BIDDING DOCUMENT FOR SUPPLY AND DELIVERY COAL MILL ROLLER AND COAL MILL LINER BID RE- INVITATION NO.: 26-2/ UDAYAPUR CEMENT INDUSTRIES LIMITED

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1 - 1 - BIDDING DOCUMENT FOR SUPPLY AND DELIVERY OF COAL MILL ROLLER AND COAL MILL LINER BID RE- INVITATION NO.: 26-2/ UDAYAPUR CEMENT INDUSTRIES LIMITED HEAD OFFICE JALJALE, UDAYAPUR, NEPAL. PHONE : , , FAX : ucil01@ntc.net.np or Contact Point: Lainchaur Kathmandu Phone No : /

2 - 2 - TABLE OF CONTENTS S. No. DESCRIPTION I II III IV V VI VII VIII BID INVITATION NOTICE INSTRUCTIONS TO BIDDERS COVERING LETTER FORM OF CONTRACT. FORM OF BID SECURITY FORM OF PERFORMANCE SECURITY SPECIFICATION SCHEDULE OF ITEMS

3 - 3 - I. BID INVITATION NOTICE

4 - 4 - BID RE- INVITATION NOTICE FOR THE SUPPLY AND DELIVERY OF COAL MILL ROLLER AND COAL MILL LINER UNDER TENDER NO. : 26-2/ (First Publication Date : / / ) 1. Wax sealed bids are re-invited from the reputed ISO Certified Manufacturer Company in Casting and / or their authorized dealers / agents or reputed suppliers for the supply and delivery of Coal Mill Roller and Coal Mill Liner at Plant Site, Jaljale of Udayapur Cement Industries Ltd.(UCIL), Jaljale, Udayapur, Nepal. 2. The bidders must submit the catalogue, leaflets, the authentic / relevant document showing the sources of supply of the proposed items, relevant technical data & other information, if any, of the proposed items along with the bidding documents. The above mentioned documents should be original or having authorised approval. 3. Bidding documents can be purchased upon written request accompanied by renewed certificate of firm registration & VAT/PAN certificate in case of Nepalese bidders and firm registration and export certificate in case of non Nepalese bidder on payment of non-refundable Cash as specified below from Head Office, Jaljale, Udayapur and Contact Point Lainchaur KTM. The bidding documents should be submitted in UCIL, Head Office, Jaljale, Udayapur. 4. Bid offer along with bid bond amounting to 2.5% of the total price quoted (Excluding VAT) in the form Bank Guarantee issued by any "A" Class Nepalese Commercial Bank or Bank Voucher evidencing of the amount being deposited in Current Account No.: C of Udayapur Cement Industries Ltd. in Sunrise Bank Ltd., Udayapur Branch, Jaljale, Udayapur, Nepal,Current Account No.: of Udayapur Cement Industries Ltd. in Global Bank Ltd., Udayapur Branch, Gaighat, Udayapur, Current Account No.: C of Udayapur Cement Industries Ltd. in NIC Bank Ltd., Udayapur Branch, Gaighat, Udayapur,& Current Account No.: of Udayapur Cement Industries Ltd. in Nepal Investment Bank Ltd., Udayapur Branch, Gaighat, Udayapur,Nepal for Nepalese bidders and 5% of the total price quoted and shall be in the form of either the guarantee given by the bank authenticated by "A" Class Nepalese Commercial Bank or Bank Voucher as above for non-nepalese bidders. Bids must reach within stipulated date and time. Received Bids will be publicly opened at UCIL, Head Office, Jaljale, Udayapur in the presence or even in the absence of attending bidders or their authorized representative. If the bids selling, submission and opening day (to be counted from the first publication date of this notice) mentioned below will fall on nonworking day of UCIL, the same will be done respectively on the next working day at the same time and place. 5. The Proforma Invoice should be submitted along with the bid offer. 6. The price validity should be valid for 90(Ninety) days and bid bond validity should be valid for 120 (One Hundred and Twenty) days from the bids last submission date. 7. Bidder non - compliance with the requirements of the bid documents, conditional and partial offer other than mentioned in the tender document may lead to rejection of the bid. 8. UCIL reserves the right to accept or reject, partly or wholly or any all bids without assigning any reason whatsoever. Re-Bid No.: Description Last Selling Date Last Submission Date Opening Date Cost of Bidding Document Delivery 26-2/ Coal Mill Roller and Coal Mill Liner 15 th days 13:00 Hrs. 15 th days 14:00 Hrs. 15 th days 15:00 Hrs. UDAYAPUR CEMENT INDUSTRIES LIMITED HEAD OFFICE JALJALE, UDAYAPUR, NEPAL PHONE : , , FAX : ucil01@ntc.net.np NRs. 1,500/- or Contact Point: Lainchaur Kathmandu Phone No : / (One Hundred and Twenty) days

5 - 5 - II. INSTRUCTION TO BIDDERS

6 - 6 - INSTRUCTION TO BIDDERS Bid offers received by UCIL will be considered to be based on and in contract with the followings unless anything is specifically mentioned in the offer. 2.1 The bid document includes: a. Bid invitation notice No: Coal Mill Roller and Coal Mill Liner 26-2/ b. Instructions to Bidders. (II) Covering Letter (III) Draft of Contract. (IV) Form of Bid Security (V) Form of Performance Security (VI) Specification (VII) Schedule of Items 2.2 (I) Overseas Bidders must quote the price in their own currency or in US $ on the basis of CIF Plant Site, Jaljale, Udayapur, Nepal. Excluding unloading charge at the place of final delivery, custom duty, VAT and other taxes leviable in Nepal. However clearing, forwarding and transportation charge from Calcutta port to final destination must be quoted either in Indian currency or in Nepalese currency. (II) a. Indian bidders must quote the price in Indian currency only on the basis of CIF Plant Site, Jaljale, Udayapur Nepal Excluding unloading charge at the place of final delivery, custom duty,vat and other taxes leviable in Nepal. Bids from India in currencies other than Indian currency will be rejected. b. Indian bidder should state the detailed break-up of price quoted i.e. cost including packing taxes & duties (Rate of percent and amount of all taxes and duties should be shown separately) insurance and transportation charges etc. Sales tax should not be included as this is not applicable in case of supply to Nepal. UCIL shall furnish the supplier the custom clearance certificate (CCC) issued by custom office of Nepal if necessary. Nepalese bidders must quote the price in the Nepalese currency on the basis of CIF Plant Site, Jaljale, Udayapur Nepal delivery basis including all taxes and duties (Even VAT) leviable in Nepal but excluding unloading charges at the place of final delivery. However Nepalese bidders must indicate separately the amount included in the offer on account of custom duty VAT and all other charges. (a) Price quoted by the bidder shall remain firm and valid for 90(Ninety) days from the bids last submission date. Non-Nepalese bidders must mention the name & address of their local agent in Nepal if any and the rate amount and currency of the commission payable to agent. Nepalese bidders must mention the name & address of the Principal party and their intention and approval to supply the quoted goods. (IV) The Original Proforma Invoice of the proposed items should be submitted along with the bid offer in the both cases when the bidder is a non-nepalese entity or when the bidder is a local Nepalese firm bidding on the behalf of its foreign Principal Company in non-nepalese currency. (III) 2.3 The sealed bid should be accompanied with "Bid Bond" amounting to 2.5% of the total price quoted (Excluding VAT) in the form Bank Guarantee issued by any "A" Class Nepalese Commercial Bank or Bank Voucher evidencing of the amount being deposited in Current Account No.: C of Udayapur Cement Industries Ltd. in Sunrise Bank Ltd., Udayapur Branch, Jaljale, Udayapur, Nepal,Current Account No.: of Udayapur Cement Industries Ltd. in Global Bank Ltd., Udayapur Branch, Gaighat, Udayapur, Current Account No.: C of Udayapur Cement Industries Ltd. in NIC Bank Ltd., Udayapur Branch, Gaighat, Udayapur,& Current Account No.: of Udayapur Cement Industries Ltd. in Nepal Investment Bank Ltd., Udayapur Branch, Gaighat, Udayapur,Nepal for Nepalese bidders and 5% of the total price quoted and shall be in the form of either the guarantee given by the bank authenticated by "A" Class Nepalese Commercial Bank or Bank Voucher as above.the bid bond should be valid for 120(One Hundred and Twenty) days from the bids last submission date. Bid bond submitted by finance company will be rejected.

7 The bid offers not completing the required documents and without valid bid bond will be rejected. 2.5 Bid bond submitted by unsuccessful bidders will be released only after signing of the contract with the successful bidder. 2.6 Bid bond submitted by the successful bidder will be released after submission of a Performance Bond & signing of the contract. 2.7 The Bid bond may be forfeited. (a) If a bidder withdraws its bid offer and / or does not attend the clarification / negotiation during the period of bid validity. (b) (i) (ii) (iii) If the successful bidders fails; To sign the contract and /or To submit the performance security and To submit the VAT registration Certificate (Applicable only in case of Nepalese's bidders) 2.8 The bidders must submit the catalogue, leaflet, the authentic / relevant doucment showing the sources of supply of the proposed items, relevant technical data & detailed drawings, if any, of the proposed item along with the bidding documents. The above mentioned documents should be original or having authorised approval. 2.9 Successful bidder must submit the performance bond (Amounting to 5% of the total order value in case of a Nepalese bidder and 10% in case of non-nepalese bidder) within 15 (Fifteen) days from the date of letter of intent in the form of bank guarantee provided herein or other form acceptable to UCIL. The performance bond submitted by the successful bidder must be issued or counter guaranteed by any Nepalese bank and must remain valid till the successful completion of the entire supply. Performance bond submitted by finance company will be rejected. a) Successful Nepalese bidder who does not have VAT certificate must registered in VAT office and submit the said certificate along with the performance bond: 2.10 All formats attached with the bidding documents must be filled out (Wherever necessary) and signed by the bidder Bidder non - compliance with the requirements of the bid documents, conditional and offer other than mentioned in the tender document may lead to rejection of the bid Expenses incurred in connection with the preparation and delivery of bid shall be borne by the bidder Bid should be submitted in wax sealed envelope duly marked as "Bid offer for Coal Mill Roller and Coal Mill Liner (Invitation Notice No. : 26-2/ dated / / 2012) Bidders should submit renewed certificate of firm registration, VAT, PAN certificate, Agency or Dealership Certificate or Authorization letter from the manufacturer or Agent or Dealer with bidding documents 2.15 UCIL reserves right to accept any bids wholly or partially (on the pre approval of the bidder) or reject any bids without assigning any reason whatsoever.

8 - 8 - III. COVERING LETTER

9 - 9 - Date:-... The General Manager, Udayapur Cement Industries Ltd. Head Office, Jaljale, Udayapur, Nepal Sub : Bid for supply and delivery of Coal Mill Roller and Coal Mill Liner at Plant Site, Jaljale, Udayapur, Nepal. Dear Sir, As per your notifications No.: 26-2/ dated././ 2012 in the Gorkhapatra we hereby submit our bid offer for the supply and delivery of Coal Mill Roller and Coal Mill Liner for a total value of Rs (In words).. for your consideration. We declare that offer is based on instructions / information given in the bidding documents for Bid Invitation Notice No. : 26-2/ including provisions of the draft contract form attached with the bid documents. We also confirm that the quoted price will remain valid for 90(Ninety) days from the bids last submission date. As per your requirement, we have attached herewith bid security in the form of provided in the bid document. We understand that UCIL has the right to accept or reject any bid without giving any reason whatsoever. Thanking you. Very Truly Yours, Seal (Stamp) For and on behalf of

10 IV. FORM OF CONTRACT

11 CONTRACT FOR SUPPLY & DELIVERY OF COAL MILL ROLLER AND COAL MILL LINER UNDER TENDER NO. : 26-2/ This contract (Hereinafter called "The Contract") made on between Udayapur Cement Industries Ltd.(UCIL), Jaljale, Udayapur Nepal (Hereinafter called "The Buyer") on one part and (Hereinafter called "The Supplier") on the other part. WHERE AS: A. UCIL has requested the supplier for the supply and delivery of Coal Mill Roller and Coal Mill Liner at Plant Site, Jaljale, Udayapur, Nepal. B. The supplier has agreed to supply and deliver the Coal Mill Roller and Coal Mill Liner on the terms and conditions set forth in this contract. Now, therefore, the parties hereby agree here to as follows: 1. QUANTITY & SPECIFICATION/ CHEMICAL COMPOSITION OF COAL MILL ROLLER AND COAL MILL LINER: S. N. Description Specification Unit Quantity Remarks 1. Coal Mill Roller Dimension & Chemical Composition Pcs. 3(Three) 2. Coal Mill Liner are as per attached drawing. Pcs. 9(Nine) Product Should be ISO Certified in Casting & Test report from SGS. 2. PRICE: Price shall be total value of & NRs. CIF Plant Site, Jaljale, Udayapur, delivery basis excluding unloading charge and VAT. 3. PACKING: Packing should be as per International standard. 4. DELIVERY PERIOD: Total quantity must be deliver within 120(One Hundred and Twenty) days at UCIL' s Plant Site, Jaljale, Udayapur, Nepal from the date of letter of credit or the date of contract Agreement 5. PAYMENT: Payment shall be made by A/C payee cheque after presentation of following documents and receipt & acceptance of the entire material by UCIL, deducting income tax and other taxes leviable in Nepal. i) Tax Invoice ii) Challan iii) Test & Product guarantee certificate issued by manufacturer. iv) Authorization latter issued by the Manufacturing Company. v) ISO Certificate vi) Country of Origin Certificate issued by Chamber of Commerce of goods manufacturing country. vii) SGS Certificate should certify dimension and chemical composition of Roller and Liner. 6. INSPECTION: UCIL reserves the right to inspect the Coal Mill Roller and Coal Mill Linerat the place of manufacture and also if require UCIL may appoint third party inspector to carry out the tests in their laboratory. Such inspection will be borne by UCIL.

12 PERFORMANCE SECURITY: The supplier has submitted performance bond no. issued by if the supplier fails to fulfill the terms and conditions of the contract the performance bond shall be forfeited with the termination of contract. 8. RELEASE OF PERFORMANCE BOND: Performance bond will be released only after the satisfactory performance of the contract. 9. FORCE MAJEURE: In the event the Contractor or any of its subcontractor (s) has delayed in the performing any of their respective obligation under the Contract, and such delay is caused by Force Majeure, including, war, civil insurrection, fires, floods, epidemics, earthquakes, breakage of bridge, blocked of road and freight embargoes, such delay may be excused and the period of such delay may be added to the time or performance of the obligation delayed. If a Force Majeure situations arises, the Contractor shall promptly notify the UCIL in writing of such condition and the cause thereof. Unless otherwise directed by the UCIL in writing, the Contractor shall continue to perform its obligations under the Contract as far as reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 10. PENALTY: Except force majeure clause in case of delay UCIL shall have the option of granting an extension without penalty or with penalty as below: i) If the supply is not completed within the stipulated period, UCIL shall grant extension for 45 (Forty Five) days without penalty on submission of reasonable, rational and authentic evidence. ii) If the supply is not completed within the stipulated period and if extension as sub clause (i) is not granted then extension shall be granted for 10 (Ten) weeks with a 0.15% of the delayed portion for each days delay, total not exceeding 10% of the contract value. 11. REPLACEMENT: If the materials shall be rejected than the Supplier should replace the goods within next 30(Thirty) days of the receipt of notice. 12. SETTLEMENT OF DISPUTES: Any dispute or difference arising out of the contract, which cannot be amicably settled, between the parties, shall be settled under the Arbitration Act. of Nepal. The arbitration shall take place in Nepal. 13. CONTRACT AMENDMEND: No variation or modification of the terms of contract shall be made except by written amendment by the both parties. 14. APPLICABLE LAW: The contract shall be interpreted in accordance with prevailing laws of Nepal. 15. OTHERS: All other terms and conditions besides the above shall be as per the bid document Invitation Notice No.: 26-2/ which is the part of this contract. For and on behalf of : For and on behalf of : Udayapur Cement Industries Ltd. Supplier Name: Name: Designation: Date: Date: WITNESS: Designation:

13 V. FORM OF BID SECURITY

14 BID SECURITY FORM WHERE AS: (hereinafter called: "The Bidder") has submitted its bid date for the supply of Coal Mill Roller and Coal Mill Liner (hereinafter called "The Bid") know all men by these presents that we.. having our registered office at (Hereinafter called "The Bank") are bound into UDAYAPUR CEMENT INDUSTRIES LIMITED, Jaljale, Udayapur, Nepal, Phone No.: , , (hereinafter called the purchaser) in the sum of (amount of the guarantee in words and figures) for which payment well and truly to be these to the purchaser the bank bids itself, its successors and assigns by these presents. Sealed with the common seal of the bank this. day of the conditions of these obligation are : If the bidder withdraws its bid during the period of bid validity specified by the bidder on the bid form, or, If the bidder does not attend the clarification meeting called by the purchaser, or, If the bidder, having been notified of the acceptance of the bid by the purchaser during the period of bid validity, a. Fails or refuse to sign contract, when requested; or b. Fails or refuse to furnish the performance security, in accordance with the instructions to bidders: We under take to pay purchaser up to the amount according to and upon receipt of its first written demand without the purchaser having to substantiate its demand, provided that in is demand the purchaser will not that the amount claimed by it is due to it owing to the occurrence of any or all of the above stated conditions. Specifying the occurred condition or conditions. This guarantee will remain in force up to and including 30(Thirty) days after the period of bid validity and any demand in respect there of should reach the bank not later than such date.. (Signature of Witness) Name: Address: (NAME OF BANK) BY.. (Title) (Authorized Representative)

15 VI. FORM OF PERFORMANCE SECURITY

16 PERFORMANCE SECURITY FORM TO UDAYAPUR CEMENT INDUSTRIES LTD, JALJALE, UDAYAPUR, NEPAL, PHONE , , WHEREAS (Name of the supplier).. (Hereinafter called "The Supplier", has undertaken to supply Coal Mill Roller and Coal Mill Liner in pursuance of bid invitation notice no.26-2/ hereinafter called "The Purchaser". and whereas it has been stipulated by in the bidding documents that the supplier shall furnish you with a bank guarantee by a recognized bank for the sum specified there in as security for compliance with the supplier's performance obligations in accordance with the contract. And whereas we have agreed to give the supplier a guarantee; THEREFORE we hereby a firm that we are guarantors and responsible to you on behalf of the supplier, up to a total for (amount of the guarantee in words and figures) and we undertake to pay you upon your contract, and without cavil or argument, any sum or sums as specified by you, within the limit of (amount or guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or sum specified there in. This Guarantee is valid until the day of.. (GUARANTOR) REPRESENTATIVE DATE: (NAME OF) BY (Title) AUTHORISED ADDRESS:

17 VII. SPECIFICATION

18 QUANTITY & SPECIFICATION / CHEMICAL COMPOSITION OF COAL MILL ROLLER AND COAL MILL LINER S. N. Description Specification Unit Quantity Remarks 1. Coal Mill Roller Dimension & Chemical Composition Pcs. 3(Three) 2. Coal Mill Liner are as per attached drawing. Pcs. 9(Nine) Product Should be ISO Certified in Casting & Test report from SGS.

19 VIII. SCHEDULE OF ITEMS

20 SCHEDULE OF ITEMS (Applicable for quoting the prices by overseas bidder in currencies other than Nepalese or Indian currency) S. N. Particulars Quantity Unit Rate Total Amount Remarks 1. Coal Mill Roller 3(Three) Pcs. 2. Coal Mill Liner 9(Nine) Pcs. a. FOB value b. Insurance c. Freight d. Transportation charge from Calcutta port to Nepal custom area (Must be quoted either in Indian or Nepalese Currency) e. Transportation charges - Nepal custom are to site (Indian or Nepalese currency) f. Clearing forwarding & other charges Total CIF Plant Site, Jaljale, Udayapur (UCIL) Nepal. (Excluding unloading charge, customs duty, VAT etc. leviable in Nepal) In words. STAMP OF BIDDER'S FIRM SIGNATURE OF BIDDER BIDDER'S NAME: ADDRESS: PHONE NO: FAX NO.:

21 SCHEDULE OF ITEMS (Applicable for quoting the prices in Indian currency) S. N. Particulars Quantity Unit Rate Total Amount Remarks 1. Coal Mill Roller 3(Three) Pcs. 2. Coal Mill Liner 9(Nine) Pcs. a. Total EX - Factory b. Excise c. Insurance d. Transportation - up to Nepal Custom area e. Transportation charges from Nepal custom area to site f. Clearing forwarding & other charges Total CIF PLANT site, Jaljale, Udayapur (UCIL) Nepal. (Excluding unloading charge, customs duty, VAT etc. leviable in Nepal) In words. STAMP OF BIDDER'S FIRM SIGNATURE OF BIDDER DATE: BIDDER'S NAME: ADDRESS: PHONE NO: FAX NO.:

22 SCHEDULE OF ITEMS (Applicable for quoting the prices in Nepalese currency) S. N. Particulars Quantity Unit Rate Total Amount Remarks 1. Coal Mill Roller 3(Three) Pcs. 2. Coal Mill Liner 9(Nine) Pcs. Total Prices VAT:- Total C&F Plant Site, Jaljale, Udayapur (UCIL) Nepal. (Excluding unloading charge but including all taxes and duties, leviable in Nepal) In words. STAMP OF BIDDER'S FIRM SIGNATURE OF BIDDER BIDDER'S NAME: ADDRESS: PHONE NO: FAX NO.: