COMMERCIAL AMENDMENT COMMERCIAL AMENDMENT NO. B038/7430/519/CA-01

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1 COMMERCIAL AMENDMENT Document No F12 Rev. No. 0 Page 1 of 4 COMMERCIAL AMENDMENT NO. B038/7430/519/CA-01 Bidding Doc No.: AS/ B FI-MR-7430/519 Item: WASTE HEAT BOILER (WHB) PACKAGE Project: BS-VI PROJECTS OF M/S MRPL The terms, conditions and specifications of Bidding Document stand modified to the extent indicated under column MODIFICATIONS/ ADDITIONS/ DELETIONS. All other terms & conditions, stipulations, specifications etc. of Bidding Document including Amendments, if any, issued earlier shall remain unaltered. Sl. No. Part of Bidding Document Document Reference 1. Commercial Special Purchase Conditions & Instructions to Bidders (SPC & ITB) Clause / Item No. Subject Modifications/Additions/Deletions 19.0 Integrity Pact The following stands added as clause 19 (c): Bidders are required to sign and submit the Integrity Pact alongwith their bid. Further Bidders shall be required to furnish an Affidavit confirming that he is not involved in any case of transgression in terms of Integrity Pact as per the document provided as Form-II. Non Submission of Integrity Pact and Affidavit shall lead to not considering their bid for further evaluation 2. Commercial Special Purchase Conditions & Instructions to Bidders (SPC & ITB) New Clause Policy For Providing Preference To Indian Manufacture d Iron & Steel Products In Government Procurement (DMI&SP) The following stands added as clause no 41.0 : Policy For Providing Preference To Indian Manufactured Iron & Steel Products In Government Procurement(DMI&SP) Ministry of steel, Govt of India,vide their notification The gazette of India, extraordinary part II no.357 dated ,notified the policy for providing preference to domestically manufactured iron & steel products in government procurement : 1.1 Under the policy, purchase of the iron & steel products covered under column a of Appendix-A (Enclosed) of the policy, shall be subject to minimum value addition as stipulated in the Appendix. Value addition shall be determined by formula specified in clause 7.2 of the policy. Template No T3 Rev. 2 / Copyrights EIL All rights reserved

2 COMMERCIAL AMENDMENT Document No F12 Rev. No. 0 Page 2 of 4 Sl. No. Part of Bidding Document Document Reference Clause / Item No. Subject Modifications/Additions/Deletions 1.2 The bidder shall be the manufacturer of offered product except if the specific enquiry permits sole selling/authorized distributors/authorized dealers/authorized supply houses etc of the domestic manufacturers. 1.3 In case of detection of mis-declaration by the bidder of the prescribed domestic value addition, in the tender document, at any stage before or after award, the following actions shall be taken by the procuring company: A. Forfeiture of CPBG depending upon the stage of detection. B. Banning of business dealings in line with the policy. 1.4 In case of any complaint or doubt regarding the domestic value addition furnished by a bidder in his bid, EIL shall reserve the right to verify the domestic value addition. The bidder shall provide unhindered access to his relevant records in this regard, to the authorized representatives of EIL. In case of such verification, if the bidders claim is found to be incorrect, in addition to the actions stipulated in 1.3 above, the bidder shall pay Rs. 10 Lakh to EIL as the lump sum cost of verification. 1.5 Bidder shall furnish self-certification as per format enclosed FORM-1 (Enclosed) with the policy else bid of such bidder shall be rejected. The Same is enclosed here with Commercial Amendment for bidder compliance. Clause 7.2 of the policy: In case,the iron & steel products are made- a) Using domestic input steel (semi-finished/finished steel), invoices of purchases from the actual domestic producers along with quantities purchased and other related documents must be furnished to procuring government agency. b) Using a mix of imported and domestic input steel, the invoices of purchase from the actual producers along with quantities purchased and oth- Template No T3 Rev. 2 / Copyrights EIL All rights reserved

3 COMMERCIAL AMENDMENT Document No F12 Rev. No. 0 Page 3 of 4 Sl. No. Part of Bidding Document Document Reference Clause / Item No. Subject Modifications/Additions/Deletions er related documents must be furnished separately.to derive the extent of domestic value addition, the weighted average of both (imported & domestic) input steel shall be considered to ensure that the minimum stipulated domestic value addition requirement of the policy is complied with. c) Using only imported input steel, the following formula shall apply to calculate the percentage of domestic value-addition. Domestic value addition(%)= (net selling price-landed cost of imported steel at the plant)*100/(landed cost of imported input steel at the plant) Bidder to comply with the above requirement of the Gazette. 3. Commercial Special Purchase Conditions & Instructions to Bidders (SPC & ITB)- Annexure J (Terms & Conditions for Site Work) 4. Commercial Special Purchase Conditions & Instructions to Bidders (SPC & ITB)- Annexure X {Policy to Provide Purchase Preference(linked with local content) 9.2 Power The following stands added after the first sentence : Power will be provided at Rs. 6.20/ unit within 200m from working area. Policy document attached as Annexure-X (a) (22 Pages) shall form part of Annexure- X to SPC & ITB of the bidding document. Template No T3 Rev. 2 / Copyrights EIL All rights reserved

4 COMMERCIAL AMENDMENT Document No F12 Rev. No. 0 Page 4 of 4 Sl. No. Part of Bidding Document Document Reference Clause / Item No. Subject Modifications/Additions/Deletions (PP-LC)} Note: Bidder to submit the signed & stamped copy of this Commercial Amendment No. B038/7430/519/CA-01 along with their Un-priced Bid, as a token of their acceptance & compliance. Template No T3 Rev. 2 / Copyrights EIL All rights reserved

5 FORM-I Format for Affidavit of Self-Certification Regarding Domestic Value Addition in Iron & Steel Products to Be Provided On Rs.100/- Stamp Paper for Indian Bidders and as per country rule for Foreign Bidders I S/o / D/o / w/o Resident of Hereby solemnly affirm and declare as under: That I will agree to abide by the terms and conditions of policy of government of India issued vide notification no: That the information furnished hereinafter is correct to the best of my knowledge and belief and I undertake to produce relevant records before the procuring agency (i.e. S) for the purpose of assessing the domestic value addition. That the domestic value addition for all inputs which constitute the said iron & steel products has been verified by me and I am responsible for the correctness of the claims made therein. That in the event of domestic value addition of the product mentioned herein is found to be incorrect and not meeting the prescribed value-addition criteria, based on the assessment of procuring agency (i.e. S) for the purpose of assessing the domestic value-addition, I will be disqualified from any government tender for a period of 36 months. In addition, I will bear all costs of such an assessment. That I have complied with all conditions referred in the notification no. Wherein preference to domestically manufactured iron & steel products in government procurement is provided and that the procuring agency (i.e. S) is hereby authorized to forfeit and my EMD. I also undertake to pay the assessment cost and pay the penalties as specified in the tender document. I agree to maintain the following information in the company s record for a period of 8 years and shall make this available for verification to any statutory authority I. Name and details of the bidder(registered office, manufacturing unit location, nature of legal entity) II. Date on which this certificate is issued III. Iron & steel products for which the certificate is produced IV. Procuring agency to whom the certificate is furnished V. Percentage of domestic value addition claimed and whether it meets the threshold value of domestic value addition prescribed VI. Name and details of the unit of the manufacturer VII. Net selling price of iron & steel products VIII. Freight, insurance and handling till plant IX. List and total cost value of input steel(imported) used to manufacture the iron & steel products X. List and total cost of the input steel which are domestically sourced XI. Please attach value addition certificates from suppliers, if the input is not in-house XII. For imported input steel, landed cost at Indian port with break-up of CIF value, duties & taxes, port handling charges and inland freight cost. For and on behalf of (name of firm/entity) Authorized signatory (to be duly authorized by the board of directors) <Insert name, designation and contact no.>

6 FORMAT FOR FURNISHING AFFIDAVIT W.R.T. INTEGRITY PACT FORM-II AFFIDAVIT FORMAT OF AFFIDAVIT AFFIDAVIT OF... S/o D/o..., resident of... EMPLOYED AS...WITH... HAVING OFFICE AT...PIN. I, the above named deponent do hereby solemnly affirm and state as under :- 1. That I am the authorized representative and signatory of M/s.. 2. Bidding entity M/s is not involved in any case of transgression in terms of Integrity Pact submitted for Bidding Document no: AS/ B FI-MR-7430/519 for Waste Heat Boiler (WHB) package for BS-VI PROJECTS OF M/S MRPL 3. I depose accordingly, DEPONENT VERIFICATION I,... the deponent above named, do hereby verify that the factual contents of this Affidavit are true and correct. No part of it is false and nothing material has been concealed there from. Verified at... on this...day of [On non-judicial stamp paper of appropriate value & duly notarized] DEPONENT Page 1 of 12

7 Appendix-A List of Iron & Steel Products (Refer Clause 7.2) S.no Iron & steel products Inputs ( imported or Minimum value addition domestic) 1. Ductile Iron Pipe Pig Iron/Liquid Iron 15% 2. Wire Rod &TMT Bar Billet 15% 3. Structural/Sections Bloom 15% 4. HR Coils, Strips, Sheets & Plates Slab 15% 5. HR Universal/Quarto Plates Slab 15% 6. CR Coils/Strips HR Coils 15% 7. Coated Flat Steel Products/ Slab/HR Coil/Cold 15% GP/GC Sheets/Al-Zn Coated Rolled Coils/Strips 8. Color Coated, Painted Sheets Slab/HR Coil/Cold 15% Rolled Coils/Strips 9. All Kinds Of Steel Pipes & Tubes Slabs/Plates/HR Coils 15% 10 Seamless Tubes & Pipes Bloom 15% 11. Rails Bloom 15%

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