1 CEMENT CORPORATION OF INDIA LIMITED TANDUR CEMENT FACTORY P.O CCI TANDUR- 501158, VKB Distt, TELANGANA CIN No. U74899DL1965GOI004322 Ph: 08411 247221 E-mail: [email protected]Fax: 08411 247243 Website: www.cciltd.in NIT NO: TCF/MINING/E-Tender/2019-20 Date: 12/07/2019 NOTICE INVITING E-Tender(NIT) (Only through E-Tender( Reverse Auction)) 1.0 Online electronic bids through Electronic Tendering System (ETS) are invited from Contractors having adequate experience for Hiring, leasing of Heavy Earth Moving Equipments for drilling, excavation, with loading and transportation of Limestone and shale. Rehandling of limestone based on requirement of Plant. The complete set of Tender documents is available on websites www.cciltd.in , www.etender.gov.in and www.cci-etender.com of Antares Systems Ltd. E TENDER NO. TCF/MINING/E-Tender/2019-20 Mode of Tender E-Tender (Reverse Auction) (Online Part- A- Techno –Commercial Bid and Part B – Price Bid ) through www.cci- etender.com of Antares System Ltd Date of NIT available to parties to download From 13/07/2019 from 10.00 hrs. Last Date of Submission of EMD, valid SSI/NSIC/MSME certificate and other documents required as per tender terms and conditions under covering letter ( Annexure- A II) in Hard copy (Offline Submission) 05.08.2019 upto 15.00 hrs. Date of Starting of e-Tender for Submission of on line Techno Commercial Bid and Price Bid at www.cci-etender.com 13/07/2019 (10.00 hrs.) Date& Time of opening of Part-A(i.e Techno – Commercial Bid) Part- B Price Bid : Date of Opening of Part-B i.e price bid shall be informed separately 05.08.2019 at 15.30 hrs. Shall be intimated later. Validity of Bids 120 days Starting time of reverse auction 2 days after the price bid opening Ending time of reverse auction 2 hrs from the starting time of reverse auction.
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CEMENT CORPORATION OF INDIA LIMITED TANDUR CEMENT FACTORY
P.O CCI TANDUR- 501158, VKB Distt, TELANGANA CIN No. U74899DL1965GOI004322
NOTICE INVITING E-Tender(NIT) (Only through E-Tender( Reverse Auction))
1.0 Online electronic bids through Electronic Tendering System (ETS) are invited from Contractors having adequate experience for Hiring, leasing of Heavy Earth Moving Equipments for drilling, excavation, with loading and transportation of Limestone and shale. Rehandling of limestone based on requirement of Plant. The complete set of Tender documents is available on websites www.cciltd.in, www.etender.gov.in and www.cci-etender.com of Antares Systems Ltd.
E TENDER NO. TCF/MINING/E-Tender/2019-20
Mode of Tender E-Tender (Reverse Auction) (Online Part- A- Techno –Commercial Bid and Part B – Price Bid ) through www.cci-etender.com of Antares System Ltd
Date of NIT available to parties to download From 13/07/2019 from 10.00 hrs.
Last Date of Submission of EMD, valid SSI/NSIC/MSME certificate and other documents required as per tender terms and conditions under covering letter ( Annexure- A II) in Hard copy (Offline Submission)
05.08.2019 upto 15.00 hrs.
Date of Starting of e-Tender for Submission of on line Techno Commercial Bid and Price Bid at www.cci-etender.com
13/07/2019 (10.00 hrs.)
Date& Time of opening of Part-A(i.e Techno – Commercial Bid) Part- B Price Bid : Date of Opening of Part-B i.e price bid shall be informed separately
05.08.2019 at 15.30 hrs. Shall be intimated later.
Validity of Bids 120 days
Starting time of reverse auction 2 days after the price bid opening
Ending time of reverse auction 2 hrs from the starting time of reverse auction.
Offer is invited for the following scope of Work on FIRM & FOR as per details given below:- SCOPE OF WORK:_
NIT NO. Name of the Work Quantity (in MT) per year
TCF/MINING/E-Tender/2019-20
Hiring, leasing of Heavy Earth Moving Equipments for drilling, excavation, with loading and transportation of Limestone and shale at CCI Ltd, Tandur Cement Factory.
Minimum decremental value To be notified by CCI on case to case basis in NIT.
Eligible Bidders to participate in e-Reverse
Auction
Techno-commercially qualified bidders to give
declaration to participate in Reverse Auction within
an hour of opening of Price bids and all such
bidders be issued user id and pass word for Reverse
Auction.
Start Date & Time of e-Reverse Auction ………… at 15.00 Hrs. (after 2 working days of
opening of price bids)
Initial Duration of e-Reverse Auction 02 Hrs (from 15.00 Hrs to 17.00 Hrs.)
Automatic Extension of “Reverse Auction closing
time” if the last bid received within a pre-defined
time duration before the “Reverse Auction closing
time:”
Yes
Pre-defined time duration (as mentioned above) 05 minutes
Time of each Automatic Extension 15 minutes
Display of Lowest Bid (L1) Yes (To all Bidders) (Without the bidder identity)
Reverse Auction Procedure:
VII. Procedure for e-Reverse Auction:-
1. The reverse auction is to be carried two days after the opening of e-price bids. 2. If L1 party decides to be out of reverse auction, the party will be allowed to do so.
However, if the Reverse Auction yields a lower price, the L-1 party would have no
claim / right to be awarded.
3. Other parties if opts out they will be assumed to be to be not participating in tender.
No chance shall be afforded later.
4. Bidder has to quote price inclusive of P&F, inspection charges, taxes & freight etc.
5. The L-1 bidder after reverse auction shall be considered, as final L-1 & the case for
awarding shall be processed as per policy & NIT.
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6. In case bidder, not eligible for participation in reverse auction as per CIause VIII
below mentioned guidelines, is an MSE, but their price quoted is within the band of
L-1 + 15%, their bid shall be considered for participation in Reverse Auction in line
with “Public Procurement Policy for Micro & Small Enterprises(MSEs) order-2012”.
7. The break-up of final price viz. basic rate, freight charge, inspection charge etc. will
be taken for processing the case after reverse auction has concluded.
8. After conduction of reverse auction, distribution of work amongst bidders shall be
done as per NIT, after evaluating L-1, L-2 etc.
VIII. Guidelines for Reverse Auction:-
1. Any tender can be cancelled/ withdrawn at any time before award of contract, which
is invariably mentioned in NIT. 2. Number of participants allowed in reverse auction:
a. In case of single eligible (techno- commercial qualified) party, no reverse auction
shall be conducted & tender shall be finalized subject to reasonability of the rate.
b. Reverse Auction shall be conducted for two (2) or more techno-commercially
qualified parties.
c. For 2-4 techno- commercially qualified parties, reverse auction shall be conducted
with all parties.
d. For 5-6 techno- commercially qualified parties, one highest bidder (H-1) shall not be
allowed to participate in reverse auction.
e. For 7-10 techno commercially qualified parties, two highest bidders (H-1 & H-2)
shall not be allowed to participate in reverse auction.
f. For more than 10 techno- commercially qualified parties, only lowest 8 (eight)
bidders shall be allowed to participate. However, in case of tie in the eighth (last)
position, all such parties shall be allowed to participate in the reverse auction i.e., in
case there is tie of 2 parties in 8th
lowest position (L-8), then both of them shall be
allowed to participate in reverse auction.
3. Lowest bid implies the bid whose landed cost is lowest considering freight, inspection
charge & less input credits for GST. (Reverse auction shall be conducted on landed
cost excluding GST).
4. The base price, minimum detrimental value, pre-defined time duration of quoting the
revised rate (in minutes) shall be available with the service provider portal as per the
format to be uploaded with NIT.
5. Closing price (CP) of reverse auction shall be treated as new L-1 and tender shall be
processed accordingly.
Complaints may be given, if any regarding denial of service or any related issue, in
writing through e-mail/fax to the service provider, with copy of [email protected],
within 15 min prior to initial closing time of reverse auction.
Bidder shall be assigned user id & password by the service provider, which is
COVERING LETTER WHICH MUST BE SUBMITTED BY THE TENDERER DULY FILLED IN
AND SIGN
Ref: TCF/MINING/E-Tender/2019-20 . Date:…………………
To HOD(Mining), Cement Corporation of India Ltd., CCI-Tandur 501 158,Vikarabad dist(TS) Sub: Tender for Hiring, leasing of Heavy Earth Moving Equipments for drilling, excavation, with
loading and transportation of Limestone, Shale and re-handling of limestone as and when
required by plant at CCI Ltd, Tandur Cement Factory, Karankote after weighment at CCI’s
Weighbridge on the way to Crusher hopper.
Ref: E-tender No. TCF/MINING/E-Tender/2019-20 Dear Sir, With reference to your tender for the above work, We/I hereby submit our/my tender in 2 (two) Separate sealed envelopes duly sealed in a common envelope as per instructions in the tender documents. The required marking as per Clause 2(b) of Part-I indicating reference of tender, has been done on all the envelopes.
I) The following documents are enclosed with the commercial bid.
One copy each of CCI terms and conditions in Part-I, II & III (A) and (B) duly signed on each page in token of acceptance of the same in its entirety. Duly filled Annexures with relevant enclosures( Annexure A to H)
01) General conditions 02) No relation Certificate regarding any of Employee of in CCI Ltd is/are related to
me/us as per annexure-A 03) List of present contract/orders/in hand as per annexure-B. 04) List of equipments owned/hired with registration number as per annexure-C1, C2 05) Details of experience past three years as per annexure – D 06) Format for determining technical suitability / capability of the party as per
Annexure E 07) Details of equipments as per Annexure- F 08) Format for additional information as per Annexure-G. 09) Details of Earnest Money of Rs. 2,00,000/- gate way payment.
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II) Duly filled Price bid for Limestone and Shale in separate sealed envelope.
We / I hereby declare that we/I have not been debarred from tendering for contracts in any of the departments of Government/Semi Government/Public Sector Undertakings and Local bodies. We / I certify that the information given by us/me in the tender documents is correct and if any stage the same is found to be incorrect, the contract will be liable to the terminated/rescinded and action may be taken against us/me by the corporation for damages.
Pan card no: _________________________ GST no: __________________________ We are / I am duly authorized/empowered to sign all the tender documents: Name of the Tenderer : ………………………………………………………………... Full Postal Address : ……………………………………………………………….. Telephone No: Residence : …………………….. Off:……………….. Fax no: ……………………… e) Cell/Mobile No. ……………………………………………. f) E-mail No. ..…………………………………………. Yours faithfully,
(Signature of the Tenderer with seal) Witness (Name & address) 1 2
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GENERAL
01) Payment : As per f Part –III B (Special Terms & Conditions) 02) Please indicate your GST number and Pan Card number and enclose xerox copy 03) Firm registration number and copy. 03) EARNEST MONEY DEPOSIT : Rs.2,00,000=00 by way of RTGS transfer. 04) SECURITY DEPOSIT: As per Clause No.13.1 and 13.2 of Part –III B (Special Terms &
Condition) 05) DELAYED IN EXECUTION OF WORK - CLAUSE :
In case of any delay in execution of work: (a) You will be charged with the Liquidated damages at the rate of ½% of the value
of the unexecuted portion of work or part thereof subject to maximum of 5%. (b) Also we may resort to risk and cost clause No.10.
06) ARBITRATION : In the event of failure in execution of total contract/part of contract or any dispute for the value exceeds Rs.50,000/- case will be referred to Arbitration as per Indian Arbitration Act. Arbitrator to be appointed by C & M D of CCI.
07) JURISDICTION : Vikarabad District (TS) Civil Courts. 08) Our Corporation reserves the right to cancel or accept or reject any offer or tender the
same without giving any reason or justification.
09) Our Corporation reserves the right to split the order and more parties. 10) The tenderers do not have any claim on the award of work order supply order. 11) Individual offer should be given for each enquiry. Clubbing of offers against more than
ONE (01) enquiry is not allowed such offers will be rejected. 12) The rates accepted shall remain firm during the tenure of this contract and no increase
will be allowed on this account whatsoever it may be. However if any rates received are lower than the existing rate for the similar nature of work, the same rate/s are applicable to this contract also, the same may kindly be noted by the contractor.
13) The work will be awarded on over all L-1 basis.
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CEMENT CORPORATION OF INDIA LIMITED CCI TANDUR- 501 158, Vikarabad District (TS)
CHECK LIST FOR SUBMITTING THE OFFER
01) Techno commercial bid (consisting Part I, II and III A & B). 02) The price Bid for Limestone and Shale. 03) Annexures with enclosures. 04) EMD Rupees Two Lakhs through gate way payment. 05) Duly signed all documents in each page with seal. 06) Copy of GST registration 06) Registration of transporters under GST rules, if applicable. 07) Pan Number, GST Number and Registration number of firm etc. 08) No Payment terms and conditions in offer should be quoted/indicated. Being
government company no advance payment is possible hence payment terms without any advance payment.
09) Confirm action of Bank Guarantee/warranty clause of the tender /enquiry and
annexures itself. 10) No conditions should be written and/or indicated in the conditions 11) Offers should be submitted duly signed in all respects with seal and EMD and tender
documents cost in a seal sealed cover.
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ANNEXURE- ‘A’ NO RELATION CERTIFICATE
I declare that the following officers of the Corporation are related to me/no officer of the Corporation is related to me. ______________________________________________________________________________ Sl.No. Name of the Officer Post held Place of post
Date : Place: Signature of the tenderer (Name and address with seal )
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ANNEXURE- ‘B’ CEMENT CORPORATION OF INDIA LIMITED
TANDUR CEMENT FACTORY
PRESENT CONTRACTS/JOBS IN HAND ______________________________________________________________________________ Sl. Name of the Client Nature Quantity Approximate Date of Stipulated no. of work (MTs) value of start date of Contract work completion ______________________________________________________________________________ ______________________________________________________________________________
Date : Place: Signature of the tenderer (Name and address with seal ) Note: Please enclose Xerox copies of orders
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ANNEXURE- ‘C1’ List of equipments OWNED
Sl. List of equipments OWNED Size/Make Year of General No. with Registration Number capacity manufacture Condition
i) List of Trucks/ tippers of capacity 25 MT. ii) List of Loading Machine PC-300, Hitach- 300 or equivalent. iii) List of Drill Machine and Comp. 4 dia / 100mm and equivalent Cap. iv) Light duty dozer / tractor dozer. v) Truck mounted water tanker 6 KL or of more Capacity.
NOTE : All the machines/equipments should not be older than 05 years for owned equipment and 03 years for lease hold equipments. Minimum 50% should be Owned Equipments/HEMM Machineries. All equipments mentioned in the tender should be either owned by the tenderer or the tenderer must have the right of possession of the same. Documentary evidence for ownership/ possession & for the capacity of the equipments are to be enclosed with tender documents. If the tenderer does not submit the same, he should deposit Rs. 10 lacs in the form of RTGS as security in lieu of non-submission of said documents. The Contractor should have their own maintenance facilities for which, space will be provided at the site by CCI.
Note: Please enclose documentary proof.
Date : Place: Signature of the tenderer (Name and address with seal )
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ANNEXURE- ‘C2’ List of equipments HIRED
Sl. List of equipments OWNED Size/Make Year of General No. with Registration Number capacity manufacture Condition
i) List of Trucks/ tippers of capacity 25 MT. ii) List of Loading Machine PC-300, Hitach- 300 or equivalent. iii) List of Drill Machine and Comp. 4 dia / 100mm and equivalent Cap. iv) Heavy duty dozer / JCB dozer. v) Truck mounted water tanker 6 KL or of more Capacity.
NOTE : All the machines/equipments should not be older than 10 years for owned equipment and 5 years for lease hold equipments. Minimum 50% should be Owned Equipments/HEMM Machineries. All equipments mentioned in the tender should be either owned by the tenderer or the tenderer must have the right of possession of the same. Documentary evidence for ownership/ possession & for the capacity of the equipments are to be enclosed with tender documents. If the tenderer does not submit the same, he should deposit Rs. 10 lacs in the form of RTGS as security in lieu of non-submission of said documents. The Contractor should have their own maintenance facilities for which, space will be provided at the site by CCI.
Note: Please enclose documentary proof.
Date : Place: Signature of the tenderer (Name and address with seal )
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ANNEXURE- ‘D’ DETAILS OF ORDERS EXECUTED
INCLUDING CCI DURING THE LAST THREE YEARS
Name of Firm : ______________________________________________________________________________ Type of items Name of the party Value Date of Delivery Date of actual (give details) to whom supplied order date completion
______________________________________________________________________________ Date : Place: Signature of the tenderer (Name and address with seal )
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ANNEXURE- ‘E’
CEMENT CORPORATION OF INDIA LIMITED TANDUR CEMENT FACTORY
FORMAT FOR DETERMINING TECHNICAL SUITABILITY / CAPABILITY OF THE PARTY.
PART-I:: DETAILS OF EXPERIENCE OF THE CONTRACTOR OF PAST TWO YEARS: 1. Name of Mines : 2. Mineral worked : 3. Type of Mines : Rock mining with Blasting / Boulder mining/clay or each work mining. 4. Deployed equipment with : Specifications. 5. Work Order No. & Date : 6. Quantity handled : 7. Duration of contract :
Date : Place: Signature of the tenderer (Name and address with seal )
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CEMENT CORPORATION OF INDIA LIMITED TANDUR CEMENT FACTORY
ANNEXURE- ‘F’
TECHNICAL SUITABILITY PART – II DETAILS OF MINING EQUIPMENT TO BE DEPLOYED BY THE CONTRACTOR AT CCI SITE. Sl.No. Equipments Type Make Capacity
PC- 300,Hitachi- 300 L&T – 300 CK Komatsu – 300 or Equivalent only
Bucket Capacity 1.9 or above m
3 ________
m3/MT
04) Tippers/ Dumpers Own / hired Regn. No. Make Body Capacity
No.1 25 – 30 MT
No.2 MT
No.3 MT
No.4 MT
No.5 MT
No.6 MT
No.7 MT
No.8 MT
No.9 MT
No.10 MT
No.11 MT
No.12 MT
05) DOZER/JCB
06) WATER TANKER mounted on truck.
NOTE : All the machines/equipments should not be older than 05 years for owned equipment and 03 years for lease hold equipments. Minimum 50% should be Owned Equipments/HEMM Machineries .All equipments mentioned in the tender should be either owned by the tenderer or the tenderer must have the right of possession of the same. Documentary evidence for ownership/ possession & for the capacity of the equipments are to be enclosed with tender documents. If the tenderer does not submit the same, he should deposit Rs. 10 lacs in the form of RTGS as security in lieu of non-submission of said documents. The Contractor should have their own maintenance facilities for which, space will be provided at the site by CCI.
Note: Please enclose documentary proof.
Date : Place: Signature of the tenderer (Name and address with seal )
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CEMENT CORPORATION OF INDIA LIMITED TANDUR CEMENT FACTORY
ANNEXURE- ‘G’
FORMAT FOR ADDITIONAL INFORMATION TO BE FURNISHED BY THE TENDERERS (REFER SPECIAL. INSTRUCTIONS PART-III SPECIAL TERMS & CONDITIONS)
1. Name of the Firm 2. Complete Postal address/Gram/email/Phone etc. a) Head Office / Corporate Office. b) Other branches (incl. Delhi office, if any) 3. Whether Public Sector/Private Sector/Joint Sector etc. 4. Type of Organisation Proprietary/Partnership/ Limited/any other type A. In case of Proprietors/Partnership i) Name of the Proprietor/Partners. ii) Whether business/Partnership is registered. iii) Date of Commencement of business. iv) Status of Income Tax assessment B. In case of Limited Liability Company or Company Limited by Guarantees. i) Amount of paid-up Capital. ii) Name of Directors iii) Date of Registration of Company iv) Name & address of the Bankers (Please attach reference letter from your Banker). 6. Annual turnover for last 3 years of the category/item for which tender is being Amount Rs. in lakhs submitted (Photo copies to be attached). 7. Details of orders executed/completed including CCI’s, if any, during last 3 years 3 (details to be furnished as per Annexure-‘D’). (Photo copies of orders/contracts alongwith performance certificates from buyers to be enclosed). 8. Present order in hand (Details to be furni- shed as per Annexure-‘B’) (Photo copies of orders/contracts to be attached).
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9. Details of Foreign collaboration, if any (Please attach photo copies of collaboration agreement if it is there). 10. FINANCIAL: a) Investment on fixed assets of building, fitting & fixtures. b) Investment on Plant & Machinery tools and tackles etc. 11. Are you on the approved list with any of the following supply of items quoted -- Any Public Sector Undertakings. -- Cement Plants. -- Other reputed agency. (Enclose photocopies of Registration Certificates). 12. LIST OF ENCLOSURES ATTACHED BY VENDORS TO BE INDICATED: Enclosed Not Enclosed a) Partnership Deed, if applicable ________ ___________ b) List of Machinery Owned Ann-C1 ________ ___________ c) List of machinery Hired Ann-C2 ________ ___________ d) Photo copies orders executed ________ ___________ e) Articles & Memorandum of Association of the Company if applicable. ________ ___________ f) Details of present orders in hand (As per Annexure – B) ________ ___________ It is hereby solemnly declared that the above information and the date furnished in the enclosed Annexure is true to the best of our knowledge. Date : Place: Signature of the tenderer (Name and address with seal )
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Annexure-III
CEMENT CORPORATION OF INDIA LTD. (A GOVT.OF INDIA ENTERPRISE)
PART-I: INSTRUCTIONS TO TENDERER: 1. GENERAL: a) The tender should be addressed to the officer who has invited the tenders. b) Any offer made in response to this tender, when accepted by the Cement Corporation of India Ltd., will constitute a contract between the parties. 2. SUBMISSION OF TENDER:
2.1 Two-Part Bid procedure in electronic form shall be adopted for preparation, submission and evaluation of the bids. The bid submitted should be digitally signed by the bidder. Soft copy of the bids (Techno-Commercial Bid and Price Bid) shall be uploaded through the portal www.cci-etender.com of Antares System Ltd on or before the submission time and date as stipulated in the bidding document. The bidder shall prepare the bid and submit the bid online on “Electronic Tendering System” in following manner. Part-A: Techno-Commercial Bid: (a). On-Line Submission (Soft Copy) The following documents duly filled in, signed digitally and stamped are up-loaded On-Line through www.cci-etender.com of Antares System Ltd.
1) General conditions 2) No relation Certificate regarding any of Employee of in CCI Ltd is/are related to me/us as per annexure-A 3) List of present contract/orders/in hand as per annexure-B. 4) List of equipments owned/hired with registration number as per annexure-C1 and C2 5) Details of experience past three years as per annexure – D 6) Format for determining technical suitability / capability of the party as per annexure-E 7) Details of equipments as per annexure- F 8) Format for additional information as per Annexure-G. (b). Off-Line submission(Hard Copy)
The following documents duly signed and stamped are enclosed here with.
1. Earnest money of Rs. 200000/- (Rupees Two lacs only) in the form of RTGS only UTR
No……………… dated …………. in favour of Cement Corporation of India Ltd. payable at State Bank of India , Karankote Branch 62017406489 (IFSC- SBIN0020446)
2. Tender Fees - Nil. 3. A copy of our/my Latest Income Tax Return and PAN card and copy of GST registration.
4. Partnership Deed/Memorandum of Articles of Association by partnership firms/companies duly attested. In case of partnership deed, the same is registered/not registered.
5. Copies of last three years audited Balance sheets with Profit & Loss A/cs. 6. Copies of Performance Reports from the Customers if any.
7. Copies of orders/contracts under execution and executed including CCI during last three years.
Part-B: Price bid: submitted on-line as per “PRICE BID” format. 2.2 Other conditions: i) The tenderer has/have to declare that he/they have not been debarred from tendering for
contracts in any of the departments of Govt./Semi Govt./Public Sector Undertaking and Local Bodies.
ii) The tenderer has to certify that the information given by him/them in the tender documents is
correct and if at any stage the same is found to be incorrect, the contract will be liable to be terminated/rescinded and action may be taken against him/them by the Corporation for damages.
iii) In the event of the tender being submitted by a firm, it must be signed separately by each
partner thereof. In the event of the absence of any partner, it must be signed on his behalf by a partner holding power of attorney authorizing to do so.
iv) In the case of a company, the tender should be signed in the manner as laid down in the said
Company’s Article of Association.
v) A true copy of the partnership deed (and Articles and Memorandum of Company) duly attested should be furnished.
vi) Tenders received after the specified time & date are liable for rejection.
vii) Tenders not submitted in the prescribed formats and not completed in all respect are likely to be rejected. viii) The tender documents are non-transferable. Only those firms can participate in whose name
the tender has been sold.
ix) Tenderers shall not be entitled to claim any costs, charges, expenses or incidentals for or in connection with the preparation and submission of their tenders even though the Corporation may decide to withdraw the “Invitation of Tender” or reject any/all tender(s) without assigning any reasons thereof.
x) Tenderer must submit copy of his Latest Income Tax Return and PAN card.
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3. OPENING OF TENDER: Part-A Techno-Commercial bid will be opened electronically on specified date and time as given in the NIT. Bidder(s) can witness electronic opening of bid. Part-B Price bid will be opened electronically of only those bidder(s) whose Part-A Techno- Commercial Bid is found to be Techno-Commercially acceptable by CCI. Such bidder(s) will be intimated date of opening of Part-B Price bid, through valid email confirmed by them.
4. CLEAR UNDERSTANDING : When a tenderer submits his tender in response to this tender documents, he will be deemed to have understood fully about the requirement, terms and conditions. No extra payment will be made or any other claim whatsoever entertained on the pretext that the tenderer did not have a clear idea of any particular point(s)
5. VALIDITY OF OFFER:
Tender shall remain open for acceptance for 120 days or as may be specified from the date of opening of commercial bid. No revision/modification in the tendered rate will be allowed during the period of original validity of tender or the extended period except for any reduction/ revision as may be asked for specifically by CCI during negotiations.
6. REFERENCE LIST: The tenderer(s) should submit along with their tender(s) the list of unexecuted orders in hand, if
any, for same/similar jobs and period by which jobs are proposed to be completed (Proforma enclosed Annexure ‘C’)
7. If the value of Order is more than 10. 0 lakhs, the tenderer should go through the
Integrity Pact( Annexure-F) in detail and should submit the same, duly signed by Proprietor/Director/Partner. The conditions of the Integrity Pact, shall be applicable, during the period of the contract or extension thereof. In case the contract is sub-let by the successful Tenderer with the permission of the Corporation, the Principal Contractor/successful Tenderer shall take responsibility for adoption of Integrity Pact by the sub-contractor.
8. AWARD OF CONTRACT:
a) The Corporation reserves the right: to accept in its sole and unfettered discretion any tender for whole or part quantities/part work or to reject any or all tenders without assigning any reasons there of and without, entitling the tender to any claims whatsoever.
b) Firms which have failed to fulfill earlier contractual obligations may not be considered.
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c) If no separate agreement has been signed by the parties to the contract, the LOI/Order resulting from this tender including all negotiations and detailed order to be issued subsequently, with items and conditions and stipulations as agreed to by the tenderer and to the extent modified during negotiations, constitutes the contract agreement relating to the work between the successful tender and the Corporation and the parties shall be bound by the terms and conditions and all provisions of this contract.
d) The Corporation does not bind itself to accept the lowest or any tender to assign any
reason for non-acceptance of the same. e) The Corporation shall mean and include the administrative and executive officers of its
Corporate Office at New Delhi as well as of factories/projects as the case may be who are identified to deal with matter relating to this contract on its behalf.
f) The Corporation reserves the right to split the quantities against the tender between L1
and L2 tenderes in the ration of 70:30. If L2 tenderer match the L1 rates. In case L2 tenderer do not match the L1 rates option will be given to other tenderes starting from L3, L4, L5 ……. etc to match L1 rates and accordingly quantities will be split in the ration of 70:30 between L1 tenderer and the tenderer who matchs with L1 rates. If L2, L3, L4, L5 etc tenders do not match the L1 rates full quantity will be awarded to L1 tenderer.
09) EXPERIENCE:
The tenderer should be well experienced in the line of work under consideration. In
proof of the same, the tenderer should furnish documentary evidence such as Xerox
copies of WOs executed by him for the past 2 years in Public Sector/reputed private
sector units for the work of similar nature. Certificates for satisfactory performance of
the works issued by them also can be considered. The tenderer should have required
personnel, machinery, financial soundness so as to be competent and capable for the
job under consideration.
10) The rates accepted shall remain firm during the tenure of this contract and no increase
will be allowed on this account whatsoever it may be. However if any rates received
are lower than the existing rate for the similar work, the same rate/s are applicable to
this contract also, the same may kindly be noted by the contractor.
11) The work will be awarded on over all L-1 basis.
12) Integrity Pact and IEM
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INTEGRITY PACT
Between
Cement corporation of India Limited (CCI) hereinafter referred to as “The Principal”, and
………………………………………………………hereinafter referred to as “The Bidder/Contractor”.
Preamble:
The Principal intends to award, under laid down organizational procedures, contracts/
for ……………………………………………The Principal value full compliance with all relevant
laws of the land, rules, regulations, economic use of resources and of fairness/
transparency in its relations with its Bidder(s) and / or Contract(s). In order to achieve
these goals, the principal will appoint an Independent External Monitor (IEM), who will
monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.
Section 1 – Commitment of the Principal.
1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
a) No employee of the principal, personally or through family members, will in
connection with the tender for, or the execution of contract, demand , take a
promise for or accept , for self or third person, any material or immaterial
benefits which the person is not legally entitled to.
b) The principal will, during the tender process treat all Bidder(s) with equity and
reason, The Principal will in particular, before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential additional information through which the Bidder(s) could
obtain an advantage in relation to the tender process or the contract execution.
c) The Principal will exclude from the process all known prejudiced persons.
2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.
Section 2 – Commitments of the Bidder(s)/ Contractor(s):
(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
a) The Bidder(s)/ Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the principal’s employees involved in the tender
26
process or the execution of the contract or to any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process of during the execution of contract.
b) The Bidders(s)/Contractors(s) will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal of informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission of non-submission of bids of or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.
c) The Bidders(s)/Contractors(s) will not commit any offence under the relevant
IPC/PC Act, further the Bidders(s)/Contractors(s) will not use improperly; for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business details, including information contained or transmitted electronically.
d) The Bidders(s)/Contractors(s) of foreign origin shall disclose the name and address
of the Agents/representatives in India, if any. Similarly the Bidders(s)/Contractors(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any, Further details as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers’ shall be disclosed by, the Bidders(s)/Contractors(s). Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be in ‘Indian Rupees only.
e) The Bidders(s)/Contractors(s) will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.
(3) The Bidders(s)/Contractors(s) will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
Section 3- Disqualification from tender process and exclusion from future contracts :
(1) If the Bidders(s)/Contractors(s) before award or during execution has committed a transgression through a violation of Section 2, above or in any other from such as to put his reliability or credibility in question, the principal is entitled to disqualify the Bidders(s)/Contractors(s) from the tender process or to terminate the contract, if already signed for such reason.
(2) If the Bidder/Contractor has committed a serious transgression through a violation of sector-2 such as to put his reliability or credibility into question, the principal is entitled also to exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors with the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.
27
(3) If the Bidder/Contractor can prove that he has restored/recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.
(4) A transgression is considered to have occurred if in light of available evidence no reasonable doubt is possible.
Section 4-Compensation for Damages : (1) If the Principal has disqualified the Bidders(s) from the tender process prior to the
award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal
MM entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.
Section 5 – Previous transgression :
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the anti corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process.
Section 6- Equal treatment of bidders(s)/Contractor(s)/Subcontractors:
1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors the commitment consistent with this Integrity Pact, and to submit it to the Principal before contract signing.
2) The Principal will enter into agreements with identical conditions as this one with all
Bidders and Contractors.
3) The principal will disqualify from the tender process all Bidders who do not sign this
Pact or Violate its provisions.
Section 7- Criminal charges against violating bidders(s)/Contractor(s)/Subcontractors:
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a bidder, contractor or subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.
1) The Principal has appointed competent and credible Independent External Monitor
for this pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
agreement.
2) The monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman,
CCI.
3) The Bidder(s)/ Contractor(s) accepts that the Monitor has the right to access
without restrictions to all tender documentation of the Principal including that
provided by the Contractor. The Contractor will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional access
to his project documentation. The same is applicable to Subcontractors. The
monitor is under contractual obligation to treat the information and documents of
the Bidder(s)/ Contractor(s)/Subcontractor(s) with confidentiality.
4) As soon as the monitor notices, or believes to notice, a violation of this agreement,
he will so inform the Management of the Principal and request the Management to
discontinue or take corrective action, or to take other relevant action. The monitor
can in this regard submit non-binding recommendations. Beyond this, the monitor
has no right to demand from the parties that they act in a specific manner, refrain
from action or tolerate action. However, the Independent External Monitor shall
give an opportunity to the Bidder/ Contractor to present its case before making its
recommendations to the principal.
5) The monitor will submit a written report to the Chairman, SAIL within 5 to 10 weeks
from the date of reference or intimation to him by the Principal and, should the
occasion arise, submit proposal for correcting problematic situations.
6) Monitor shall be entitled to compensation on the same terms as being extended to/
provided to Independent Directors on the CCI Board.
7) If the monitor has reported to the Chairman, CCI, a substantiated suspicion of an
offence under relevant IPC/PC Act, and the Chairman, CCI has not, within the
reasonable time taken visible action to proceed against such offence or reported it
to the Chief Vigilance Officer, the Monitor may also transmit this information
directly to the central Vigilance Commissioner.
8) The word ‘Monitor / would include both singular and plural.
9) Independent External Monitor shall be required to maintain confidentially of the
information acquired and gathered during their tenure / role as independent
Monitor. Any breach in this regard would be subject to the legal judicial system of
India.
10) Independent External Monitor(s) shall be required to furnish an Undertaking and
disclose before taking any assignment that he/she has no interest in the matter or
connected with the party (Bidder/contractor) in any manner.
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Section 9 – Pact duration:
This pact begins when both parties have legally signed it, It expires for the Contractor 12 months after the last payment under the contract and for all other bidders 6 months after the contract has been awarded. If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by Chairman of CCI.
Section 10-Other provisions:
(1) This agreement is subject to Indian Law, Place of performance and jurisdiction is the
Registered Office of the Principal i.e. New Delhi. (2) Changes and supplements as well as termination notices need to be made in
writing. Side agreements have not been made. (3) If the Contractor is a partnership or a consortium, this agreement must be signed by
all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.
(For and on behalf of the Principal) (For and on behalf of Bidder/Contractor) (Office seal) (Office seal)
Place __________ Date ___________
Witness 1: Name & address) __________________________
CEMENT CORPORATION OF INDIA LIMITED Annexure IV TANDUR CEMENT FACTORY
Part – II GENERAL TERMS AND CONDITIONS
1.0 EARNEST MONEY DEPOSIT: Rs.2,00,000=00 (Rupees Two Lacs only)
1.1 All tenderers including those registered with the Corporation should furnish earnest money, as specified, by way of RTGS only. Tenders received without the Earnest Money Deposit, as specified in the tender, will be liable for rejection, Any other money held by or pending with the Corporation against any other contracts will not be generally adjusted/treated as EMD for this tender.
1.2 Earnest Money will be forfeited if the rates are revised or modified upward during the
validity period or extended period. Earnest money will also be forfeited if the security deposit is not furnished or work not started after acceptance of the tenderer`s offer by CCI.
1.3 The Earnest Money Deposit will not bear any interest.
1.4 The Earnest Money Deposit of successful tenderers would be adjusted towards the security deposit and that of others will be refunded, except in the cases mentioned in 1.2 above, and mentioned in clause 2.3 below.
1.5 Public Sector Undertakings (Central/State) and SSI Units registered with NSIC/MSME are exempted from submission of Earnest Money Deposit. The SSI Units shall furnish a documentary proof to the effect that they are registered with NSIC along with the tender documents.
2.0 SECURITY DEPOSIT:
Security Deposit @ 10% for the first Rs. 1.00 Lac of the R.A. Bill, 7 1/2% on the next
Rs.1.00 Lac of the R.A.Bill will be recovered and 5% of the balance order value will be
recovered. S.D. will be refunded after successful completion of the order subject to
maximum of Rs.5.00 Lacs.
2.1 The amount of Security Deposit as specified in the terms and conditions of the tender
shall be deposited by the successful tenderers within 15 days of acceptance of offer or
as per advice of the Corporation.
2.2 Failure to furnish Security Deposit in accordance with the conditions of the tender within
15 days of the award of the contract or as advised alternatively will be considered to be
breach of contract, which would give the Corporation the right to terminate the
contract and forfeit the EMD also will be entitled to take any other course of action
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against the successful tenderer as it may deem fit like stoppage of business
dealings/debarring from tendering etc.
2.3 The Security deposit may be made either by bank draft or bank guarantee in favour of
Cement Corporation of India Limited from a schedule Bank in the prescribed form as
given in Annexure-II valid for a period of 6 months beyond the date of completion of
contract. The Earnest Money Deposit in the form of RTGS will be adjusted towards
portion of Security Deposit, in the case of successful bidder.
2.4 If work is not started after acceptance of Tenderer’s offer, EMD/SD will be forfeited.
2.5 In the event of any approved upward revision in the value of the contract, the successful tenderer will on receiving intimation from the Corporation, make further deposit as specified by the Corporation towards the increased value of the contract.
2.6 The Security deposit will not bear any interest, the Corporation reserves the right to
adjust security deposit towards any amount due to it from the successful tenderer
against this contract or against any other contract with this corporation and on such an
event the successful tenderer on receipt of notice from the Corporation shall make
further deposit to restore the security deposit to the full amount.
2.7 The Security deposit shall be liable to be forfeited wholly or partly at the sole discretion of
the Corporation, should the successful tenderer either fail to complete the jobs assigned
to him/them as per agreed time schedule or to fulfill his/their contractual obligations or
to settle in full his/their dues to the Corporation.
2.8 The Corporation is empowered to deduct from the Security Deposit or any other
outstanding amount any sum that may be fixed by the Corporation as being the amount
of loss or losses or damages suffered by it due to delay in performance or non-
performance of any of the conditions of the tender/contract. The Corporation will,
however, not be bound to prove any demonstrable loss or damage suffered.
2.9 The Corporation shall have a lien over any money that may become due and payable to the Contractor under this contract or any other contract or transaction of any other nature either all alone or jointly with others and unless the contractor pays and clears the claim of the Corporation immediately on demand, the Corporation shall be entitled at all times to deduct the said sum due from the contractor from any money/security deposit with which may have become payable to the contractor or may become due at any future date under this contract or any other contract transaction whatsoever between the contractor and the Corporation without prejudice and in addition to the other rights of the Corporation to recover the amount of any such claim by other remedies legally available.
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2.10 Bank Guarantee as required under this contract or agreed to against any advance made
by the Corporation/Contract performance/equipment performance/guarantee etc, shall
be extended by the Contractor whenever so required by the Corporation and without
any question for recovering the period of completion and finalization of work,
performance etc., Failure to do so, shall entitle the Corporation to encash the bank
Guarantee against it towards any dues, recoveries, L.D. etc.
3.0 MEMBER OF THE CORPORATION NOT INDIVIDUALLY LIABLE:
No Director or official or employee of the Corporation shall in any way be personally
bound or liable for acts or obligations of the Corporation under the contract or
answerable for any default or Omission in observance or performance of any of the acts,
matters or things which are herein contained.
4.0 CORPORATION NOT BOUND BY PERSONAL REPRESENTATION:
The Contractor shall not be entitled to any increase in the rates or any other right or claim
whatsoever by reason of any representation, explanation or statement or alleged
representation, promise or assurance given or alleged to have been given to him by any
employee of the Corporation.
5.0 NON-PERFORMANCE OF CONTRACT/CANCELLATION OF CONTRACT/RIGHT OF THE
CORPORATION:
5.1 The Corporation reserves the right to cancel the contract if the contractor fails to carry
out the jobs assigned to him as per contract and as per the instruction given by authorized
representative of the Corporation. In addition, Corporation may also take any other
remedial measures in such as event as described hereunder.
5.2 Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the
tenderers , their partners, agents or servants to any officer, servant or representative of
the Corporation for obtaining or for execution of this or any other contract or for receiving
payments under the contract shall, in addition to the criminal liability he may incur, will
subject the tenderer to cancellation of this or any other contracts and also to payment or
any loss resulting entitled to deduct the amount so payable from any money otherwise
due to the tender under this or any other contract, Any question or dispute as to whether
the tenderers have incurred any liability under the clause shall be settled by the
Corporation in such manner and on such evidence or information as it may deem fit and
sufficient and the Corporation decision in this regard shall be final and conclusive.
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5.3 In case of any compelling circumstances or for any other reasons and in the opinion of the
Corporation, the contract needs to be determined and terminated at any stage during the
execution, the Corporation shall be entitled to do so, giving one month’s notice in writing.
In such as eventuality, no compensation, whatsoever, for any arrangement is made by the
contractor or for any liabilities incurred by him or any consequential loss will be payable
by the Corporation except the payment for work actually done at contacted rates, after
making good all dues recoveries, L.D. if any etc. CCI also reserves its right to suspend the
contract for any compelling reasons if in the opinion of the Corporation it is so required.
In such an eventuality, the time or completion will be extend to the extent of suspension
period but no claim whatsoever for any damages, increase in rates, idle wages machinery
etc., will be payable to the contractor.
5.4 The Corporation also reserves the right to get the job done from the open market by
tender or by any other mode at the risk and cost of supplier in respect of such quantities
that the supplier fails to deliver in accordance with the schedule of delivery agreed to,
after giving due notice to the supplier.
6.0 SUB-LETTING OF CONTRACT:
The Contractor shall not sub-let or assign this contract or any part thereof without
obtaining, prior written permission of the Corporation. In the event of the Contractors
Sub-letting or assigning the contract or any part there of without such permission, the
Corporation shall have the right to rescind the contract and the Contractor shall be
liable to the Corporation for any loss or damage which the Corporation may sustain in
consequence or arising out of such cancellation, Even in case sub-letting is permitted by
the Corporation, the party to whom sub-letting is proposed, will be subject to approval
of the corporation. However, the Corporation will not recognize any contractual
obligations with the persons or party to whom the contract has been sub-let including
compensation under workmen’s compensation Act and the contractor will be held
responsible for the satisfactory due and proper fulfillment of the contract.
6.1 The contractor observe all the rules/regulations of the Central and State Govt. and the local authorities as relating to transportation of material by road and shall pay all taxes (road taxes, passenger, goods tax etc.) as levied by the authorities, if any breach of the said rules/regulations/orders committed by him, he shall be solely responsible for the same.
6.2 All persons employed by the contractor including the drivers and cleaners of the trucks
tailors, machinery operators etc., shall be instructed by the contractor to observe
strictly all the road safety regulations prescribed, either generally or by CCI whilest they
are in the premises of the factory of the colony or on road and if any person commits
34
breach of any of the regulations, it shall be open to the Corporation to disqualify that
person from entering the premises of the factory or the Corporation to disqualify that
person from entering the premises of the factory or the colony. The contractor shall be
bound to comply with such instruction forthwith.
6.3 The contractor shall abide by the contract labour (Regulation and abolition) Act, 1970 6.4 If any damage is caused to any property or any injury is caused to or the death occurs of
any person in the premises of the factory or the colony or any where also due to any act or any person employed by the contractor or through his machinery or activities, the contractor will be liable for damage/compensation is respect thereofand shall indemnify the Corporation and keep the Corporation indemnified against all loses, damages, costs, charges, expenses and all liability of whatsoever nature and kind which the Corporation may incur, sustain, suffer or be put to in consequence or by any reason of such damage, injury or loss of life.
6.5 If any damages are caused to any of the contractors Vehicle/belongings/equipment/
machinery/materials/ establishments etc. or any injury is caused to or death occurs of any person employed by him in connection with the performance of this contract, due to negligence of any person employed by him or otherwise, the Corporation shall not be liable for damages or compensation in respect thereof under the workmen’s Compensation Act or otherwise.
6.6 Income-tax will be deducted from R.A. Bill as per rule in force.
7.0 CHANGES IN CONSTITUTION: 7.1 Where the contractor is a partnership firm, a new partner shall not be introduced in the
firm except with the previous consent in writing of the Corporation which may be
granted only upon furnishing of a written undertaking by the partner to perform the
contract and accept all liabilities incurred by the firm under the contract prior to the
date of such undertaking.
7.2 On the death or retirement of any partner of the contractor’s firm before complete
execution and performance of the contract, the Corporation, may, at its option, rescind
the contract and in such case the contractor shall have no claim, whatsoever, to
compensation of any kind, consequential loss etc., against the Corporation.
7.3 Without prejudice to any of the rights or remedies under this contract, if the contractor
is a proprietorship concern and the proprietor dies during the subsistence of the
contract, the Corporation shall have the option to terminate the contract without
35
paying compensation of any kind consequential loss etc., to any claimant i.e., legal
heirs and successors.
8.0 FORCE MAJEURE CONDITIONS:
8.1 If at any time during the continuance of the agreement/contract it becomes impossible
by reasons of war, or war like operations, strikes, lock-outs, riots, civil commotion,
epidemical sickness, pestilence, earthquake, fire, storm, or floods, the contractor shall,
during the continuance of such contingencies not be bound to execute the contract
during this period as per agreement/contract time schedule. The work shall be
resumed immediately the contingency (ies) has/have ceased or otherwise determined
and Contractor’s obligations shall continue to be inforce for correspondingly extended
period after the resumption of execution. The contractor shall however, inform the
Corporation by registered post about such acts at the beginning and end of the above
causes of delay within ten days of occurrence and cessation of such force majeure
conditions.
8.2 In the event of delay in performance of Corporation work if arising out of causes of
force majeure. The Corporation reserves the right to cancel the order/contract without
any compensation, whatsoever, and/or any consequential loss etc.
8.3 Only events of force majeure which effect the work at the time of its occurrence shall
be taken into cognizance. The Corporation shall not be liable to pay any extra costs or
increased rates due to delay under force majeure conditions. Only appropriate
extension of time will be granted.
8.4 Liquidated damages:
a) Liquidated damages for delay in supply shall be levied @ ½ % per fortnight or part thereof for the value of quantity late executed. The liquidated damages.
b) however, shall be subject to a ceiling of 5 % of the late executed value. The corporation will, however not be bound to prove that it has suffered also to the extent of liquidated damages claimed.
c) If the contractor fails to carry out the job during the pendency of the contract period , corporation at its description entitle to take any alternative action at the risk and cost of the Contractor.
9.0 NOTICE :
Any notice hereunder may be served on the contractor by registered post/speed post at
his last known address. Proof of issue of any such notice at this address shall be
conclusive proof of having received the notice by the contractor. Hence it is the total
responsibility on the part of the contractor to provide the correct correspondence
36
postal address. If the contractor is changing their office premises due to their personal
reasons an intimation to be sent well in advance by registered post/speed post to the
Corporation to make a note of the same and make necessary correction in the relevant
records and sent communication by registered post/speed post/ordinary post as and
when required. It is prime responsibility of the contractor to keep the office for the
address which is provided/intimated and also receive all the communication which will
be sent by the Corporation without refusing.
10.0 DISPUTE UNDER THIS CONTRACT AND ARBITRATION:
10.1 In the event of any question/dispute, breach of or difference arising in respect of the
meaning and scope of terms and conditions herein or in connection with any matter
under this agreement (except for those matter which are to be decided as per
provisions made in these terms and conditions) the same shall be referred to the sole
arbitration by an officer of the Cement Corporation of India Limited, New Delhi
appointed by its C& MD. There will be no objection if the arbitrator is an employee of
the Corporation and he had at anytime in discharge of his duties as an employee of the
Corporation has expressed views on all or any of the matters in dispute or difference. In
case the employee of the Corporation who has been so appointed as an Arbitrator
ceases to be in the employment of the Corporation because of his superannuation or
otherwise in any manner, shall no longer remain as an Arbitrator from that day and
C&MD of the Corporation shall appoint another employee of the Corporation as sole
arbitrator in his place who shall proceed in the matters from the stage where the
previous arbitrator had left the proceedings. Except where the award is an arbitral
award on agreement terms under section 30 of the Arbitration and Conciliation
Ordinance, 1996, the arbitrator shall give award with reasons in respect of each claim,
dispute or a difference referred to him. The award of the arbitrator shall be final and
okay and binding on the parties to this contract and persons claiming under them
respectively.
10.2 Subject to aforesaid the Arbitration and Conciliation Ordinance, 1996 and the rules
made there under and any statutory modifications thereof for the time being in force
shall apply to the arbitration proceedings under this clause.
10.3 The work under the contract shall be continued uninterrupted during the pendency of
the arbitration proceedings and no payment due from one to the other parties therein
shall be with held on account of pendency of such proceedings unless such payment
related to the matter under arbitration.
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10.4 The venue of the arbitration shall be New Delhi or such other place as the arbitral
tribunal at his discretion may determine.
11.0 JURISDICTION:
It is hereby agreed by the parties here to that only Courts Tandur/Vikarabad shall have
jurisdiction to decide or adjudicate upon any dispute, which may arise out of or be in
connection with this agreement.
12.0 LAWS GOVERING THE CONTRACT:
This contract shall be governed by the laws of Union of India in force.
13.0 WAIVER NOT TO IMPAIR THE RIGHT OF THE CORPORATION:
Any delay in exercising or omission to exercise any right power or remedy accruing to
the Corporation upon any default under this contract shall not impair any such right,
power or remedyor shall be construed to be an in action of the Corporation in respect of
any such default or any acquiescence by the Corporation effect or impair any right,
power of remedy of the Corporation under this contract.
14.0 CONDITIONS GIVEN BY THE TENDERERS:
With the acceptance of the terms and conditions described in this tender, any terms
and conditions given by the tenderers contrary to those conditions shall be treated as
withdrawn by the tenderer(s).
15.0 In case, if any accident took place during operation/execution of contract at our
premises neither with HEMM nor with manpower of contractor, all the relevant
expenditure i.e Survey, Compensation, TA, transportation charges, insurance liaison
with concerned authorities etc will be on contractors account only, meaning thereby
totally expenditure/responsible lies on the part of the contractor.
16.0 The rates accepted shall remain firm during the tenure of this contract and no increase will be allowed on this account whatsoever it may be. However if any rates received are lower than the existing rate for the similar nature of work, the same rate/s are applicable to this contract also, the same may kindly be noted by the contractor.
17.0 The work will be awarded on over all L-1 basis.
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Annexure V
CEMENT CORPORATION OF INDIA LIMITED TANDUR CEMENT FACTORY
PART- III (A)
SPECIAL TERMS AND CONDITIONS FOR HIRING, LEASING OF HEAVY EARTH MOTING EQUIPMENTS FOR
DRILLING/EXCAVATIION WITH LOADING AND TRANSPORTATION OF LIMESTONE, SHALE AND RE-HANDLING OF LIMESTONE (AVERAGE DISTANCE 700 MTRS) AT CEMENT CORPORATION OF INDIA LIMITED, TANDUR CEMENT FACTORY AT WEIGHMENT ON CCI’S WEIGHBRIDGE ON THE WAY TO CRUSHER HOPPER.
1) AREA ALLOTED:
The contractor will have to carry out the work under this contract at the area(s) allotted to him by the Corporation from time to time. The Contractor will have no right of choice in the matter or to change the area allotted to him nor will he have a right to demand a change of the allotted area.
2) CONSTRUCTION OF ROADS ETC: The Contractor has to maintain the road in workable condition by filling the pot holes with morum from the loading point to the quarry weighbridge and crusher by engaging DOZER/JCB. Where ever required height of the berm to be maintained. The area/s required be made with maximum height with berm will be shown by the CCI personnel. However the height of berm at maximum places is to required be made more than the height of diameter of tyre of tipper/dumper being used for execution of the contract.
3) SUPPLY OF ELECTRICITY:
The Corporation does not guarantee supply of electricity to the contractor required
either for the work or for any other purpose. If, however, the electricity is supplied by
the Corporation at its discretion, the same will be charged at the rates as may be
determined by the Corporation from time to time. The decision of the Corporation in
this regard shall be final and binding on the Contractor. The electricity in such cases
shall supplied at one fixed point as may be decided by the Corporation.
4) EMPLOYMENT OF PERSONS BY THE CONTRACTOR:
a) The Contractor shall employ adequate number of persons in order to maintain progress commensurate with the magnitude of the work and complete the same in the stipulated period and as per schedule of work specified.
39
b)The Contractor shall not employ any female employee without prior written permission from the Corporation.
c) The persons engaged should be local preferably from the surrounding villages.
d) The persons employed by the contractor shall be the employees of the
contractor for all purposes and they shall not be deemed to be in the
employment of the Corporation for any purpose, whatsoever.
5) CONTRACTOR TO BE LIABLE FOR ALL PAYMENT TO HIS EMPLOYEES:
a) The Contractor shall be liable for payment of all wages and other benefits such as leave with wages, wages for paid holidays, contributory provident fund, insurances, free medical aid etc., to his employees and labour as per statutory requirement as may be or may become applicable from time to time to limestone mines. The contractor shall also comply with the provisions of wage board and arbitration Award applicable to the Cement industry as may be existing or modified during the currency of the contract for all the work covered by this contract, if at any time made applicable.
b) The Contractor shall bear all liabilities for the staff and workers employed by him as regards any compensation any litigation and any other action arising out of operation of this contract. c) Before, settlement of the Contractor’s final payment by the Corporation, the Contractor shall deposit in respect of the entire period of contract, all statutory records, registers, pay sheets including pay sheets in respect of leave with wages, payment of compensation for injuries, payment of compensation towards final payment of the labourers and any other records that may be deemed necessary by the corporation within 7 days of the completion / termination of the contract.
c) The Contractor shall submit the payment register for the previous month at the time of submission of bills.
6) PROVISION OF ACCOMMODATION ETC., BY CONTRACTOR TO HIS EMPLOYEES:
The contractor shall make his own arrangements for accommodation, supply of drinking water, first aid, conveyance in case of accidents, free medical treatment etc., for his employees. CCI may provide quarter in its premises on chargeable basis on its discretion.
7) HOURS OF WORK ETC:
The contractor will be required to work only during the hours as may be directed by the Corporation. The contractor shall not work on weekly day of rest or national, paid, festival holidays except with the prior written permission/instructions from the Corporation. The working time will be in two shifts i.e., 6.00 AM to 2.00 PM and 2.00
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PM to 10.00 PM. However it may reduce to 6.00 AM to 6.00 PM as per requirement of factory from time to time.
8) COMPLIANCE WITH STATUTORY PROVISIONS:
a) All the laws, rules and regulations made there under or any orders or directives of any local authority in regard to the operation of mines will have to be followed by the contractor and he shall be liable to pay and indemnify the Corporation against any fee, penalty or charges paid by the Corporation under any laws, rules, regulations etc. In their own interest, tenderers are advised to be fully conversant with the following;
i) Metalliferous Mines Regulations 1961. i) Mines Act, 1952. iii) Mines Rules, 1955. iv) Mineral conservation and Development Rules, 1988. v) Motor Vehicle Act. vi) Workmen compensation Act, 1933 and rules made there under.
Required all statutory records to be maintained properly as per procedure. Also
required medical check ups to be made and its related statutory records and
norms be followed/adhered strictly.
Contractor is required to engage sufficient Statutory Foreman Certificate Holders
(Restricted). Shift supervisors/incharges should be Statutory Foreman certificate
holders. Related certificate copies to be submitted.Periodical monthly, quarterly,
half yearly annually and/or any other required reports/returns to be sent to
statutory authorities as per statutory norms and procedure under intimation to
Mines manager.
In case, if any accident took place during operation/execution of contract at our
premises neither with HEMM nor with manpower of contractor, all the relevant
expenditure ie Survey, Compensation, TA, transportation charges, insurance
liaison with concerned authorities etc will be on contractors account only,
meaning thereby totally expenditure/responsible lies on the part of the
contractor.
In case of non-fulfillment of any of such obligations, the contract will be liable for termination at fifteen days notice given by the Corporation without prejudice to any of the other rights of the Corporation under this contract.
b) The contractor will comply with the provisions of payment of wages Act, 1956,
Employees Liability Act, 1938, Apprentice Act, 1961, Employees Provident Fund Act, Bonus Act and Gratuity Act, Workmen compensation Act or any other Act or
41
enactment relating to the work and also the rules framed there under from time to time. If at any time the Corporation is required to make any payment / claims / compensation by virtue of any of the above acts etc., such payment shall be deemed to have been made on contractor’s behalf and therefore the same shall be recovered by the Corporation from the contractor from his running bills or from any sum due to the contractor on any account from the Corporation.
c) Safety equipments as per provisions of Metalliferrus Mines Regulations 1961 and
orders issued there under including various circulars issued by the Director
General of Mines Safety shall be provided by the Contractor to his employees.
Contractor should provide safety show etc., to his employees. If the contractor
fails to provide the safety equipments, the Corporation may be provided the
same on his behalf and the cost of the same shall be recovered by the
Corporation from time the contractor from his running bills or otherwise.
d) The contractor will abide by all the provisions of the contract labour (Regulation & Abolition) Act and Rules made there under and indemnify the Corporation against any penal provisions under the aforesaid act etc. He shall also get himself registered with the competent authority and obtain a license for such work.
d) GST is applicable as per time to time statutory authorities orders and/or
amendments .
e) GST if applicable at any time during contractual period: Any statutory tax or duties
as applicable being enforced by the authority during the contract period shall be borne by the Contractor. However, GST as applicable by the existing rules shall be paid to the authority by the contractor and the same may be reimbursed to the contractor by the Corporation on production of original documents/receipts of Tax paid.
9) PROVISION OF ADEQUATE EQUIPMENT, MATERIALS ETC:
a) The contractor shall employ adequate number of equipment in proper working order in order to maintain progress commensurate with the magnitude of the work and complete the same in the stipulated period and as per schedule of work specified.
b) During the execution of work, the contractor shall at his own cost provide adequate proper execution of the work and ensure the stability and safety of all structures, excavations and works and further ensure that no physical injury or
42
harm is caused or is likely to be caused to any person and no damage or loss is caused or is likely to be caused to any property.
10) RATE:
a) The contractor shall be presumed to have satisfied himself is must and careful examination before submitting his tender as to the nature of ground, the form and nature of the work and materials necessary for the completion of the work and means of access to the site, the accommodation he may require and all other matters incidental thereto and ancillary thereof, affecting the execution and completion of work. He shall also be presumed to have satisfied himself, before tendering, regarding the correctness and sufficiency of the tender for the work as quoted by him in the tender schedule and that his rates and prices cover all his obligations under the contract and all matters and things necessary for the proper completion of work. It is understood and agreed that no extra payments other than for the work actually executed and at the rates agreed, shall be admissible to the contractor on any account and for any reasons whatsoever.
b) The rates entered in the accepted schedule of rates of the contract are rates
intended to provide payments for the work duly and properly completed in conformity with the contract together with such extensions, dimensions, reductions, alternation, or additions in the work as may from time to time be ordered by the Corporation or its authorized representatives. Such rates shall also be deemed to include and cover superintendence, labour and supply of materials, stores, machinery, tools and all apparatus and plants required in the work, all watching, lighting, bailing, pumping and draining, all preventions of or compensation for trespass, all barriers and arrangements for the safety of the Public or of the employees during the execution of work, all sanitary and medical arrangements for Labour camps, the setting of all work and construction, repair and upkeep of all center lines, bench marks and level peos thereon, site clearance, all fees, duties, rent and compensation to owners for surface damages or taxes and imposition payable to appropriate authorities in respect of land, structures and all materials supplied for the work and expenses or statutory levies or duties for which the contractor may become liable under any provision of law for the purpose of or in connection with the execution of contract and all such other incidental charges or contingencies that may arise in connection with the execution of the contract.
c) Rates quoted and accepted will be exclusive of royalty and any cess on limestone imposed by the Govt. Royalty and Cess payable will be to the account of the Corporation and will be paid by the Corporation direct to the Government.
d) The rates accepted shall remain firm during the tenure of this contract and no
increase will be allowed on account of increase in wages etc., to the workers or any other account.
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e) The contractor shall not be entitled to any extra payment for removing any trees, trunks etc., that may be met with while working in the area and also he shall have no claim on material obtained. The material so obtained will be the property of the Corporation.
11) SCHEDULE OF QUANTITIES:
The quantities set out in the schedule of quantities against each item of work are the approximate estimated quantities required to be executed and shall not to taken as actual and contracted quantities of the work to be executed by the contractor under this contract the Corporation may as its discretion increase or decrease the quantities upto 20% of the quantities set out in the schedule of quantities. In case the contracted quantities are reduced / deleted by the Corporation no compensation whatsoever will be payable by the Corporation for such reduction.
12) TERMINATIION OF CONTRACT:
The Corporation may terminate the contract at any time within their discretion, without assigning any reason therefore by giving 15 days notice in writing and without any liability to pay any compensation.
13) CONTRACTOR TO BE FULLY RESPONSIBLE IN CASE OF ACCIDENTS:
The entire responsibility on account of any accident/damage or personal injury which
may occur to any of the Contractor’s vehicle, equipments / to his employees or any out
side party shall be exclusively that of the contractor and no claim whatsoever be
entertained by the Corporation on his accounts.
14) INSPECTION:
The Contractor shall provide the authorized representative of the corporation every
facility for entering in and upon any portion of the work area at all hours for the purpose
of inspection of the work or any other purpose and shall provide all assistance which
may include labour, materials, tools and tackles, ladders, pumps, appliance of every kind
required for the purpose aforesaid, free of cost and the Corporation’s representative
shall at all times have access to every part of the work area and to all places at which
material for work are stored or are being prepared.
15) CONTRACTOR NOT TO SELL ANY MATERIAL:
a) The Contractor shall not sell or otherwise dispose off or remove clandestinely any stone, clay, ballast, earth or rock or other materials or substances which may be obtained from any excavation made in or upon the site and all such
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substances, materials, or produce shall be and shall continue to the property of the Corporation.
b) All Gold, Silver, Oil and other materials or any description and all precious
stones, coins, treasures, relics, antiques and all other similar things which may be found in or upon the site shall not be removed or appropriated by the contractor in any way and it shall be his duty upon finding any such thing or things to inform forthwith the Corporation about it and duly preserve the same to the satisfaction of the Corporation and shall from time to time deliver the same to such person or persons as the Corporation may appoint to receive the same.
16) CLAIMS FOR COMPENSATION:
Under no circumstances, whatsoever, shall the contractor be entitled to any compensation from the Corporation or any account nor will the Corporation entertained any claim for compensation except for the work done under this contract.
17) EXTENSION OF PERIOD OF COMPLETION:
When there is a written request of the Contractor for extension of the period of completion and if in the opinion of the Corporation, the work is delayed by reason of extra or additional work of any kind which fairly entitled the contractor to an extension of time, the Corporation in its absolute discretion may consider the grant of extension of time for completion of the work, but no compensation will be paid to the Contractor on this account.
18) COMPLETION OF WORK AND LIQUIDATED DAMAGES:
a) Time is the essence of the contract, the entire work as stipulated will have to be
completed within the stipulated period mentioned in the tender notice. In case the
quantity of work is increased by the Corporation as stipulated in clause (11) the time of
completion shall be proportionately extended by the Corporation.
b) The monthly quantities to be executed by the contractor against each item of work of the contract have been mentioned in the Special terms and conditions (Part-III) and if these monthly quantities are not fulfilled penalty as specified therein shall be paid by the contractor.
c) The work shall be completed by the contractor within the time stipulated in the tender and to the satisfaction of the Mines Manager or his representative of the Cement Factory / Project failing which the contractor shall pay damage to the Corporation equivalent to the amount of 10% of the value of the unexecuted portion of the work on the date of abandonment if he abandons the work at any time or fails to complete the works within the stipulated time. While calculating
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the damages for failure of the contractor to complete the work in stipulated time the penalty imposed under sub-para (b) above, on account of shortfall in achieving monthly targets shall be taken into account and the contractor shall be required to pay either the penalty imposed according to sub-para (b) above or the damages as per this sub-para whichever of the two is higher. If the contractor ultimately completes the work within the stipulated time as stated in the contract, all penalties on account of shortfall in quantity may be condoned at the discretion of the Corporation provided the Contractor has atleast supplied 75% of the quantity scheduled for each month.
d) The Contractor may, however, complete the work after the stipulated period with
the consent of the Corporation and subject to the condition that he shall pay to the Corporation by way of further damages at the rate of 1% of the value of work remaining unexecuted at the beginning of each week. This will be in addition to the penalty laid down in sub-para( c) above.
e) In case the contractor fails to complete any of the items as stipulated in the schedule of quantities a portion of the payment may be decided by the Corporation shall be withheld from his running bills which shall be paid after completion of that specific item of the work.
19.0 The rates accepted shall remain firm during the tenure of this contract and no increase
will be allowed on this account whatsoever it may be. However if any rates received are lower than the existing rate for the similar nature of work, the same rate/s are applicable to this contract also, the same may kindly be noted by the contractor.
20.0 ACCOMMODATION: Accommodation may be provided on chargeable basis as per the
discretion of the Corporation. After necessary undertaking given by contractor stating
that whenever the same is required by CCI Management Contractor shall vacate the
same failing which all contactor payments will be with held including SD without
assigning any reason till vacation of the accommodation.
21.0 The Corporation reserves the right to split the quantities against the tender between L1 and L2 tenderes in the ration of 70:30. If L2 tenderer match the L1 rates. In case L2 tenderer do not match the L1 rates option will be given to other tenderes starting from L3, L4, L5 ……. etc to match L1 rates and accordingly quantities will be split in the ration of 70:30 between L1 tenderer and the tenderer who matchs with L1 rates. If L2, L3, L4, L5 etc tenders do not match the L1 rates full quantity will be awarded to L1 tenderer.
22.0 The work will be awarded on over all L-1 basis.
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Annexure VI CEMENT CORPORATION OF INDIA LIMITED
TANDUR CEMENT FACTORY
PART- III (B)
SPECIAL TERMS AND CONDITIONS FOR HIRING, LEASING OF HEAVY EARTH MOTING EQUIPMENTS FOR
DRILLING/EXCAVATIION WITH LOADING AND TRANSPORTATION OF LIMESTONE, SHALE AND RE-HANDLING OF LIMESTONE (AVERAGE DISTANCE 700 MTRS) AT CEMENT CORPORATION OF INDIA LIMITED, TANDUR CEMENT FACTORY AT WEIGHMENT ON CCI’S WEIGHBRIDGE ON THE WAY TO CRUSHER HOPPER.
In addition to the General Terms and Conditions of the contract under Part- I , II and III
(A), the following additional Special conditions will also apply to the contract. Special conditions given below, if contradictory to any conditions given in Part- I, II and III (A) shall prevail upon such conditions given in Part- I, II and Part-III (A).
1) SCOPE OF WORK:
a) The work involves Hiring/Leasing of Heavy Earth Moving Machinery for drilling, Excavation with Loading and transportation of blasted Limestone and Shale from Limestone Mine and Karankote Shale Mine lead with average 1.5 to 2.5 KM and 2.0 to 3.0 KM respectively upto unloading in Crusher hopper. Re-handling quantity Limestone (average distance 700 Mtrs)
b) The Contractor and his men will work under technical supervision of Corporation officials i.e., Mines Manager and his representatives thereof.
c) The Contractor is bound to follow the Mines Act and Mines Rules and regulations and other statutes and circulars issued there under applicable from time to time during the period of contract as already stipulated in Para 8 of terms and conditions of Part-III (A). Any statutory tax or duties being enforced during contract period by the concerned Authority shall be borne by the contractor.
d) The work involves major operation of drilling, loading and transportation of Limestone. The drilling operations are required to be done by Contractor engaging his Own machinery. The area for drilling, operations, drilling, parameter, selection of bench for drilling shall be decided by the Mines Manager or his representative as per the quality requirement of Limestone for the Plant. Contractor shall have no right of choice for change of the Bench or the drilling area on the bench and drilling parameter Drilling operation shall be done by complete wet drilling system as per DGMS circular. Every time contractor shall have one drilling face ready in advance drilled. If there is any generation of boulders after primary blasting, secondary drilling will also to be carried-out by Contractor only.
e) Blasting will be done by CCI at their own cost.
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2) The contractual period is 02 (two) years. QUANTITY PER YEAR IS: i) LIMESTONE : 10,00,000 (Ten Lacs) Metric Tonnes ± 20%. ii) SHALE : 75,000 (Seventy five thousand) Metric Tonnes ± 20%
RE-HANDLING QUANTITY PER YEAR IS: LIMESTONE: 1,00,000 (One Lac) Metric Tonnes ± 20%.
However, CCI reserves the right to divide the quantum of quantity of work in between two contractors @ 70:30 ratio basis and proportionately deployment of HEMM equipments etc., on the same ratio basis.
3) VALIDITY OF CONTRACT:
a) The period of contract is 02 years. b) Monthly schedule will be given by Mines Manager or his representative. c) A period of 15 days after issue of Letter of Intent/Work Order shall be allowed as
mobilization time for shifting of equipments to our site. d) After mobilization of equipments, the contractor shall commence the work
immediately. e) In case the Contractor is not able to complete the quantity awarded to them,
then CCI, at its discretion, may extend the contract period for three month by levying the penalty. However, in case the Contractor is not able to complete the quantity in two years, for the reasons not attributed to them the Contract period may be extended for completion of contracted quantity without levying any penalty for three months.
f) CCI can amend the quantity as ± 20%. In case CCI desires to enforce + 20% the Contractor will be given proportionate additional time.
g) In case of sale/disinvestments of CCI takes place during the contractual period, the contract shall be short closed by giving one month notice.
h) Lead means the distance covered one side i.e., Mines face to Crusher hopper. No
payment will be made for return empty trip i.e. from crusher hopper to mines
face. No idling charges will be paid to the contractor in case non-utilization of
machinery.
The rate quoted shall be firm till the completion of contract. No escalation shall
be applicable during the validity of the contact and its extended period except
that of change in the diesel rates. Any change in the diesel rates the
escalation/de-escalation on the contract rate due to change in the price of diesel
on completion of each year shall be applicable as per the following formula after
receipt of the documentary evidence from the contractor.
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Formula for price escalation/de-escalation on diesel cost will be as under:
Assuming diesel price at the time of issue of LOI/WO = Rs.60.00 per liter Assuming the diesel price after completion of one year = Rs.70.00 per liter Percentage hike in the diesel rate = (70-60) x 100 = 16.67%
60 Calculation for the price escalation/de-escalation per MT = 100 x 30 x 16.67 = 5.0% of total contract value per MT. 100 x 100
For price escalation/de-escalation calculation, diesel price of normal diesel of same
company (HP/IOC) of the same locality on the date of issue of LOI and on the date of
completion of each year should be considered.
4) MINING OPERATION:
a) The drilling, loading and transportation of the material is to be done mechanically only. No manual loading/un-loading will be permitted.
b) The Contractor has to necessarily bring the drilling equipments to our site first before mobilization of other equipments so that after the completion of drilling, blasting is done for loading and transportation of blasted material.
c) The limestone shall be un-loaded into the Crusher hopper only. The tipper driver shall move the tipper from the Crusher hopper only after it has been completely unloaded and the body of the tipper is completely brought down in its normal position to avoid dumping of material outside the Hopper which will affect the further placement and unloading of loaded tippers leading to idling of tipper at the crusher hopper top adversely affecting the progress of transportation of material.
d) This will be the sole responsibility of the Contractor to clean clear and release the jamming of Crusher hopper and its surroundings either mechanically or manually as and when required.
e) The Contractor shall maintain roads, faces, benches and clean workable conditions. Any spillage material shall be cleaned by the contractor mechanically by engaging dozer.
f) Dust suppression to be carried out by engaging Water Tanker (truck mounted). g) If the contractor fails to do any of the above work which will be done by CCI by
engaging its equipments/manpower and the charges will be deducted from the Contractor’s running bills at the rate decided by CCI.
h) The Contractor’s operation shall be under supervision of Site-incharge duly authorized by the Contractor in writing. The Site-incharge shall remain always available at the site during the progress of work which will be carried out in two shifts i.e., from 6.00 AM to 2.00 PM and 2.00 PM to 10.00 PM which may be reduced to 6.0 am to 6.0 pm as per the requirement of Corporation. The Site-
49
incharge at the beginning of each shift shall take tippers, any other mobile equipments and manpower inside the mine after such entry has been duly authorized by CCI Shift incharge. The Site-in-charge shall ensure that all its equipments are registered at the Main gate Security at the time of starting of work and at the time of leaving of equipment after completion of work.
i) Contractor shall have separate crew of operation for different shift for each equipment.
5) HEMM EQUIPMENTS:
a) Loading equipment are to be Crawler mounted only with back-hoe attachment it should have heavy duty bucket, capacity of 1.9 m3 or above, like Hitachi- 300, PC- 300 etc.
b) The deployment of equipment such as drilling machine, loading machine, dumper/tipper etc., will commensurate with the quantity of work indicated to be completed on daily basis working.
c) The equipment supplied by the Contractor should be in good working condition and safe in operation. In case of breakdown of drill and compressor, Corporation may provide drilling machine and compressor and no payment will be made to the Contractor towards this operation.
d) The Contractor should have their own maintenance facilities. Space outside the Mines shall be provided by Corporation free of cost.
e) The following statutory requirements laid by the DGMS shall be
fulfilled/complied.
i) All equipments/ Machineries engaged in the mine shall be audited/inspected by a team consisting of Mine officials and Contractor’s technical personnel for their suitability before engaging in the mine
ii) The Contractor shall produce its tippers at Mine site office fortnightly for checking/inspection by competent person (Incharge HEMM) for brake, steering and lights. Other equipments shall be checked at Mines face and entries will be made in bound page book.
iii) As per ‘Code of Traffic Rules’, the Contractor tippers shall not indulge in over speeding and shall not over- take any vehicle moving in front of it and shall maintain a minimum distance of 25 meters from the vehicle moving ahead of it.
f) A copy of the ‘Code of Traffic Rules’ shall be provided to the contractor before starting the work.
g) Operators of machineries must posses valid driving /operating licences.
6) MEASUREMENT OF WORK:
a) Measurement of work/quantity on basis of which payment will be released shall be as per weighment.
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b) 100% weighment is to be carried out by the Contractor at CCI’s weighbridge at
mines weighbridge for loaded trip and the tare weight of particular tippers shall be recorded once in a day, preferably the Ist trip will be considered for the day for tare weight.
c) Weighbridge should have automatic printing of weighment slip, in case weighbridge of CCI’s (mines) is under breakdown the number of tippers of the contractor carrying the load will be counted and weight will be fixed by taking average eight on the basis of random sample weighment to be done at our weighbridge of inside plant for 20% of the trips for day. No extra payment will be released for this.
d) Weighbridge to be operated by CCI staff only in presence of Contractor’s authorized representative before commencing of shift.
e) Before starting the loading operation in First shift and Second shift tare weight is to be taken for all the vehicles which will be applicable for the particular shift of the day.
f) The print the trip slips as per Proforma of CCI with serial number. They will be sent in triplicate through the driver of the tipper in each trip of Limestone. Before the tipper reaches Limestone crusher hopper, the trip slip will be produced to the Mining representatives who will sign on all the copies (in triplicate) of trip slip and also make entry of each trip in a register to be maintained by him. Thereafter, the tipper driver will go to Limestone hopper for unloading after weighment through weighbridge and tipper driver handover the all copies of slips to the Security guard of CCI at the Hopper. The Security guard will sign all the three copies of slips, retain two copies with him for CCI records and give back one slip to the tipper driver for contractors records. The Security department will handover all the trip slips so collected from tipper driver after unloading of the material to Mining department by end of each Shift daily. The trip slips signed duly both the Mining representatives and Security guard shall form the basis for passing of Contractor’s bill.
7) PENALTY: The shortfall in month wise schedule of quantities shall be calculated
quarterly. The contractor will pay penalty of Rs.1/- per MT (Rupees One only) of
shortfall from quarterly quantity. If there is delay due to breakdown etc., of CCI
machines or reasons due to CCI, the contractor will not be penalized to that
extent.
8) PAYMENT:
Bills should be submitted to HOD (MINING), CCI- Tandur Cement Factory once in 07 days (seven days). Payment will be made normally within 07 days from the date of submission of bill, subject to submission of complete documents alongwith bill. The GST and other allied statutory taxes are applicable from time
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to time till completion of contractual period. The contractor has to register with GST authorities and submit a copy of the same alongwith tender documents.
9.1 EQUIPMENTS TO BE DEPLOYED
Contractor shall bring all equipments comprising set of equipments on the day of starting the Work. Set of minimum equipment to be deployed by Contractor shall be as under. In case of splitting of tender quantity and machineries into two parties in 70:30 ratio the proportionate numbers of equipments also spit between two parties in Annexure-F.
Sl.no. Name of equipment Quantity in nos
01) Loading equipments i.e., Excavator with back hoe attachment Bucket Capacity 1.9 M3 or above (type of equipment like PC-300, L&T-300, Hitachi-300, Komatsu- 300 etc., or of bigger capacity).
03
02) Transport equipments with 25 to 30 MT capacity (Dumpers)
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03) Drill Machine 4” – 4 ½ dia Crawler mounted with wet drilling system
02
04) Matching compressor for above drill machine 02
05) Dozer/JCB for face / road cleaning (heavy duty) 01
06) Water Tanker mounted on truck 01
9.2 All the machines/equipments should not be older than 05 years for owned equipment and 03 years for lease hold equipments. Minimum 50% should be Owned Equipments/ HEMM Machineries.
9.3 All equipments mentioned in the tender should be either owned by the tenderer
or the tenderer must have the right of possession of the same. Documentary evidence for ownership/ possession & for the capacity of the equipments are to be enclosed with tender documents. If the tenderer does not submit the same, he should deposit Rs. 10 lacs in the form of RTGS as security in lieu of non-submission of said documents. The Contractor should have their own maintenance facilities for which, space will be provided at the site by CCI.
9.4 The HEMM being deployed by the contractor should be good conditioned and
not to be aged/out dated.
9.5 The HEMM being deployed for execution of the contractor should be maintained properly/thoroughly and daily checks as per norms/procedure to be made invariably.
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9.6 Daily check register be maintained for the HEMM deployed by the Contractor and qualified Engineer (HEMM) be signed on day to day basis positively.
9.7 Periodical check report for the HEMM being deployed for execution of the
contract be made from authorized service center/OEM and its report be
submitted.
9.8 Employees working with Contractor should have the basic training on Mines
Safety norms. They should also be required training from time to time as per
statutory norms.
9.9 Employees working with contract should have required medical check up as per
form “O” from Medical Officer as per statutory norms.
9.10 Operators engaged/appointed by the Contractor should have valid HMV license
holder and also required relevant valid insurance also. These are to be submitted
before starting the work.
9.11 Contractor must issue identity card to his employees engaged for the execution
of the contract. If they are not having the identify card they will not be allowed
into the mines and treated as unauthorized persons. The same should be made
under the supervision of Mines Manager or his authorized representatives.
9.12 All equipments mentioned in the tender should be either owned by the tenderer
or the tenderer must have the right of possession of the same. Documentary
evidence for ownership/possession & for the capacity of the equipments are to
be enclosed with tender documents. If the tenderer does not submit the same,
he/they should deposit Rs.10 lakhs in the form of RTGS as security in lieu of
non-submission of said documents. The contractor should have their own
maintenance facilities for which, space will be provided at the site by CCI Ltd,
Tandur Cement Factory at Mines premises.
9.13 Successful tenderer have to submit required details regarding ownership
before start of the work otherwise the Security amount of Rs.10 lakhs will be
forfeited. On submission of required documents the security deposit of Rs.10
lakhs will be refunded within 15 days/adjusted in SD.
10.0 Mine Faces allotted to the contractor shall be cleared by engaging dozer by him.
11.0 OTHER COMMERCIAL TERMS AND CONDITIONS
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11.1 CCI reserves the right to divide the work between two Contractors for speedy execution and the quantum of work to be allotted will be 70:30 ratio. Each contractor has to deploy separate set of equipments as per clause 10.1 of part III (B).
11.2 In case existing contractor fails to perform to the satisfaction of the Corporation, the Corporation may place adhoc order simultaneously or at any time during the period the contract with one or more tenderer(s) for such quantity and for such jobs as the Corporation deem fit at the risk and cost of the existing Contractor / Contractors.
11.3 Normally no price negotiation will be conducted. Tenderers are advised to quote
most competitive rates. However, Corporation reserves the right to negotiation when quoted rate received on the higher side.
11.4 The rates accepted shall remain firm during the tenure of this contract and no
increase will be allowed on this account whatsoever it may be. However if any rates received are lower than the existing rate for the similar nature of work, the lesser rate/s are applicable to this contract also, the same may kindly be noted by the contractor.
11.5 In case of the due date of sale/submission/opening of tender falling on Government holiday(s), the succeeding working day / date will be treated as due day / date automatically. However, the time will remain unchanged.
11.6 In case, if any accident takes place during operation/execution of contract at
our premises either with HEMM or with manpower of contractor, all the relevant expenditure ie Survey, Compensation, TA, transportation charges, insurance liaison with concerned authorities etc will be on contractors account only, meaning thereby totally expenditure/responsible lies on the part of the contract.
11.7 Contractor is required to engage Foreman Certificate Holders (Restricted)
invariably.
11.8 Shift supervisors/incharges should be Statutory Foreman certificate holders (Restricted). Related certificate copies to be submitted.
12.0 EARNEST MONEY DEPOSIT:
a) For this contract EMD is Rs.2,00,000/- (Rupes Two lacs only) to be submitted as per clause No.1.1 to 1.4. of Part-II General Terms and Conditions.
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b) All the tenderers including those registered with the Corporation should furnish earnest money deposit, as specified, by way of RTGS only in favour of Cement Corporation of India Limited, payable at State Bank of India, Karankote Branch. Tenders received without the Earnest Money Deposit, as specified in the tender, will be liable for rejection. Any other money held by or pending with the Corporation against any other contracts will not be generally adjusted/treated as EMD for this tender.
13.0 SECURITY DEPOSIT:
Successful tenderer(s) shall have to furnish a Security Deposit in terms of Clause No. 2.0 ,2.4 to 2.9 of Part- II general terms and conditions of the tender documents for satisfactory completion / performance of the contract.
14.0 ACCOMMODATION:
Accommodation may be provided on chargeable basis as per the discretion of the Corporation. After necessary undertaking given by contractor stating that whenever the same is required by CCI Management Contractor shall vacate the same failing which all contactor payments will be with held including SD without assigning any reason till vacation of the accommodation.
15.0 In the event of negotiations, only downward revision of rates will be allowed.
Any change in techno commercial terms as agreed earlier, will not be
permitted at this stage. Hence any qualifying remarks in the price bid
revised/negotiated offer will not be entertained.
16.0 Minimum monthly target for L1 party in case of Limestone is 35,000 MT and for
L2 party is 15,000 MTs. If the stockpiles are full, then the material will be stored
in a temporary stockyard before the crusher (approximately 700 miters before
the crusher hoper), subject to clearance/advise from HOD(Mining). In case of
Shale target will be given based on requirement from time to time.
17.0 The re-handling of the quantity will be based on plant requirement. The
corporation reserves the right to place work order without re-handling work
also.
17.0 In case of plant is required to be stopped in long term i.e. more than 15 days,
necessary intimation will be given to contractor well in advance.
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Annexure-VII CEMENT CORPORATION OF INDIA LIMITED
TANDUR CEMENT FACTORY
PRICE BID FOR (1) LIMESTONE & SHALE CCI WEIGHBRIDGE) (2) REHANDLING OF LIMESTONE
BASED ON REQUIREMENT OF PLANT
Sub: Tender for Hiring, Leasing of Heavy Earth Moving Equipments for Drilling, Excavation
with Loading and transportation of LIMESTONE, SHALE and re-handling of limestone
based on requirement of plant at Tandur Cement Factory.
Description of work:
1) Hiring, leasing of heavy earth moving equipments for drilling, excavation with loading and transportation of LIMESTONE and SHALE after weighment and re-handling of quantity as and when desired as stipulated in Tender.
Sl. no.
Description of work Quantity in MT (Limestone + Shale) for one year
Rate per MT Total rate in Rs
01 Rate for drilling per MT 10,75,000 ± 20% MT
02 Rate for excavation with loading per MT
10,75,000 ± 20% MT
03 Rate for transportation per MT 10,00,000 ± 20% MT
a) Limestone – average lead distance 1.5 to 2.5 KMs
b) Shale – average lead distance 2.0 to 3.0 KMs
75,000 ± 20% MT
04 Re-handling of quantity Limestone (average distance 700 Mtrs)
1,00,000 ± 20% MT
05 GST %
GRAND TOTAL (1+2+3+4+5 )
Note: 1) The work will be awarded on over all L-1 basis 2) GST shall be reimbursed at actual on production of proof of payment.
3) Total contractual period is two years. Quantity per year for Limestone is 10 lacs ± 20% MT,
Shale is 0.75 lacs ± 20% MT and Re-handling quantity of Limestone (average distance 700
Mtrs) 1.00 Lakh ± 20%. However, the corporation reserves the right to place work order
without re-handling work also.
Place: Date : Signature of the tenderer with Official Seal, full address
