GMDC GLOBAL TENDER NOTICE. Tender No. GMDC/TECH/NPG/01/09-10

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1 GLOBAL TENDER NOTICE WEBSITE ADVERTISEMENT Tender No. GMDC/TECH/NPG/01/09-10 Sealed Tenders / Offers are invited in two bid system Part I Techno Commercial Bid and Part II Price Bid from reputed and financial sound parties for Export Of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC at Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutch (Gujarat State) India, on FOB Mundra Port Kutchh, Gujarat India [Western off shore Basis.] 1) Item : Non Plant Grade Bauxite 2) Specification : Chemical Specification: AL2O3: 45% Min. SiO2: 6% Max. Fe2O3: 21% Max. Free Moisture: 6.00% Max & 8% Max during monsoon LOI (Loss of Ignition): 30 % Max Physical Size: 0 to 150 mm Monohydrate: 3% Max. 3) Approx Quantity in M Ton : 4,00,000 MT[+/- 20%] dry basis [Four Lacs] 2) Inspection : Non Plant Grade bauxite will be available for inspection at different bauxite mines as mentioned on page no 4 of the tender documents. 3) Tender Fee [Non Refundable] : Indian Rs.18,000/- or US $ 400/- by Demand Draft in favour of GMDC Limited payable at Ahmedabad drawn on any International firstclass Bank / Nationalized or Scheduled Bank (No co-operative bank) only 4) Earnest Money Deposit : US $ 2,00,000/- in the form of Demand Draft in favour of GMDC Ltd. payable at Ahmedabad drawn on any International first-class Bank / Nationalized or Scheduled bank (No co-operative bank) only or in the form of Irrevocable Bank Guarantee as per Reserve bank Of India guideline. 5) Payment : As per Detail Terms of payment mentioned On Page No 25 of Tender 6) Delivery / Shipment : With in 120 days from the date of receipt of LOI/Agreement.

2 7) Last Date & Time of issue of : 15-Dec-2009 Up to 4.00 P.M. Tender. 8) Last date & time of : 22-Dec-2009 Up to noon Submission of tender. 9) Date & Time of Opening the : 22-Dec-2009 At P.M. tender in presence of tenderers. 10 Downloading of Tender : Tender can be downloaded from our website N.B.: 1. The Corporation reserves the right to reject any or all the tenders without assigning any reason thereof. 2. Tenderers are required to quote the rate strictly as per the terms and conditions mentioned in the Tender document with all decelerations dully filled in. Conditional tender will not be entertained and shall be liable for outright rejection. 3. For further details visit our web site General Manager [Technical] GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED (A Govt. of Gujarat Enterprise) Khanij Bhavan, Near University Ground, 132 feet Ring Road, Vastrapur, Ahmedabad Gujarat State, INDIA Phone: / Fax No: Website E- mail geo@gmdcltd.com

3 GLOBAL TENDER NO: GMDC/TECH/NPG/01/09-10 Tender for Export Of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC, Village Gadhsisa, Pin Taluka Mandvi Dist. Kutch Gujarat State India General Manager [Technical] GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED (A Govt. of Gujarat Enterprise) Khanij Bhavan, Near University Ground, 132 feet Ring Road, Vastrapur, Ahmedabad Gujarat State, INDIA Phone: / Fax No: Website E- mail geo@gmdcltd.com Page 1 of 29

4 GLOBAL TENDER NOTICE Tender No. GMDC/TECH/NPG/01/09-10 Sealed Tenders / Offers are invited in two bid system Part I Techno Commercial Bid and Part II Price Bid from reputed and financial sound parties for Export Of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC at Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutch (Gujarat State) India, on FOB Mundra Port Kutchh, Gujarat India [Western off shore Basis.] 1) Item : Non Plant Grade Bauxite 2) Specification : Chemical Specification: AL2O3: 45% Min. SiO2: 6% Max. Fe2O3: 21% Max. Free Moisture: 6.00% Max & 8% Max during monsoon LOI (Loss of Ignition): 30 % Max PHYSICAL Size: 0 to 150 mm Monohydrate: 3% Max. 3) Approx Quantity in M Ton : 4,00,000 MT[+/- 20%] dry basis [Four Lacs] 2) Inspection : Non Plant Grade bauxite will be available for inspection at different bauxite mines as mentioned on page no 4 of the tender documents. 3) Tender Fee [Non Refundable] : Indian Rs.18,000/- or US $ 400/- by Demand Draft in favour of GMDC Limited payable at Ahmedabad drawn on any International first-class Bank / Nationalized or Scheduled bank (No co-operative bank) only 4) Earnest Money Deposit : US $ 2,00,000/- in the form of Demand Draft in favour of GMDC Ltd. payable at Ahmedabad drawn on any International first-class Bank / Nationalized or Scheduled bank (No co-operative bank) only or in the form of Irrevocable Bank Guarantee as per Reserve bank Of India guideline. 5) Payment : As per Detail Terms of payment mentioned On Page No 25 of Tender 6) Delivery / Shipment : With in 120 days from the date of receipt of LOI/Agreement. Page 2 of 29

5 7) Last Date & Time of issue of : 18-Jan-2010 Up to 4.00 P.M. Tender. 8) Last date & time of Submission : 22-Jan-2010 Up to noon of tender. 9) Date & Time of Opening the : 22-Jan-2010 At P.M. tender in presence of tenderers. 10 Downloading of Tender : Tender can be downloaded from our website N.B.: 1. The Corporation reserves the right to reject any or all the tenders without assigning any reason thereof. 2. Tenderers are required to quote the rate strictly as per the terms and conditions mentioned in the Tender document with all decelerations dully filled in. Conditional tender will not be entertained and shall be liable for outright rejection. 3. For further details visit our web site Issued To M/s. Pin No. Page 3 of 29

6 BRIEF INTRODUCTION 1. GMDC: Gujarat Mineral Development Corporation (GMDC) is a Government of Gujarat Enterprise, established way back in 1963, engaged in mining of lignite, bauxite, and fluorspar and also in processing /beneficiating the minerals for value addition. We are a company listed on Mumbai Stock Exchange (BSE) and National Stock Exchange (NSE), with 74% of ownership by Government of Gujarat. GMDC currently mine and produce about 6.6 million tonnes of Lignite per annum, which meets the fuel requirements of about 2500 companies located in Gujarat and neighbouring states. Our over-burden volumes are more than 35 Million Meter Cube per annum. We are the largest merchant seller of lignite in the country and one of the most profitable Public Sector Undertaking in the State of Gujarat. Besides, we are also developing a coal block in the state of Chattisgarh and Orissa. Company is in generation of Power, having 250 MW Power Plant.. GMDC sales turn over for the financial year is Rs 981/- Crores with profit after tax is 236/-Crores. Our Gross fixed assets stand at Rs 1886 Crores. 2. Locations of the Mines in Kutch District, Gujarat State, India as under: 1. Dabhan-Wamoti mines,tal : Abdasa, Dist : Kutch 2. Roha-Kotda mines, Tal : Nakhtrana, Dist : Kutch 3. Naredi-Nandra mines, Tal : Abdasa, Dist : Kutch 4. Naredi-I & II mines, Tal : Abdasa, Dist : Kutch 5. Ratadia-Nagrecha mines, Tal : Mandvi, Dist : Kutch 6. Goniasar mines, Tal : Mandvi, Dist : Kutch 7. Mothala Balachod mines, Tal : Abdasa, Dist : Kutch 8. Wandh -I mines, Tal : Mandvi, Dist : Kutch 3. Current Status of the Mines: Mining is being carried out by GMDC at mines mentioned at Sr. 2 above. Page 4 of 29

7 Instructions to Tenderer 1. Only one Authorized Representative of the tenderer will be allowed to remain present at the time of opening of the Tender. Authorized Representative must come with his company s letter recommending him to allow to remain present at the time of opening the Tender failing which no representative will be allowed to remain present at the time of opening the bids. 2. Tenders will be opened in two-bid system, i.e. Techno Commercial Bid & Price Bid. First the Techno commercial Bid will be opened on the date of opening of the tender in the presence of the tenderer. The Corporation will scrutinize the same and evaluation will be done on the basis of the information / data / details provided by the tenderers and the Price Bid will be opened only of that tenderer who qualify themselves in Techno commercial Bid. However, technically qualified tenderer will be informed regarding the date, time and venue for the opening of the price bid. Hence the tenderers are requested to submit Technical Bid and Price Bid in separate envelopes attached herewith. 3. The tenderer is required to enclose the DD of E.M.D. amount in the sealed cover. This may be noted. If Demand Draft is not enclosed in the sealed cover then the tender will be summarily rejected. 4. If the Order is decided in your favour, then you have to pay the 10% of sale value of material as Security Deposit (inclusive of EMD) immediately on receipt of letter of Intent. 5. You have to deposit Tender fee Draft, in separate cover super scribe with tender fee, tender no, tender item, date of opening, if you have down loaded tender from our web site. Tender received without Tender fee Draft will not be considered in any case. 6. Tenderer is required to quote the rates strictly as per the terms and conditions mentioned in the Tender Document. Any conditional tender will not be entertained and will be rejected. The Tenderer should unconditionally accept all the terms and conditions of the Tender by signing on each page of the technical Tender document including its annexure. 7 Down loading of Tender through website. : In case of down loading of tender through website. Please submit Technical bid / Price bid Tender, EMD Draft, Tender fee draft in sealed envelop as per the details given here under. Sealed Envelop. : 1) Techno Commercial Bid Part I. Page 5 of 29

8 EMD Draft. / Bank Guarantee enclosure. & Other necessary Sealed Envelop. :2) Tender fee draft. Sealed Envelop 3) Price Bid Part II 8. Before making bid, bidder may visit the site at their own cost with prior approval of GMDC. 9. The offers should reach the Corporation registry department in sealed cover super scribe with the words GLOBAL TENDER NO: GMDC/TECH/NPG/01/09-10, Tender for Export of Non Plant Grade Bauxite from Gadhsisa Group Of Mines Of GMDC, Village Gadhsisa,Pin , Taluka Mandvi, Dist Kutchh, Gujarat State India due date, 2009 on or before noon of. All the three envelops should be Super scribe with Tender No, Date of Opening and time, Tender Item, Content of the Envelop, Tenderer Name and address. 10. Corporation has all the rights to change / delete / alter / modify the terms and conditions of Tender at the time of placement of final LOI/Work Order. Page 6 of 29

9 On Tenderer s Letter Head FROM: LETTER NO.: DATE: To, Gujarat Mineral Development Corporation Ltd., Khanij Bhavan, 132 Ft. Ring Road, Near University Ground, Vastrapur, Ahmedabad , Gujarat, INDIA Dear Sir, Sub. : Tender Fee for Global Tender No: GMDC/TECH/NPG/01/09-10 Tender for Export of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC, Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutchh, Gujarat State, India With reference to above, and as per terms & conditions of Tender, we are sending herewith. DD / Pay Order No. Dated. Name of the Bank and Branch, For Indian Rs. 18,000/-. / US $ 400/- Being the amount of Tender Fee. Kindly, acknowledge the receipt of the same. Thanking you, Yours faithfully, NAME / SIGNATURE Encl: As Stated. Page 7 of 29

10 On Tenderer s Letter Head FROM: LETTER NO.: DATE: To, Gujarat Mineral Development Corporation Ltd., Khanij Bhavan, 132 Ft. Ring Road, Near University Ground, Vastrapur, Ahmedabad , Gujarat, INDIA Dear Sir, Sub. : E.M.D. for Global Tender No: GMDC/TECH/NPG/01/09-10 Tender for Export of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC, Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutchh, Gujarat State, India With reference to above, and as per terms & conditions of Tender, we are sending herewith. I] DD / Pay Order No. Dated. Name of the Bank and Branch, For US $ 2,00,000/-. Or II] Bank Guarantee as per guide line of Reserve Bank of India Bank Guarantee No dated. Name of issuing bank Valid Up to For US $ 2,00,000/-. Being the amount of E.M.D. Kindly, acknowledge the receipt of the same. Thanking you, Yours faithfully, NAME / SIGNATURE Page 8 of 29

11 On Tenderer s Letter Head D E C L A R A T I O N. From: Ref: Date: To Managing Director Gujarat Mineral Development Corporation Limited [A Government of Gujarat Enterprise] Khanij Bhavan, Nr. University Ground, 132 Ft. Ring Road Vastrapur Ahmedabad , Gujarat, INDIA Dear Sir, Sub: Declaration. Ref: Global Tender No: GMDC/TECH/NPG/01/09-10 Tender for Export of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC, Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutchh, Gujarat State, India I / We have carefully gone through and clearly understood the tender notice tender terms and conditions and tendered to execute and satisfactorily complete the whole work strictly in accordance with the said Tender. I/We hereby solemnly declare that none of Our Partners Jointly or Severally or Our Firm / Company / Associates company have not been Black Listed by the Central Government or any State Government or It s Undertaking. I/We hereby further declare that, if the above Declaration is found untrue, G.M.D.C. Ltd. shall be entitled to take any action against us severally and or individually or our firm / Company, In this regard in any manner that May deemed fit BY G.M.D.C. Thanking You Yours Faithfully [Name and Signature & Stamp] Page 9 of 29

12 Tenderer Credentials 1. Tenderer should have Sound Balance-sheet with an average turnover of Rs.8 crore [US $ 16 Lacs] and Net Worth Rs. 2 crore [US $ 4 Lacs] 2. Solvency Certificate The Tendrer shall have to submit Solvency Certificate issued on or before April 01, 2009 for a value of at least of Indian Rs. 10 Corers [ US $ 20 Lacs] issued from any International First Class / Nationalised / Scheduled Bank (not being a co-operative bank). 3. Acceptance of All Terms and Conditions The Tendrer should unconditionally accept all the terms and conditions of the Tender by signing on each page of the technical Tender document including its annexure. 4. Declaration The Tendrer should give a Declaration along with offer that he has not submitted any conditional offer. 5. Black Listing Of the Tenderer: The Tenderer or its directors or partners of their JVC should not have been black listed by any Government Organization, nor should any litigation of serious nature be pending against any of them. The Tenderer will submit a declaration to this effect along with the Tender. If, at any time, such declaration is found false, the Tender will be rejected. For the same reason, the contract, even if already executed, shall be terminated without entertaining any claims for compensation, along with forfeiture of EMD as well as advance amount paid. Page 10 of 29

13 Details of Tenderer / Tendering Firm 01 Name of Tenderer 02 Address 03 Phone No with STD/ISTD code 04 Mobile No with STD/ISTD code 05 Fax No 06 E- Mail I D 07 Name of Contact Person 08 Nature of Firm Proprietorship/Partnership /Pvt.Ltd./Public Ltd. With documentary evidence 09 PAN No of Indian Co 10 Name of First Class International Bank / Nationalized / Scheduled bank Full Address: Phone Nos. Fax No. With latest copy of [issued on or after April 01, 2009] Solvency Certificate for amount not less than U S $ 2,00,000/- 11 Purpose of Buying For Own Use For resale / Trading For Export For any Other use 12 VAT / TIN No Pin No CST No Page 11 of 29

14 13 Last Three Year Turnover & Profit Average 15 Exporter-Importer Code No [EIC No] 16 Export of Bauxite Made during Last three Years Year Turnover Profit Net Worth Quantity Exported In MT It is compulsory for the tenderer to furnish the details against each of above items and wherever it is not applicable, it may be mentioned so against the respective item. Disqualification:- Any misleading or false representations in the forms, statements and attachments submitted in support of the Tender and/or a record of poor performance of the Tenderer such as abandoning any contracted works, delayed execution of contracted works, litigations with respect to contractor works or inability to raise resources necessary to execute contracted works, shall straight away result into disqualification of Tenderer. Page 12 of 29

15 GLOBAL TENDER NO: GMDC/TECH/NPG/01/09-10 Tender for Export of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC, Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutchh, Gujarat State, India SCHEDULE OF ITEMS Sr. Description of Items Qty. E.M.D. No ,000 [+/- 20 %] dry Metric Ton of Bauxite of Indian Origin Approx 4,00,000 MT[+/-20%] US $ 2,00,000/- Chemical Specification: AL2O3: 45% Min. SiO2: 6% Max. Fe2O3: 21% Max. Free Moisture: 6.00% Max & 8% Max during monsoon LOI (Loss of Ignition): 30 % Max PHYSICAL Size: 0 to 150 mm Monohydrate: 3% Max. N.B. Price per Metric Tonne on FOB Mundra Port Kutchh, Gujarat India [Western off shore Basis.] to be quoted in US Dollars / Indian Rupees. N.B. Our [GMDC] minimum floor price for Export of Bauxite is F O B Indian US $25 Per MT. Page 13 of 29

16 Special Terms and Conditions: 1. Scope Of Work The successful Tenderer shall enter into written Purchase Agreement / Contract with GMDC, for Export / Purchase of Non-plant Grade Bauxite from Gadhsisa Group of Mines of GMDC with in 15 days of LOI. The same party shall open Letter of Credit. Shipping documents will be made only in the name of the party who opens Letter of Credit. 2. Sub-Letting of the Work The successful Tenderer shall not directly or indirectly transfer / assign/ sublet to any third party/parties the rights or privileges arising out of this Tender or any agreement executed in pursuance thereof. The successful Tenderer shall not change the constitution of the company/ firm during the currency of the contract. For the Tender submitted by agents / representatives, the name of their principals is to be furnished along with a letter of authority issued by their principals authorizing the agents / representatives to participate on their behalf. 3. Duration of the Agreement The agreement/contract shall come into force from the date of its execution and shall be valid for a period of six months, further extendable as per mutual consent. 4. Validity of the Offer The offer shall remain valid for acceptance for a period of 90 days from the date of its opening. a) The rate quoted by the successful Tenderer shall be valid for the entire currency of the contract. b) No reduction in the rates will be allowed on any account. c) The rates quoted by the tenderer shall be free from corrections and over writings. Tenders containing over writing, erasures, corrections or illegible rates shall be liable for rejection. 5. Earnest Money Deposit and Security Deposit: a) The tender must accompany Earnest Money Deposit Of US $ 2,00,000/- by demand Draft in favour of GMDC Limited payable at Ahmedabad India drawn on any international First Class Bank / Nationalized / Scheduled Bank [Other than Co-Op Bank] or by way of Irrevocable Bank Guarantee as per guide lines of reserve bank Page 14 of 29

17 6.0 PRICE BASIS: GMDC of India or the amount as stated above in favour of Gujarat Mineral Development Corporation Limited, payable at Ahmedabad. Cheque will not be accepted. b) Earnest Money Deposit paid as above will be refunded to unsuccessful tenderer with in 15 days after finalizing of tender. c) Successful tenderer has to pay security 10% of the order value including EMD. Earnest Money Deposit paid will be adjusted against security deposit of successful tenderer. d) Earnest Money Deposit and Security deposit will not bear any interest. e) If successful tenderer does not pay initial security deposit or does not fulfill terms and condition of Letter of intent E.M.D. paid will be liable to be forfeited by the Corporation. f) Security Deposit paid by the successful tenderer shall be liable to be forfeited by the Corporation, if he does not able to enter in to agreement with Corporation in accordance with the terms and condition of the Letter Of Intent. g) Tender received with out Earnest Money Deposit Will be outright rejected. h) Security Deposit will be refunded with in thirty days after the successful completion of Contract in all respect. 6.1 Unless otherwise agreed, price of the material shall be FOB Mundra Port Katchh, Gujarat India [Western off shore Basis.] 6.2 Corporation shall under no circumstances be liable for any costs/ charges/ liabilities/ insurance/ freight/ taxes or duties/ levies/ fees whatsoever nature, including by reason of importation of the material in the country of import, arising subsequent to the delivery of the materials as per the agreement on the basis of FOBST. 6.3 Marine Insurance to be covered by the Tenderer/Buyer. 7.0 MATERIAL & QUANTITY: 7.1 Subject to these terms and conditions (and expressly agreed deviations/ deletions/ additions if any), the Corporation is obliged to sell material of technical specifications as agreed and the Tenderer / Buyer is obliged to buy the same. 7.2 Unless otherwise agreed, the tolerance on quantity to be delivered shall be [+/- 20 %] at Vessel Master's option for balancing of ship. The Tenderer/Buyer shall nominate vessel for shipping quantity as per LOI. Weight (quantity) shall be established by draft survey at loading port by an independent inspection agency, Page 15 of 29

18 and the quantity and quality established at load port shall be final. Tenderer/Buyer have freedom to nominate their own agency at Tenderer/Buyer s cost to co-jointly carryout out quality and quantity survey with the independent inspection agency appointed by the Corporation, and the inspection is to be carried out in accordance with international standards applicable for Bauxite for quality inspection and draft survey. 7.3 The cost of inspection by the independent inspection agency appointed by the Corporation shall be borne by the Corporation. The inspection certificate issued by them shall certify, inter- alia, that the materials were inspected at the loading port prior to loading and that the marking were as per requirements of the Agreement between the Corporation and the Tenderer/Buyer. 8. Weight Determination Each Bauxite shipment shall be weighed at the port of loading and certificate will be issued by S.G.S India Pvt Ltd. according to the draft of the vessel. Weight thus weighted shall be hereinafter called Corporation s Invoice Weight for payment. The cost of such inspection at load port shall be to Corporation s account. 9. Sampling and Analysis Sampling of each shipment shall be taken during the loading. Tenderer / Buyer shall have the right to be represented at this sampling. The method of sampling and analysis will be as per IS handbook based on the Corporation s standard method according to the memorandum attached hereto (method of sampling and analysis of Bauxite is derived from IS 1999 of 1987). SGS India Pvt Limited analysis certificate(s) at loading Port at Mundra shall be conclusive as to specification of ore. 10. Bonus and / or Penalties: Bonus / Penalty will be calculated as per final analysis / testing report of M/s SGS India Pvt Limited at Mundra Port and will be charges as under. 1. Al2O3 : 45% a) Al2O3 = 45% no bonus or penalties b) Al2O3 45% the bonus is US$1.00/dmt for every 1% higher, fraction pro rata c) Al2O3 45% the penalty is US$1.00/dmt for every 1% lower, fraction pro rata 2. SiO2 : 4-6% a) 4-6% no bonus or penalties b) SiO24% the bonus is US$0.50/dmt for every 1% lower, fractions pro rata Page 16 of 29

19 c) SiO26% the penalty is US$0.50/dmt for every 1% higher, fractions pro rata 3. Size mm 90% Min above 150mm 11.0 DELIVERY/ SHIPMENT: 10% MAX, 11.1 The Corporation shall deliver the Materials free in the holds of the vessel(s) nominated by Tenderer/Buyer and accepted by the Corporation as per these terms and conditions in one or more safe berths reachable on arrival always afloat at loading port which shall be Mundra, India. Unless financial arrangement is made by the Tenderer/Buyer as per clause 12 below or otherwise as agreed by Corporation. The Corporation is not obliged to confirm delivery The Tenderer/Buyer shall nominate a vessel not more than 25 years old with lay date / cancellation date within 15 days of Corporation s notice of readiness of materials for shipment or within the lay days in case given by the Corporation or acceptable to the Corporation whichever is earlier. The Tenderer/Buyer shall take into account limitations of the port such as, maximum LOA of 225 m, maximum beam length of 34 M and maximum laden draught of vessels as 12.5 m. However, vessel acceptance shall be given only after acceptance of vessel by Port Authorities While nominating a vessel the Tenderer/Buyer shall communicate following particulars for the nomination: (a) Name of the Vessel (b) Year of built & Flag (c) Classification (d) LOA/Beam/Draft at max DWT. (e) Loadable tonnage/ nominal tonnage for Delivery (f) No of Decks: (single Decker/TWEEN Decker if TWEEN, the third deck, if any) (g) No of Holds/Hatches (h) Hatch Openings: Weather deck/ Tween deck (i) Type of hatch covers: Weather deck/ Tween Deck (j) Cargo gear capacity: Cranes - single swinging Derricks-Configuration Hatch wise Derricks Working in union purchase-not acceptable (k) ETA/ lay date/cancellation date at load port The Corporation is entitled to following additional information if required: Page 17 of 29

20 (a) Original name of vessel if changed at present (b) Whether dissonantly owned (c) Owners P & I Club 1 (d) Deponent Owners P & I Club (e) Last special survey (f) Last dry-docking (g) Position of engines 11.4 The vessel nominated by the Tenderer/Buyer shall be geared and equipped with cranes/ derricks competent of lifting minimum 15 MT tonnage at a time from the wharf and placing the materials in the places of the hatches including wing spaces and having minimum four available hatches. The Corporation shall guarantee a loading rate of 4000 MT PWWD SATAFTSHEXEIU subject to these terms and conditions on the basis of five or more available workable hatches or hooks, whichever is less. The Corporation is not obliged to accept vessels with gear capacities, less than what is specified below or vessels offering less than three hooks. If due to any reason, a vessel is accepted with lower gear capacity or lesser number of hatches/hooks, the load rate shall be reduced prorata. The rate of demurrage/dispatch shall be as per Charter Party but not exceeding rates described below: Bauxite 9999 or below Bauxite Bauxite & above US$ 3000 PDPR/HD US$ 4000 PDPR/HD US$ 5000 PDPR/HD Rate of Demurrage/Dispatch less than above is acceptable to the Corporation 11.5 The Corporation shall communicate acceptance/non-acceptance within next working day and with reasons in case of non-acceptance. However, the Corporation is not obliged to consider any nomination of the vessel unless the Tenderer / Buyer makes financial arrangement as agreed Upon arrival of the vessel within the limits of the loading port and after (A) Ensuring that the hatches/holds of the vessel have been thoroughly cleaned, (B) Obtaining free critique and (C) Ensuring that the vessel is load-ready in all respects, the Master of the vessel shall serve the Notice of readiness of the vessel to load the Materials (i.e. Master's N/R) on the port office of the Corporation at the loading port, during normal office hours which are 9.30 AM to 4.30 PM from Monday to Friday and from 9.30 to 1200 Hours on Saturday. The master's N/R shall not be served on Saturday afternoon/sundays/port holidays/ Charter Party holidays. Page 18 of 29

21 11.7 Upon arrival of the vessel within the limits of the loading port or at any time later till completion of loading, if the Corporation or the load port authorities consider that the cranes/ gears of the vessel are not capable of lifting the materials of the weights and dimensions as agreed, from the wharf and placing the material inside the hatches as required for loading, the Corporation has a right to reject the vessel outright without any liability including dead freight and all other consequences/losses arising thereof. Incase it is considered that the gears are not capable of maintaining the loading rate guaranteed, the Corporation has a right to assessment by an independent marine surveyor to determine such load rate and the same shall be binding on the Tenderer / Buyer. In case the surveyors find the gears not capable of loading from wharf to any part of the hatches, nomination/ acceptance stands cancelled with no risks/ costs to the Corporation and the charges of the independent marine surveyor shall be borne by the Tenderer / Buyer The Tenderer / Buyer shall ensure that the charter party governing the shipment shall, inter-alia, include following provisions: Vessel shall be consigned to Tenderer / Buyer's agent at load port, owners paying customary agency fee The ship owners shall bear all ports dues/charges/levies except port loading charges, tonnage dues, light dues and other taxes, assessments and charges that are customarily payable by shippers Ten days prior to ETA of vessel at load port, the master of the vessel shall give telex/cable/fax intimation to the Corporation Thereafter at the interval of 7 days/72 hrs/24 hrs before the ETA of the vessel, master of the vessel shall send telex/cable/radio messages regarding the ETA of the vessel to the Corporation and as well to the designated Officer of the Corporation at the Port Each vessel shall hold a valid gear certificate in conformity with the International Dock Safety Convention, covering the duration of each voyage and confirming that all the gears have been duly tested. The Master of the vessel shall make the gear certificate available to the representative of the Corporation for verification before/on berthing of the vessel at the loading port, in any case prior to commencement of loading. Similarly, the hatch wise loading plan for the Materials shall be furnished by the Master of the vessel before/on its berthing The Master of the vessel shall allow on board the vessel the representative of the independent inspection agency appointed by the Corporation and provide such information/ assistance as may be required by such agency in connection with the performance of their assigned duties. Page 19 of 29

22 The Master of the vessel shall provide free use of light on board the vessel as may be required for working the vessel at the loading port at all times and in each case free of expense to the Corporation The master of the vessel shall make available all the hatches for loading of the materials throughout the period the vessel is worked for loading of the materials except in such hatches where the materials have been completely loaded Lay time and excepted period: Lay time shall commence at 1300 Hrs if Master's N/R is served in the forenoon and at 0800 Hrs of the next working day if the Master's N/R is served in the afternoon Time between noon on Saturday and 0800 Hrs on Monday and/or between noon on the last working day preceding a legal holiday and/or Port holidays/charter party holidays and 0800 Hrs in the next working day shall not count as lay time even if used, unless the vessel is on demurrage After berthing, if the port authorities or representative of the Corporation fined that the vessel is not ready in all respects to load, the lay time will not commence until the vessel is in fact ready in all respects to load. The time used by the vessel in proceeding from the anchorage to the berth shall not count as lay time In the event of breakdown of vessel gear or other equipment of the vessel by reason such as insufficient power etc., not attributable to shipper, the period of such break down shall not count as lay time Time lost due to any of the following reasons shall not count as lay time unless the vessel is on demurrage: - Non weather working days declared by the port authorities even if the vessel is worked. - War, Rebellion, Tumult, Political disturbances, Insurrection. - Lockout, Strikes, Riots, Civil commotions. - Epidemics, Quarantine, Land-slips, Floods, Frost or Snow, Bore tides, Bad Weather. - Stoppage of work, whether partial or general by workmen/long shore men/ tugboatmen or other hands essential to the working of the vessel or loading of the materials into the vessel. - Accidents at Wharf. Page 20 of 29

23 - Intervention of security, customs and/or other constituted authorities. - Stoppage, whether partial or total, due to any other causes beyond the control of the Corporation The opening and the closing of the hatches of the vessel shall always be done by the vessel's crew and the cost involved therein shall be to the account of the vessel The time lost due to shifting of the vessel within the port limits shall not count as lay time. However, if the shifting is required by the Corporation, the shifting charges shall be to the account of the Corporation and time lost in shifting shall count as lay time The overtime of the crew and officers shall be to the Account of the vessel If any damage is caused to the vessel at the loading port at the time of loading of the Materials by the Stevedores engaged by the Corporation, the claim, if any, for such damage shall be settled directly between the ship owners and stevedores. The Master of the vessel shall lodge such claim, if any, on the stevedores, promptly after the damage has been sustained and then confirm in writing duly supported by the Third Party Damage. Reports, prior to the departure of the vessel from the loading port, failing which the claim shall stand barred and the stevedores shall stand absolved and relieved of all responsibility. Subject to compliance with the conditions enumerated in the clause, in case the stevedores fail to settle the same, the Corporation shall be responsible for settlement of such claims Statement of Facts: Immediately after completion of loading of the materials into vessel and before the sailing of the vessel from the loading port(s) a statement of facts shall be made out at the loading port(s) duly signed by and distributed amongst; (a) Master of the vessel/agent of the vessel at the loading port (b) Agents/Representative(s), if any of the Tenderer / Buyer at the loading port and (c) representative of the Corporation at the loading port The Master of the vessel shall deliver a stowage plan in triplicate duly signed by him before loading and immediately after completion of loading and sailing of the vessel, if sought by the Corporation The ship owners shall instruct their Agents at the loading port to issue the Bill(s) of Lading with marking as per LC (see 6.2.1(a)) to the representative of the Corporation, immediately but within one day from the date of completion of loading of the materials into the vessel. Page 21 of 29

24 12. TERMS OF PAYMENT: 12.1 Unless agreed otherwise, financial arrangements shall be made within Ten (10) Calendar Days from the date of sale confirmation by the Corporation or before nomination of the vessel whichever is earlier, in USD by the Tenderer / Buyer in favour of Corporation by means of a confirmed and irrevocable without recourse to the drawer's Letter of Credit (LC), governed by Uniform Customs and Practices for Documentary Credits (as applicable on date of opening of LC conforming to Corporation s standard format), representing the value of the contract quantity of the materials with positive tolerance, on the basis of FOBST, established through any first class international bank in favour of Gujarat Mineral Development Corporation Limited Ahmedabad, India. The LC should be advised through Ahmedabad 3800 India as per the negotiating documents negotiable at the counters of any branch or any bank of India Letter of Credit (L/C) in US Dollars for 100 % of the value of shipment payable at sight on presentation of documents to the negotiating bank with T T re imbursement clause and red clause opened by a first class international bank b y S W I F T and advised and confirmed thru Corporation s Bank in Corporation s favor, indicating Corporation as beneficiary for an amount sufficient to cover 100% % towards possible bonus of the value of shipment, on presentation of relevant shipping documents mentioned in Clause 14 below. All banking charges outside, the Confirmed and Irrevocable, Divisible LC, opening bank shall be at Corporation s account. The Confirmed and Irrevocable, Divisible LC may allow partial shipment Opening of valid LC within stipulated time is an essential condition. Corporations are at liberty to terminate the contract and claim damages/ losses in case of such failure of Tenderer / Buyer for breach of above essential conditions. L. C shall be opened within ten (10) working days from the date of Letter of Intent (LOI) but before nomination of vessel whichever is earlier, failing which E M D w i l l be forfeited and G M D C may take action as deemed fit. L.C. is required to be confirmed at the cost of openers, by any scheduled commercial bank. All Bank Charges in opening and confirming Letter of Credit are on Tenders / Tenderer / Buyers Account. The said confirmed and Irrevocable Letter of Credit shall be payable by opening bank against Corporation s sight draft for the amount of 100% of value of each respective shipment + 100% bonus payable accompanied by the documents stipulated in clause. The weight certificate issued by SGS India Pvt. Ltd by survey of ship s draft together with the certificate of analysis of sample and of the percentage of free moisture loss issued by SGS India Pvt. Ltd. shall be basis for Corporation s invoice. Page 22 of 29

25 13. Liquidated Damages (L.D.) In case the Tenderer fails to off take the contracted quantity of Non-Plant Grade Bauxite during validity of agreement / contract, liquidated week subject to Maximum of 10% of the gross sale price of the unlifted quantity shall be levied upon the Tenderer. 14. Non Fulfillment of Terms & Condition and Termination of the Agreement / Contract. a) If the Successful Tenderer fails to execute the Contract / Purchase Agreement and or fails to comply with its terms and conditions to the satisfaction of GMDC, GMDC shall be entitled to cancel the Agreement and forfeit the advance payment as well as Security Deposit remitted by the Tenderer. In such an eventuality, GMDC shall have the right to dispose off the balance unlifted quantity of material to any third party/parties at its discretion and the Tenderer shall have no right whatsoever to any claim thereupon. b) Likewise, if the successful Tenderer does not fulfill the terms and conditions of the agreement / contract, GMDC has the right to forthwith terminate the contract at its sole discretion, without assigning any reason. Under such events, GMDC shall be entitled to forfeit the Advance payment as well as Security remitted by the Tenderer. 15. Compliance of Statutes The successful Tenderer shall comply with all relevant statutes, Rules and regulations applicable to it from time to time. 16. Documents : The payment of 100% + 100% of bonus shall be made against drafts at sight as follows : a. Corporation s signed commercial invoice which calculated according to the basic price plus bonus calculation on the basis of certificate from SGS India in triplicate, indicating L/C No. and Contract No. Showing total value of Cargo minus 10 % received in advance hence net payable 90 % + 100% bonus only. b. 3/3 original Bill of Lading shall be presented to the negotiation bank by the Corporation. c. Advice of Shipment Within 24 hours immediately after completion of loading of goods on board the vessel the Corporation shall advise the Tenderer / Buyer by cable or telex or or Fax of the contract number the name of goods weight Page 23 of 29

26 net/gross or quantity loaded invoice value name of vessel port of loading sailing date and expected time of arrival ETA at the port of destination. Should the Tenderer / Buyer be unable to arrange insurance in time owing to the Corporation s failure to give the above mentioned advice of shipment by cable or telex or fax or the Corporation shall be held responsible for any and all damages and/or losses attributable to such failure. d. Certificate of Corporation s invoice weight and quantity calculated on the basis of the Bill of Lading (B/L) minus moisture content issued by SGS. e. Export s Certificate of Analysis of Quality issued by SGS at port of loading. One original and two copies of Certificate of Origin issued by Ministry of Trade or any Chamber of Commerce, India 17 Settlement of Demurrage of / Dispatch Money In Respect of Each Shipment: Based on the Statement of Facts, the computation of lay time allowed and lay time used shall be based on provisions contained in clause 5.8 and its sub clauses herein above. Dispatch money, if any, calculated on the basis of "Working time Saved" shall be arranged to be remitted by the Tenderer / Buyer to the Corporation within sixty days from the date of receipt of the claim of the Corporation with lay time statements. Incase of demurrage, the Corporation against the dispatch money pending from the Tenderer / Buyer if any shall adjust the agreed amount. If not, the Corporation shall endeavor to remit the agreed amount of demurrage within sixty days from the date of receipt of claim from Tenderer / Buyer with supporting documents. 18. RISK AND TITLE: Except in the case of negotiation under LC as per clause No.6.8 herein above, with respect to each shipment, the risk shall pass from the Corporation to the Tenderer / Buyer as soon as the materials cross the ship's rails at the port of loading and the title to the materials shall pass from the Corporation to the Tenderer / Buyer only after the Corporation has negotiated the documents and has received payment of the full invoice value of the materials shipped from the negotiating bank. 19. RIGHT OF TRANSFER: Tenderer / Buyer shall not be entitled to assign or transfer contract resulting from this Agreement except to its successor or to the transferee of all or substantially all of its assets, and in the case of any such assignment or transfer, the contract shall be binding upon and shall insure to the benefit of such successor or transferee. 20. Severability: Page 24 of 29

27 The validity of remaining provisions of the contract shall not be affected by a court, administrative board or other proceedings of competent jurisdiction deciding that any provision or part of this contract is illegal, unenforceable, in conflict with any or contrary to public policy. In such even the parties, hereto shall, by amendment of to public act, properly replace such provisions by a reasonable new provision or provisions which, as far as legally possible approximate what the parties intended by such original provision and the purpose thereof. 21 FORCE MAJEURE: If the Corporation and/or the Tenderer / Buyer are prevented from discharging its or their obligation under this agreement by reasons of arrests or restraints under rules of Government, War, Blockade, Revolution, Insurrection, immobilization, Strikes, Riots, Civil Commotions, Lockouts, Accidents, Acts of God, plague, or other epidemics, destruction of the materials by fire or flood or other natural calamity or on account of any other cause interfering with the production and/or delivery of the materials as herein above contemplated, the time for delivery shall be postponed by the time or time during which production and/or delivery is prevented by any such causes as herein above mentioned, provided that in the event of such delay exceeding ninety days, the party other than the party which invokes the force majeure may at their option, cancel this agreement by Notice inwriting to the other party in respect of the undelivered quantity of the materials without, however, any right against or being responsible to the other party for such cancellation. The party invoking force-majeure shall within 15 days of the occurrence of force-majeure causes; put the other party on notice supported by a certificate from the Chamber of Commerce or concerned governmental authority and shall likewise intimate the cessation of such causes. If the forcemajeure condition continues beyond a period of six months the Corporation or the Tenderer/Buyer may at his option cancel this agreement by notice in writing to other party in respect of the undelivered quantity of the materials without, however, any right against or being responsible to the other party for such cancellation. 22. Legal Interpretation: The contract of sale and purchase and these terms and conditions shall be governed interpreted and construed in accordance with the Laws of India for the time being in force. For all commercial terms and abbreviations used hereunder, which have not been otherwise defined, the rules of INCOTERMS 1990, latest revision, shall be applied. 23. Governing Law and Arbitration: This contract shall be governed by and construed in accordance with of the laws of INDIA. Page 25 of 29

28 a. The parties hereto shall undertake all efforts to amicably settle any disagreement or dispute arising out or in connection with this agreement. b. In the event an amicable settlement cannot be reached, all disputes or disagreements shall finally be decided by arbitration in accordance with the Rules of Arbitration under Indian Laws. The arbitration panel shall consist of three arbitrators as agreed by both parties. Such arbitration proceeding shall be held at Ahmedabad in INDIA, and language shall be in English. Each party shall appoint an arbitrator and the third arbitrator shall be appointed by the Arbitrators nominated by the parties. The arbitrator s decision shall be final and binding to both the parties. 24. Import / Export Licence: It shall be the responsibility of the Corporation to arrange export license, if any, required and it shall be the responsibility of the Tenderer/Buyer to arrange for the import license, if required, in the country into which the material are intended to be imported. 25. Modifications / Waivers: The failure of either party to insist upon strict adherence to any terms of this contract on any occasion shall be considered a waiver of any right there after to insist upon strict adherence to that term or any other terms of this contract. Any waiver must be in writing. No change in respect of these terms and conditions are valid unless both the parties agree the same to in writing. All previous negotiations/ understandings between parties are cancelled while entering into an agreement as per these terms and conditions. Failure to enforce any conditions hereunder contained shall neither be deemed as waiver of the conditions itself nor authorize any subsequent breach thereof. 26. Jurisdiction of Courts: All disputes shall be subject to the jurisdiction of the competent courts of Ahmedabad India. Page 26 of 29

29 General Terms & Conditions of Sale: 1] Delivery of Bauxite will be made on FOB Mundra Port Kutchh, Gujarat India [Western off shore Basis.] 2] The Corporation may increase / decrease / the quantity before delivery or may split to one or more parties. a) The person signing the schedule of Rate (s) will be deemed to be the only authorized representative of the Tenderer for any or all transactions with Corporation in connection with this Tender. b) All rates and prices in the tender should be both in figures and in words written in the schedule of Rate(s) Tender(s) containing overwritten or revised rates without being authenticated by Tenderer Signature is / are liable to be rejected. Should there be any variation between the rates indicated in figure and words, the higher of the two shall be considered. 3] After opening of offers / tenders successful tenderer will be informed about acceptance of their offer, by issuing Letter of Intent. 4] The Corporation reserves the right to reject any OR all the offers for one or more or all the items without assigning any reasons thereof and is not liable to the tenderer for any consequent losses or damages arising there from. 5] The prospective tenderers are advised to visit all the mine sites, before submitting their offer. 6] The offers should reach the Corporation registry department in sealed cover super scribe with the words Offer for GLOBAL TENDER NO: GMDC/TECH/NPG/01/09-10 Tender for Export Of Non-Plant Grade Bauxite from Gadhsisa Group of Mines of GMDC, Village Gadhsisa, Pin , Taluka Mandvi Dist. Kutchh,Gujarat State, India due date on or before noon of. 7] Tender offers will be opened on the same day at 1.00 p.m. in presence of tenderer s representative. Tenderers may remain present at the time of opening. 8] The offer/s will be deemed to have submitted on the basis that tenderers have agreed to all these terms & conditions of the tenders. 9] The decisions of the Corporation in case of dispute will be binding to the tenderers. 10] Validity of the tender should be not less than 60 days from the date of opening of the tender, if required by the Corporation; the tenderer will have to extend the validity for a further period of 30 days. Page 27 of 29

30 Entire Contract: Modification This contract constitutes the entire agreement between the Corporation and the Tenderer / Buyer concerning the subject matter hereof. All previous documents, undertakings and agreement, whether verbal, written or otherwise, between the parties concerning the subject matter hereof are hereby cancelled and shall not affect or modify. Any modifications of this contract shall be made by written agreement between the parties Page 28 of 29