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Development & Operation of 14 Mtpa Iron ore Mine at Rowghat Bidding Document- August 2016
Page 1 of 121
Table of Contents
DISCLAIMER 3–4
3 DEFINITIONS 10 – 16
4 INTRODUCTION 17 – 22
6 QUALIFYING CRITERIA 28 – 33
7 INSTRUCTIONS TO BIDDERS 34 – 47
FORMATS
FORMAT 1 – EXECUTIVE SUMMARY
FORMAT 2 – COVERING LETTER FOR TECHNO COMMERCIAL BID
FORMAT 3 – SUBMISSION OF TECHNICAL CRITERIA AS PER
QUALIFYING REQUIREMENTS
FORMAT 4 – SUBMISSION OF FINANCIAL CRITERIA AS PER
QUALIFYING REQUIREMENTS
FORMAT 5 – SUBMISSION OF ADDITIONAL INFORMATION
FORMAT 6 –PRICE BID
FORMAT 7 – BANK GUARANTEE FOR EMD
FORMAT 8 – PERFORMANCE BANK GUARANTEE
8 FORMAT 9 – DEVIATION SHEET 48 – 121
FORMAT 10 – INTEGRITY PACT
FORMAT 11-GENERAL RULES AND REGULATIONS GOVERNING .
CONDUCT OF ONLINE REVERSE AUCTION.
FORMAT 12-SAFETYIN CONTRACTWORKS IN MINES
FORMAT 13-GUIDELINES FOR INDIAN AGENTS OF FOREIGN
SUPPLIERS
FORMAT 14-(i) FORMAT OF AGREEMENT BETWEEN BIDDER
. AND THEIR PARENT COMPANY / SUBSIDIARY .
COMPANY
FORMAT 14-(ii) PARENT COMPANY/ SUBSIDIARY COMPANY . .
GUARANTEE
FORMAT 15-GUIDELINE ON BANNING OF BUSINESS DEALING
9 MINING SERVICES AGREEMENT 122–188
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DISCLAIMER
2. This document does not purport to contain all the information each Bidder may
require. The document may not be appropriate for all persons, and it is not
possible for SAIL - Bhilai Steel Plant to consider the needs of each party who
uses or reads this document. The concerned parties should conduct their own
investigations and analysis and should verify the accuracy, reliability and
completeness of the information in this document and may obtain independent
advice from appropriate sources.
3. Neither SAIL - Bhilai Steel Plant nor its employees or its Transaction Advisors
(the agency handling the bid management) make any representation or
warranty as to the accuracy, reliability or completeness of the information in
this document.
4. Neither SAIL - Bhilai Steel Plant nor its employees or Transaction Advisors
(the agency handling the bid management) shall have any liability to any
Bidder or any other person under the law of contract, tort, the principles of
restitution or unjust enrichment or otherwise for any loss, expense or damage
which may arise from or incurred or suffered in connection with this document,
or any matter deemed to form part of this document, the award of the work, or
the information and any other information supplied by or on behalf of SAIL -
Bhilai Steel Plant or its employees, its Transaction Advisor or otherwise
arising in any way from the selection process for the project.
5. The document and the information contained herein are strictly confidential
and privileged and are for the exclusive use of the party to whom it is issued.
This document must not be copied or distributed by the recipient to third
parties (other than, to the extent required by the applicable law or in
confidence to the recipient‘s professional advisors, provided that such advisors
are bound by confidentiality restrictions at least as strict as those contained in
this document). In the event that after the issue of this document the recipient
does not continue with its involvement in the bidding process for any reason
whatsoever, this document and the information contained herein must be kept
confidential by such party and its professional advisors at all times.
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6. SAIL - Bhilai Steel Plant reserves the right to change, modify, add, alter this
document or cancels the bidding process without assigning any reasons
thereof, at any time during the bidding process. All parties to whom this
Document has been issued shall be intimated of any such change. The
Bidders or any third party shall not object to such changes/ modifications/
additions/ alterations explicitly or implicitly. Any such objection by the Bidder
shall make the Bidder‘s proposal liable for rejection by SAIL - Bhilai Steel
Plant. Objection by any third party shall be construed as infringement on
confidentiality and privileged rights of SAIL - Bhilai Steel Plant with respect to
this Document. SAIL - Bhilai Steel Plant has the right to reject the bids
submitted by bidders without assigning any reasons thereof.
7. The Bidder shall not make any public announcements with respect to this
Bidding process or this Document. Any public announcements to be made
with respect to this bidding process or this Document shall be made
exclusively by SAIL - Bhilai Steel Plant. Any breach by the Bidder of this
clause shall be deemed to be non-compliance with the terms and conditions of
this Document and shall render the Proposal for Qualification liable for
rejection. SAIL - Bhilai Steel Plant‘s decision in this regard shall be final and
binding upon the Bidder.
8. It is clarified that the provisions of Point no. 5, 6 and 7 shall not apply to
information relating to this Document already available in the public domain
prior to the issue of this Document.
10. The bidder shall bear all costs associated with the preparation and submission
of the Techno Commercial and Price Bid. SAIL - Bhilai Steel Plant and their
Transaction Advisor shall not, under any circumstances, be responsible or
liable for any such costs.
11. This Bid Document purchased by the interested bidder is not transferable.
12. The Government of India shall not be liable under any circumstances for any
acts/ omissions/ commissions under the instant Tender.
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CHAPTER 1
Invitation To Bid
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INVITATION TO BID
1. Steel Authority of India Limited, Bhilai Steel Plant herein after referred to as
"SAIL - Bhilai Steel Plant ", invites sealed bids from prospective Bidders for
"Development and Operation" of 14 Mtpa Iron ore Mine at Rowghat the state of
Chhattisgarh through open cast mining as per approved Mining Plan and terms
and conditions of the Agreement.
2. Bidders will have to meet the qualifying requirement as stipulated in this tender
document.
Bidder may also down load the bidding documents from website at
www.sailtenders.co.in and submit the bid for which no tender cost will be
charged.
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ii. Part 2- "Techno-commercial bid along with the Eligibility Criteria fulfilment
documents and duly signed lntegrity Pact"
Part 1 and Part2 bidswill be opened at 15:00 Hours (lST) on2711012016 atthe
Office of Deputy General Manager l/c (Projects : PCC-TK), Bhilai Steel
Plant, Project Expansion Office, Near lspat Bhavan, Bhilai, Distt-Durg,
India. The Bidders Authorised Representatives may remain present at the time
of opening of Part 1 and Part 2 bid.
Development & Operation of 14 Mtpa lron ore Mine at Rowghat Bidding Document- August 2016
i
PageT ofl2l
CHAPTER 2
Bid Process Timelines
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Bid Process Timelines
***
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CHAPTER 3
DEFINITIONS
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DEFINITIONS
3.4 “Authority” means the Central Government, the concerned State or Local
Governments and includes any Department, Agency, Board, Bureau,
Authority, Regulator etc., constituted or established under a Central, State
or Local Legislation, ordinance including rules and regulations made there
under or by the Central, State or Local Government and court to exercise
sovereign functions in relation to the Scope of Work as per the Agreement.
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3.6 “Bidder”: shall mean bidding company which is a single member or
Bidding Consortium that has submitted the Bid in response to this
Document.
3.10 “Contract Execution Date” means the date on which the Mining Services
Agreement is signed between SAIL–Bhilai Steel Plant and the Successful
Bidder (SPV in case of Consortium), within a maximum period of 60 days
from the date of issue of LOA.
3.12 “Delivery Point” means the railway siding at Rowghat where the Iron ore
will be loaded into railway wagons as per requirement of SAIL – Bhilai
Steel Plant.
3.13 “Deposit” means the iron ore deposits available in the leasehold area
which can be commercially extracted/ exploited in Phases as per
conditions stipulated in Environment Clearance.
3.14 “Document” means this bid document along with corrigenda and
addenda, if any, issued at a later date.
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3.16 “Earnest Money Deposit” shall mean the amount equivalent to Rs
10,00,00,000/- (Indian Rupees Ten Crores only)or equivalent in any
freely convertible foreign currency to be furnished by the Bidder towards
bid security in the form of demand draft/ banker‘s cheque/ bank guarantee
along with Part 1 of the bid.
3.17 “Effective Date”: shall mean the date of signing of Mining Services
Agreement or 60 days from the issue of the Letter of Acceptance,
whichever is earlier as per clause 3.1 of MSA.
3.20 “Financial Year”: Financial Year shall mean the period of 12 months
based on the Financial Accounting Year.
3.23“Good Quality Ore” means ore of size -40mm/-30mm fulfilling the quality
parameters mentioned at clause 5.3.3(i) & (ii) of Bid document. This ore will
be screened to segregate Lumps and fines.
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in clauses 6.2.2, 6.2.3& 6.2.4. The Lead Members shall necessarily have
minimum 51% holding in the SPV for the entire period of the Mining
Services Agreement.
3.26 “Lease Area” means Deposit “F” having an area of 2028.797 hectare at Rowghat
located in the Matla Reserved Forest area of Kanker/Narainpur District of
Chhattisgarh State.
3.27 “Lessor” means the appropriate Govt. in cases of leases granted to SAIL –Bhilai
Steel Plant and in other cases SAIL – Bhilai Steel Plant if land or other
infrastructure facility provided by SAIL – Bhilai Steel Plant.
3.29 “Mine”: means the Deposit ―F‖ of Rowghat Iron Ore Mine located in the
Kanker/Narainpur district in the State of Chhattisgarh.
3.30 “Mine Closure Plan” means the Progressive Closure Plan and Final
Closure Plan as approved by the Government for Rowghat Project.
3.31 “Mine Developer and Operator (MDO)” is the Bidder who is selected
through the Bidding process and includes SPV in case the Bidder is
Consortium, who would sign and execute the Mining Services Agreement
and/any Legal Agreements as prescribed by the law applicable from time to
time, with SAIL – Bhilai Steel Plant. The MDO shall include its legal
representatives and successors.
3.32“Mining Fee” means the fee quoted by the bidder as per Format 6 of this
Bid document for carrying out the activities mentioned in the scope of work
as per Annexure -1 of the Agreement.
3.33 “Net Worth”: Net Worth is the sum total of paid up capital and free
reserves. Free reserves means all reserves credited out of the profits and
share premium account but do not include reserves credited out of
revaluation of assets, write back of depreciation provisions and
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amalgamation. Further, any debit balance of profit and loss account and
miscellaneous expenses to the extent not adjusted or written off, if any,
shall be reduced from reserves and surplus.
3.34 “Operating Year”: Operating Year shall mean the Financial Year
starting from 1st April and ending on 31st March of subsequent Year.
3.35 “Parent”: shall mean a company which holds at least 51% equity in
its Subsidiary Company.
3.36 “Performance Bank Guarantee”: shall mean a sum equivalent to
Rs50 crores (Indian Rupees Fifty crores only) or equivalent in any freely
convertible foreign currency in the form of bank guarantee towards
performance security to be furnished by the successful Bidder as per the
terms and conditions given in Clause 7.14 of the Document.
3.38 ―Production Target” means the year-wise quantity of ROM iron Ore
required to be produced as per the Mine Plan and as otherwise adjusted
from time to time under this Agreement.
3.39 ―Project Area” means the areas covering Rowghat Mining lease area,
Haul Roads, Over Burden Dump, Crushing & Screening plant, Downhill
Conveyor, Railway Siding, Workshop, Buildings and Colony etc.
3.43 “Rowghat Project/ Project”: The project means the entire work
relating to the planning, designing, engineering, financing, construction,
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operation and maintenance of the Mine along with crushing and screening
plant, conveying system & railway siding including rapid loading system and
shall include all such works as detailed in this Bid Document and Mining
Service Agreement and other associated infrastructure necessary for
successful execution of the project.
3.44 “Special Purpose Vehicle” („SPV‟): shall mean a company formed by the
Consortium Members for the purpose of execution of the Project within 30
days from issuance of LOA. Only constituted SPV, formed by Consortium,
will sign the Mining Services Agreement with SAIL –Bhilai Steel Plant
through its authorized representative.
3.47 “Tax/ Tax Levy” means a fee charged (levied) by the Government on any
product, income or activity.
3.49“Un screened Ore” means ore of size -40mm/-30mm as per the quality
parameters mentioned at clause 5.3.3-1(3) of this document. This ore
will be sent to Dalli-Rajhara for Beneficiation.
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CHAPTER 4
INTRODUCTION
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4.1 Background
Ministry of Mines, Govt. of India, vide their notification no. GSR 542(E) Dtd.
08.09.2006, reserved 7 blocks of deposit ‗F‘ of Rowghat, with an estimated
reserves of 511 Mt, for SAIL - Bhilai Steel Plant. To meet the iron ore
requirement of the plant, it has been envisaged to produce 14 Mt/yr ROM of iron
ore from Rowghat Deposit.
The iron ore Deposit ‗F‘ at Rowghat is located in the Matla Reserved Forest area
of Narainpur & Kanker district of Chhattisgarh. Deposit-F lies at the boundary of
two forest divisions, i.e. Narainpur and Bhanupratappur-(East) in Kanker district.
It is about 20 km NNW of Narainpur Township, a newly constituted district of
Chhattisgarh. Antagarh, a Revenue Block in Kanker district, is situated at 45 km
North West of Rowghat. Deposit- F is spread between latitudes 19o45‘00‖N&
19o52‘00‖N and longitudes 81o08‘00‖E& 81o13‘00‖E in Survey of India
Toposheet no. 65 E/1.
The proposed rail link between Dalli-Rajhara to Jagdalpur passes through the
foot hill of Rowghat on eastern bank.
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4.3 Status of Exploration
The quantum of exploration carried out so far for the deposit ‗F‘ of Rowghat is as
follows.
i) Large scale mapping by GSI: 7.12 sq. km (1:2000)
ii) Drilling
Agency BH Nos. Meterage
GSI 90 4552.9
BSP 20 1317.81
MECL 19 1402.15
Total 129 7272.86
Deposit- „F‟
Note: The above data is as per the Exploration Report & are indicative.
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4.5 Mining
Top soil, sub grade ore and waste as per guidelines of IBM shall be stacked
separately during the entire contractual period.
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1st year 5
2nd year 11
3rd year and onwards 14
Indian Bureau of Mines (IBM) has approved Mining Plan in March, 2007.
MoEF has accorded the final forest clearance for diversion of 883.22 Ha of
forest land for Rowghat Iron ore mining project on 3.8.09.
MoEF has accorded environmental clearance for total mining lease over an
area of 2028.797 ha with production capacity of 14.0 Mtpa on 4.6.09.
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4.7.1 Feasibility report for Rowghat complex has been prepared by MECON Ltd in
February 2008 & further updated in February 2012.
4.7.3 The power shall be supplied by laying 65 km long 132 kV double circuits
overhead transmission line from Bhanupratappur to Rowghat and the work is
under execution by CSPTCL. (Chhattisgarh State Power Transmission Co.
Ltd.).02 Nos of bays at constructed at Bhanupratappur Sub Station. The
work of line laying is in progress.
4.7.4 A 17.80 m high water reservoir on Nibra-Nalla of capacity 2.86 Million cubic
meters has been proposed for drawal of water for the Rowghat Mining
Complex. The work is being executed by Water Resources Department
(WRD), Govt. of Chhattisgarh. Consultant has been appointed by WRD
GoCG .
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CHAPTER 5
OBJECTIVE & BROAD STRUCTURE
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Objective & Broad Structure
5.1 SAIL - Bhilai Steel Plant proposes to develop and operate Rowghat Iron Ore
Mine at Deposit ―F‖ by selecting a suitable MDO to meet iron ore requirement
of SAIL - Bhilai Steel Plant. Rowghat Iron Ore mine has been planned for a
production capacity of 14 Mtpa Iron ore in terms of quality and quantity as per
approved Mining Plan and EMP of the project.
5.2 Entire lease falls under Reserve Forest area and handing over of the land
(for which all necessary payment has already been made) is in process.
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road maintenance etc. The MDO shall be required to abide by all statutory
rules, regulation and laws as applicable from time to time including but not
limited to those related to Government licenses, workmen compensation,
insurance, safety, security etc. MDO shall necessarily follow all safety
regulations as prescribed in law and as per prudent commercial and
industrial practice.
5.3.3 ROM shall be fed for crushing at the crushers located at hill top to reduce it
to -40mm/-30mm size as per direction of Engineer-in-Charge. The ore
requiring beneficiation i.e. -40mm/-30mm size shall be conveyed to downhill
for stacking and loading for further beneficiation at Dalli-Rajhara. The good
quality ore of -40mm/-30mm size shall be conveyed to screening plant
located at foothill for segregating it to lump size -40mm/-30mm to
+10mm/+6mm and fines -10mm/-6mm size. A provision has to be kept for by
pass system where in -40mm/-30mm size crushed ore shall be stacked and
loaded in to wagons for further processing at Dalli-Rajhara. Depending upon
the quality of ROM and as per the instructions of Engineer-In- Charge of
SAIL, MDO shall load lumps, fines and unscreened ore at the delivery point.
Initially, MDO shall produce and load -40mm unscreened ore,- 40mm to
+10mm lump, and -10mm fines. However, in future the product size
requirement of SAIL-Bhilai Steel Plant may change to Lump: -30mm to + 6
mm, fines: -6mm, and unscreened Ore -30mm. Accordingly, the plant
designed by MDO should have the facility to produce and dispatch the
changed size of product. SAIL-Bhilai Steel Plant shall not pay any additional
amount for such production & dispatch.
1) QUALITY PARAMETERS
Physical Parameters
1. Lump -40mm/-30mm 5% 5%
to+10mm/+6mm
2. Fines -10mm/-6mm 5% -
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3 Unscreened ore -40mm/-30mm 5% -
Chemical Parameters
5.3.4 SAIL-Bhilai Steel Plant will give MDO sufficient access/blocks or part of block
with coordinates as per Contract Agreement to execute the work. To meet
the iron ore requirement of Bhilai Steel Plant (BSP) during interim period (till
MDO reaches the rated capacity of 14MTPA as per the Contract
Agreement), SAIL reserves the right to do mining as per the approved Mining
Plan by engaging suitable agency or on its own. The place of mining activity
will be decided as per the field position at the mine. SAIL-BSP reserves
the right to use all the common facilities, developed either by SAIL or MDO,
including approach road, electricity, water etc., for the above mining.MDO
should have no objections to right to mine and use of common facilities of
SAIL-Bhilai Steel Plant as stated above.
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5.3.5 SAIL - Bhilai Steel Plant shall pay the agreed Mining Fee to the Successful
Bidder as per the terms and conditions set forth in the Mining Services
Agreement.
5.3.6 The term of the Mining Services Agreement will be for a period of 30 years
(including 5 years of construction and 25 years of Commercial
Production).The present mining lease is valid up to year 2029. However the
term of contract is proposed to be 30 Years since the validity of the mining
lease will get further renewed as per MMDR Amendment Act-2015 &
subsequent notification Dt. 03.12.2015 i.e. Mineral (Mining by Government
Company) Rules 2015.
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CHAPTER 6
QUALIFYING CRITERIA
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6.0 Qualifying Requirements
6.1 Bidder shall furnish all the details (with supporting documents) as per
Technical and Financial Criteria mentioned below in order to qualify for Part 3
– Price Bid Stage.
cast mining of minerals (as specified in First Schedule of the MMDR Act 1957
and Fourth Schedule added vide MMDR Amendment Act 2015) in any one (1)
year** during last five (05) years as on date of NIT out of which at least 2.0
Mtpa should be from a single mechanized mine.
* For Coal and Lignite, specific gravities (tonnes/cubic meters) shall be considered as
1.50 and 0.8 respectively.
** Year means financial year.
ii. Experience of having successfully executed industrial/ infrastructure projects
as defined under Definition Head (clause-3.24 of this document) during last
(fifteen) 15 years as on date of NIT whose aggregate capital cost should not be
less than INR 1500.00 Crore, out of which one single project should be of
minimum INR 400.00 Crore.
Bidder has to satisfy the following financial criteria of turnover and net worth
in order to be considered for the Price Bid Stage (Part 3) of the bidding
process:
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on or before 31.03.2015 based on their financial accounting year. In
other words, turnover of the Bidder during above three years should be
at Rs 4500 Crores(Indian Rupees Four thousand five hundred Crores
only)
ii. Bidder should have net worth of at least Rs. 750.00 Crore (Rupees seven
hundred fifty Crore only) as on the end date of the financial accounting
year ending on or before 31.03.2015.
6.2.1 Bid may be submitted by a sole bidder or consortium of not more than 3
(three) members including the Lead Member.
6.2.3 In case of bidder being a Consortium, the Lead Member has to meet entire
mining experience required as per Clause 6.1.1 (i) or entire infrastructure
experience as per Clause 6.1.1 (ii).
6.2.4 The Lead Member shall also have to fulfil at least 51% financial criteria as
specified in Clause 6.1.2.
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6.3 Supporting documentary evidence:
6.3.1 In case the bidder is a mine owner then copy of the submissions made to
statutory government authorities for annual production of respective minerals
as mentioned in clause 6.1.1 (i), shall be submitted as documentary
evidence in support of the experience. The mining experience of the bidder
should be certified by the statutory auditor of the bidder.
6.3.2 In case the bidder is a mine contractor then he should submit a copy of the
contract agreement/ Work Order and certificate of production of respective
minerals as mentioned in clause 6.1.1 (i) from the mine owner duly certified
by the statutory auditor of the bidder as documentary evidence in support of
the experience.
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6.3.5 Net Worth Certificate has to be provided from the statutory auditor of the
bidder.
6.3.7 In case the Bidder is Consortium, the experience of the concerned members
should be commensurate with the responsibility matrix provided in the
Consortium agreement in order to meet the requirement of Clause-6.1.1 above.
6.4 Instructions:
6.4.1 Submission of more than one bid by the bidder or use of technical
credentials of a Parent/ Subsidiary Company for more than one bid will lead
to disqualification of all such bids.
6.4.2 In preparing the Techno Commercial Bid and Price Bid, bidders are expected
to ensure adequacy of the qualifying documents in detail. Material
deficiencies/ discrepancies in the information requested may result in
rejection of a bid.
Notes:
a) The terms Turnover and Net Worth shall have the meaning and
definition as stated in this Document.
b) Where the financial statement is expressed in currency other than
Indian Rupees, the financial qualification as described above shall be
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computed by converting the financial figures in foreign currency to
Indian Rupees based on exchange TT selling rates observed by
Reserve Bank of India (RBI) and notified by State Bank of India (SBI)
prevailing on the end date of their respective financial accounting
year. If the last day of the corresponding financial closing year
happens to be non-working day for SBI, then previous working day of
SBI will be considered for conversion to Indian Rupees.
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CHAPTER7
INSTRUCTIONS TO BIDDERS
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This Document can be purchased from the below mentioned office:
Address: -
7.1 The cost of this Document is Rs 1, 00,000/- (Indian Rupees One Lac only) or an
equivalent to freely convertible foreign currency and the bidder shall pay for the
same in the form of Demand Draft/Bankers Cheque drawn in favor of ―SAIL -
Bhilai Steel Plant‖ and payable at par at Bhilai. This is non-refundable and
non- transferable. Bidder, who has purchased the Bidding Documents, is not
permitted to transfer the Bidding Documents to any other party.
7.2 The complete Bid Documents shall be available on the Company‘s website
www.sailtenders.co.in for the purpose of downloading and bid submitted on
such downloaded bid documents shall be considered valid for participating in
the bid process. The company shall not be responsible for any delay /
difficulties / inaccessibility of the downloading facility for any reason
whatsoever. The downloading facility shall be available during the period of
sale of bid document. The bidders, who will download the bid documents from
the website of the company, will not be required to pay the cost of bid
documents at the time of submission of bids. In case of any discrepancy
between the bid document downloaded from the web site and the master copy
available in the office, the latter shall prevail and will be binding on the bidders.
No claim on this account will be entertained.
7.3 Bidders may seek clarification, if any on this Document as per timelines
specified in this Document. Any request for clarification must be sent in writing
by paper mail, facsimile or electronic mail to SAIL - Bhilai Steel Plant‘s
address.
7.4 Any clarification / amendment issued prior to last date of submission of bids
would be uploaded on the SAIL‘s website. All prospective bidders including
those who have purchased the bidding document would be presumed to have
examined all clarifications/ amendments on the website & have submitted
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their bids accordingly. In case any queries remain un-replied, it shall be
construed that in respect of those queries, the respective stipulations of the
Bidding document shall continue to apply and/or no new stipulations are
made with respect to those queries.
7.5 Any Corrigendum/ Addendum to this Document issued by SAIL - Bhilai Steel
Plant subsequent to the issue of Bid Document shall also be considered an
integral part of this Document and any reference to this Document shall include
such Corrigendum / Addendum also.
7.6 The Bidders must familiarize themselves with local conditions and take them
into account in preparing their Bids. To obtain first-hand information on the
proposed assignment and on the local conditions, the bidders may visit the
Rowghat Iron Ore Mine and do due diligence before submission of their bid.
Such visit shall be undertaken by the Bidder at its own cost and SAIL - Bhilai
Steel Plant shall bear no liability for the same.
7.7 Any neglect or omission or failure on the part of the Bidder in obtaining
necessary and reliable information or on any other matter affecting the Bidder,
shall not relieve the Bidder from any risk or liability or the entire responsibility
for completion of the work in accordance with the Bidding Documents.
7.8 Consortium
7.8.1 During the Term of Contract, the composition of the Consortium shall not be
altered for 1st year of Commercial Production Period. The Lead Member shall
maintain minimum 51% equity in the Consortium for the entire period of the
Mining Services Agreement. Change of Consortium Member after one year of
Commercial Production Period shall be allowed only after approval of SAIL -
Bhilai Steel Plant.
7.8.2 If the holding of the Lead Member in the Consortium is more than 51%, it can
dilute the same up to 51% subject to approval of SAIL - Bhilai Steel Plant. If the
holding of Lead Member in the consortium falls below 51% at any time after the
contract execution date, then the agreement with SAIL - Bhilai Steel Plant
would be liable for termination and the Performance Bank Guarantee will be
forfeited/ invoked.
7.8.3 In case, a member of Consortium leaves the Consortium, then the respective
eligibility criteria must be fulfilled by the incoming Consortium member or by the
existing member if eligibility is acquired by the respective member by then.
7.8.4 The Lead Member must be authorized by other Member of the Consortium to
incur liabilities and receive instructions for and on behalf of any & all the
members of the consortium.
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7.8.5 Lead Member of the consortium shall be overall responsible for the execution
of the Contract. The Lead Member and other member of the Consortium shall
be jointly and severally responsible for execution of the Contract in accordance
with the terms & conditions in the Bid Document & the Mining Services
Agreement. This will be in addition to the responsibility of SPV for execution of
the contract.
7.8.8 In case the Successful Bidders a bidding Consortium, then it shall incorporate a
separate Special Purpose Vehicle within 30 days from issuance of Letter of
Acceptance.
7.10 The original power of attorney in favour of the Authorized Representatives &
Signatories of the Bidder duly notarized shall be submitted by the Bidder
along with its Techno Commercial Bid.
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10) will form part of the Techno Commercial Bid. The bidder is also required
to submit a copy of the Bid Document and Mining Services Agreement duly
signed & stamped by him with the Techno-Commercial Bid as token of
acceptance of tender terms & conditions. The Techno Commercial Bid will be
evaluated only after the evaluation of Part 1 (EMD).
(i) Mining Fee should include the elements up to loading of iron ore at Despatch
Point. Payment shall be made in INR.
(ii) The Bidder quoting the lowest Mining Fee shall be declared as Successful
Bidder.
(iii) Explosives shall be provided by SAIL - Bhilai Steel Plant as per the statutory
requirement. The cost towards procurement of the explosives shall be
reimbursed by MDO to SAIL - Bhilai Steel Plant at actual. Blasting will be done
under the supervision of SAIL/BSP.
(iv) Taxes, duties ,levies, cess and other statutory fees/charges applicable for
providing mining services, service tax, royalty payable to the State and /or
Central government shall be excluded from the fees quoted and shall be
reimbursed on actual subject to documentary evidence. Taxes payable by the
Bidder which are not incidental to mining services to SAIL - Bhilai Steel Plant,
including income tax and such duties, on electricity and water etc. shall not be
paid or reimbursed by SAIL - Bhilai Steel Plant
(v) No other payments shall be made by SAIL - Bhilai Steel Plant to the MDO,
apart from the Mining Fees quoted and Mining fee as calculated in clause
7.11.4.
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7.12 Preparation of Bid
7.12.1 The original Bids (Part 1, Part 2 and Part 3) shall be prepared in hard
(Printed) copy. It shall contain no inter-lineation or overwriting, except as
necessary to correct errors made by the Bidder itself. Any such corrections
must be initialled by the person or persons who sign(s) the Bids.
7.12.2 The Authorized Representative of the Bidder must sign all pages of the Bid.
7.12.3 The bid, along with supporting documents (wherever applicable) shall be
submitted by Bidders in the manner as described in the following
paragraphs.
7.12.4 The Bids shall include Part 1 – ―EMD‖, Part 2 ―Techno commercial Bid and
Integrity Pact‖ and Part 3 – ―Price Bid‖, each packed in a separate sealed
envelope and duly superscribed with Part No. and description. Above
mentioned three envelopes shall be sealed in another envelope or box with
the following inscription:
Addressed: To:
One Original copy and two photocopies of the techno commercial bid shall be
placed in two different sealed envelopes. The Original set of the techno
commercial bid and Integrity Pact shall be marked and labeled as ―Part 2 -
Original‖. The two envelopes containing the original and the copies of the Techno
commercial bid and Integrity Pact shall be placed in one single outer envelope
which shall be clearly marked as ―Envelope 2 (Part 2- Techno Commercial Bid
and Integrity Pact)‖. The soft copy of the techno commercial bid in the form of
Compact Disc should also be part of the Techno Commercial bid (Part-2).
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The bid duly completed and signed by the Bidder together with Formats hereof,
should be submitted and shall comprise the following documents in separate
sealed cover:
Envelope 3: Part 3 This part shall be marked as ―Part 3 –Price Bid‖ and shall
contain price bid only, duly completed and signed by Bidder, without
any terms and conditions.
b. EMD should be valid for at least 240 days from the last date of
submission of bid.
e. In case the bidding process is cancelled by SAIL - Bhilai Steel Plant, the
EMD of all the Bidders shall be refunded within 7 days of such
cancellation.
g. The EMD of the Successful Bidder shall be returned after submission and
acceptance of Performance Bank Guarantee by SAIL - Bhilai Steel Plant.
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h. Without prejudice to any other rights available to it under Applicable Laws,
SAIL - Bhilai Steel Plant reserves the right to forfeit EMD of the Bidder
without any notice of proof or damages to the Bidder on the occurrence of
any one or more of the following events/circumstances:
(i) If the Bidder withdraws or modifies its offer, partially or fully, during the
validity period after submission of the Price offer; or
(iii) In case the bidder submits wrong, forged, bogus /or false certificates
and if this comes to the notice of SAIL - Bhilai Steel Plant at any time
during the tender process then the EMD of such bidder shall be
forfeited.
(iv) If the Successful Bidder fails to sign the Mining Services Agreement
and to submit the Performance Bank Guarantee in accordance with
Clause 7.14, within 60 (Sixty) days, then EMD of the Successful
Bidder shall be forfeited;
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7.15.1 The deadline for the submission of the bid shall be --/--/2016 up to 14:00
hours (IST) at the following address:
Deputy General Manager I/c (Projects- PCC), TK
Expansion Building
SAIL - Bhilai Steel Plant, Bhilai-490 001,
Distt. Durg Chhattisgarh, India.
Tel: + 91 788 285 2394, 3336
Fax: + 91 788 222 1197/ 1170
7.15.2 No submissions shall be allowed after the above deadline specified for
submission of Bids. SAIL - Bhilai Steel Plant may ask for further
clarifications/ documents as and when required, which may be submitted by
the Bidders after the abovementioned deadline.
7.15.3 The Bidder has the option of sending its bid by registered post/courier or
submitting the bid in person so as to reach the designated address by the
time and date specified in this Document. SAIL - Bhilai Steel Plant shall not
be responsible for any delay in the receipt of the bid.
7.15.4 The Bidders must note that the bid shall not be received by SAIL - Bhilai
Steel Plant by fax and email. Only those bids which are received in sealed
condition by SAIL - Bhilai Steel Plant by post/ courier or in person till the last
date and time specified for submission shall be considered by SAIL - Bhilai
Steel Plant.
7.16.1 The Bids would be opened on the date and time specified in this Document
at the above-mentioned address. Representatives of all bidders should
remain present at the time of opening of Techno Commercial bid. Bidder's
representatives should submit their respective letters of authorisation on
Bidding Company‘s letterhead. The said authorisation should be duly signed
by the authorised representative empowered for purposes of the transaction,
for being allowed to participate in the bid opening exercise. The Bidders‘
representatives shall initial the minutes of the Bid opening.
7.16.2 Part-1 and Part-2 bids shall be opened on 27/10/2016 at 15:00 hours (IST).
7.16.3 The envelope (Part-1) containing EMD shall be opened before the ―Techno
Commercial Bid and Integrity Pact‖ (Part-2). The Techno Commercial bid will
be opened only if EMD is found in order. The bids without EMD as per the
provisions in the bid document will be summarily rejected.
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7.16.4 At the time of opening of Part 1 and Part 2 of the bids, Part 3- Price bid shall
not be opened by SAIL - Bhilai Steel Plant.
7.16.5 Bhilai Steel Plant at its option can decide for opening of sealed price bids or
discover L-1 Price through online Reverse auction, even after calling of
sealed price bid. In case of resorting to online Reverse Auction, Eligible
bidders shall be intimated for participation in price bidding through online
Reverse Auction over internet to be conducted by BSP‘s service provider M/s
Metal Junction and Rules of the same will be handed over to them. The
General Rules and Regulations governing conduct of online Reverse
Auctions are enclosed as Format-11.
After evaluation of the Techno Commercial Bid and Integrity pact (Part-2)
only the techno commercially qualified Bidders shall be considered eligible
and intimated for the opening of their Price Bid (Part-3).
5. It is not signed and/ or sealed in the manner and to the extent indicated in
the Bid document.
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7.17.2.1The Bid qualifying as per the Techno Commercial Bid (Part-2) shall be
considered for Price Bid Evaluation.
1. It is not signed and/ or sealed in the manner and to the extent indicated
in the Bid Document.
2. Conditional offer.
7.17.2.4 In case if there is any discrepancy between the price quoted in figure and
words then the quote provided in words shall prevail.
7.17.2.5 The Bidder quoting the lowest Mining Fee shall be declared as Successful
Bidder.
7.18 Deviation
The terms and conditions shall be as per this bid document. The Bidder
shall submit the bid in conformity with the terms and conditions, without any
deviations. However, if any bidder is unable to accept any particular term
as incorporated in the bid document, or proposes any deviation there from,
the bidder shall enclose along with the Techno commercial bid, a statement
of Deviations as per Format 9 of the bid document clearly spelling out the
deletions / deviations proposed for consideration of SAIL - Bhilai Steel
Plant.
7.19 Modification and Withdrawal of Bids
7.19.1 The Bidder may modify or withdraw its bid after submission, provided that
written notice of the Modification or withdrawal is received by SAIL - Bhilai
Steel Plant prior to the deadline prescribed for bid submission.
7.19.2 The Bidder‘s modifications specified in Clause 7.19.1 of the bid document,
shall be prepared, sealed, marked and dispatched as follows:
a. The Bidders shall provide one original plus 2 (two) copies of any
modifications to its bid, clearly identified as such, in two inner envelopes
duly marked ―Bid Modifications—Original‖ and ―Bid Modifications—Copies.‖
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The inner envelopes shall be sealed in an outer envelope, which shall be
duly marked ―Bid Modifications.‖
b. Other provisions concerning the marking and dispatch of bid modifications
shall be in accordance with the Clauses 7.12.4 to 7.15 of the bid document.
7.19.3 A Bidder wishing to withdraw its bid shall notify SAIL - Bhilai Steel Plant in
writing prior to the deadline prescribed for bid submission.
7.19.4 No bid shall be withdrawn in the interval between the bid submission
deadline and the expiration of the bid validity period specified in Clause 7.9.
Withdrawal of a bid during this interval may result in the forfeiture of
Bidder‘s EMD, pursuant to Clause 7.13 (h) (i).
7.19.5 Bids together with any modification specified under the clause shall be
considered as 'final' bid at the time of opening of the bid.
7.20 Post Bid Clarification Meeting
7.20.1 SAIL - Bhilai Steel Plant may conduct clarification meetings, if required with
each or any Bidder to clarify any aspects of its bid that require explanation
at this stage of the evaluation. During these meetings, SAIL - Bhilai Steel
Plant may bring to the attention of the Bidder any matters, technical or
otherwise, where for whatever reason, it requires clarification / details about
the bid. All such amendments or changes accepted by the bidder will be
listed in the ―Record Notes of Discussions‖.
7.20.2 The Record Notes of Discussion will also contain the deviations in the bid
that are unacceptable to SAIL - Bhilai Steel Plant and are to be withdrawn.
7.20.3 Taking into consideration, the Record Notes of Discussion SAIL - Bhilai
Steel Plant will carry out further evaluation of the techno commercial bid in
the manner outlined in Clause 7.17.1 in the Bid Document.
7.20.5 In case a bidder does not withdraw deviations which are not acceptable to
SAIL - Bhilai Steel Plant, such bids will be treated as conditional bid and
will not be considered for further evaluation.
7.21 Updated Price Bid
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7.21.1 In the event, SAIL - Bhilai Steel Plant invites updated bid, the updated Price
bid shall be signed, sealed and submitted in the same manner specified for
original bids.
7.21.2 The deadline for submission of updated bids and the required validity
thereof shall be specified by SAIL - Bhilai Steel Plant.
7.22 Disqualifications
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7.24 Rules of Construction
7.24.1 Words imparting singular shall also include plural and vice-versa and any
word defined in the singular shall have the corresponding meaning when
used in the plural and vice versa.
7.24.2 The titles or headings in this Document are for convenience and easy
reference only and shall not be taken into account for the purpose of
construction or interpretation of this Document.
7.24.5 The terms ―include‖ and ―including‖ shall be deemed to be suffixed with the
words ―without limitations‖, whether or not so followed.
The Bidder shall sign an integrity pact and attach the same with his Bid. The
format for the integrity pact is attached at Format 10 of this document. The
Integrity Pact has to be signed by the Director or by their duly Authorized
signatory and in case of Consortium all the members. In case of failure to
return the Integrity Pact along with Part 2 of the bid, duly signed by the
authority as mentioned above, will disqualify the bid.
7.27(i) The present mining lease is valid up to year 2029. However the term of
contract is proposed to be 30 Years since the validity of the mining lease will
get further renewed as per MMDR Amendment Act-2015 & subsequent
notification Dt. 03.12.2015 i.e., Mineral (Mining by Government Company)
Rules 2015.
7.27(ii) In case of premature termination of lease for any reason but no fault on the
part of MDO, this agreement shall also stand terminated without any financial
implication to either party.
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CHAPTER8
FORMATS
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Format 1 -EXECUTIVE SUMMARY
The executive summary should contain a one page write up about the Bidder/
Consortium, providing the Business Profile of the company and key achievements
in the mining sector.
Contact Details:
Phone/Fax/Email:
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Format 2- COVERING LETTER FOR TECHNO COMMERCIAL BID
Bidder‘s Name:
Full Address:
Telephone No:
Email Address:
Fax No.
To,
Sub: - Response to Bid Document for Development of 14 MTPA Iron Ore Mine at
Rowghat.
Dear Sir,
We, the undersigned Bidder having read & examined in detail the Qualifying
Requirements for selection of Developer and hereby submit our response.
CONTACT PERSON
Name
Designation
Company
Address
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Phone No.
Fax Nos.
Email address
Please find enclosed herewith one (1) original + two (2) copies of our Techno
Commercial Bid in response to the documents issued by SAIL - Bhilai Steel Plant
vide Tender no. ------------------------ dated ------------------ (Bidder to specify date of
issue of Documents by SAIL - Bhilai Steel Plant) and its subsequent corrigendum
No (s) ---------------- (Bidder to insert corrigendum no issued, if any by SAIL - Bhilai
Steel Plant subsequent to issue of Document)
The period of validity of the bid shall not be less than 180 days from the last date of
submission.
Thanking You,
Yours faithfully,
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Format 3-
To,
OR
1. Mining Experience
Total
Production
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2. Industrial/ Infrastructure Experience
Yours faithfully,
(Signature)…..
Date: (Name)……….
Place: (Designation)…
(Seal)………….
NOTE:
1. In case the Financial Year as per the audited financial statement is different
from 1st April to 31st March as specified here, the Bidder/ Bidding Consortium
may mention the Financial Year as per the audited financial statements and
furnish the production details of minerals accordingly.
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Format 4-
To,
Dear Sir,
Sub: Submission of Financial Criteria for Development of 14 Mtpa Iron Ore Mine at
Rowghat.
OR
I/We, the Lead member of the Bidding Consortium, consisting of ------ and ------------
--------- confirm that we have
Turnover:
Lead
Member
Member 2
Member 3
Total
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Net worth:
Particulars FY 2014-15
(`In crores)
Lead Member
Member 2
Member 3
Total
Audited Balance sheets for the last three financial years are enclosed herewith.
Thanking you, we remain,
Yours faithfully,
(Signature)…..
Date: (Name)……….
Place: (Designation)…
(Seal)………….
NOTE:
i. In case the Financial Year as per the audited financial statement is different
from 1st April to 31st March as specified here, the Bidder/ Bidding
Consortium may mention the Financial Year as per the audited financial
statements and furnish the financial details accordingly.
ii. Where the financial statement is expressed in currency other than Indian
Rupees, the financial qualification as described above shall be computed by
converting the financial figures in foreign currency to Indian Rupees based
on exchange TT selling rates observed by Reserve Bank of India (RBI) and
notified by State Bank of India (SBI) prevailing on the end date of their
respective financial accounting year. If the last day of the corresponding
financial closing year happens to be non-working day for SBI, then previous
working day of SBI will be considered for conversion to Indian Rupees
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Format 5-
To,
Dear Sir,
-----------------------------------------------------
-----------------------------------------------------
-----------------------------------------------------
Yours faithfully,
(Signature……)
Date: (Name………..)
(Designation…)
Place: (Seal)
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Format 6-
Price Bid
(The Price Bid is required to be submitted by the Bidder/ Lead Member of Bidding
Consortium on its letter head)
To,
Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India
Dear Sir,
Sub: Submission of Price Bid for Development of 14 Mtpa Iron Ore Mine at
Rowghat.
We, the undersigned, offer to develop the 14 Mtpa Iron Ore Mine at Rowghat in
accordance with your Bid Document dated………….., and our Price Bid is given
below:
Yours faithfully,
Date: (Signature……)
Place: (Name………..)
(Designation…)
(Seal)
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Format 7-
EMD Bank Guarantee
Dear Sir,
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Bhilai Steel Plant vide No. ________ to deposit EMD for the due fulfilment by the
Bidder of the terms and conditions contained in the said Bidding Document
including any amendments thereto, on production of Bank Guarantee for Rs. /
________ (Rupees / or equivalent amount in US $ )(_______ _ only) (figure in
words).
1. We ............................................ (Name of the Bank) do hereby expressly
irrevocably and unreservedly undertake to unconditionally pay to you merely on
your written demand, without referring it to the Bidder and without protest and
demur an amount not exceeding ................................ (currency and amount).
Any such demand made on us shall be conclusive as regards the amount due
and payable by us under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding .......................
2. Notwithstanding anything to the contrary we agree that your decision as to
whether the Bidder has committed a breach of any terms and conditions of the
tender/contract shall be final and binding on us and we shall not be entitled to
ask you to establish your claim or claims under this Guarantee but shall pay the
same forthwith without any objection or excuse.
3. We undertake to pay to you any money so demanded notwithstanding any
dispute or disputes raised by the Bidder in any suit or proceeding pending
before any court or Tribunal or arbitration relating thereto, our liability under
these presents being absolute and unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge of
our liability for payment there under.
4. This guarantee shall come into force from the date of issue of this guarantee
and shall remain irrevocably valid and in force initially up to ______________
unless a demand or claim under this guarantee is made on us in writing on or
before _______________ we shall be discharged from all liability under this
guarantee.
5. We _______________ Bank Ltd. further agree with you that you shall have the
fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Bidding
Document and we shall not be relieved from our liability by reason of any such
variation.
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6. It shall not be necessary for SAIL - Bhilai Steel Plant to proceed against the
Bidder before proceeding against the Bank and the Guarantee herein contained
shall be enforceable against the Bank, notwithstanding any security which SAIL
- Bhilai Steel Plant may have obtained from the Bidder at this time when
proceedings are taken against Bank hereunder be outstanding or unrealised.
7. Notwithstanding anything contained herein before our liability under this
guarantee is restricted up to a sum ............. (currency and amount) and shall
expire on ............. unless a claim or demand is made on us in writing within the
three months of expiry date all your rights shall be forfeited and we shall stand
relieved and discharged from our liabilities hereunder.
8. We, the said Bank undertake not to revoke this guarantee during its currency
except with the previous consent of SAIL - Bhilai Steel Plant in writing and
agree that any change in the constitution of SAIL - Bhilai Steel Plant or the
Bidder or the said Bank shall not discharge our liability hereunder dated
________ day of ___________ 20.. _______ for
__________________________ Bank Ltd.
9. In order to give full effect of the Guarantee herein contained, you shall be entitled
to act as if we were your principal debtors in respect of all your claims against
the MDO, hereby guaranteed by us as aforesaid and we hereby expressly waive
all our surety ship and other rights, if any, which are in any way inconsistent with
the above or any other provisions of this Guarantee.
10. This Guarantee and the powers and provisions herein contained are in addition
to and not by way of limitation of or substitution for any other guarantee or
guarantees heretofore given to you by us (whether jointly with other or along)
and now existing un-cancelled and that this Guarantee is not intended to and
shall not revoke or limit such guarantee or guarantees.
11. This Guarantee shall not be discharged by any change in the constitution of the
MDO or us, nor shall it be affected by any change in your constitution or by any
amalgamation or absorption thereof or therewith but will ensure for and be
available to and effaceable by the absorbing or amalgamated company or
concern.
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We have power to issue this guarantee under the provision of the -----------------------
(Name of the Bank) Act, General Regulations made there under and the
undersigned has full power to sign this guarantee under the delegation of powers
and notification made under General Regulation ---------------------------(Reference
No. -----------------------------------) of the resolution of the executive committee of the
Central Board of the Bank in the Central Government Gazette.
Yours faithfully
For ..........................................
(Name of the Bank)
Note :
While issuing the Bank Guarantee, the issuing Bank must furnish following details :
Contact Person:
Telephone No. :
Fax No. :
E-mail address:
The MDO while getting the Bank Guarantee issued by the Banker must take care of
the above details.
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Format 8
....................................................................................................................... (Name
of the Bank)
Address
..............................................................................................................................
Guarantee No. .......................................
A/c Messrs .................................................................................................. (Name of
MDO)
Date of Expiry ........................................
Limit to liability (currency & amount)
..............................................................................................
Contract No.
.............................................................................................................................
For .......................................................................................................... (Name of
Facilities/ Work)
Dear Sir,
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Whereas the MDO has undertaken to produce a Bank guarantee under the
Contract including any amendment thereto, to secure its obligations to you for the
performance of the Contract including the guarantees and warranty of the Facilities
& the equipment supplied.
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6. In order to give full effect to the Guarantee herein contained, you shall be
entitled to act as if we were your principal debtors in respect of all your
claims against the MDO, hereby guaranteed by us as aforesaid and we
hereby expressly waive all our surety ship and other rights, if any, which are
in any way inconsistent with the above or any other provisions of this
Guarantee.
7. The Bank undertakes to renew this Bank Guarantee from time to time and in
case Bank fails to extend the validity of the Bank Guarantee prior to its
expiry, the same shall be deemed to be invoked by SAIL - Bhilai Steel Plant.
8. This guarantee is in addition to any other guarantee or guarantees given to
you by us.
9. This guarantee shall not be discharged by any change in the constitution of
the MDO or us, nor shall it be affected by any change in your constitution or
by any amalgamation or absorption thereof or therewith but will ensure for
and be available to and effaceable by the absorbing or amalgamated
company or concern.
10. Notwithstanding anything contained herein before our liability under this
guarantee is restricted up to a sum ............. (currency and amount) and
shall expire on ............. unless a claim or demand is made on us in writing
within three months of the expiry date all your rights shall be forfeited and we
shall stand relieved and discharged from our liabilities hereunder.
11. In order to give full effect of the Guarantee herein contained, you shall be
entitled to act as if we were your principal debtors in respect of all your
claims against the MDO, hereby guaranteed by us as aforesaid and we
hereby expressly waive all our surety ship and other rights, if any, which are
in any way inconsistent with the above or any other provisions of this
Guarantee.
12. This Guarantee and the powers and provisions herein contained are in
addition to and not by way of limitation of or substitution for any other
guarantee or guarantees heretofore given to you by us (whether jointly with
other or along) and now existing un-cancelled and that this Guarantee is not
intended to and shall not revoke or limit such guarantee or guarantees.
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13. This Guarantee shall not be discharged by any change in the constitution of
the MDO or us, nor shall it be affected by any change in your constitution or
by any amalgamation or absorption thereof or therewith but will ensure for
and be available to and effaceable by the absorbing or amalgamated
company or concern.
We have power to issue this guarantee under the provision of the -------------------
---- (Name of the Bank) Act, General Regulations made there under and the
undersigned has full power to sign this guarantee under the delegation of
powers and notification made under General Regulation ---------------------------
(Reference No. -----------------------------------) of the resolution of the executive
committee of the Central Board of the Bank in the Central Government Gazette.
Your faithfully
For .................................................
(Name of the Bank)
Dated ......... day of ............... 20..
Note :
While issuing the Bank Guarantee, the issuing Bank must furnish following details :
Contact Person:
Telephone No. :
Fax No. :
E-mail address:
The MDO while getting the Bank Guarantee issued by the Banker must take care of
the above details.
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Format 9
Deviation Sheet
(To be submitted by the Bidder/ Lead Member of Bidding Consortium on its letter
head)
To,
Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India
Dear Sir,
Sub: Submission of Deviations from the Bid Document and Mining Services
Agreement for Development of 14 Mtpa Iron Ore Mine at Rowghat.
We, the undersigned, submit the following deviation to the Bid document and
Mining Services Agreement in our Bid.
Date: (Signature……)
Place: (Name………..)
(Designation…)
(Seal)
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Format 10
INTEGRITY PACT
Between
Steel Authority of India Limited (SAIL - Bhilai Steel Plant) hereinafter referred
to as “The Principal”,
and
Preamble
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
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.
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(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.
b. The Bidder(s)/ Contractor(s) will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications,
subsidiary contracts, submission or non-submission of bids or any
other actions to restrict competitiveness or to introduce cartelisation in
the bidding process.
c. The Bidder(s)/ Contractor(s) will not commit any offence under the
relevant IPC/PC Act; further the Bidder(s)/ Contractor(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 relationship, regarding plans, technical proposals and
business details, including information contained or transmitted
electronically.
e. The Bidder(s)/ Contractor(s) will, when presenting his bid, disclose any
and all payments he has made, is committed to or intends to make to
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agents, brokers or any other intermediaries in connection with the
award of the contract.
(2) The Bidder(s)/ Contractor(s) will not instigate third persons to commit
offences outlined above or be an accessory to such offences.
(1) If the Principal has disqualified the Bidder(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.
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(1) The Bidder(s)/ Contractor(s) undertake(s) to demand from his
subcontractors a commitment in conformity with this Integrity Pact.
(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.
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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.
(6) The Monitor will submit a written report to the Chairman, SAIL - Bhilai
Steel Plant within 8 to 10 weeks from the date of reference or intimation
to him by the Principal and, should the occasion arise, submit proposals
for correcting problematic situations.
(7) If the Monitor has reported to the Chairman SAIL - Bhilai Steel Plant, a
substantiated suspicion of an offence under relevant IPC/ PC Act, and
the Chairman SAIL - Bhilai Steel Plant 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.
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
SAIL - Bhilai Steel Plant.
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.
(5) In the event of any contradiction between the Integrity Pact and its
Annexure, the Clause in the Integrity Pact will prevail.‖
_____________________________ ______________________________
(For & On behalf of the Principal) (For & On behalf of
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Bidder/ Contractor)
(Office Seal) (Office Seal)
Place --------------
Date --------------
Witness 1:
(Name & Address) _____________________________
_____________________________
Witness 2:
(Name & Address) _____________________________
_____________________________
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1.0 GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS
1.1 There shall be compulsory registration of agents for all Global (Open)
Tender and Limited Tender. An agent who is not registered with SAIL -
Bhilai Steel Plant Plants/Units shall apply for registration in the prescribed
Application –Form.
1.2 Registered agents will file an authenticated Photostat copy duly attested
by a Notary Public/Original certificate of the principal confirming the
agency agreement and giving the status being enjoyed by the agent and
the commission/remuneration/salary/ retainer ship being paid by the
principal to the agent before the placement of order by SAIL - Bhilai Steel
Plant Plants/Units.
2.1 Tenderers of Foreign nationality shall furnish the following details in their
offer:
2.1.1 The name and address of the agents/representatives in India, if any and
the extent of authorization and authority given to commit the Principals. In
case the agent/representative be a foreign Company, it shall be confirmed
whether it is real substantial Company and details of the same shall be
furnished.\
2.2 Tenderers of Indian Nationality shall furnish the following details in their
offers:
2.2.1 The name and address of the foreign principals indicating their nationality
as well as their status, i.e, whether manufacturer or agents of
manufacturer holding the Letter of Authority of the Principal specifically
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authorizing the agent to make an offer in India in response to tender either
directly or through the agents/representatives.
2.3 In either case, in the event of contract materializing, the terms of payment
will provide for payment of the commission /remuneration, if any payable
to the agents/representatives in India in Indian Rupees on expiry of 90
days after the discharge of the obligations under the contract.
*******
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Format 11-
1. Service Provider:
For conducting the Reverse Auction, Steel Authority of India Limited (SAIL) has
engaged the services of MJunction services limited (hereinafter referred to as
Service Provider or SP) for conducting the Reverse Auctions. SP is fully authorized
to give clarifications / coordinate with the supplier on behalf of SAIL w.r .t. conduct
of Reverse Auction. Their address and contact details are as given alongside
2. Introduction to General Rules & Regulations:
The General Rules and Regulations provided herein govern the conduct of On-line
Reverse Auctions operated by Mjunction Services Ltd. These rules cover the roles
and responsibilities of the parties in the On-line Reverse Auctions on the MJunction
platform. Acceptance in-toto to these General Rules and Regulations is a
prerequisite for securing participation in the On-line Reverse Auctions on the
MJunction platform.
3. Role of Service Provider:
MJunction is the agency (operator) primarily providing the platform for conducting
the Reverse Auction. As the agency providing the auction engine, the role of
MJunction would include:
Setup the auction based on item details and bidding rules as mentioned in tender
document.
Providing access through user-id protected by password to the approved bidders
to participate in the auction.
Enhancing bidder awareness by providing them the details / steps of auction
process to enable them participate in Reverse Auction and comfort with the
auction mechanism and bidding rules.
Summarizing auction proceedings and communicating of the outcome.
4. Role of the Bidder:
The role of the bidder is outlined below:
Give written consent to General Rules and Regulations. Access to auction
mechanism shall be provided only after such consent.
Ensure that user-id and password to access the auction is not revealed to
unauthorized persons.
Participate in the Reverse Auction with the aim of bidding to secure the
auctioned item in the auction (being selected for supplying SAIL’s requirement
in a Reverse Auction).
Convey last quoted price in writing to SAIL, immediately after close of Reverse
Auction.
Provide breakup of quoted price (if required) within stipulated time as mentioned
in tender document or otherwise communicated.
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In the event of winning an allotment, fulfil all obligations under the contract
5. Bidding Rules:
The Bidding Rules refer to the information and terms defined specifically for a
particular Reverse Auction. The purpose of the Bidding rules is to provide approved
bidder with the information and terms specific to the auction in which they are
bidding. This would include:
Start Time and duration of the Reverse Auction
Any extension of the duration of the auction in the event of bids being received towards
the end of the pre-specified duration
Start Bid Price (if specified)
Minimum & Maximum Bidding Quantity (if specified)
Price Decrements and any reduction in the price decrements in the auction in the event
of inactivity
Other attributes (informational/non-negotiable in nature)
Participation in the auction process presumes complete awareness and understanding
of the bidding rules.
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continuance of connectivity. SAIL shall in no way be responsible for the
consequences arising out of disruption of Internet connectivity. In case the bidder
desires, efforts will be made to provide assistance during the Reverse Auction phase
by deploying skilled persons from Service provider/authorized representative at the
participating vendor locations. However, SAIL or Service provider shall in no way
be responsible ensuring Internet connectivity.
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Format 12
FOREWORD
0.2 This is one of the series of Inter Plant Standards in the area of
safety in mines involved in raw material supply to the steel plants
and providing guidance to all concerned in accident prevention.
1. SCOPE
2. PROCEDURE
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sub-vendors shall abide by the safety codes, safety rules and
instructions of the employer as per statutory act, rules, regulations
& Circulars applicable in Mines
2.1.3 The Contractor shall ensure that their staff/ employees/ workmen
function effectively towards their own safety as well as safety of
their co-workers and other persons working in the area, including
the areas in the vicinity which may become unsafe due to their
activities.
2.1.6 The contractor shall be fully responsible for accidents caused due
to his or his agent's or workmen's negligence or carelessness in
regard to the observance of safety requirements and shall be liable
to pay compensation for injured person.
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2.1.9 The contractor shall ensure that drums or other make-shift
arrangement are not used in place of ladder or work benches or
supports for any job.
2.1.10 The contractor shall ensure that compressed air/ Oxygen/ any
other pressurized line are not used for removing dust from one's
clothes. Compressed air/ Oxygen/ any other pressurized line shall
not be blown against anyone as it may injure or even kill him/ her.
2.1.13 The Contractor shall follow all special safety precautions issued by
the Executing Authority or his site Engineer from time to time.
2.2.1 The contractor shall provide all the PPE (Personal Protective
Equipment) and Safety appliances required to carry out the job to
all the workmen deployed by the contractor and also ensure that his
workmen use those PPE and safety appliances while on the job.
a) DGMS
b) BIS/ Equivalent International Standard
c) IPSS
d) As per advice and design by the Safety Deptt. of the
Company.
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2.2.4 If at any stage, the contractor fails to provide proper type of PPE
and safety appliances, the Company may procure and distribute
the same as per requirement, with prior intimation to the contractor.
In such case, the cost of items plus the other cost incurred on
procurement shall be deducted from the bill of the contractor.
2.3.2 The contractor shall obtain specific permission from the Engineer
and Safety Officers before commencing the following :
a) Working in an operating
Plant
b) Working at height
c) Working in areas expected to have toxic/ poisonous gases
d) Major site activity irrespective of the clearance already
obtained
e) Wherever there are hazards of electricity, moving machinery
etc.
f) Underground working
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g) Any other job as per instruction of Executing Authority.
2.4.2 Before starting the day’s job, the Contractor shall ensure that
safety briefing has been done to his workers by himself or his
supervisors who have been imparted Safety Induction earlier and
also maintain records to this effect.
2.5.1 The contractor shall ensure that his employees/ workmen subject
themselves to such medical examination as required under the law
or under the Company's rules and keep a record thereof.
2.5.2 The Contractor shall not permit any employee/ workman to enter
the work area under the influence of alcohol.
2.6.2 The contractor shall not interfere with the site of accident, unless
inspected and/ or permitted by the competent authorities.
2.7. MISCELLANEOUS
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connected with the gas distribution system and handling of all
inflammable material shall strictly prohibited and ensure its
compliance.
2.7.2 The contractor shall ensure that horse-play of any kind and
unauthorized movement is prohibited inside the Mine. No one shall
distract the attention of others on work.
2.7.3 The contractor shall ensure that no one takes rest/ shelter below
any pit/ excavation, Railway Wagons, overhang/ undercuts, parked
vehicles, electrical installations etc.
2.7.4 The contractor shall ensure the availability of first aid box at the
working sites.
iv) Safety record as per Mines Act, Rules, Regulations and Circulars
or any other statutory provision shall also be maintained.
However, necessary help in this regard can be taken from the
concerned Safety Organization.
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Electrical
Equipment
iii) The Contractor shall make his own arrangement for the
area lighting/ spot lighting at Fabrication Yard. The Employer
will provide power source at one point only near to the
Fabrication Yard.
iv) The Employer will provide area lighting at erection site only.
The Contractor shall make his own arrangement for spot
lighting. The source of power supply at the nearest possible
point will be shown by Engineer at site.
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2.7.10. House Keeping
ii) The Contractor shall keep the scrap materials at one place
duly barricaded and shall remove the same regularly from the
workplace.
2.7.11 Barrication
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ii) The hand railings shall be immediately provided in all the
floors, stairs, etc before proceeding for further erection/
dismantling.
2.7.12 The contractor shall ensure that compressed air is not used
for removing dust from one’s clothes. Compressed air shall
not be blown against anyone as it may injure or even kill him/
her.
2.7.16 The contractor shall ensure that all person deployed by him
are confined to the designated place and duration of work.
2.8. LIABILITY
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direct stoppage of work and direct the Contractor to remedy
the defects or supply the facility/ equipment as the case may
be. The Contractor shall not proceed with the work until he
has complied with such directions to the satisfaction of the
Engineer/ Safety Department.
2.8.10 The Contractor shall enclose along with his first bill a true
copy of the Safety Induction Form (ENCLOSURE-B) duly
certified by the Executing Authority regarding use of safety
appliances, following of safety instructions and observance of
all safety laws, failing which the bill will not be processed for
payment.
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ENCLOSURE – A
Designation
Date _
Copy to :
1. Contractor
2. Engineer
3. Office copy – for
record.
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ENCLOSURE - B
SAFETY INDUCTION
FORM
Name of Mine/Unit
Safety Officers
I have gone through the Safety Rules Book for Contractors and received a
copy of the same. I shall follow all safety precautions/instructions given to
me and shall be responsible for safety of my staff/employees/workmen.
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Signature of Engineer
Certified that the requisite Safety Appliances are being used and safety
precautions/measures are being adopted.
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ENCLOSURE – C
Signed
Date: Contractor
Signed
Date: Engineer
C. You are authorized to carry out the work described below:
[Certificate to be given by the Deptt/Section where work is to be carried out]
Signed
Date: Employer
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These certificates are not a substitute for the Electrical Permits and
do not give permission to use masked lights or work in gas
hazardous areas or enter closed vessels or for explosives, which
shall be taken separately wherever required.
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Format 13
2.0 Registered agents will file an authenticated Photostat copy of agency agreement giving
the status being enjoyed by the agent and the commission / remuneration / salary /
retainership being paid by the principal to the agent before the placement of order by
SAIL Plants / Units.
3.1.0 Tenderers of foreign nationality shall furnish the following details in their offer.
3.1.1 The name and address of the agents / representative in India, if any and the extent of
authorisation and authority given to commit the Principals. In case the agent /
representative be a foreign company, it shall be confirmed whether it is real substantial
company and details of the same shall be furnished.
3.1.2 The amount of commission / remuneration included in the quoted price (s) for such
agents / representatives in India.
3.1.3 Confirmation of the Tenderer that the commission / remuneration, if any, payable to this
agents / representatives in India, if any, may be paid by SAIL in India in Indian Rupees
only.
3.2.0 Tenderers of Indian Nationality shall furnish the following details in their offers :
3.2.1 The name and address of the foreign principals indicating their nationality as well as their
status, i.e., whether manufacturer or agent of manufacturer holding the Letter of
Authority of the principal specifically authorising to make an offer in India in response to
tender either directly or through the agents / representatives.
3.2.2 The amount of commission / remuneration included in the price (s) quoted by the
Tenderer for himself.
3.2.3 Confirmation of the foreign principals of the Tenderer that the commission /
remuneration, if any, reserved for the Tenderer in the quoted price (s), may be paid by
SAIL in India in equivalent Indian Rupees on satisfactory completion of the project.
3.3.0 In either case, in the event of Contract materialising, the terms of payment will provide
for payment of the commission / remuneration, if any payable to the agents /
representatives in India in Indian Rupees about 90 days after the discharge of the
obligations under the Contract.
3.4.0 Failure to furnish correct and detailed information as called for in paragraph - 3.1 and
paragraph - 3.2 above will render the concerned tender liable to rejection or in the event
of a Contract materializing, the same liable to termination by SAIL.
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IMPORTANT INSTRUCTION
(1) An Indian agent can represent only one foreign bidder in a particular tender.
(2) In case you are an Indian agent for a number of foreign principals, you may please
submit separate application for each of these principals by taking out additional photo
copies of this application form.
(4) Full and unambiguous reply to each query must be given or else your application may
not be processed at all.
(5) Wherever necessary extra sheet can be attached and mention of this may be made
against the appropriate column of the application.
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APPLICATION FOR REGISTRATION OF INDIAN AGENTS
PART - I
(i) Name of the firm
_________________________________________________________
_________________________________________________________
(ii) Date of incorporation
(DD MM YY) ______________________________________________
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Steel Authority of India Limited
PART - II
(i) Status of firm 1. Proprietorship concern
(put a tick mark 2. Partnership concern
to whichever is 3. Private Limited
applicable) 4. Public Limited
5. Central Govt. Undertaking
6. State Govt. Undertaking
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Steel Authority of India Limited
PART - III
(i) a) Name of the Principal (whose agent is seeking registration)
__________________________________________________
__________________________________________________
__________________________________________________
b) Address
__________________________________________________
__________________________________________________
__________________________________________________
d) If the agent has authority to commit and sign on behalf of the Principal Y / N
(iii) Whether you are prepared to quote and receive payment in Indian Rupees Y/N
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Steel Authority of India Limited
(v) Have you firm / partners / proprietors / Director done business in the past with
Signature of Applicant
Place :
Date :
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Steel Authority of India Limited
Format 14(i)
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Steel Authority of India Limited
Witness:
1. Signature ________________
Full Name ________________
Address ________________
Witness:
2. Signature _______________
Full Name _______________
Address _______________
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Steel Authority of India Limited
Format 14(ii)
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Steel Authority of India Limited
The Company and the Guarantor have entered into an agreement dated …….. as per which the Guarantor shall be
providing technical and/or financial or such other supports as may be necessary for performance of the work relating
to the said tender.
Accordingly, at the request of the Company and in consideration of and as a requirement for SAIL to enter into
agreement(s) with the Company, the Guarantor hereby agrees to give this guarantee and undertakes as follows:
1. The Guarantor (Parent Company /Subsidiary Company (Delete whichever not applicable) unconditionally agrees
that in case of non-performance by the Company of any of its obligations in any respect, the Guarantor shall,
immediately on receipt of notice of demand by SAIL, take up the job without any demur or objection, in continuation
and without loss of time and without any cost to SAIL and duly perform the obligations of the Company to the
satisfaction of SAIL.
2. The Guarantor agrees that the Guarantee herein contained shall remain valid and enforceable till the satisfactory
execution and completion of the work (including discharge of the warranty obligations) awarded to the Company.
3. The Guarantor shall be jointly with the Company as also severally responsible for satisfactory performance of the
contract entered between the Company and SAIL.
4. The Guarantor represents that this Guarantee has been issued after due observance of the appropriate laws in force
in India. The Guarantor hereby undertakes that the Guarantor shall obtain and maintain in full force and effect all the
governmental and other approvals and consents that are necessary and do all other acts and things necessary or
desirable in connection therewith or for the due performance of the Guarantor’s obligations hereunder.
6. The Guarantor also agrees that this Guarantee shall be governed and construed in accordance with the laws in force
in India and subject to the exclusive jurisdiction of the courts of ……….., India.
7. The Guarantor hereby declares and represents that this Guarantee has been given without any undue influence or
coercion, and that the Guarantor has fully understood the implications of the same.
8. The Guarantor represents and confirms that the Guarantor has the legal capacity, power and authority to issue this
Guarantee and that giving of this Guarantee and the performance and observations of the obligations hereunder do
not contravene any existing laws.
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Steel Authority of India Limited
Witness:
2. Signature _______________
Full Name _______________
Address _______________
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Steel Authority of India Limited
Format 15
1. Introduction 9
2. Scope 9
3. Definitions 10-11
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Steel Authority of India Limited
Contractors etc.
9. Show-cause Notice 16
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Steel Authority of India Limited
1. Introduction
1.1 Steel Authority of India Limited (SAIL), being a Public Sector Enterprise
and ‘State’, within the meaning of Article 12 of Constitution of India, has to
ensure preservation of rights enshrined in Chapter III of the Constitution.
SAIL has also to safeguard its commercial interests. SAIL deals with
Agencies, who have a very high degree of integrity, commitments and
sincerity towards the work undertaken. It is not in the interest of SAIL to
deal with Agencies who commit deception, fraud or other misconduct in
the execution of contracts awarded / orders issued to them. In order to
ensure compliance with the constitutional mandate, it is incumbent on
SAIL to observe principles of natural justice before banning the business
dealings with any Agency.
2. Scope
2.1 The General Conditions of Contract (GCC) of SAIL generally provide that
SAIL reserves its rights to remove from list of approved suppliers /
contractors or to ban business dealings if any Agency has been found to
have committed misconduct and also to suspend business dealings
pending investigation. If such provision does not exist in any GCC, the
same may be incorporated.
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Steel Authority of India Limited
2.2 Similarly, in case of sale of material there is a clause to deal with the
Agencies / customers / buyers, who indulge in lifting of material in
unauthorized manner. If such a stipulation does not exist in any Sale
Order, the same may be incorporated.
2.3 However, absence of such a clause does not in any way restrict the right
of Company (SAIL) to take action / decision under these guidelines in
appropriate cases.
2.4 The procedure of (i) Removal of Agency from the List of approved
suppliers / contractors; (ii) Suspension and (iii) Banning of Business
Dealing with Agencies, has been laid down in these guidelines.
2.5 These guidelines apply to all the Plants / Units and subsidiaries of SAIL.
2.6 It is clarified that these guidelines do not deal with the decision of the
Management not to entertain any particular Agency due to its poor /
inadequate performance or for any other reason.
2.7 The banning shall be with prospective effect, i.e., future business dealings.
3. Definitions
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Steel Authority of India Limited
ii) ‘Inter-connected Agency’ shall mean two or more companies having any
of the following features:
a) If one is a subsidiary of the other.
b) If the Director(s), Partner(s), Manager(s) or Representative(s) are
common;
c) If management is common;
d) If one owns or controls the other in any manner;
iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a) For Company (entire SAIL) Wide Banning
The Director (Technical) shall be the ‗Competent Authority‘ for the
purpose of these guidelines. Chairman, SAIL shall be the ‗Appellate
Authority‘ in respect of such cases except banning of business
dealings with Foreign Suppliers of imported coal/coke.
b) For banning of business dealings with Foreign Suppliers of
imported coal/coke, SAIL Directors‘ Committee (SDC) shall be the
‗Competent Authority‘. The Appeal against the Order passed by
SDC, shall lie with Chairman, as First Appellate Authority.
c) In case the foreign supplier is not satisfied by the decision of the
First Appellate Authority, it may approach SAIL Board as Second
Appellate Authority.
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Steel Authority of India Limited
Any officer not below the rank of General Manager / Addl Director
appointed or nominated by the Chief Executive of concerned Plant /
Unit shall be the ‘Competent Authority’ for the purpose of these
guidelines. The Chief Executives of the concerned Plants / Unit
shall be the ‘Appellate Authority’ in all such cases.
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Steel Authority of India Limited
Action for banning / suspension business dealings with any Agency should be
initiated by the department having business dealings with them after noticing the
irregularities or misconduct on their part. Besides the concerned department,
Vigilance Department of each Plant / Unit /Corporate Vigilance may also be
competent to advise such action.
5.1 If the conduct of any Agency dealing with SAIL is under investigation by
any department (except Foreign Suppliers of imported coal/coke), the
Competent Authority may consider whether the allegations under
investigation are of a serious nature and whether pending investigation, it
would be advisable to continue business dealing with the Agency. If the
Competent Authority, after consideration of the matter including the
recommendation of the Investigating Department, if any, decides that it
would not be in the interest to continue business dealings pending
investigation, it may suspend business dealings with the Agency. The
order to this effect may indicate a brief of the charges under investigation.
If it is decided that inter-connected Agencies would also come within the
ambit of the order of suspension, the same should be specifically stated in
the order. The order of suspension would operate for a period not more
than six months and may be communicated to the Agency as also to the
Investigating Department. The Investigating Department may ensure that
their investigation is completed and whole process of final order is over
within such period.
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Steel Authority of India Limited
5.3 As far as possible, the existing contract(s) with the Agency may continue
unless the Competent Authority, having regard to the circumstances of the
case, decides otherwise.
5.4 If the gravity of the misconduct under investigation is very serious and it
would not be in the interest of SAIL - Bhilai Steel Plant, as a whole, to deal
with such an Agency pending investigation, the Competent Authority may
send his recommendation to ED (CMMG), SAIL Corporate Office along
with the material available. If Corporate Office considers that depending
upon the gravity of the misconduct, it would not be desirable for all the
Plants / Units and Subsidiaries of SAIL to have any dealings with the
Agency concerned, an order suspending business dealings may be issued
to all the Plants / Units by the Competent Authority of the Corporate
Office, copy of which may be endorsed to the Agency concerned. Such
an order would operate for a period of six months from the date of issue.
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Steel Authority of India Limited
5.6 If the Agency concerned asks for detailed reasons of suspension, the
Agency may be informed that its conduct is under investigation. It is not
necessary to enter into correspondence or argument with the Agency at
this stage.
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Steel Authority of India Limited
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Steel Authority of India Limited
7.1 Normally, a decision to ban business dealings with any Agency should
apply throughout the Company including Subsidiaries. However, the
Competent Authority of the Plant / Unit except Corporate Office can
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Steel Authority of India Limited
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Steel Authority of India Limited
After considering the reply of the Agency and other circumstances and
facts of the case, ED (CMMG) will submit the case to the Competent
Authority to take a final decision for Company-wide banning or otherwise.
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Steel Authority of India Limited
7.4 If the Competent Authority is prima-facie of view that action for banning
business dealings with the Agency is called for, a show-cause notice may
be issued to the Agency as per paragraph 9.1 and an enquiry held
accordingly.
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Steel Authority of India Limited
The Committee shall examine the report and give its comments /
recommendations within 21 days of receipt of the reference by ED,
CIG.
8.1 If the Competent Authority decides that the charge against the Agency is
of a minor nature, it may issue a show-cause notice as to why the name of
the Agency should not be removed from the list of approved Agencies -
Suppliers / Contractors, etc.
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Steel Authority of India Limited
8.2 The effect of such an order would be that the Agency would not be
disqualified from competing in Open Tender Enquiries but LTE may not be
given to the Agency concerned.
8.3 Past performance of the Agency may be taken into account while
processing for approval of the Competent Authority for awarding the
contract.
9 Show-cause Notice
9.1 In case where the Competent Authority decides that action against an
Agency is called for, a show-cause notice has to be issued to the Agency.
Statement containing the imputation of misconduct or mis-behaviour may
be appended to the show-cause notice and the Agency should be asked
to submit within 15 days a written statement in its defence.
9.3 The Competent Authority may consider and pass an appropriate speaking
order:
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Steel Authority of India Limited
9.4 If it decides to ban business dealings, the period for which the ban would
be operative may be mentioned. The order may also mention that the ban
would extend to the interconnected Agencies of the Agency.
10.1 The Agency may file an appeal against the order of the Competent
Authority banning business dealing, etc. The appeal shall lie to Appellate
Authority. Such an appeal shall be preferred within one month from the
date of receipt of the order banning business dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate order
which shall be communicated to the Agency as well as the Competent
Authority.
Any petition / application filed by the Agency concerning the review of the
banning order passed originally by Chief Executive / Competent Authority under
the existing guidelines either before or after filing of appeal before the Appellate
Authority or after disposal of appeal by the Appellate Authority, the review
petition can be decided by the Chief Executive / Competent Authority upon
disclosure of new facts / circumstances or subsequent development
necessitating such review. The Competent Authority may refer the same petition
to the Standing Committee for examination and recommendation.
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Steel Authority of India Limited
12.3 If business dealings with any Agency have been banned by the Central or
State Government or any other Public Sector Enterprise, SAIL may,
without any further enquiry or investigation, issue an order banning
business dealing with the Agency and its inter-connected Agencies.
12.4 Based on the above, Plants / Units may formulate their own procedure for
implementation of the Guidelines and same be made a part of the
tender documents.
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