NEELACHAL ISPAT NIGAM LIMITED Kalinga Nagar Industrial Complex, At/PO-Duburi, District-Jajpur. Phone (06726) 264032, 264030, 264001-08 Telefax (06726) 264032

NOTICE INVITING TENDER (NIT) TENDER NOTICE NO.: NINL/CM/AS/SP/CON/303/NIT-268 DTD: 04.11.16

Due date:- 25.11.16 (For submission of offer)

Sub : Tender for Supply of “ SINTER M/C PALLET GRATE BAR-I (QTY - 500

NOS)& GRATE BAR -II (QTY: 9500 NOS) to Neelachal Ispat Nigam Limited (NINL), Kalinga Nagar Industrial Complex, Duburi, Dist. Jajpur, Odisha. (Indian Manufacturers Only).

1.1. Neelachal Ispat Nigam Ltd (NINL) hereafter referred to as PURCHASER invites firm

bids in sealed envelope duly signed & stamped from eligible reputed bidders for Supply of Sinter m/c pallet Grate bar -I & II as per detailed specification at Annexure-I &II strictly as per the terms & conditions stated bellow. The offer should be sent by Courier I Registered Post I Speed Post so as to reach us by 3.00 P.M. of 25.11.2016 positively. NINL shall not be responsible for postal delay or any other delay whatsoever. The offer may be dropped by hand in Tender Box kept in Commercial Department. Only Indian manufacturers are eligible to participate in the tender. The tenderer is at liberty to be present or authorize a representative to be present at the opening of the tender. Late / Delayed tenders shall not be considered.

. The tender documents need to be submitted in three part bid in following manner. 1) Part I - Envelope should contain the EMD part excluding the techno-commercial &

price part. There should be clearly mentioning ‘’ EMD part excluding techno commercial & price part” & “NIT reference no & due date” on the envelope.

2) Part II - Envelope should contain the techno-commercial part excluding the EMD & price part. There should be clearly mentioning ‘’ techno-commercial bid excluding EMD & price part” & “NIT reference no & due date” on the envelope.

3) Part III- Envelope should contain the price part excluding the EMD & techno-commercial part. There should be clearly mentioning “price bid excluding EMD & techno-commercial” & “NIT reference no & due date” on the envelope.

All the above three envelopes to be kept in a single envelope clearly superscripting [Three part bid] and [NIT reference no & due date] on the envelope. OFFERS NOT RECEIVED IN THE ABOVE MANNER MAY BE LIABLE FOR REJECTION 4) Part-I & Part-II (EMD & Techno-commercial part) of the tender shall be opened on

the tender opening date in presence of attending tenderers. However techno-commercial bids shall be considered for further evaluation subject to receipt of valid EMD. However Opening of Tenders is solely at the discretion of NINL.

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PART – I: EARNEST MONEY DEPOSIT (EMD): Rs 75000/- (Seventy five thousand) (Envelope-1): Earnest Money Deposit (EMD) of Rs. 75,000/- (Rupees Seventy Five Thousand Only) in the form of Crossed Demand Draft (DD) / Bankers’s Cheque / Bank Guarantee in favour of “M/s. Neelachal Ispat Nigam Limited” and payable at Duburi / Jajpur Road/Bhubaneswar from any Scheduled Commercial Bank (Contact no. of issuing bank manager to be furnished). Above instruments from Co-operatives / Gramin Banks shall not be considered. However, NINL reserves the right to take up with the tenderer for any queries/corrections in EMD-BG pertaining to authenticity/validity/operability/spelling mistake in BG etc (if required) after opening of EMD. Bid security [Earnest Money Deposit] shall remain valid for a period of 90 (Ninety) days beyond the original bid/offer 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. The format of the bank guarantee shall be in accordance with the “Format for Bank Guarantee against Earnest Money Deposit” included in the bidding documents; other formats may be permitted, subject to the prior approval of the Purchaser. Small Scale Industries /MSEs are exempted from submission of EMD.However they are required to submit relevant certificate from NSIC clearly incorporating the tendered item with appropriate validity period in the certificate. For getting exemption, the SSI/MSE unit is required to submit a notarised copy of registration certificate in their EMD envelope.

PSU’s & Govt undertakings & Co-operative societies etc may be exempted from submission of EMD as per Govt policy. 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. Bids not accompanied by requisite Earnest Money as stipulated above shall be treated as invalid. No request for adjustment of earlier dues at NINL in place of Earnest money (EM) shall be entertained. EMD of un-successful bidders shall be returned within thirty days of award of contract/order. EMD of successful bidder shall be returned after placement of order & upon submission of security bank guarantee as per the term & conditions of tender. PART – II: TECHNO-COMMERCIAL BID (Envelope-2): Include all technical information and Commercial terms without Price. Documents to be enclosed in Techno-Commercial Bid: a) This tender notice/NIT duly signed and stamped. b) General Terms & Conditions of Contract (Annexure III) to be submitted along with

techno-commercial offer, duly signed and stamped in each page as a token of Tenderer’s acceptance of all the terms & conditions stipulated therein, failing which, the offer may be liable for rejection.

c) Signed & stamped Eligibility criteria (Annexure-IV) with required supporting documents with signature & seal of authorized representative.

d) Signed & stamped special terms & conditions for procurement of grate bar-: Enclosed as Annexure-II & delivery schedule for grate bar-II enclosed as annexure-IIA

e) Signed and stamped item description & drawing –: Enclosed as Annexure –I.

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f) Blank Price Bid Format (Annexure-V) without mentioning the price, duly Signed by authorized representative with Seal of Company to be enclosed as proof of submission of PRICE BID in this format only.

PART – III: PRICE BID (Envelope-3): Price as per Price Bid format enclosed as Annexure-V. SINGLE PART TENDER LIKE INDICATION OF PRICE IN TECHNO-COMMERCIAL BID, SHALL BE REJECTED WITHOUT ANY REFERENCE. ALL THE BIDS TO BE SUBMITTED DULY SIGNED AND STAMPED BY AUTHORISED REPRESENTATIVE OF THE BIDDER. PRICE EXPLORATION AND FINALISATION OF TENDER MAY BE DONE THROUGH REVERSE AUCTION IN MJ PLATFORM.TECHNO-COMMERCIALLY QUALIFIED BIDDERS NEED TO SUBMIT THEIR PRICE ONLINE DURING EVENT TO BE CONDUCTED BY OUR E-AUCTION SERVICE PROVIDER, M/S MJUNCTION SERVICES LIMITED, KOLKATA, DATE OF WHICH SHALL BE INTIMATED BY MJUNCTION WITH RELEVANT NOTICE PERIOD. FINALISATION OF PRICE THROUGH REVERSE AUCTION IS IN NINL’S DISCRETION ONLY. NINL RESERVES THE RIGHT TO OPEN SEALED PRICE BIDS (SUBMITTED BY BIDDERS ALONG WITH THEIR TENDER THROUGH TENDER BOX) AND FINALISE THE TENDER.

The tenderers are requested to note the following points: 1. The successful tenderer has to submit Security Deposit Bank Guarantee for 10% of

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

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

CENVAT price & VAT Setoff (applicable for Odisha based vendors) basis. Offers which deviate from the vital conditions (as illustrated below) of the tender may be rejected. a. Non-Submission of tender documents duly signed and stamped. b. Variable price quoted (without any ceiling limit for such variation and Price

Variation Clause) against requirement of firm price. c. Submission of in-complete offers, non-appending signature on the offer and

on the prescribed formats. d. Offers received by NINL through e-mail, cable, telex, fax or telegram, offers

received late/delayed and offers received in Single Bid. e. Tenders not accompanied with EMD, as stipulated above and not accepting

the commercial terms & conditions in totality enclosed at Annexure-III

3. The Price quotations should be given only in the price format-Annexure V 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.

4. Each tenderer shall submit along with his offer, confirmation of his acceptance to all

the terms and conditions of the Tender Documents. A letter as per Proforma at Annexure-VIII, duly signed by the Tenderer should be submitted along with the offer as a token of acceptance of NINL's terms and conditions in Techno Commercial Bid.

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5. 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 submit a deviation sheet clearly spell out the deviations duly signed & stamped along with the letter in Techno Commercial Bid. However, the tender shall be liable for rejection / consideration with loading on account of deviations at the sole discretion of NINL.

6. Material deviation to our NIT GCC terms & condition such as Liquidated Damages

clause, Applicable laws, Cancellation/Termination, risk purchase clause, Part Order clause, Guarantee/Warranty clause, Arbitration, Force Majeure etc is not acceptable. Any other deviation to the terms & condition of our GCC, if acceptable to NINL, may be considered subject to suitable loading during evaluation.

7. Total tendered quantity of Grate bar-I (500 nos) shall be procured from single source 8. Total tendered quantity of Grate bar-II(9500 nos) shall be procured from multi source

in 60:25:15 (%) ratio at L1 rate. Details mentioned in GCC-annexure-III 9. In case of 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.

10. Technically Accepted (TA) & Commercially Accepted (CA) tenderers would be

authorized to quote their Landed Cost Net of CENVAT & VAT Setoff (Applicable for Odisha based vendors) price through e-reverse auction on a fixed time and date. For modalities of evaluation of Landed Cost Net of CENVAT &VAT Setoff (if applicable) (LCNC) price, please refer Annexure-V (Price Schedule).

11. The prices quoted by the tenderer shall be both in figures and words and shall be

free from any corrections or erasures. In case of any discrepancy between the price quoted in figures and words, the price quoted in words shall prevail.

12. Any Alterations or Corrections without proper authentication shall be liable to be

rejected without any notice. Overwriting to be avoided. 13. The prices quoted by the tenderer for the quantity offered should be in INR & remain

firm till execution of order. No escalation will be allowed during the currency of the contract.

14. No revision in the terms and conditions of the offer will be entertained after the tender

opening.

15. Offer should be valid for a period of 90 days from the date of opening of tender.

16. General Terms & conditions of Contract (GCC) which is enclosed herewith, shall form a part of the purchase order.

17. The sealed tenders may be sent by courier / speed post / Regd.Post/by hand to be dropped in the designated Tender Box within tender due date & time. Late Tenders will not be considered. NINL shall not be held responsible for any delay or loss of tender documents in Postal / Courier transit.

18. NINL 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).

19. 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.

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20. In case any tenderer is silent on any clauses mentioned in this tender document,

NINL shall construe that the tenderer had accepted the clauses as per the Tender. 21. 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.

22. Each tenderer must ensure submission of tender in sealed condition

addressed to the Jr Manager (Commercial), Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi – 755026, Dist. – Jajpur (Odisha) on or before 03.00 PM of 25.11.16

Yours Sincerely, For Neelachal Ispat Nigam Limited (A.Sahu) Jr Manager (Commercial) Email: arateeninl@gmail.com

Enclosure: 1) Annexure - I (Item description) 2) Annexure-II (Special terms & conditions for procurement of grate bar) 3) Annexure-II A (Delivery schedule of grate bar-II)

4) Annexure – III (General Terms & Conditions of Contract) 5) Annexure- IV (Eligibility criteria) 6) Annexure- V (Price Bid format)

7) Annexure –VI (Format of EMD BG) 8) Annexure –VII (Format of security BG)

9) Annexure- VIII (Proforma for Letter of Acceptance of NINL's terms and conditions of tender)

Sign & Seal of Tenderer.

Annexure-I NIT NO: NINL/CM/AS/SP/CON/303/NIT 268 DT: 04.11.16 Item description

Sl no Item code Item description unit quantity 01 14010335102310 Grate bar –I as per drawing

no 13B360-23-12 Nos 500

02 14010335102311 Grate bar-II as per drawing no 13B360-23-13

Nos 9500

ANNEXURE-II NIT NO: NINL/CM/AS/SP/CON/303/NIT 268 DT: 04.11.16

Special Terms and Conditions for Procurement of Grate Bar

Specification: 1. The chemical composition should be as follows:

2. Casting should be properly annealed to relieve cast stress. 3. Casting should be free from cracks, blow holes, cavities, slag inclusion and other defects. 4. Casting should be thoroughly fettled to achieve high quality surface finish and then properly painted.

Inspection : 1. Before bulk manufacturing, supplier should supply minimum Fifty (50) nos. for Grate Bar – I and minimum One

Hundred Fifty (150) nos. for Grate Bar – II for preliminary inspection at NINL in presence of supplier’s representative as mentioned below. a. Physical, Dimensional and fitment checking is to be done. Any deviation is to be rectified before further bulk

manufacturing. b. Chemical analysis of randomly collected sample from the offered grate bars is to be done in NINL QC-Lab / third

party lab as per NINL consideration. 2. After successful inspection, NINL will give clearance for further bulk manufacturing and material is to be dispatched

as per delivery schedule. 3. Final inspection for acceptance of supplied material regarding physical, dimensional and fitment checking will be done

at NINL premises for each consignment. Grate bars deviating from specification will be rejected and replaced / repaired free of cost by the supplier.

4. Supplier has to submit material composition test certificate of each heat from its own testing facility, guarantee / warrantee certificate for 18 months from the date of acceptance of material at GPS, NINL after inspection and fitment guarantee certificate along with each consignment including the first preliminary inspection consignment (for 50 / 150 nos.).

5. NINL, if desires, reserves the right to conduct chemical analysis of randomly collected sample from supplied grate bars for any / each consignment at NINL or by outsider third party. If any deviation from desired specification is observed, NINL shall conduct a second chemical analysis in presence of supplier’s representative. The result of the second analysis will be binding and final. If any deviation from desired specification is still observed, the supplied material will be rejected and replaced / repaired free of cost by the supplier.

Delivery : 1. First preliminary inspection consignment of Fifty (50) nos. for Grate Bar – I should reach GPS, NINL within One (01)

month of PO placement.. 2. The total order quantity should reach GPS, NINL as per the following schedule : Grate Bar – I : Within Two (02) months from the date of PO placement in One (01) consignment excluding

the first preliminary inspection consignment. Grate Bar – II : Refer annexure-II A for detail delivery schedule of Grate bar-II.

3. All the grate bars should be delivered in packaged condition preferably in wooden boxes. 4. Supplier’s unique identification marks should be embossed on the surface of each grate bar and it should be clearly

visible.

Element Cr Ni C Si Mn S P

(%) 27-29 > 2.0 0.4-0.5 1.0-1.4 0.7-1.0 < 0.03 < 0.03

Ranking Order qty

Sample required for 1st preliminary

inspection purpose(in pcs)

within 30 days of PO date

Qty(in pcs) to be delivered by 60 days of PO date

Qty(in pcs) to be delivered by 90 days of PO date

Qty(in pcs) to be delivered by 120 days of PO date

Qty(in pcs) to be

delivered by 150 days of

PO date

Qty(in pcs) to be

delivered by 180 days of

PO date

Total qty (in pcs)

L2 bidder (25% of

ordered qty) subject to matching

with L1 price

2375 150 750(Minimum 33% of

quantity)

750(Minimum 33% of

quantity)

725(Minimum 33% of

quantity)

2375

L3 bidder (15% of

ordered qty) subject to matching

with L1 price

1425 150 637(Minimum 50% of

quantity)

638(Minimum 50% of

quantity)

1425

Total 9500 450 2497 2498 1835 1110 1110 9500

Annexure - IIA

NIT NO:NINL/CM/AS/SP/CON/303/NIT-268 dated 04.11.16

L1 bidder (60% of

ordered qty)

5700 150 1110

Delivery schedule for grate bar- II (Total: 9500 qty)

57001110 1110 1110 1110

Annexure – III NIT NO:NINL/CM/AS/SP/CON/303/NIT-268 DT: 04.11.16 GENERAL TERMS & CONDITIONS OF CONTRACT (GCC)

1.0 DEFINITIONS 1.1. The following words and expressions as used hereinafter defined, shall have the meaning

hereof assigned to them, except where the contract otherwise requires: 1.2. “PURCHASER” shall mean and include Neelachal Ispat Nigam Limited (NINL) and its

different functionaries entrusted with the responsibilities in relation to the contract in respect of the area of responsibilities of such functionaries.

1.3. “CONTRACTOR” shall mean the Tenderer whose tender has been accepted by the

Purchaser, and on whom the Contract is concluded by the Purchaser, and shall include his heirs, legal representatives, successors and permitted assignees.

1.4. “CONTRACT” shall mean and include the contract between the Purchaser and the

CONTRACTOR duly signed by the parties thereto, for the execution of the work together with all documents annexed / attached therewith.

1.5. “SITE” shall mean, the place or places envisaged by the Purchaser inside the premises of

the Integrated Iron and Steel Plant of the Purchaser at Kalinga Nagar Industrial Complex, Duburi, where the services are to be performed under the Contract, together with such other places as may be specifically provided by the Purchaser for the purposes of the Contract.

1.6. “DELIVERY POINT” shall mean, the designated place or places where material as per

specification of Contract shall be delivered within the plant premises of Purchaser. 1.7. “DELIVERY” shall mean delivery of goods as per specifications of contract by the

CONTRACTOR in accordance with the contractual provisions. 1.8. “TENDER” shall mean, Purchasers specification and commercial terms & conditions issued

for the purpose of preparing offers. 1.9. “WORK” shall mean and include all works specified or set forth and required in or referred

to, in the Contract, or implied therefrom or incidental to the work contracted for and to be executed by the CONTRACTOR under the Contract.

2.0 ELIGIBILITY CRITERIA

As per Annexure-IV attached with this NIT document. Signed & stamped copy of same to be submitted along with tender with relevant documents in support. Only Indian manufacturers are eligible to participate in the tender.

3.0 SCOPE OF WORK/TECHNICAL SPEC.

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The scope of the tenderer shall be supply of sinter m/c pallet Grate bar-I (qty-:500 nos) & grate bar – II (qty: 9500 nos) as per terms & condition of this tender document to Neelachal Ispat Nigam Ltd,Duburi,Jajpur, Odisha. Detail item description & technical specification/chemical composition as per annexure-I & II .

4.0 SECURITY DEPOSIT BANK GUARANTEE (SDBG)

a) The successful bidder/contracter shall submit an unconditional irrevocable Bank

Guarantee towards security for the Contractor’s due Purchase Order performance in the prescribed format for an amount equivalent to 10% of total purchase Order price in favour of the Purchaser, within 15 days from the date of order . Upon submission of SDBG , EMD shall be returned to the contractor.

b) The Bank Guarantee for the Security Deposit shall be from a Nationalized 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 Contractor shall arrange for the extension of the Bank guarantee for such extended period upon written request of the Purchaser.

d) No interest on the Security Deposit Bank Guarantee or depreciation thereof shall be

payable by the Purchaser.

e) The Bank Guarantee shall be for the time bound, due and faithful performance of the Purchase Order and shall remain binding not withstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the Contractor and the Purchaser in terms of the Purchase Order or otherwise. Without prejudice to the Purchaser’s other rights under the Purchase Order, the Security Deposit will be liable for forfeiture by the Purchaser, if he deems it necessary and appropriate, at its discretion, in the event of Contractor’s failure to discharge and/or be liable of any of his obligations and responsibilities stipulated under the Purchase Order.

f) Subject to stipulations of other provisions of the Purchase Order, the Security Deposit

Bank Guarantee shall be released on application by the Contractor after issuance of GARN by NINL for the total PO quantity.

g) Should the extent of the purchase Order be altered during execution of the 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 Contractor fails to duly perform and complete the work with due diligence or

expedition or if it appears to the Purchaser that the Contractor will fail to fulfill his obligation under the purchase Order, the Purchaser reserves the right to terminate the purchase Order and forfeit the Security Deposit.

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

5.0 CONTRACT PRICE BASIS

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5.1 The charges payable for the Scope of Work mentioned above, shall be kept valid for the

entire period of Contract/Order.

5.2 The Price shall remain firm, fixed and binding on the CONTRACTOR during the tenure of

the Contract, and till completion of entire Scope of Work and shall not be subjected to any variation except for the statutory variations in the taxes and duties as specified in schedules.

5.3 Please quote FIRM prices (for supply) on FOR NINL Stores, Kalinga Nagar Industrial

Complex, Duburi, Dist: Jajpur, Orissa basis inclusive of Basic price, Packing & Forwarding, Excise duty, CST/VAT, Freight, Insurance, and other levies or charges.The details price break up must be given in price format annexure-V in price bid part.

6 RIGHT TO VARY 6.1 Purchaser shall have the rights, during the performance of Contract to make any additions

to, alternatives in and omission from the work entrusted to CONTRACTOR, and shall give notice thereof in writing to the CONTRACTOR. The CONTRACTOR, on receipt of such instructions in writing from Purchaser shall carry out changes so desired by the Purchaser. Such variations shall in no way vitiate or invalidate the Contract.

7.0 PLACEMENT OF ORDER & ALLOCATION OF BUSSINESS VOLUME 7.1 Order may be distributed among three bidders in 60: 25: 15 ratio.For splitting the order

quantity /scope of work among three bidders the basis will be their original ranking as obatined in reverse auction by Mjunction. The allocation will be in descending order with L1 getting the highest share(60% ) , L2: 25% and L3: 15% respectively, subject to matching the L1 price of RA.

7.2. Only the tenderer who will agree to match their price with L1 price obtained in reverse

auction , will be considered for distribution of order & asking for price matching shall be made on the basis of their original ranking i.e L2, L3, L4,…Ln obtained in revese auction by Mjunction.

8.0 DELIVERY SCHEDULE: Detail delivery schedule for grate bar-I & II as per annexure –II & II A

9.0 LIQUIDATED DAMAGES :

Time is essence of Contract.For deliveries beyond the date as stipulated in this order, liquidated damages, not by way of penalty, shall be levied at the rate of 0.5% of contract/ordered value (excluding taxsex & duties) of goods delayed for every delayed week or part thereof subject to maximum 5%

10.0 INSPECTION ,PACKING & GUARANTEE CLAUSE : (Refer annexure –II) 10.1 Supplied material should be strictly as per specification and shall be guaranteed by supplier

for satisfactory performance in sinter plant.In case the material is not found satisfactory the same shall be rejected & supplier shall arrange to replace the same free of cost to NINL on door delivery basis.

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10.2 Guarantee/Warrantee Certificate for 18 (Eighteen) months from date of acceptance of material at GPS,NINL after inspection & Fitment guarantee certificate along with each consignment of material including the first preliminary inspection consignment (for 50/150 nos ), in original along with the Invoice and other despatch documents. Refer annexure –II.

10.3 Details of inspection & packing as per annexure-II

10.4 Supplier shall submit Material composition test certificate of each heat from its own testing facility.

11.0 TAXES, DUTIES & LEVIES 11.1 All Taxes, Duties & Levies legally applicable and stipulated in the contract, shall be

reimbursed by Purchaser. All statutory duties & levies shall be deposited at appropriate statutory authorities by Contractor.

11.2 All taxes & duties as applicable at actuals at the time of despatch of material. 11.3 Purchaser shall bear no liability in respect of any non-compliance of above by the

CONTRACTOR. 11.4 Any Tax which Purchaser may be required to deduct by Law / statute, shall be deducted at

source, and shall be paid to the concerned Authorities on account of the CONTRACTOR, and Certificate for such deduction and deposit thereof, shall be provided to CONTRACTOR by Purchaser.

11.5 Any statutory increases resulting from CONTRACTOR’s turn-over shall be to the

CONTRACTOR’s account. 11.6 The contractor should provide CENVAT invoices for availing cenvat credit by NINL. 11.7 Sales tax CST against form ‘C’/VAT as applicable. Vat setoff will be applicable for Odisha

based parties supplying material. 12. TERMS OF PAYMENT

12.1 Subject to deductions, if any, as applicable as per the Contract, the CONTRACTOR shall be

entitled to receive payment in the following manner. 12.2 All payments shall be released directly by the Purchaser to the CONTRACTOR except as

otherwise stated in the Contract. 12.3 100% payment on prodata basis within 30 days of receipt and acceptance of material

(GARN) at NINL Stores on submission of requisite documents & Security Deposit Bank Guarantee as detailed above.

12.4 All payments to the CONTRACTOR shall be made through RTGS or A/c payee cheque. All

Bank charges shall be borne by the CONTRACTOR.

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13.0 TRANSPORTATION & WEIGHMENT 13.1 Transportation of goods is the responsibility of the contarctor.It is the responsibility of the

CONTRACTOR to securely and properly handle the consignment, in proper manner for transportation by road so as to ensure its delivery at destination free from damage/breakage,loss or pilferage. For all purposes receipt quantity at NINL as per NINL weighbridge shall be considered as final which will be firm & binding on both purchaser & contractor .

13.2 The CONTRACTOR shall ensure that all the vehicles engaged for the contracted work,

whether owned or organised for the purpose, are in good operating / running condition and having valid registration and insurance coverage.

14.0 EXECUTION OF WORK IN INCLEMENT WEATHER 14.1 The CONTRACTOR shall, during inclement weathers, carry out the work in accordance with

the contracts, and the CONTRACTOR shall not be entitled to any additional payment over and above the contract price by reasons of inclement weather.

15.0 CONSIGNEE

a) All consignments shall be consigned to : Sr Mgr (Commercial) Stores, Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi, Distt. Jajpur (ORISSA). Tel No.: 06726-264033

b) No consignment shall be booked to “Self”.

16.0 DESPATCH INTIMATION/ISSUANCE OF WAY BILL 16.1 The CONTRACTOR shall send despatch information to Jr. Manager (Commercial), Neelachal

Ispat Nigam Limited, Duburi, through Fax/email.The purchaser shall issue Odisha way bill (E-way Bill) for CST consignments on receipt of requisition from contractor.

17.0 NEGLIGENCE, DEFAULT AND RISK PURCHASE 17.1 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 rights under Contract hereto, may rescind or cancel the Contract holding the CONTRACTOR fully liable for the damages that the Purchaser may sustain.

17.2 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 right under Contract hereto, the Purchaser shall have at his option the right to take the affected work wholly or in part out of the CONTRACTOR's hands and may complete the work, as envisaged in the Contract either departmentally or by awarding

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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.

18.0 TERMINATION AND SUSPENSION AND FORECLOSURE 18.1 The Purchaser may at any time on breach of this Contract by the CONTRACTOR give him a

written notice of such breach. If the CONTRACTOR does not remedy this breach within a period of 7 (seven) days after receiving the notice, then the Purchaser may terminate this contract at any time thereafter stating therein, the date of termination. The CONTRACTOR shall be liable to refund any and all money which he is obliged to do so under Contract. No consequential damages shall be payable by the Purchaser to the CONTRACTOR in the event of termination.

18.2 The Purchaser may suspend the work in whole or in part at any time by giving CONTRACTOR notice in writing of such effect stating the nature, the date and the anticipated duration of such suspension. On receiving the notice of suspension from the Purchaser, the CONTRACTOR shall suspend the work desired to be suspended, with immediate effect.

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

18.4 In the event of suspension of work the Purchaser shall not be liable to pay to the CONTRACTOR any damage or loss towards idle labour etc. caused by such period of suspension of work.

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

19.0 FORCE MAJEURE 19.1 If either party is prevented from the performance of its 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, epidemics, lawful strike, riots, national defence requirement, lawful lock-out & strike, which is beyond the control of party then provided Notice happening of any such eventuality is given by the affected party invoking force majeure within 15 days from the date of occurrence and cessation of the Force Majeure along with documentary evidence from Govt. of chamber of commerce, the period of Force Majeure shall be excluded accordingly. If Force Majeure event(s) continue beyond the period of 7 (seven) days, the parties shall hold consultation to chalk out the further course of action. Neither party can claim any compensation from the other party on account of Force Majeure.

20.0 ARBITRATION 20.1 All disputes or differences, whatsoever, arising between the parties out of or in relation to

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

Continuation Sheet

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

20.3 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.

21.0 WAIVER 21.1 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. 21.2 The validity of the Contract shall not be affected, should one or more of its stipulations be

or become legally invalid and such stipulation is severable from and not fundamental to the obligations of either party to this Contract. In such a case, the parties shall negotiate in good faith to replace the invalid clause by an agreed stipulation which is in accordance with the applicable law and which shall be as soon as possible to the parties original intent.

22.0 ASSIGNMENT 22.1 The CONTRACTOR shall not assign its rights and obligations under the terms of this

Contract to any party other than its legal successor without the written consent of the Purchaser.

22.2 Should loan / financial agreement(s) require the CONTRACTOR to assign, by way of charge, any money due or to become due to it, to a bank/credit agency for the benefit of receiving payment by the CONTRACTOR under this Contract from such bank/credit agency, or if any partial assignment is necessary to be made to any insurer in terms of Insurance Policy approved by the Purchaser, the Purchaser shall not refuse consent in such cases.

23.0 AMENDMENT 23.1 Any amendment to the terms of this Contract (including Schedules & Annexures) shall be

made in writing by both parties here to and shall specifically state that it is an amendment to this Contract.

24.0 APPLICABLE LAW

24.1 This Contract will be governed by Indian Laws. 25.0 STATUTORY REQUIREMENT

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

26.0 GENERAL

Continuation Sheet

26.1 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.

26.2 Any conditions mentioned in the consignment note of the CONTRACTOR, which is at variance with the conditions mentioned herein, shall not be binding on the Purchaser and condition enumerated hereunder will be the sole repository of the contract between the CONTRACTOR and the Purchaser.

26.0 GENERAL LIABILITY PROVISION 26.1 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.

Accepted all Terms & Conditions

Sign & Seal of Tenderer.

NEELACHAL ISPAT NIGAM LIMITED

Kalinga Nagar Industrial Complex, At/PO-Duburi, District-Jajpur. Phone (06726) 264032, 264030, 264001-08 Telefax (06726) 264032

Annexure-IV

TENDER NOTICE NO.:NINL/CM/AS/SP/CON/303/NIT-268 DT. 04.11.16

ELIGIBILITY CRITERIA SL. NO.

PARTICULARS Documents to be furnished by the bidder.

1 Indian Manufacturers, who have executed supply of sinter machine pallet grate bars to any iron / steel plant of PSUs(SAIL /RINL/Govt. organization/Public Limited Companies) in last 5 years executed by 31st Oct 2016 should have either of following:

a) Three completed orders, each valuing not less than amount of Rs. 14 lakh

b) Two completed orders, each valuing not less than amount of Rs. 19 lakh .

c) One completed order, having value not less than amount of Rs. 29 lakh

Documents to substantiate as Indian

manufacturer.

Self attested purchase orders/supply Invoice /

Stores Receipts

2 Bidders to furnish documentary evidence in support of successful execution of PO with respect to performance and delivery.

Purchaser’s/User’s Certificate.

3 Bidders to certify that he has never been black listed from any of the organization /NINL.

Self Declaration.

4 Bidder has certified that he can supply the entire material as per delivery schedule of NIT

Self Declaration

5 Tenderers have financial turnover of at least Rs. 59 Lakhs in any one of last 3 financial years ending on 31st March 2016.

Audited P&L Accounts/balance Sheet

6 Supplier must have its own casting unit either minimum one (01) furnace having capacity not less than one (01 ) tonn/heat or minimum two (02) furnaces of having capacity not less than 500 kg/heat each

Supporting documents

7 Supplier must have its own chemical composition testing facility through instruments (e.g. XRF, OES etc)

Supporting documents

Positive affirmation to all of above declarations shall make bidder eligible for further evaluation of offer for acceptance by NINL. If any of the confirmation to above particulars are negative, tender may be liable for rejection , at the discretion of NINL, without any reference to the bidder.

NINL reserves right to call for original document verification at any time during tendering, evaluation and/or execution of the contract. In case of any document(s)/ 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 contract, banning business dealing, recovery of damages and criminal proceedings etc.) as deemed fit may be initiated against the bidder.

Sign & Seal of Tenderer

ANNEXURE-V NIT NO: NINL/CM/AS/SP/CON/303/NIT 268 DT: 04.11.16

PRICE FORMAT A.PRICE FORMAT (CST OFFERS)

INDIGENOUS OFFER WITH CST AMOUNT (Rs)-TO BE QUOTED BY TENDERER PER NO BASIS

I Basic Price

II Packing & forwarding Charges if any

III Excise Duty & ED Cess @ 12.5%

IV Sales Tax (CST ) @ 2% against form C

V Freight VI Insurance Charges

VII Sub Total [I+II+III+IV+V+VI]

VIII Entry Tax @ 2% on VII

IX Landed Cost [VII+VIII]

X Landed cost Net of CENVAT [IX-III] i.e LCNC COST TO BE CONSIDERED FOR PRICE COMPARISION

B.PRICE FORMAT (VAT OFFERS)

INDIGENOUS OFFER WITH ODISHA VAT AMOUNT (Rs)-TO BE QUOTED BY TENDERER PER NO. BASIS

I Basic Price

II Packing & forwarding Charges if any

III Excise Duty & ED Cess @12.5% IV VAT as applicable

V Freight

VI Insurance Charges

VII TOTAL [I+II+III+IV+V+VI] VIII Entry Tax @ 2% (if applicable) on VII IX Landed Cost [VII+VIII] X Landed cost Net of CENVAT [IX-III-IV] i.e LCNC COST TO BE CONSIDERED FOR

PRICE COMPARISION

ANNEXURE-VI

TENDER NOTICE NO.:NINL/CM/AS/SP/CON/303/NIT-268 DT. 04.11.16

BANK GUARANTEE AGAINST EARNEST MONEY DEPOSIT

(To be established through any Scheduled Commercial Bank at Bhubaneswar / Jajpur Road (Orissa) and

Negotiable at their counters on a non-judicial stamps paper of Rs.100/-)

M/s Neelachal Ispat Nigam Limited Kalinga Nagar Industrial Complex, At/Po.- Duburi Distt. Jajpur

Dear Sir,

1. In consideration of your agreeing to accept Guarantee towards Earnest Money of US $

/Rs…………………………………..(US Dollar / Rupees……………………………….) against the Tender

No…………………… dated………………floated by M/s. NEELACHAL ISPAT NIGAM LIMITED ( here in

after called the “Purchaser”) M/s…………………………………..(hereinafter called the Tenderer)

requested us to provide the guarantee to fulfill the tender condition,

we……………………………..(Banker’s name) are holding in trust in favour of you the amount of

Rs……………………………..(Rupees/US dollar…………………………) 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

obligations 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 Rs./US $ .......................... (Rupees/US Dollar

....................................................) for 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.

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

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

For & on behalf of

(Banker's Name)

Branch Manager

(Banker's Seal)

Signed and delivered Date :

For and on behalf of

the above Bank

Address.........................

.....................

ANNEXURE-VII NIT NO: NINL/CM/AS/SP/CON/303/NIT 268 DT: 04.11.16

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 …………………………. ………………………….

ANNEXURE-VIII

NIT NO:NINL/CM/AS/SP/CON/303/NIT-268 DT: 04.11.16

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/AS/SP/CON/303/NIT-268, DT: 04.11.16 With reference to your Tender Notice No NIT-268 dated 04.11.16 for supply of grate bar-I & II, 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.