employed by him or otherwise, the Corporation shall not be

liable for damages or compensation in respect thereof under the workmen’s

Compensation Act or otherwise.

7.0 CHANGES IN CONSTITUTION:

7.1 Where the contractor is a partnership firm, a new partner shall not be introduced in the

firm except with the previous consent in writing of the Corporation which may be

granted only upon furnishing of a written undertaking by the partner to perform the

contract and accept all liabilities incurred by the firm under the contract prior to the

date of such undertaking.

7.2 On the death or retirement of any partner of the contractor’s firm before complete

execution and performance of the contract, the Corporation, may, at its option,,rescind

the contract and in such case the contractor shall have no claim, whatsoever, to

compensation of any kind, consequential loss etc., against the Corporation.

7.3 Without prejudice to any of the rights or remedies under this contract, if the contractor

is a proprietorship concern and the proprietor dies during the subsistence of the

contract, the Corporation shall have the option to terminate the contract without

paying compensation of any kind consequential loss etc., to any claimant i.e., legal

heirs and successors.

8.0 FORCE MAJEURE CONDITIONS:

8.1 If at any time during the continuance of the agreement/contract it becomes impossible

by reasons of war, or war like operations, strikes, lock-outs, riots, civil commotion,

epidemical sickness, pestilence, earthquake, fire, storm, or floods, the contractor shall,

during the continuance of such contingencies not be bound to execute the contract

during this period as per agreement/contract time schedule. The work shall be

resumed immediately the contingency (ies) gas/have ceased or otherwise determined

and Contractor’s obligations shall continue to be inforce for correspondingly extended

period after the resumption of execution. The contractor shall however, inform the

Corporation by registered post about such acts at the beginning and end of the above

causes of delay within ten days of occurrence and cessation of such force majeure

conditions.

8.2 In the event of delay in performance of Corporation work if arising out of causes of

force majeure. The Corporation reserves the right to cancel the order/contract without

any compensation, whatsoever, and/or any consequential loss etc.

8.3 Only events of force majeure which effect the work at the time of its occurrence shall

be taken into cognizance. The Corporation shall not be liable to pay any extra costs or

increased rates due to delay under force majeure conditions. Only appropriate

extension of time will be granted.

8.4 Liquidated damages

a) If the contractor fails to carry out the job during the pendency of the contract period

, Corporation at its description entitle to take any alternative action at the risk and

cost of the Contractor.

9.0 NOTICE :

Any notice hereunder may be served on the contractor by registered post/mail at his

last known address. Proof of issue of any such notice at this address shall be conclusive

proof of having received the notice by the contractor.

10.0 DISPUTE UNDER THIS CONTRACT AND ARBITRATION:

10.1 In the event of any question/dispute, breach of or difference arising in respect of the

meaning and scope of terms and conditions herein or in connection with any matter

under this agreement (except for those matter which are to be decided as per

provisions made in these terms and conditions) the same shall be referred to the sole

arbitration by an officer of the Cement Corporation of India Limited, New Delhi

appointed by its C&MD . There will be no objection if the arbitrator is an employee of

the Corporation and he had at anytime in discharge of his duties as an employee of the

Corporation has expressed views on all or any of the matters in dispute or difference. In

case the employee of the Corporation who has been so appointed as an Arbitrator

ceases to be in the employment of the Corporation because of his super annuation or

otherwise in any manner, shall no longer remain as an Arbitrator from that day and

C&MD of the Corporation shall appoint another employee of the Corporation as sole

arbitrator in his place who shall proceed in the matters from the stage where the

previous arbitrator had left the proceedings. Except where the award is an arbitral

award on agreement terms under section 30 of the Arbitration and Conciliation

Ordinance, 1996, the arbitrator shall give award with reasons in respect of each claim,

dispute or a difference referred to him. The award of the arbitrator shall be final and

okay and binding on the parties to this contract and persons claiming under them

respectively.

10.2 Subject to aforesaid the Arbitration and Conciliation Ordinance, 1996 and the rules

made there under and any statutory modifications thereof for the time being in force

shall apply to the arbitration proceedings under this clause.

10.3 The work under the contract shall be continued uninterrupted during the pendency of

the arbitration proceedings and no payment due from one to the other parties therein

shall be with held on account of pendency of such proceedings unless such payment

related to the matter under arbitration.

10.4 The venue of the arbitration shall be New Delhi or such other place as the arbitral

tribunal at his discretion may determine.

11.0 JURISDICTION:

It is hereby agreed by the parties here to that only Courts Tandur/Hyderabad shall have

jurisdiction to decide or adjudicate upon any dispute, which may arise out of or be in

connection with this agreement.

12.0 LAWS GOVERING THE CONTRACT:

This contract shall be governed by the laws of Union of India in force.

13.0 WAIVER NOT TO IMPAIR THE RIGHT OF THE CORPORATION;

Any delay in exercising or omission to exercise any right power or remedy accruing to

the Corporation upon any default under this contract shall not impair any such right,

power or remedy or shall be construed to be an inaction of the Corporation in respect

of any such default or any acquiensence by the Corporation effect or impair any right,

power of remedy of the Corporation under this contract.

14.0 CONDITIONS GIVEN BY THE TENDERERS:

With the acceptance of the terms and conditions described in this tender, any terms and

conditions given by the tenderers contrary to those conditions shall be treated as

withdrawn by the tenderer(s).

15.0. In the event of negotiations, only downward revision of rates will be allowed. Any

change in techno- commercial terms as agreed earlier, will not be permitted at this

stage. Hence any qualifying remarks in the price bid or revised/ negotiated offer will not

be entertained.

15.1.1. The IGST/CGST/SGST, if applicable, will be paid on the cost of the finished

goods being supplied, as per the rate (%) prevailing at the time of

scheduled delivery period, subject to the supplier claiming the same as a

separate item on their bill.

15.1.2. The supplier shall furnish the following certificate on the body of the bill

towards claiming the aforesaid amount for IGST/CGST/SGST.

16.0. In the event of disinvestments of the Corporation the contract will automatically

terminated from the date of disinvestment made

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CEMENT CORPORATION OF INDIA LIMITED

TANDUR CEMENT FACTORY

Annexure-B

NO RELATION CERTIFICATE

I declare that the following officers of the Corporation are related to me/no officer of

the Corporation is related to me.

Sl

No.

Name of officer Post Held Place of Post

Place: Signature of the

tenderer

Date: Name & Address with

Seal

CEMENT CORPORATION OF INDIA LIMITED

TANDUR CEMENT FACTORY

Annexure-C

PRESENT CONTRACTS/JOBS IN HAND

Name of the firm:

Sl

NO.

Name of client Nature of work Tonnage

/ Qty

Approx.

Value of

Contract

Date

of

Start

Stipulated

Date of

Completio

n

Note : Please attach photocopies of

contracts.

Signature with seal

Place: Name

Date: Designation

CEMENT CORPORATION OF INDIA LIMITED

TANDUR CEMENT FACTORY

ANNEXURE - D

FORMAT FOR ADDL. INFORAMATION TO BE FURNISHED BY THE TENDERERS

(Refer Spl. Instructions Part-III SPECIAL TERMS & CONDITIONS)

1. Name of the firm :

2. Complete postal address/Gram/Tlx/Phone etc. :

a) Head Office / Corporate office :

b) Factory :

c) Other branches (incl. Delhi office, if any) :

3. Whether Public Sector / Private Sector / Joint Sector etc. :

4. Type of Organisation : Proprietory / Partnership /

Limited / Any other

A. In case of Proprietors/Partnership

i) Name of the Proprietor / Partner :

ii) Whether business / partnership is registered :

iii) Date of commencement of business :

iv) Status of Income tax Assessment(Please attach copy

of valid income tax clearance Certificate)

:

i) Name & address of the bankers

(Please attach reference letter from your Banker)

:

B. In case of limited liability company or company

limited by guarantee

i) Amount of paid-up capital :

ii) Name of Directors :

iii) Date of registration of company :

iv) Copies of last three years audited balance sheets of

the company(including profit & loss statement) to be

enclosed

:

v) Name & address of the Bankers

(Please attach reference letter from your Banker

:

5. Date of commencement of production :

6. Annual Turnover for last 3 years of the category

/item for which tender is being submitted

: Amount Rupees in

lakhs________

7. List of plant & Machinery installed (details to be furnished

as per Annexure-D1)

:

8. Details of orders executed / completed

including CCI's, if any, during last 3 years (details to be

furnished as per Annexure-D3) (Photocopies of

orders/contracts along with performance certificates from

buyers to be enclosed).

:

9. Present Orders in hand (details to be furnished as per

Annexure- C) (Photocopies of orders/contracts to be

attached)

:

10. Details foreign collaboration, if any.

(Please attach photo copies of collaboration agreement if

it is there).

:

11. FINANCIAL: :

a) Investment of fixed assets of building,

fitting & fixtures.

:

b) Investment on plant & Machinery tools and tackles

etc.

:

12 Testing facilities

i Is your firm authorized to use ISI certification

mark(give authority reference with copies)

:

ii Are these testing facilities adequate in line with ISI :

iii What are the test facilities( Test equipments

Annexure- D 2)

:

13 Are you on the approved list with any of the

following supply of items quoted

--- Any public sector undertakings. :

--- Cement plants :

--- Other reputed agency

(Enclose photocopies of registration certificate)

:

14. LIST OF ENCLOSURES ATTACHED BY VENDORS TO BE

INDICATED :

Enclosed Not Enclosed

a) Copy of Latest Income tax return & PAN card :

b) Partnership Deed / MOA, if applicable :

c) Copies of last three years audited balance sheets with

profit & loss accounts

:

d) List of trucks owned/hired with documentary

evidence.

:

e) Photo copies of performance Reports from the

customers

:

f) Details of present orders in hand

(as per Annexure-C)

:

g) Photo copy of foreign collaboration, if applicable :

h) Reference from bankers indicating financial status of

the company

:

It is hereby solemnly declared that the above information and the date furnished in the enclosed

Annexure is true to the best of our knowledge.

Signature of the tenderer

Name of the signatory

Place: Designation

Date: Seal of the company

14

CEMENT CORPORATION OF INDIA LIMITED

TANDUR CEMENT FACTORY

Annexure-D3

DETAILS OF ORDERS EXECUTED INCLUDINGCCI DURING THE LAST THREE YEARS

Name of the firm:

Type of Items

(give details)

Name of the party

to whom supplied

Value Date of

order

Delivery

date

Date of actual

completion

Signature

Place: Name

Date: Designation

15

Cement Corporation of India Limited

Tandur Cement Factory

LIST OF TRUCKS OWNED

Sl. List of trucks Size/ Make Year of General

No. owned with Regn. No. capacity. Mfr. Condition.

Signature of the tenderer

(Name and address with seal )

NOTE: Information should be submitted duly certified by Regional Transport Authority and

Certificates without attestation of RTA will not be considered.

---------------------------------------------

16

Cement Corporation of India Limited ANNEXURE – II

PROFORMA OF BANK GUARANTEE IN LIEU OF

SECURITY DEPOSIT FOR SATISFACTORY COMPLETION OF CONTRACT

Letter of Guarantee No……………………………………….

In consideration of Cement Corporation of India Limited, Tandur Cement Factory, Village

Karankote, PO CCI Tandur Dist. Vikarabad, Telangana – 501158 (hereinafter called the

Corporation) having agreed to exempt (M/s._________________(hereinafter called the

supplier/Contractor) from the demand, underthe terms and conditions of purchase

order/contract No.________dated_________for_____________ (hereinafter called the

purchase order/contract) of Security deposit for the due fulfillment by the said

supplier/contractor of the terms and conditions contained in the purchase order/contract on

production of Bank Guarantee for Rs.___________(Rupees_______________________only) We

________________________________(Bank) do hereby under take to pay to; the Corporation

an amount not exceeding Rs. ___________(Rupees______________________only) against any

loss or damage caused to or suffered or would be caused to or suffered by the Corporation by

reason of any breach by the Supplier/Contractor of any of the terms and conditions contained in

the purchase order/contract.

We______________________________________(Bank) do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from

the Corporation stating that the amount claimed is due by way of loss or damage caused to or

would be caused to or suffered by the Corporation by reason of any breach by the said

supplier/contractor of any of the terms or conditions contained in the said Purchase

Order/Contract. Any such demand made on the Bank shall be conclusive as regard the amound

due and payable by the Bank under this guarantee. However, our liability under this guarantee

shall be restricted to an amount not exceeding Rs.__________________.

We_____________________________________(Bank) further agree that the guarantee

herein contained shall remain in full force and effect during the period that would be taken for

the performance of the purchase order/contract and that it shall continue to be enforceable till

all the dues of the Corporation under or by virtue of the purchase order/contract have been

fully paid and its claims satisfied or discharged or till the Chairman-Cum-Managing Director of

the Corporation certified in writing that the terms and conditions of the purchase

order/contract have been fully and property carried out by the Supplier/Contractor.

We ______________________________________________(Bank) further agree with

the Corporation that the Corporation shall have the fullest liberty without or consent and

without effecting in any manner our obligations hereunder to vary any of the terms and

condition of the Purchase Order/Contract or to extend time of performance of the

supplier/contractor from time to time or to postpone for any time or from time to time any of

the powers exerciseable by the Corporation against the Supplier/Contractor and to forbear or

enforce any of the terms and conditions relating to the Purchase order/contract and we shall

not be relived from our liability by reasons of any such variation or extension being granted to

17

the Supplier/contractor or for any forbearance, act or omission on the part of the corporation

or any indulgence by the Corporation toe the Supplier/contractor or by any such matter or

thing whatsoever which under the law relating to the sureties would but for this provision have

effect of so relieving us.

Our guarantee shall remain in force

until____________________________________________________ from the date hereof.

Unless a demand or claim under this guarantee is made on us in writing with (6) six months from

the date ie., on or before ________________________________________we shall be

discharged from all liability under this guarantee thereafter.

We________________________________(Bank) last undertake not to revoke this

guarantee during its currency except with the previous consent of the Corporation in writing.

Date: For………………………………………………………..

18

ANNEXURE-V

CEMENT CORPORATION OF INDIA LIMITED

Part – III

Special terms & conditions of tender for transportation works.

IN ADDITION TO THE GENERAL TERMS & CONDITIONS OF THE TENDER UNDER PART-I, II, THE

FOLLOWING SPECIAL TERMS & CONDITIONS WILL ALSO APPLY TO THE CONTRACT. SPECIAL

CONDITIONS, IF CONTRADICTORY TO ANY CONDITIONS GIVEN IN PART-I,II, SHALL PREVAIL

UPON SUCH CONDITIONS:

In case of the due date of sale / submission / opening of tender falling on

Government holiday(s), the succeeding working day / date will be treated as

due day / date automatically. However, the time will remain unchanged.

1.0 SCOPE OF WORK: Transportation of 5000 MT Clinker from CCI Tandur to Malabar Cement

Grinding unit, Cherthala, district Alappuzha , Kerala, distance 1140 km from Tandur

Cement Factory, distt. Vikarabad, Telangana

1.1. The contractor shall undertake to transport clinker as per instructions and delivery

program given by the concerned authority of the unit from time to time.

1.2. The contractor shall promptly provide adequate number of trucks to effect delivery of

clinker.

1.3. The loading material/goods into transporter’s trucks will be arranged by the Corporation.

1.4. The contractor shall unload the material at destination, if required and unloading rate

per MT should be quoted separately in the Price bid form.

1.5. The contractor shall prepare, after receipt of material./goods from the Corporation, a

delivery receipt in quadruplicate in respect of each consignment. One copy of such

receipt, after having been signed by the contractor or his authorized agent shall be given

to the Corporation at the time of taking delivery. The contractor shall obtain the

signature of the stockists/stores/consignees on the remaining three delivery receipt in

token of having delivered the consignment and leave a copy thereof with the

stockist/stores/consignee. Of the remaining two copies of delivery receipt one shall be

returned to the consigner and the other one shall be retained by the contractor. In case

of supply to Government Departments and other Rate Contract Parties, the Contractor

shall obtain Consignee Receipt Certificate in addition to delivery receipt as above.

19

1.6. The contractor shall ensure that the material is delivered at the destination/godowns of

the M/s Malabar Cement Pvt. Ltd, Cherthala during working hours notified by

competent authority or in the absence of the same, during day time (normal work hours).

1.7. The delivery of material shall be made to the authorized consignee/consignee’s

authorized representative. The transporter will be responsible for any wrong delivery

and shall have to redeliver/retransport immediately to the right place and person

without any extra charges to CCI and to make good any loss arising there from, as soon as

such incidence comes to/brought to his notice.

1.8. No transshipment should be done en-route.

1.9. Transporter may be required to deliver part quantity of clinker at more than one

destination within municipal limits of the particular destination.

1.10. Loading shall be as per RTO passing of trucks. Loading of clinker in trucks as per carrying

capacity only and no overloading will be allowed.

1.11. Safety clause – you shall comply with all safety measures as mentioned below:-

a) You shall undertake and instruct your drivers to participate in all the training

programs conducted from time to time and follow the rules and regulations inside

the factory premises informed from time to time.

b) Bulkers driver is only allowed inside the plant premises.

c) Follow road traffic rules in plant premises.

d) Maintain a speed limit of 10 KMPH inside the plant premises.

e) Position the truck in earmarked area only at the loading point.

f) Driver should be careful while loading of truck and should not take rest under the

truck.

g) Avoid mobile phones while driving vehicle / inside plant premises.

h) Driver should have valid license to drive which shall be checked at security.

i) Driver shall never be permitted into plant in alcoholic condition.

j) Drivers should never sleep on top of the truck’s cabin.

k) Never cover the tarpaulins / stop the truck under power lines especially under HT

Power lines.

l) Never throw waste materials like carry bags, supari / gutka packets etc, here & there

throw them in dust bins.

m) Never take alcohols inside the plant.

n) No crew member under 18 years age shall be allowed inside the plant or anywhere

around.

o) Reverse horn is must.

p) Proper lighting systems in front and back is must.

20

1.12. EMS Requirement : You shall ensure to adhere the following Environmental Management

system requirements.

a) Certificate of registration is made available with driver.

b) Driver should possess the original valid driving license.

c) PPE ( Personal Protective Equipment) is mandatory to the truck crew while entry into the

plant including safety seat belt to the driver as per CSI guidelines & Group guidelines.

d) PUC (Pollution under control ) certificate should be available in vehicle.

e) Truck / Tanker should have backing horns.

f) Fire Extinguisher is to be provided in Driver’s Cabin of a Truck/ Tanker.

2.0 QUANTITY : 5000 MT The work shall be allocated to the L-1 bidder fully i.e. 100%.

2.1 The quantity as required by CCI shall be transported to/from various places is indicated in

the Rate Bid Proforma attached.

2.2 The total quantity given is indicative and the Corporation reserves the right to make any

variations to + / - depending the actual requirement during the period of contract. The

contractor shall not be entitled to any claim or compensation whatsoever, on this

account.

2.3 The Corporation reserves its right to transport material in the trucks owned/hired by CCI,

if deemed necessary or to arrange other means of transport in case of contractor’s

failure at its discretion. The Corporation reserves its right to claim compensation for

losses suffered if any in this connection.

3.0 RATES:

3.1 The rates quoted shall remain firm during the contract period from the date of award of

work except for diesel price increases/decreases. In the event of price variation of diesel.

In case of variation of every 10 paise per litre in the cost of diesel after the date of award

of work , 0.33 paise per km per MT shall only be allowed/recovered as variation in

transport rate as escalation/de-escalation on fortnightly wt. average rate basis.

3.2 Rates should be quoted in Rs. Per MT . Quoting rates in other format is not acceptable.

The road map of Survey of India/Google Maps, would be considered for determining the

distances.

3.3 Unloading of clinker has to be done by the transporter if required. Unloading charges

to be quoted in per MT although they shall not be included in determining L1 party .

Lowest Unloading offered by any bidder shall have to be acceptable to L1 bidder and

any other bidder who accepts part order by matching L1 party transportation rates.

21

3.4 In case of non-performance by any of the transporter, the corporation reserve the right

to allocate the quantity to other transporter

3.5 No detention or statistical charges shall be paid by the Corporation.

4.0 SECURITY DEPOSIT:

4.1. Successful tenderers should furnish Security Deposit of @ 5% of total order/ contract

value subject to maximum of Rs 3.00 lacs towards satisfactory completion of work order.

4.2 In case of award of work order the Security Deposit shall be obtained by way RTGS a/c

No.62017406489 IFSC SBIN0020446 from the party.

5.0 PENALTY :

5.1 The transporter’s shall ensure delivery of the material entrusted to him for transportation

to the consignee in right quantity and as per the conditions and quality handed over to him

and shall be wholly responsible for any damage, deterioration & shortage due to any reasons

whatsoever.

5.2 The transporter’s shall take all due precautions for proper protection and safety of the

material entrusted to him. In case of perishable items or items otherwise needing

protection, he shall provide suitable covers properly fixed around the material, at his own

cost.

5.3 The recovery for any damage, deterioration or shortage shall be made at the prevailing

market rates or invoice value whichever is higher including taxes and duties plus 10% extra

towards incidental charges.

5.4 In case the shortage in delivery or non-delivery of the material handed over for

transportation found to be due to any malafide intention on the party of the contractor

or his representatives, the recovery shall be at double the rates indicated in sub para 5.3.

However tolerance of upto +/-1% to be allowed as difference between CCI and M/s

Malabar Cement /any weigh bridge directed by M/s Malabar Cement readings. Any

higher variation to attract deduction from transporter. This recovery shall be without

prejudice to any other remedies available to the Corporation under law.

22

5.5 The decision of the Corporation in assessing damage/loss shall be final and binding on the

contractor. The Corporation will, however, not be bound to prove that it has suffered

the loss to the extent of penalty levied.

5.6 The contractor shall ensure that the material is delivered within a maximum period of

three days from the date of loading/taking delivery. For distances beyond 750 Kms.

Number of day for delivery will be calculated @ 250 Kms of distance covered per day. In

case of any delay, penalty @ Rs. 500/- per day will be payable by the contractor.

However, declared holidays are not to be taken into account for calculating delay.

5.7 . Trucks are to be placed for loading within a maximum period of 24 hours from receipt of

instructions from the concerned department either on phone or in writing, failing which CCI

reserves the right to levy a further penalty of Rs. 500/- per day per truck per day for non-

placement of trucks.

5.8 .If any material is caught unauthorized and illegal unloading of cement trucks in local or

route between destination, five times value of cement will be recovered from defaulter /

transporter’s running bills or Security Deposit. Further strict action will be taken against

defaulter.

5.9 Penalty for back- loading / off- loading shall be twice the Invoice value.

5.10 We reserve the right to revise the recovery value towards penalty of shortages and

damages or non delivery which shall be intimated or as decided by the Company.

5.11 While you shall place trucks as per our delivery plan to the locations mentioned. We

reserve to add the location(s).

5.12 If the allotted order quantity is lying pending due to slow deployment of trucks the

balance quantity will be diverted to the other transporters and if any transporter fail to

dispatch the quantity within time as per order quantity advice, the quantity will be shifted to

other transporters at their risk and cost.

6.0 ENTRY TAX/OCTROI:

The contractor shall be responsible to obtain octroi exemption for which necessary

declaration shall be furnished by CCI or its authorized agent. However, where octroi exemption

is not granted as a rules, the payment of octroi shall be done by the contractor. The

reimbursement of the same to the contractor shall be done by the Corporation to the extent it is

permissible after verifying that octroi has actually been paid on production of documentary

proof. Similarly, Entry Tax paid if any, will be reimbursed by CCI on production of documentary

evidence.

7.0 TURNOVER :

23

7.1 The Transporter must have had a minimum turnover of Rs. 50.00 lacs per annum for each

year for the last three years.

8.0 EXPERIENCE :

8.1 The tenderer should have adequate experience in the related field and should furnish

supporting documents giving details similar jobs executed during last three years.

9.0 REGISTRATION WITH INDIAN BANKERS ASSOCIATION:

9.1 The transporter shall indicate the Reg. No. if they are bank approved and furnish a copy

of Regn. Certificate.

10.0 NO. OF TRUCKS OWNED :

10.1. The transporter should own/hired minimum 5 numbers of trucks and furnish

documentary evidence in support of the same. (As per annexure D I) . Preference at plant

shall be given for GPRS fitted trucks.

11.0 ADDRESS :

11.01 Tenderers should submit List with complete address of Regional/Branch/Local

Offices, booking offices, godowns etc. (with telephone/telex Nos.) may be given.

12.0 SUBMISSION OF BILLS :

12.1 The contractor shall submit weekly bills, complete in all respects supported by copies of

the lorry and delivery receipt by Malabar Cement Ltd. for payment of bills by the unit.

However, 75% Payment shall be released against receipt of mail from M/S Malabar

Cement Ltd. confirming receipt of material through their official mail ID. Balance

payment to be release within a week of receipt of bill complete in all respect. The

payment of contractor shall be subject to such deduction as may be applicable under the

rules of laws for the time being in force prescribed by any local, state or central

government.

12.2 Payment of the bills submitted on weekly basis will be made by cheque/RTGS/ only by

the concerned unit Paying Authority ie., H.O.D.(Fin) – Tandur Cement Factory. The bank

charges will be deducted from payment.

12.3 No bill will be entertained unless the transporter submits acknowledgement for material

delivered along with weight bridge slips, signed by the M/s Malabar Cement Ltd. as the

case may be in respect of each and every consignment, duly indicating the G.P. No. Truck

No., date of delivery and certifying that the material has been received in good condition

and in full quantity.

24

12.4 Income Tax will be deducted as per Income Tax Act./ Pan number should be furnished

immediately after award of contract.

12.5 TDS GST @2% will be deducted from the bill.

13.DURATION OF CONTRACT :

13.1 The contract shall normally remain in force for a period of six months or till completion of

tendered quantity from the date of acceptance of tender whichever is earlier. However, the

Corporation reserves its right to extend it further for a period of three months on the same

rates, terms & conditions.

13.0 REFUND OF SECURITY DEPOSIT

14.1 Security Deposit of the contractor will be refunded within six months from the date of

satisfactory completion contract.

14.0 SHORT CLOSURE OF CONTRACT

15.1. CCI reserves the right to short close the contract at any stage without assigning any

reason thereof. However, CCI shall give one month notice for the same. No

compensation whatsoever on any account shall be paid by CCI in the event of short

closure of contract.

-------------------------------------------------

25

ANNEXURE-VI- A

CEMENT CORPORATION OF INDIA LIMITED

TANDUR CEMENT FACTORY

TENDER FOR TRANSPORTATION OF 5,000 MT CLINKER FROM CCI TANDUR , distt. Vikarabad.

Telangana TO M/s MALABAR CEMENT LIMITED , CHERTHALA, DISTT. ALAPPUZHA KERALA ON

PER MT BASIS.

PRICE BID DESTINATION (CHERTHALA)

SL

NO DESTINATION

APPROX.

QTY (MT)

RATE RS.PER

MT (IN

FIGURE)

Rate Per MT in words GST%

(a) (b) (c) (d) (e) (f)

1

a.

b.

CHERTHALA

Transportation rates

Unloading charges at

Cherthala

5000

1. The tenderers participating in Price Bid of the transportation tender must quote their

rates for Cherthala Grinding unit of M/s Malabar Cement Ltd. Only.

2. L-1 party shall be decided for destination basis for transportation quotes only .

3. The rates have to be quoted for entire quantity of Cherthala destination.

Date:

Signature of the Tenderer

Name & Address with Seal

26

27

Annexure I

INTEGRITY PACT

Between

Cement Corporation of India Limited (CCI) hereinafter referred to as “The Principal”, and

______________________________________________________hereinafter referred to as “The

Bidder/Contractor”

Preamble:

The Principal intends to award, under laid down organizational procedures, contract/s for

_________________. The Principal value full compliance with all relevant laws of the land,

rules, regulations, economic use of resources and of fairness / transparency in its relations with its

Bidder(s) and / or Contractor(s). In order to achieve these goals, the Principal will appoint an

Independent External Monitor (TEM), who will monitor the tender process and the execution of

the contract for compliance with the principles mentioned above. Section 1 – Commitments of

the Principal.

1) The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:-

a) No employee of the Principal, personally or through family members, will in

connection with the tender for, or the execution of a contract, demand, take a promise for

or accept, for self or third person, any material or immaterial benefit which the person is

not legally entitled to.

b) The Principal will, during the tender process treat all Bidder(s) with equity and

reason. The Principal will in particular, before and during the tender process, provide to

all Bidder(s) the same information and will not provide to any Bidder(s) confidential

additional information through which the Bidder(s) could obtain an advantage in relation

to the tender process or the contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the

Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s) / Contractor(s):

(1) The Bidder(s) Contractor(s) commit himself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in the

tender process and during the contract execution.

a) The Bidder(s) / Contractor(s) will not, directly or through any other person or firm,

offer, promise or give to any of the Principal’s employees involved in the tender process

or the execution of the contract or to any third person any material or other benefit which

28

he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind

whatsoever during the tender process or during the execution of the contract.

b) The Bidder(s) / Contractor(s) will not enter with other Bidders into any

undisclosed agreement or understanding, whether formal or informal. This applies in

particular to prices, specifications, certifications, subsidiary contracts, submission or non-

submission of bids or any other actions to restrict competitiveness or to introduce

cartelization in the bidding process.

c) The Bidder(s) / Contractor(s) will not commit any offence under the relevant

IPC/PC Act, further The Bidder(s) / Contractor(s) will not use improperly; for purpose of

compensation or personal gain, or pass on to others, any information or document

provided by the Principal as part of the business relationship, regarding plans, technical

proposals and business details, including information contained or transmitted

electronically.

d) The Bidder(s) / Contractor(s) of foreign origin shall disclose the name and address

of the Agents/representatives in India, if any. Similarly the Bidder(s) / Contractor(s) of

Indian Nationality shall furnish the name and address of the foreign principals, if any,

Further details as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers”

shall be disclosed by the bidder(s) / Contractor(s). Further, as mentioned in the Guidelines

all the payments made to the Indian agent/representative have to be in ‘Indian Rupees

only.

e) The Bidder(s) / Contractor(s) will, when presenting his bid, disclose any and all

payments he has made, is committed to or intends to make to agents, brokers or any other

intermediaries in connection with the award of the contract.

(2) The Bidder(s) / Contractor(s) will not instigate third persons to commit offences outlined

above or be an accessory too such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts:

(1) If the Bidder(s) / Contractor(s), before award or during execution has committed a

transgression through a violation of Section 2, above or in any other form such as to put his

reliability or credibility in question, the principal is entitled to disqualify the Bidder(s) /

Contractor(s) from the tender process or to terminate the contract, if already signed for such

reason.

(2) If the Bidder(s) / Contractor(s) has committed a serious transgression through a violation

of sector-2 such as to put his reliability or credibility into question, the principal is entitled also to

exclude the Bidder / Contractor from future contract award process. The imposition and duration

of the exclusion will be determined by the severity of the transgression. The severity will be

determined by the circumstances of the case, in particular the number of transgressions, the

position of the transgressors with the company hierarchy of the Bidder and the amount of the

damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

29

(3) If the Bidder(s) / Contractor(s) can prove that he has restored/recouped the damage caused

by him and has installed a suitable corruption prevention system, the Principal may revoke the

exclusion prematurely.

(4) A transgression is considered to have occurred if in light of available evidence no

reasonable doubt is possible.

Section 4 – Compensation for Damages:

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover the damages equivalent to

Earnest Money Deposit/ Bid Security.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal MM

entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand

and recover from the Contractor liquidated damages of the Contract value or the amount

equivalent to Performance Bank Guarantee.

Section 5 – Previous transgression:

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any

other Company in any country conforming to the anti corruption approach, or with any other

Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the

tender process.

Section 6 – Equal treatment of all Bidders / Contractors / Sub-contractors:

(1) The Bidder(s) / Contractor(s) undertake(s) to demand from all sub-contrators the

commitment consistent with this Integrity Pact, and to submit it to the Principal before contract

signing.

(2) The Principal will enter into agreements with identical conditions as this one with all

Bidders and Contractors.

Section 7 – Criminal charges against violating Bidder(s) / Contractor(s)/Sub-contractors:

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Sub-contractor, or of an

employee or a representative or an associate of Bidder, Contractor or Sub-contractor which

constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal

will inform the same to the Chief Vigilance Officer.

Section 8 – Independent External Monitor/Monitors:

30

(1) The Principal has appointed competent and credible Independent External Monitor for this

Pact. The task of the Monitor is to review independently and objectively, whether and to what

extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and

performs his functions neutrally and independently. He reports to the Chairman, CCI.

(3) The Bidder(s) / Contractor(s) accepts that the Monitor has the right to access without

restriction to the tender documentation of the Principal including that provided by the Contractor.

The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,

unrestricted and unconditional access to his project documentation. The same is applicable to

subcontractors. The Monitor is under contractual obligation to treat the information and

documents of the Bidder(s) / Contractor(s) / Subcontractor(s) with confidentiality.

(4) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will

so inform the Management of the Principal and request the Management to discontinue or take

corrective action, or to take other relevant action. The Monitor can in this regard submit non-

binding recommendations. Beyond this, the Monitor has no right to demand from the parties that

they act in a specific manner, refrain from action or tolerate action. However, the independent

External Monitor shall give an opportunity to the Bidder/Contractor to present its case before

making its recommendations to the Principal.

(5) The Monitor will submit a written report to the Chairman, CCI within S to 10 Weeks from

the date of reference or intimation to him by the Principal and, should the occasion arise, submit

proposals for correcting problematic situations.

(6) Monitor shall be entitled to compensation on the same terms as being extended to /

provided to Independent Directors on the CCI Board.

(7) If the Monitor has reported to the Chairman CCI, a substantiated suspicion of an offence

under relevant IPC/PC Act, and the Chairman, CCI has not, within the reasonable time taken

visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the

Monitor may also transmit this information directly to the Central Vigilance Commissioner.

(8) The word ‘Monitor/ would include both singular and plural.

(9) Independent External Monitor shall be required to maintain confidentially of the

information acquired and gathered during their tenure/role as independent Monitor. Any breach

in this regard would be subject to the legal judicial system of India.

(10) Independent External Monitor(s) shall be required to furnish an Undertaking and disclose

before taking any assignment that he/she has no interest in the matter or connected with the party

(Bidder/Contractor) in any manner.

Section 9 – Pact duration:

31

This pact begins when both parties have legally signed it. It expires for the Contractor 12 months

after the last payment under the contract and for all other bidders 6 months after the contract has

been awarded. If any claim is made/lodged during this time, the same shall be binding and

continue to be valid despite the lapse of this pact as specified above, unless if it

discharged/determined by Chairman of CCI.

Section 10 – Other provisions:

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e., New Delhi.

(2) Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of

this agreement remains valid. In this case, the parties will strive to come to an agreement to

their original intentions.

(For and on behalf of the Principal) (For and on behalf of Bidder/Contractor)

(Office Seal) (Office Seal)

Place: ______________

Date : ______________

Witness 1 :

(Name & Address)___________________________

___________________________

___________________________

Witness 2 :

(Name & Address)___________________________

___________________________

___________________________