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1 1 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP This document is issued to: Volume-I Cost of Tender Documents Form Shri / Messers: after receiving Rs.500/- towards cost of tender document by DD/PO/B.Ch.No. Dated On Tender Closing date & time: AM on 06/12/2010 Tender opening date & time: Immediately after AM on 06/12/2010 (Signature of the Tender Issuing Authority) ================================================================== This document is downloaded from by: Shri/Messers: and the cost of tender document is remitted with the tender by DD/PO/B.Ch.No. Dated On (Signature of the Tenderer) (Strikeout whichever is not applicable) 1

2 2 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP EMD Submission Form (To be filled by the tenderer) The Earnest Money Deposit is remitted with the tender by DD/PO/B.Ch.No. Dated On (Signature of the Tenderer) ================================================================= (FOR OFFICE USE DURING OPENING OF PART-I) 1. EMD Particulars : DD/PO No... for Rs... drawn on...bank...branch 2. Sl.No.of tender :... out of... tenders 3. Covering letter : Given / Not given 4. No.of pages : Validity of tender:... Signature of Marketing Executive Signature of Finance Executive ==================================================

3 3 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Index Page Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP Page No. This document consists of: Volume : I 1) Cost of Tender Document Form 1 2) EMD Submission Form 2 3) Index Page 3 4) Notice Inviting Tender 4 to 6 5) Instructions to Tenderers 7 to 11 6) Tender Form 12 to 13 7) Declaration of particulars 14 to 16 8) Terms and Conditions of Contract 17 to 44 Volume : II 9) Schedule of Rates 45 to

4 4 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP Notice Inviting Tender 1. Sealed tenders in the prescribed Form are invited from experienced / established agencies ( having either a valid IBA Registration or Value of Freight Earnings at least Rs 20,00,000/- (Rupees Twenty Lacs only), in any of the Last five financial years or in the current financial year) for Road Transportation of Steel materials from GHAZIABAD Stockyard, of RINL, VSP, located at 658 & 659, HAPUR DASNA BYE-PASS ROAD, NEAR MEHRAULI RAILWAY STATION, GHAZIABAD, to various destinations, as per the list given below : S.No. DESTINATION DISTANCE TRUCK TRAILER Qty X (Km) Indicative Distance Indicative Qty X Distance Qty (MT) (Km-MT) Qty (MT) (Km-MT) FOR/DLDs Locations 1 Delhi Gautam Budh Nagar Bagpat Meerut Bijnor Bulandshahr IBST 7 Faridabad Chandigarh Dehradun Jaipur TOTAL (Note: 1. By submission of tender, the tenderer submits their consent to carry out transportation for all the above destinations and for any no. of new destinations that may be added by RINL, VSP, from time to time, during the contract. 2. Distances shown above were ascertained based upon the distance and route Maps shown in the website and after due adjustments of the local distances. For new locations, distances will be measured in similar manner by RINL, VSP. By submission of 4

5 5 of 47 Tender, the Tenderer submits their consent to accept the distance calculation made by RINL, VSP as final and binding for the contract. 3. Every Transportation Order from Employer to the Contractor (I,e. Delivery Orders or Stock Transfer Advices) should be accompanied with a chronologically numbered Covering Note, giving details of Name and Address of the Consignee, Distance in Kms and Allowable Transit period, worked out as per the provisions of the Contract which will be binding on the contractor. 4. All Consignees within 20 Km radius from the above Locations will be treated as having same distance as mentioned above. 5. Quantities may vary to any extent on either side for the above locations and there will be no restriction on quantities for the new locations. ) 2. Availability of tender document: The tender document shall be available for sale in the Regional Office at the above address on all working days except on the last date for submission of tender. The tender document shall also be available on VSP's website for downloading on all days except on the last date for submission of tender. The tender documents downloaded from website shall be equally legally valid for participation in the tender process as tender documents purchased from the Company through manual process. For tender document downloaded from website, the Demand Draft towards the cost of tender document should be submitted along with the tender. 3. Cost of Tender Document: The cost of tender document Rs.500/-(Rupees Five Hundered only) should be paid by Account Payee Demand Draft / Pay Order drawn in favour of RASHTRIYA ISPAT NIGAM LIMITED, Visakhapatnam Steel Plant, on any Scheduled Commercial Bank (excluding Cooperative Banks), payable at Delhi. No other mode of payment shall be accepted. 4. Last Date and time for submission of tenders and time of tender opening: Upto Hrs on 06/12/2010 in the office of Regional Manager at the above address and opening of Part-I of the Tender will be done immediately thereafter. The Part-II will be opened at a later date with intimation to the eligible tenderers. 5. Contract Period: One Year (1 year) from the date of issue of Work Order. 6. Earnest Money Deposit : The tender shall be accompanied by Earnest Money Deposit of value Rs 17,500/- (Rupees Seventeen Thousand Five Hundred only) in the form of account payee Demand Draft drawn in favour of Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant on any Scheduled Commercial Bank (excluding Co-operative Banks), payable at Delhi. Tenders without Earnest Money Deposit shall be summarily rejected. 7. Special conditions: The tenderers should either have a valid IBA Registration or should have handled transport contracts with freight earnings of value not less than Rs 20,00,000/- (Rupees Twenty Lacs only) in any one of the preceding five financial years ( to ) or in the current financial year ( ). The tender documents should be accompanied by self attested (signed with date and seal) copies of. (i) Copy of Valid IBA Registration, if any. (ii) Certificate (original) from practicing Chartered Accountant certifying the value of freight earnings in the preceding five financial years or in the current financial year and also indicating the details of major transport contracts handled. (iii) Copy of audited accounts for the preceding five financial years. (iv) Notarized affidavit (Original) stating that the applicant is not under liquidation or court receivership or similar proceedings or debarred from participation in tenders by Government Departments and Public Sector Undertakings and that their financial net worth is not negative during the preceding three financial years. 5

6 6 of Contact Person : SHRI ARVIND PANDE, Phone Nos : Fax: The qualified transporters should produce the originals of the documents / certificates for verification by VSP whenever called for. Failure to do so, the same would result in disqualification and forfeiture of EMD. 10. Purchase preference will be given to PSU wherever applicable as per DPE Guidelines / or any other Government guidelines in force. 11. Rashtriya Ispat Nigam Limited will not be responsible for any delay, loss or non receipt of Tenders by post. 12. Rashtriya Ispat Nigam Limited reserves the right to issue / refuse to issue tender document and to accept or reject any or all tenders either in part or in full without assigning any reasons thereof and without any liability to Rashtriya Ispat Nigam Limited. Regional Manager (NR/ER/SR/WR/AR), RINL, VSP

7 7 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP INSTRUCTIONS TO TENDERERS Tender for 'Road Transportation of Iron and Steel materials of VSP. 1. The tenderer should fill in the "Tender Form" and "Declaration of Particulars" forming part of the tender documents. 2. The tenderer should duly sign on every page of the tender documents including the Terms and Conditions of Contract in token of acceptance thereof, along with the rubber seal of the Company / Firm, indicating the name and the status of the signatory. The rates quoted by the tenderer in the Schedule of Rates shall be both in figures and words and shall be free from corrections or erasures. In case of any discrepancy between rate quoted in figures and words, the rate quoted in words shall prevail. 3. The tenderer may, by prior appointment, discuss with the officers of VSP with a view to study for himself how the transportation is envisaged to be carried out and familiarize himself with the nature and magnitude of the services required of him including requirement of operational facilities. By submitting a quotation, it shall be deemed that the tenderer is fully familiar with all the work connected with the transportation of materials as well as matters pertaining to rules and regulations stipulated by the Government Authorities like Central, State or Local Authorities etc., and could perform the services covered under this contract in a careful, thorough workmanship like manner in conformity with accepted standard practices. After the tender is accepted, no claim shall be entertained for enhancement of the rates on account of work involved or any ground whatsoever, except to the extent specifically stipulated in this regard in the contract. 4. RINL, VSP shall neither assure nor guarantee any quantum of material that may be entrusted to the Contractor for transportation at any given time or throughout the period of the Contract. However an estimated firm quantity to be transported against each item is given in the Notice Inviting Tender, which the tenderer shall be deemed to have read and understood. The quantities given are purely indicative and projected only to enable the tenderer in arriving at the value of the tender and the approximate facilities required to be provided by him The Contractor shall have no claim against RINL / VSP, in case any of his equipment / equipments / facilities or labour remain idle or for any other expenses incurred by him due to the flow of work not being continuous or for stoppage of work. 5. RINL, VSP reserves the right to add or delete any destinations to the list of destinations mentioned in the Notice Inviting Tender, depending upon the requirement in future. The Tenderer will give consent by way of submission of the signed Tender Form, to accept and operate any no. of new destinations that may be added from time to time during the course of the contract and to accept 7

8 8 of 47 any extent of variation in quantities as well as for accepting the distance calculation made by RINL, VSP as final and binding. A Tender without such consent will be liable for rejection. 6. The tenderer should have his own Branch Offices or Authorized Agents at the originating stations and submit the list of existing Branch Offices and Authorized Agents. Wherever Branch Offices / Authorized Agents are not existing, the same should be opened / appointed within 7 days from the date of issue of work order. 7. Freight Earnings in Last five Financial Years : All Tenderers should submit a Certificate (original) from a practicing Chartered Accountant certifying the value of freight earnings in the preceding five financial years and in the current financial year and also indicating the details of major transport contracts handled. 8. IBA Registration or Minimum Freight Earning Condition : The tenderers should either have a valid IBA Registration, and submit a self certified copy of the same or otherwise the Tenderer s freight earnings in any one of the preceding five financial years ( to ) or in the current financial year ( ) should be of value not less than Rs 20,00,000/- (Rupees Twenty Lacs only), which is to be certified in the practicing Chartered Accountant s certificate. 9. Earnest Money Deposit : The tender shall be accompanied by Earnest Money Deposit of value Rs 17,500/- (Rupees Seventeen Thousand Five Hundred only ), in the form of account payee Demand Draft drawn in favour of Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant on any Scheduled Commercial Bank (excluding Co-operative Banks), payable at DELHI. Tenders without Earnest Money Deposit shall be summarily rejected. Previous deposits with VSP, if any, by way of Earnest Money, Security Deposit or any other kind of deposit or financial securities shall not be adjusted for this purpose and offers with such requests shall be treated as without EMD. In case of the successful tenderer the Earnest Money shall be retained by VSP till Security Deposit as stipulated in the Contract for due fulfillment of the contract is submitted by him. In case the tenderer fails to submit the security deposit in the prescribed time after VSP communicates acceptance of his tender, the Earnest Money Deposit shall be forfeited. Also, if the offer of the tenderer is withdrawn or varied before the validity date, the Earnest Money shall be forfeited. In the case of the unsuccessful tenderer the Earnest Money Deposit shall be refunded as early as possible. No interest shall be paid on Earnest Money Deposit. Government Undertakings / Enterprises are exempted from submission of Earnest Money Deposit. 10/(i). Security Deposit : The Contractor shall arrange to submit a Security Deposit for an amount of Rs 2,00,000/- ( Rupees Two Lacs only ) in the form of a Bank Guarantee, for proper performance of his obligations under this contract, from any Scheduled Commercial Bank (excluding Co-operative Banks), with a provision of the guaranteed amount payable at a branch of the Bank, located in GHAZIABAD ( the same location that of the Branch Sales office of RINL, VSP), in the format given at Annex A, in the tender document, within 15 days from the date of issue of LOI/Work Order and before movement of material from VSP. Security deposit BG shall be got confirmed by the Employer from the Banker, before the Contractor is allowed to execute the Contract and commence work. The Bank Guarantee submitted towards Security deposit as aforesaid shall be valid for a period of 6 (six ) months beyond the date of expiry of the contract. 10/ (ii). In case of failure of the Contractor to submit the Security Deposit within 15 days from the date of Letter of Intent / Work Order, the Company shall forfeit the EMD and terminate the contract at the risk and cost of the Contractor. In case of any loss / damage suffered by the Company due to any negligence / failure or non-performance on the part of the Contractor of any of the provisions of the agreement the Company reserves the right to recover such losses and damages from the Contractor by adjusting from Contractor s bills or by encashing the Bank Guarantee furnished by the Contractor. The decision of the Company as to the amount of the loss / damage suffered by the Company in such cases shall be final and binding on the Contractor. The recoveries set out above shall be without prejudice to the rights of the Company under the agreement or under law. 11. Notarized Affidavit : The applicant shall submit Original notarized affidavit (in Rs 100/- non judicial stamp paper) to be sworn in by any of the Director /Managing Director in case of companies, Managing Partner or any of the Partner incase of firms, Proprietor in case of proprietorship firm that 8

9 9 of 47 they are not under liquidation or court receivership or similar proceedings or debarred from participation in tenders by Government Departments and Public Sector Undertakings and that their financial net worth is not negative during the preceding three financial years. 12. At present Electronic tracking system is not implemented in VSP. In the event of VSP implementing any form of vehicle tracking system in future, the applicants may be required to adhere to certain mandatory requirements like punching, swiping of cards etc to enable the Electronic Tracking System to function, as advised by VSP from time to time. 13. The tenderer shall, along with the tender, furnish all the relevant documents called for. These shall inter-alia include the following documents. Wherever, a copy is submitted, the same shall be duly authenticated either by a Notary or by a Gazetted Government officer. (i) Cost of Tender Document as mentioned in Para 3 of Notice Inviting Tender (ii) Tender Document issued by VSP/Down loaded from VSP s web site, duly signed on all pages by the tenderer, including the Form of Tender, Declaration of Particulars and Terms and Conditions of Contract. (iii) Earnest Money Deposit, as mentioned at Para-9 above. (iv) Certificate (original) from practicing Chartered Accountant as mentioned at Para-7 above. (v) List of existing Branch offices as mentioned at Para-6 above. (vi) Copy of IBA Registration Certificate, if any, as mentioned in Para 8 above. (vii) Copy of audited accounts for the preceding five financial years incase of annual turn over is more than 40 lakhs. Incase annual turn over is less than 40 lakhs either of the following documents should be submitted (a)turn over certificate in the format, enclosed at Annexure-G Contract, duly issued by a practicing Chartered Accountant to the Terms and Conditions of (or) (b) Copies of TDS certificates, comprising of the Gross Bill values, issued by the Deductor for the works done by the tenderer. vi) A notarised affidavit (Original) as mentioned at para-11 above 14. Tenders incompletely / incorrectly filled in and not accompanied by all the documents called for shall be liable for rejection. The tenderer should in a position to produce originals of all the above documents after opening of the price bids if he is successful. Failure to produce the originals at this stage in support of the attested copies of the above documents submitted earlier would result in disqualification and forfeiture of EMD. 15. If it comes to the notice of VSP at any stage right from request for enlistment/tender document that any of the certificates/documents submitted by applicants for enlistment or by bidders are found to be false/fake/doctored, the party shall be debarred from participation in all VSP tenders for a period of 5 years including termination of contract, if awarded. EMD/Security Deposit etc, if any, shall be forfeited. The contracting agency in such cases shall make good to VSP any loss or damage resulting from such termination. Contracts in operation anywhere in VSP shall also be terminated with attendant fallouts like forfeiture of EMD/Security Deposit, if any, and recovery of risk and cost charges etc. Decision of VSP Management shall be final and binding. 16. The tender shall be submitted in two parts as follows: I) Part-I in a sealed envelope shall contain two sets (original + 1 copy) of the following: i) Covering letter. ii) Form of Tender. iii) Declaration of Particulars. 9

10 10 of 47 iv) All other documents and information except prices. Part-I shall also contain the following: i) Tender Document issued by VSP/Down loaded from VSP s website duly signed on all pages by the tenderer including the Terms and Conditions of Contract in token of acceptance. ii) Earnest Money Deposit. iii) Cost of the tender document if it is down loaded from company s website This envelope shall be super scribed as Part-I of the tender. II) The tenderer should not alter the Terms and Conditions of Contract and other documents given in the Tender Document issued by RINL, VSP / Down loaded from company s Web Site. If he wishes to stipulate any deviations to the Terms and Conditions of Contract etc., the same should be given in the covering letter forming part of Part-I of the tender. RINL/VSP reserves the right to accept / reject the deviations. Further, if the tenderer fails to withdraw the deviations, on being requested to do so, RINL/VSP shall have the right to reject the tender. III) Part-II in a separate sealed cover shall contain Schedule of Rates duly filled in. No conditions shall be enclosed in the price bid. This envelope shall be superscribed as Part-II of the tender. The envelopes containing Part-I & II of the tender shall be kept in a third envelope and sealed. All the three envelopes shall be superscribed with "Tender for Road Trasportation of Iron and Steel materials of VSP". Tender Reference No., and Tender Submission Date shall also be mentioned on all three envelopes. 17. Validity Period of Tender : Tenders should be kept valid for a period of 90 (Ninety) days from the last date for submission of price bid / revised price bid. 18. The tender is being invited for a number of transportation items put together as indicated in the Annexure I for the sake of convenience. However, the offers received for each item shall be evaluated independently and contract (s) shall be awarded independently for each item. There will be only one transporter to each item. However there is no restriction in award of number of items to transporters in the event of they being L-1. Incase of tie for L-1 position, the work will be uniformly distributed amongst all the L-1 tenderers 19. In case of any cartel formation is noticed, VSP reserves the right to cancel the Tender 20. However, RINL/VSP reserves the right to accept / reject any or all tenders either in part or in full without assigning any reasons thereof and without any liability to Rashtriya Ispat Nigam Limited. 21. RINL/VSP reserves the right to negotiate with the Central Government Departments / Central Public Sector Undertakings / Enterprises with a view to match their price with the lowest tender and award the work, as per the guidelines issued from time to time by Government of India. 22. The company requires that bidders /suppliers /contractors under this contract observe the highest standard of ethics during the execution of this contract. In pursuance of this policy, the Company defines, for purpose of these provisions, the terms set forth below as follows. Corrupt practice means the offering, giving, receiving or soliciting of any thing of value to influence the action of a Public official in contract execution and fraudulent practice means a misrepresentation of facts in order to influence the execution of a contract to the detriment of the Employer, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Company of the benefits of free and open competition. The Company will reject a proposal for award of work if it determines that the bidder recommended for award had engaged in corrupt or fraudulent practices in competing for the tender in question. The Company will declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded contract(s) if at any time determines that the applicant has engaged in corrupt, or fraudulent practices in competing for, or in executing, the contract. 10

11 11 of Indemnity Bond for Statutory Compliance : The Contractor shall carry out, perform and observe the provisions of all Labour Laws / applicable Acts / Statutes, whichever applicable, like Payment of Wages Act 1996, Workmen s Compensation Act or ESI Act, Contract Labour ( Regulation and Abolition ) Act,1970, Employees Provident Fund Act (1952) etc, or any other enactment passed by Parliament or State Legislature and any rules made there under by the appropriate Government in any way affecting the Labourers employed by the Contractor and shall indemnify and keep the Employer indemnified against any liability that may be imposed upon the Employer by Law or by Government for non observance by the Contractor of any of the provisions of the various Laws / Acts / Statutes aforesaid or for the Contractor s failure in ensuring compliance as aforesaid and reimburse and discharge all sums that may be claimed or awarded or decreed by appropriate authorities in any manner whether as penalty, fine, levy, demands or compounding fee, arising out of or consequent upon breach of the requirements and provisions of any Statutes, Laws, Rules & Regulations by the Contractor / his representative. In this regard the Contractor will be required to furnish an Indemnity Bond as per the format in Annexure F of Terms and Conditions of Tender, after issue of the Work Order by the Employer, but before commencement of actual operation of the contract. 24. Integrity Pact : The successful Tenderer shall be required to enter into an Integrity Pact with Rashtriya Ispat Nigam Ltd, Visakhapatnam Steel Plant, in the format given at Annexure G in the Terms and Conditions of Contract. The tenderer is required to unconditionally accept the Integrity pact enclosed at Annexure-H to the tender document and shall submit the same duly signed along with his offer. The offer of the tenderers received without integrity pact duly signed shall not be considered

12 12 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP TENDER FORM From To The Regional Manager (Marketing) Marketing Department Visakhapatnam Steel Plant Delhi Dear Sir, Sub: Tender for Road Transportation of Steel materials of VSP Ref: NIT along with terms and conditions for appointment of transporters vide tender no In response to your tender notice no...dtd... inviting offers for Road Transportation of Steel materials of VSP, I/We...a Company / Partnership Firm / an Association /Sole Pro prietor (in the case of a firm, an association or a syndicate, please set out here full names of all partners or members) carrying business at hereby submit our offer in the prescribed proforma at the rates quoted in the schedules attached thereto. I / we agree that this offer shall be valid for a period of ninety (90) days from the last date for submission of Price Bid / Revised Price Bid. I / we hereby declare that we have read and understood and agreed to abide by and fulfill your Terms and Conditions of Contract for Road Transportation of Iron and Steel materials of VSP, which shall be deemed to form an integral part of this offer and I/we return herewith one copy thereof duly attested on each page as token of my/our acceptance thereof. I / we hereby further agree to notify you at any time whether before or after acceptance of my / our tender of any change in the constitution of my/our firm, association/syndicate, either by death, exclusion or retirement of any partner or member or by the admission of a new partner or member (this clause shall apply where the tenderer is a firm/association or syndicate). 12

13 13 of 47 I/We hereby give our consent to accept and operate the transportation work for all the destinations mentioned in this Tender Document, as well as for any no. of new destinations that may be added by RINL, VSP in future at the agreed rate of the contract and the distance calculation for each destination as decided by RINL, VSP shall be final and binding on us. I/We further accept that the indicative volumes shown for each destination in this tender document may vary to any extent, without any restrictions, during the course of the contract and it may be possible that no material would be sent to some destinations whereas some new destinations may be added without any restriction on quantities. I/we enclose herewith an Account Payee Demand Draft / Pay Order on... Bank of Rs.../- (Rupees... only) in favour of RASHTRIYA ISPAT NIGAM Ltd., Visakhapatnam Steel Plant, payable at...being Earnest Money Deposit for -no of items quoted, as per the details in Declaration of Particulars. Date: Yours faithfully, Signature and seal Encl: Terms and conditions of Contract and Schedule of Rates duly signed with seal on each page in two separate sealed envelopes. of the tenderer 13

14 14 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP DECLARATION OF PARTICULARS 1. Details of Tenderer: A) In the case of Individuals i) Full Name, Address & Place of : Business ii) Previous Experience (Details to be : furnished) B) In case of Partnership Firms: i) Full Name, Address & Share of each : Partner ii) Previous experience of Firm & : Partners (Details to be furnished) iii) Attested copy of Partnership Deed enclosed : Yes / No iv) Particulars of Registration of the : Firm under the Partnership Act. C) In case of companies: i) Date of Registration, including : Date of Commencement Certificate in case of Public Companies (Certified copies of Memorandum and Articles of Association and certificate of incorporation / commencement of business to be submitted) ii) Nature of business and provision of : Memorandum of Association thereto iii) Name, particulars & address of all : the Directors iv) Previous experience (Details to be : 14

15 15 of 47 furnished) v) Authorised, Subscribed & Paid up : capital vi) If nature of business covered in : the tender differs from the business for which the Company is registered Central Government registration to that effect to be submitted. 2. Are you doing business in any other : name? If so, details thereof and extent of interest of Directors / Partners / Sole Proprietor of the applicant, in those businesses to be furnished 3. Are you / your partners / directors hav- : ing any relatives working in RINL, VSP. If so, furnish details 4. Name and address of Bankers : 5. Details of transport contracts handled with details of freight earnings during the preceding five financial years and the current financial year Freight Earnings in : : : : : : 6. Turn-over during each of the last five financial years Turnover in : : : : : 7. Indicate your Income Tax Permanent Account No : 8. List of Branch Offices or authori : -sed agents at Visakhapatnam as well as at the Destination Branches (mentioned at Annexure G), their addresses & contact phone nos to be enclosed. 9 Are you willing to open Branch Offices / : appoint authorised agents within 7 days of placement of order, wherever Branch Offices / authorised agents are not existing, as above 10. Are you under liquidation or court receivership 15

16 16 of 47 or similar proceedings or debarred from partici pation in tenders by Government Departments and Public Sector Undertakings, has your financial net worth been negative during the preceding three financial years (a notarized affidavit shall be enclosed) 11. Do you own any trucks and trailers : If so, furnish details of Make, Capacity, Registration No. 12. Are you willing to submit Security : Deposit, for due fulfillment of contract, as mentioned in the appendix for all the items awarded to you. 13. Are you willing to submit an Indemnity Bond in the format given in Annexure : F of the Tender Documents indemnifying RINL, VSP from Any loss / penalty arising out of any Non Compliance in statutory matters by you? : 14. Are you willing to sign an Integrity Pact RINL, VSP? : Date: For Signature Full Name Seal/Rubber Stamp 16

17 17 of 47 RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT (A Govt. of India Enterprise) Regional Office: North 4 th Floor, 4 th Tower, NBCC Plaza Sector 5, Pusp Vihar Saket, New Delhi Phone: Fax: ronorth@vizagsteel.com Visit us at Ref: Open Tender Notice No: VSP/MKTG/RO(N)/TRN/ 07 Dt Sub: Open Tender for Road Transportation of Steel Materials from GHAZIABAD Stockyard of RINL, VSP TERMS AND CONDITIONS OF CONTRACT 1.1 This document specifies only the scope of work and the terms and Conditions under which the contract work shall be executed by the Contractor. 1.2 In the Contract the following words and expressions shall have the meaning hereby assigned to them except where the context otherwise requires: 1.3 The "Employer" shall mean Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant having its Registered Office at Administrative Building, Visakhapatnam Steel Plant, Visakhapatnam (AP). 1.4 The "Contractor" shall mean the person / persons / firm or Company whose tender has been accepted by the Employer and includes the Contractor's representative(s), successors and permitted assignees. 1.5 The Engineer Incharge shall mean I/c Logistics section, Marketing Dept, RINL 2.1 In consideration of the payments to be made by the Employer the Contractor shall be responsible for transportation of all types of Iron and Steel materials of the Employer as may be required by him. 2.2 The contract rates agreed shall be deemed to be inclusive of the cost of discharging all the general duties for performing the work envisaged efficiently, under the agreement. 2.3 All the material shall be deemed to be in the possession of the Contractor and in his care and custody, at his risk and responsibility from the moment these have been delivered to and accepted in writing by the Contractor or his representative at the loading point and till such time these are delivered to the Consignee under proper acknowledgement. 2.4 It shall be deemed that the Contractor is fully familiar with all the work connected with the transportation of materials as well as matters pertaining to rules and regulations stipulated by the Government Authorities like Central, State or Local Authorities etc., and could perform the services covered under this contract in a careful, thorough workmanship like manner in conformity with accepted standard practices. For this purpose, the Contractor shall provide the requisite number of trucks / trailers and manpower. No claim shall be entertained for enhancement of the rates on account of work involved or any ground whatsoever, except to the extent specifically stipulated in this regard herein below RINL, VSP shall neither assure nor guarantee any quantum of material that may be entrusted to the Contractor for transportation at any given time or throughout the period of the Contract. However an estimated firm quantity to be transported against each item is given in the Notice Inviting Tender, which the tenderer shall be deemed to have read and understood. The quantities given are purely indicative and projected only to enable the tenderer in arriving at the value of the tender and the approximate 17

18 18 of 47 facilities required to be provided by him The Contractor shall have no claim against RINL / VSP, in case any of his equipment / equipments / facilities or labour remain idle or for any other expenses incurred by him due to the flow of work not being continuous or for stoppage of work RINL, VSP reserves the right to add or delete any destinations to the list of destinations mentioned in the Notice Inviting Tender, depending upon the requirement in future. The Tenderer will give consent by way of submission of the signed Tender Form, to accept and operate any no. of new destinations that may be added from time to time during the course of the contract and to accept any extent of variation in quantities as well as for accepting the distance calculation made by RINL, VSP as final and binding. A Tender without such consent will be liable for rejection. 2.7 The mere mention of transportation to any destination in this Contract does not by itself confer the right on the Contractor to demand that the transportation of all the material to the destination should necessarily or exclusively be entrusted to him at all times. 3. Contract Period : The contract period shall be for a period of One ( 1) year. However, the Employer shall have the option to terminate the Contract at any time during the period of the Contract by giving one week written notice without assigning any reason. No compensation shall be payable on this account Security Deposit : The Contractor shall arrange to submit a Security Deposit for an amount of Rs 2,00,000/- (Rupees Two Lacs only) for proper performance of his obligations under this contract, in the form of a Bank Guarantee from any Scheduled Commercial Bank (excluding Co-operative Banks), with a provision of the guaranteed amount payable at a branch of the Bank, located in GHAZIABAD ( the same location that of the Branch Sales office of RINL, VSP), in the format given at Annex A, in the tender document, within 15 days from the date of issue of LOI/Work Order and before movement of material from VSP. Security deposit BG shall be got confirmed by the Employer from the Banker, before the Contractor is allowed to execute the Contract and commence work. The Bank Guarantee submitted towards Security deposit as aforesaid shall be valid for a period of 6 (six ) months beyond the date of expiry of the contract In case of failure of the Contractor to submit the Security Deposit within 15 days from the date of Letter of Intent / Work Order, the Company shall forfeit the EMD and terminate the contract at the risk and cost of the Contractor. In case of any loss / damage suffered by the Company due to any negligence / failure or non-performance on the part of the Contractor of any of the provisions of the agreement the Company reserves the right to recover such losses and damages from the Contractor by adjusting from Contractor s bills or by encashing the Bank Guarantee furnished by the Contractor. The decision of the Company as to the amount of the loss / damage suffered by the Company in such cases shall be final and binding on the Contractor. The recoveries set out above shall be without prejudice to the rights of the Company under the agreement or under law. In the event of any amount being adjusted against SD the Contractor shall immediately thereafter make good the amount so adjusted and on the Contractor s failure to do so the Employer shall have the option to terminate this Contract. 4.3 The Security Deposit shall be refunded only after the expiry / termination of the Contract and satisfactory performance of the work and on completion of all the obligations by the Contractor under the terms and conditions of the Contract. The decision of the Employer regarding satisfactory completion of the work is final and binding on the parties. Before refund of the Security Deposit the Contractor shall submit a No Claim Certificate in the format at Annexure-B, to the effect that no claim by him is pending for consideration by the Employer. No interest shall be payable on the Security Deposit. 5.1 The contractor shall maintain his own Branch Offices / Authorised Agents at originating stations through out the period of contract. Wherever Branch offices / Authorised Agents are not existing, the same shall be opened / appointed within 7 days from the date of placement of order. 5.2 The Contractor shall keep responsible and experienced representatives at their Branch offices at all times to give necessary information and to take directions from the Employer. 6.1 The Engineer-in-charge for the contract is Senior Branch Manager, RINL, VSP, BSO, Ghaziabad. The Contractor shall be responsible for collection of Delivery Orders / Stock Transfer Advices (STAs) / Despatch Advices (DAs) / etc. from the concerned office on daily basis, details of which shall be 18

19 19 of 47 recorded in a register by RINL, BSO GHAZIABAD/ Stockyard at GHAZIABAD. Failure to collect STAs / DAs / LSGP shall not absolve the Contractor from the consequences arising from such failures. 6.2 The contractor shall lift the DO / STA quantity within 5 days from the date of issue of DO/STA. A Penalty of Rs.40/- per MT per Day shall be imposed on the Contractor (subject to a maximum of 10% of the freight) for the quantity not lifted within the time stipulated in the STA / DA. Stock Transfer Challan (STC) / Delivery Challan (DC) date shall be considered as the date of lifting. However, STA/DO shall be closed by 10th day from the date of issue and the contractor will not be permitted to lift the material against such closed STA/DO, unless otherwise approved by the Engineer I/c. The penalty, if any, shall be intimated by Stockyard In-Charge of RINL,VSP to the Engineer In Charge for effecting recovery from the transportation bills. If the amount falls short, the same shall be recovered from SD. 6.3 Transit Period : Date of Loading + 1 Day for --- Distance less than 100 Km Date of Loading + 2 Days for --- Distance less than 200 Km Date of Loading + 3 Days for --- Distance less than 400 Km Date of Loading + 4 Days for --- Distance less than 600 Km Date of Loading + 5 Days for --- Distance less than 800 Km Date of Loading + 6 Days for --- Distance less than 1000 Km Date of Loading + 7 Days for --- Distance less than 1200 Km These Transit periods are for Transportation by Truck. For Transportation by Trailer, One (1) extra day for each slab upto 600 Km and two extra days for slabs above 600 Km, shall be allowed. Every Transportation Order from Employer to the Contractor (I,e. Delivery Orders or Stock Transfer Advices) should be accompanied with a chronologically numbered Covering Note, giving details of Name and Address of the Consignee, Distance in Kms and Allowable Transit period. 6.4 For delay beyond the above specified time, penalty shall be levied at the rate of 3% of the freight charges for every week or part thereof of the delay beyond the above specified time, subject to a maximum of the freight charge, except in case of force-majeure. Only major accidents / major breakdowns of the vehicle and other natural calamities like floods etc., shall be considered as forcemajeure, which shall be intimated to the Employer by Telegram / Fax / In case of non-delivery of material one month after expiry of transit time, the material shall be treated as shortage and recovery shall be made from the Contractor in accordance with Clause No.9 hereof. 6.6 The Contractor shall ensure that the following documents accompany the vehicle: (a) Employers Stock Transfer Challan (STC) / Delivery Challan (DC) b) Lorry Receipt (L/R) indicating the following details: i) Truck / Trailor Registration no ii) Date of despatch. iii) Number of Pieces / Coils / Bundles, Measurements (if not standard) and Weight of material despatched c) Test Certificate for the material despatched, whenever the same is given by the Employer. d) Way Bill issued by Sales Tax Department/CTD. Copy of invoice wherever applicable. 6.7 After unloading of the material at the destination, the Contractor shall handover the documents as listed at Clause No. 6.7 to the Consignee. The Contractor shall also obtain the following documents from the Consignee: a) Acknowledgement from the authorised representative of the Consignee along with his name and rubber stamp with the following details on another copy of Lorry Receipt (L/R): i) Date of delivery to the Consignee. ii) Number of Pieces / Coils / Bundles, Measurements (if not standard) and Weight of material delivered to the Consignee. b) Weighment Slips of the Consignee in support of the Weights acknowledged on the Lorry Receipt (L/R). 19

20 20 of Normally, loading of materials on to the Contractors' vehicle at the originating stations and unloading of materials at the destination stations shall be arranged by the Employer / Customer. In case unloading of materials at the destination station is required to be arranged by the Contractor, the same shall be indicated in the indent / Despatch Advice and the Contractor shall be paid for the same at the rate indicated in the Schedule of Rates. Under no circumstances, demurrages / detention charges shall be payable to the Contractor under this Contract For transportation of Steel material within 6-mtr length (like Blooms, Wire Rod / Rebar Coils, Cut Billets-125x125, Cut / Bent Rebars, Rounds, Cut Angles, Channels, Beams, Squares), payment shall be made under the Item 'By truck' For transportation of Steel material beyond 6 mtr length (like Billets-125x125, Rebars, Rounds, Angles, Channels, Beams, Squares) payment shall be under Item 'By trailor' The Contractor shall not load any other cargo belonging to any other party in the vehicle carrying the Employer's material. All material in Coils shall be transported by Trucks. All full length material (including assorted), and cut materials having length beyond 6 mtrs, shall be transported by Trailer. The Employer will have its discretion to dispatch material in Bent/Cut conditions by Trucks or Trailer as per the requirement. Coil material shall not be dispatched by trailer under any circumstances The Contractor shall allow the Employer's representative to travel as escort, free of cost, as and when required by the Employer Transhipment of goods enroute from one vehicle to another vehicle shall not be allowed. The vehicle Registration No., in which material is loaded shall be mentioned in LR / STC / DC. In case any transhipment becomes inevitable due to breakdown etc., enroute it shall be done only with prior approval of the Employer (Branch Manager of the Originating Station) after furnishing the reasons for transhipment The Contractor shall submit a fortnightly report with complete details regarding delivery position of all the consignments taken by him. 7.0 SHORTAGE/DAMAGES: 7.1 The weights, number of pieces / bundles / coils, measurements and soundness of materials / goods / consignments mentioned in the STC / DC of the Employer shall be the basis for assessing the losses in transit and for recovery of damages / compensation thereof. The Contractor shall be responsible for any discrepancies found at destinations in respect of weight, number of pieces / bundles / coils, measurement and soundness of the materials / goods / consignments. The Contractor shall also be responsible for checking the packing conditions of materials before he takes elivery of the same for transportation. Once the materials are accepted for transportation by the Contractor they shall be deemed to have been handed over by the Employer in sound condition unless otherwise pointed out by the Contractor at the time of taking delivery from the Employer at the loading point and recorded in the LR / STC / DC. Payment against Contractor s Bills shall be made after recoveries towards shortages, if any. 7.2 Since there is a possibility of variation between the weighing scales at the despatching station and destination station, no recovery shall be made from the Contractor for shortage by weight in any truck / trailor within the tolerance limits of 0.10% for Steel. However, the number of pieces / coils / bundles, measurements and soundness of materials / goods / consignments delivered shall tally with those despatched. For shortage by weight in any truck / trailor beyond the tolerance limits, recovery shall be made from the Contractor at 125% of the Price mentioned in STC / DC. No credit shall be given to the Contractor for excess by weight in any truck / trailor. The shortage by weight in truck / trailor shall not be adjusted with excess by weight in another truck / trailor. In case of damage to the material, damages as assessed by the Employer shall be recovered from the Contractor, from his Bills/Security Deposits. If such sum is not sufficient to cover the full amount recoverable, the Contractor shall on demand pay the balance due to the Company. The decision of Company on Loss/Damages/Shortages shall be final and binding on the Contractor. 20