rate contract - northern coalfieldsnclcil.in/tenders/april 2016/63616999.pdf · rate contract ref....

(UNDER JURISDICTION OF SINGRAULI COURT ONLY)

RATE CONTRACT

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016

To BY SPEED/REGISTERED POST

M/s Waidhan Engineering & Industries Pvt. Limited, Plot No. 54 &56

Udyog Deep Industrial Estate V. Code: W0003

P.O. – Waidhan

Distt – Singrauli – 486 886

FAX No.: 07805 233255

Sub: Rate Contract for re-treading of OTR Tyres.

Ref: i) Our E-Tender No. NCL/SGR/MMD/OPEN/15-16/ 415A1058/44 dated 19.06.2015,

Techno-commercial Bid opened on 24.07.2015 & Price Bid opened on 19.10.2015,

for conclusion of Rate Contracts for retreading of OTR Tyres.

ii) Your Offer No. – WEI:2015-16:134 dated 21.07.2015

iii) Your letter no. – WEI:2015-16:242 dated 15.12.2015

iii) Your Letter No. – WEI:2015-16:266 dated 10.03.2016

iv) Your Letter No. – WEI:2015-16:277 dated 30.03.2016

Dear Sirs,

With reference to the above, we are pleased to enter into a Rate Contract with you for

retreading of OTR Tyres of various Projects of Northern Coalfields Limited situated in the

state of Madhya Pradesh and Uttar Pradesh as per details given in Annexure I and in

accordance with the price, terms & conditions detailed hereunder:

Sl.No. Size of OTR Tyre for Retreading Basic re-treading rate per Tyre (Rs.)

For MP Projects For UP Projects

1 24.00X49-48PR/24.00R49, TRA

Code- E4

82000.00 82000.00

2 18.00X25-32PR, TRA Code- E4 26300.00 25988.00

3 18.00X25-12PR, TRA Code- E3 26300.00 25988.00

1. BASIS OF PRICE:- The prices are inclusive of Packing, Forwarding, To and Fro Freight

and Transit Risk Insurance charges etc. on FOR Destination basis and shall remain firm till

execution of Work Orders placed against the Rate contract.

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016

M/s Waidhan Engineering & Industries Private Limited, Waidhan

Page | 2

2. SALES TAX:-

(i) For MP Fields: VAT to be paid extra at actuals as applicable at the time of supply, which

is presently applicable @ 5% on 60% of Basic Rate (applicable for MP Project).

(ii) For UP Fields: Concessional CST shall be payable extra at actuals as applicable at the

time of supply which is presently applicable @ 2% on 60% of Basic Rate (applicable for UP

Project) against form “C”. For availing concessional rate of Sales Tax, requisite Sales Tax

declaration form will be furnished by the Consignee.

(iii) You shall have to submit CST/VATABLE INVOICE, accordingly for availing input

VAT credit by NCL

3. SERVICE TAX: Shall be payable extra at actuals as applicable at the time of supply

which is presently applicable @ 14.50 % on 40% of Basic Rate. You have to submit Service

Tax Invoice in prescribed format as per 4(A) of Service Tax Rule 1994 for availing input

Tax credit by NCL

Note:- However, if there be any statutory increase in the rate of Taxes & Duties during

the extended Delivery period, NCL shall not pay the increase in the Taxes & Duties and

shall be borne by you. In case there is any decrease, the same shall be passed on to NCL.

04. SECURITY DEPOSIT:- You are advised to deposit Security Money for Rs.

28,00,820.00 (Rupees Twenty Eight Lakh Eight Hundred Twenty only) in the form of

Bank Draft drawn in favour of Northern Coalfields Limited payable at SBI, Morwa

Branch (Code: 3767), Singrauli (MP) or at any Scheduled Bank/Nationalised Bank

located at MORWA, Singrauli (MP), or in the form of Bank Guarantee of any Scheduled

Bank/ Nationalized Bank in the prescribed format (Annexure-J) of NIT within 15 days

from the date of issue of Rate Contract.

The Bank Guarantee shall remain valid for 27 months from the date of issue of this Rate

Contract. The Security Deposit will be released after successful execution of Supply

Orders placed by DDOs against this Rate Contract.

05. DURATION OF CONTRACT:- The Rate Contract will remain valid for a period of

two years from the date of its issue .

06. PRICE CERTIFICATE:- You are required to submit following certificate along with

your bill(s) :

“The prices charged by us under this bill is the lowest price and is the same as applicable

to DGS&D/ other Govt. Depts./ other PSUs including CIL & its Subsidiaries /other

Organizations and are not higher than the rates quoted/charged by us for retreading of the

same item(s) to other customers.”

07. RATE CONTRACT:- The quantity of retreading of OTR Tyres during the currency of

the Rate Contract is not fixed and the same will be drawn by the DDO's based on their

actual requirement from time to time “on as and when” required basis.

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 3

08. PACKING:-Packing of all the materials shall conform to the requirements of the

carrier.

Proper care should be taken during transportation as per standard trade practices to

withstand rigors of transport to prevent any loss/damage/pilferage of the contents in

transit.

09. DELIVERY PERIOD:- Within 45 days from the date of collection of tyres from the

consignee.

The consignees shall inform the Retreader for carrying out Joint Inspection of

Retreadable tyres within 15 days of issuance of work order and the Tyres must be

collected by the Retreader within 15 days from the date of joint inspection. The above

delivery period is with the consideration that date of receipt of material at the destination

shall be considered as date of receipt.

10. DIRECT DEMANDING OFFICERS & PAYING AUTHORITY:- This Rate Contract

will be operated by the Direct Demanding Officers and payment to be made by the

Paying Authority of the concerned consignee/DDO, as per the details given in Annexure-

II.

11. COLLECTION OF TYRES FOR RETREADING: On receipt of work order from

Direct Demanding Officer, it will be your responsibility to collect the Tyres for retreading

12. MODE OF DISPATCH / TRANSPORTATION:- The material will be delivered by

Road Transport only. To and Fro transportation will be borne by you. Loading/Unloading

at project sites will be arranged by NCL and at your site by you at your own cost.

Necessary Way Bill(s), if required, should be obtained from the respective Consignees

situated in the State of UP.

13. GUARANTY:-

(i) Retreaded tyres shall be guaranteed for a minimum period of 2000 working hours for

OTR Tyre Size 24.00X49-48PR / 24.00R49, TRA code-E4 and minimum period of 1500

working hours for OTR Tyre Size 18.00X25-32PR & 18.00X25-12PR.

The following shall be considered as retreading failure :

A) Separation of tread from casing.

B) Bulging of tread

In case of premature failure on account of retreader, the following procedure

shall be adopted for calculation of compensation amount which has to be recovered

from you. The deduction can be made by deducting equivalent amount from

your pending / future bills / Security money or by recovering the same

amount from you.

(a) In case the retreaded tyre achieves less than 60 % of Guaranteed life , the full

amount paid for retreading of said tyre shall be recovered from you.

(b)In case the retreaded tyre covers 60 % or more of Guaranteed life, the

compensation amount which is to be recovered from you shall be calculated

on pro-rata basis as per formula given below.

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 4

Compensation amount = (A - B) / A X C

Where A = Guaranteed Life

B = Life covered / achieved by the retreaded tyre

C = Amount incurred for retreading of said tyre

(iii)Premature failure of the retreaded tyres shall be decided on the basis of

Joint Inspection of the failed tyre to be held between the representative of S O

(Excv) of the project and your representative. The Joint Inspection report

should be countersigned by S .O (Excv) of the project.

(iv)To & fro transport charges of tyres, failed under warranty shall be arranged

by you at your own cost.

(v) Inspection of premature failed tyres shall be done immediately within 30

days of receipt of the intimation from the respective project.

(vi) It will also be your responsibility to lift only those tyres which are

free from through cuts and free from casing damage. Failure of retreaded tyres

attributed to casing damage shall also be considered as retreading failure.

In the event of a tyre with a through cut being collected by the contractor, under

this contract, no payments towards repair of through cuts shall be made.

(vii) You shall be required to arrange for inspection of tyres before collection for

retreading in the presence of authorised representative of the Depot officer/ Consignee of

the project. Inspection of retreadable tyres shall be done immediately within 15 days of

receipt of the intimation from the Depot Officer/ consignee of the respective project.

(viii) Warranty replacement should be completed within a reasonable period maximum

within one month from the date of claim free of cost up to ultimate Consignee’s end. All

cases of warranty replacements will be decided on the basis of joint inspection of the failed

goods held between the NCL representative and your representative.

14. INSPECTION:-It will be your responsibility to inspect the Tyres before collection of

tyres from the consignee. Only those tyres which are free from through cuts and free from

casing damages should be collected. The failure of tyres due to above points will be regarded

as retreading failures. In the event that a tyre with a through cut has been collected by the

Contractor, no payment of any type shall be made.

Final inspection of retreaded Tyres shall be carried out by authorized representative of

GM(Excv.), NCL after receipt of retreaded Tyres at Consignee’s end.

15. PAYMENT TERMS:-100% payment shall be released within 21 days of receipt and

acceptance of materials at site by the consignee or submission of bills complete in all

respects, whichever is later. The payment shall be made by “Electronic Fund Transfer”

(EFT) or e-payment. You are requested to indicate EFT No. and other relevant details in

your bill(s). All payments (in Indian Rupees) will be made by the concerned Paying

Authority of NCL.

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 5

16. BANKER’S NAME AND ACCOUNT NO:-

a. Account Name: - Waidhan Engineering & Industries Pvt. Ltd.

b. Banker’s Name:- State Bank of India

c. Branch:- Waidhan Branch

d. Account Type: Cash Credit Account

e. Account No:- 11237902260

f. IFSC Code:- SBIN0003848

17. SUBMISSION OF BILLS:- 100% bill in triplicate duly pre-receipted on a revenue

stamp, along with Guarantee Certificate & Price Certificate should be submitted to the Paying

Authority. A copy of the bill should be submitted to the Consignee. You shall raise bill

indicating Material Cost and corresponding Sales Tax / VAT amount thereon and cost

towards Service Component and corresponding Service Tax thereon.

A. Following documents may be submitted to the Consignee: i) Consignment Note.

ii) Delivery Challan in original.

iii) One copy of the bill.

iv) Warranty/Guarantee Certificate/Inspection Report wherever required.

v) Price Fall Clause Certificate.

vi) Any other documents specified in the R/C.

B. Following documents should be submitted to the Paying Authority: i) 100% bill in triplicate duly pre-receipted and stamped.

ii) Copy of the consignment Note Warranty/Guarantee Certificate/ Copy of the

Inspection Note wherever required.

iii) Lowest Price Certificate.

iv) Price Fall Clause Certificate.

v) Any other documents specified in the R/C.

18. INDEMNITY BOND:- You shall have to indemnify NCL for the full approximated off-

take value i.e Rs. 2,80,08,192.00 (Rupees Two Crore Eighty Lakhs Eight Thousand One

Hundred Ninety Two Only) for any loss or damage to Tyres in course of transit or while

in your custody as per Annexure P of NIT.

19. DELAYED DELIVERY AND LIQUIDATED DAMAGES:- In the event of failure to deliver the retreaded tyres within the stipulated date/period in

accordance with the specifications mentioned in the Rate Contract/ Work Order and in the

event of breach of any of the terms and conditions mentioned in the Rate Contract/ Work

Order, NCL shall have the right:-

a) To recover from you, as agreed liquidated damages a sum not less than 0.5% (half percent)

of the price of any store which you have not been able to supply as aforesaid for each week or

part of a week during which the delivery of such stores may be in arrears limited to 10% (ten

percent). Where felt necessary, the limit of 10% can be increased to 15% at the discretion of

Head of Material Management Division of NCL.

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 6

b) To retread the tyres elsewhere after due notice to you on your account and risk, the stores

not supplied or others of a similar description without cancelling the supply order in respect

of consignment not yet due for supply. OR

c) To cancel the Rate Contract/ Work Order or a portion thereof and if so desired to retread

the Tyres at your risk and cost and also -

d) To extend the period of delivery with or without penalty as may be considered fit and

proper. The penalty, if imposed shall not be more than the agreed liquidated damages referred

to in clause (a) above.

e) To forfeit the Security Deposit full or in part.

f) Whenever, under this contract, a sum of money is recoverable from and payable by you,

NCL shall be entitled to recover such sum by appropriating in part or in whole by deducting

any sum or which at any time thereafter may become due to you in this or any contract should

this sum be not sufficient to cover the full amount recoverable, you shall pay NCL on demand

the remaining balance. You shall not be entitled to any gain on any such purchase.

20. PRICE FALL CLAUSE:-

The price charged for the stores supplied against this Rate Contract shall in no event

exceed the lowest price at which you sell or offer to sell the stores of identical

description to any other party during the said period.

If you at any time during the period of Supply Order(s) placed by DDOs against this Rate

Contract reduce the sale price, sell or offer to sell such stores to any other organization at

a price lower than the price chargeable under the contract, you shall forthwith notify such

reduction of sale prices to NCL and the price payable under this contract for the stores

supplied after the date of coming in force of such reduction in sale price, shall stand

correspondingly reduced.

21. STATEMENT OF THE ORDER RECEIVED AND MATERIAL SUPPLIED:-

It will be your responsibility to submit monthly report indicating number of Tyres

received with date of receipt, numbers of Tyres retreaded with date of delivery, number of

premature failed Tyres (as reported by Projects of NCL), Joint Inspection Report, status

of claim settlement/pending.

22. The Tyres for retreading will be given by the Depot Officer, Regional Stores of the

Concerned Projects of NCL against specific Work Order.

23. RISK PURCHASE:- In the event of your failure to deliver the retreaded Tyres within the

stipulated date/period of the Rate Contract/ Work Order, or in the event of breach of any

of the terms and conditions mentioned in the Rate Contract/Work Order, NCL has the

right to retread the Tyres from elsewhere after due notice to you at your risk and cost.

In the event of your failure as detailed above, the cost as per risk purchase exercise may

be recovered from your bills against any other retreading pending in NCL and also in any

other Subsidiary companies/Coal India Ltd.

24. JURISDICTION OF COURT:- Any dispute arising out of this Rate Contract will be

subject to the Jurisdiction of Singrauli Court (M.P) only.

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 7

This Rate Contract is the sole repository of the Northern Coalfields Limited and shall also be

governed by all the provisions of CIL Purchase Manual -2004 (with latest

addendum/amendments) as well as the "General Terms and Conditions of Supply of Stores "

issued along with our NIT as Annexure-F unless otherwise stipulated in this Rate Contact.

The Rate Contract is concluded with this acceptance. We enclose two copies of the Rate

Contract, one of which should be returned to us within 15 days duly stamped and signed by

you as a token of acceptance of this Rate Contract, or else it will be construed that you have

accepted the Rate Contract.

This issues with the approval of competent authority.

Encl:- Annexure-I : Technical Details

Annexure-II : List of DDOs and Paying Authority.

Annexure – III- Project Wise Offtake Value

Annexure – IV: Integrity Pact.

Yours faithfully,

(A. K. Giri) (M. A. Siddiqui)

Asst. Manager (X/MM) Chief Manager (MM)

Copy to:- The Chief Vigilance Officer, NCL, Singrauli.

The General Manager (Finance.), NCL, Singrauli.

The General Manager (Excv.), NCL, Singrauli.

The General Manager (Stores), NCL, Singrauli.

The Progress Cell, NCL, Singrauli The General Manager (MM), CCL/BCCL/ ECL/SECL/ WCL/ MCL/ NEC/ CMPDIL, Ranchi

Sri Sewa Ram, IAS (Retd.), 660, Sector – 26, Panchkula, Haryana – 134116.

Sri J.K. Khanna, IPS (Retd.), A-102, Sector - 55, Noida -201307.

The General Manager/Staff Officer (MM)/Staff Officer (Excv)/Area Finance Manager,

Nigahi/ Jayant/ Amlohri/Jhingurda/ Block B /Bina/Kakri/Khadia/Dudhichua/K’ Shilla:-

The work order against this Rate Contract should be restricted to the extent within the

following percentage of total off-take of the respective projects as indicated in Annexure-III.

Sl.

No.

Size of Tyres to be retreaded Percentage of Total off-

take of respective projects

1 24.00X49-48PR/24.00R49, TRA Code- E4 60%

2 18.00X25-32PR, TRA Code- E4 40%

3 18.00X25-12PR, TRA Code- E3 40%

Asst Manager (X/MM), Chief Manager (MM),

NCL, Singrauli NCL, Singrauli

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 8

Annexure-I

NORTHERN COALFIELDS LIMITED

MM DEPT: SINGRAULI

Technical Details of Tyres for Retreading:

A. The specifications of re-treaded tyre shall be as under

l

No

Tyre Size Overall Dia

in mm

Overall

Width in

mm

Tread

Depth

in mm

Minimum

guaranteed

Life(W/Hrs)

1 Rock Duty, Cut Resistant,

Off- The Road, Tubeless

Tyre 24.00X49-48PR /

24.00R49,TRA code-E4

application:Dumper

Bias

2516-2543

Radial

2529-2531

Bias

655-665

Radial

656-701

61(Bias)

59(Radial)

2000

2 --do-- 18.00X25-32PR

Bias,TRA code-E4.

Application:Water sprinkler

1615-1705 495-528 55 1500

3 --do-- 18.00X25-12PR

Bias,TRA code-E3

Application: Motor grader

1615-1705 495-518 31 1500

(The above dimensions are of inflated tyre in mm and tread depth as per BS)

B. Tread Type- Rock Deep Tread , E3 & E4, Cut -Resistant.

C. The make of tyres available for retreading are :

1. Bridgestone

2. Good Year India

3. Nippon Good Year

4. Michelin

5. Yokohama

6. MRF

7. Some other make may also be included based on future supplies.

D. The retreading process should be , Non-directional pattern mould except for tyre size

18.00X25-12PR which will be directional pattern mould. All repairs except through cut

repair, in course of retreading will be done free of cost on retreadable tyre . Shore hardness of

retreaded tyre should be 65 +/-5 % on Durometer Gauge / Scale.



Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 9

Annexure-II


MM DEPT: SINGRAULI

Sl. No

Name of the Consignee/ Direct Demanding Officer

Paying Authority

1 The Depot Officer, Regional Stores,

Amlohri Project, Northern Coalfields

Limited, P.O. : Amlohri Colliery, Distt.

Singrauli (MP)-486887

Area Finance Manager, Amlhori Project,

Northern Coalfields Limited, P.O. :

Amlohri Colliery, Distt. Singrauli (MP)-

486887

2 The Depot Officer, Regional Stores, Bina

Project, Northern Coalfields Limited.,

P.O.: Bina Colliery, Distt. Sonebhadra

(UP) -231220.

Area Finance Manager, Bina Project,

Northern Coalfields Limited., P.O.: Bina

Colliery, Distt. Sonebhadra (UP) -

231220.


Jayant Project, Northern Coalfields

Limited., P.O. : Jayant Colliery, Dist. :

Singrauli (M.P.): 486 890.

Area Finance Manager, Jayant Project,

Northern Coalfields Limited., P.O. :

Jayant Colliery, Dist. : Singrauli (M.P.):

486 890.


Khadia Project, Northern Coalfields

Limited., PO : Khadia Colliery, Dist. :

Sonebhadra (UP)- 231222.

Area Finance Manager, Khadia Project,

Northern Coalfields Limited., PO :

Khadia Colliery, Dist. : Sonebhadra

(UP)- 231222.


Nigahi Project, Northern Coalfields

Limited, P.O.: Nigahi Project, Distt.

Singrauli (M.P.)- 486 884

Area Finance Manager, Nigahi Project,

Northern Coalfields Limited, P.O.:

Nigahi Project, Distt. Singrauli (M.P.)-

486 884


Dudhichua Project, Northern Coalfields

Limited, P.O. Khadia Colliery, Dist. :

Sonebhadra (UP)- 231222.

Area Finance Manager, Dudhichua

Project, Northern Coalfields Limited,

P.O. Khadia Colliery, Dist. : Sonebhadra

(UP)- 231222.


Jhingurda Project, Northern Coalfields

Limited, P.O.: Jhingurda Colliery, Distt.

Singrauli (M.P.)- 486 889

Area Finance Manager, Jhingurda


P.O.: Jhingurda Colliery, Distt. Singrauli

(M.P.)- 486 889


Krishnashilla Project, Northern

Coalfields Limited, P.O.: BINA Colliery,

Distt. Sonebhadra (U.P.)- 231 220

Area Finance Manager, Krishnashilla


P.O.: BINA Colliery, Distt. Sonebhadra

(U.P.)- 231 220

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 10


Block B Project, Northern Coalfields Limited., P.O. : Gorbi Colliery, Distt.

Singrauli (MP)-486892

Area Finance Manager, Block B Project,

Northern Coalfields Limited., P.O. :

Gorbi Colliery, Distt. Singrauli (MP)-

486892


Kakri Project, Northern Coalfields Limited., P.O.: Bina Colliery, Distt.

Sonebhadra (UP) -231220

Area Finance Manager, Kakri Project,

Northern Coalfields Limited., P.O.:

Bina Colliery, Distt. Sonebhadra (UP) -

231220



Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 11

Annexure-III


MM DEPT: SINGRAULI

Depot Officers are advised to place Work Order against approved and Concurred proposal

within the following offtake limit during the validity period of Rate Contract.

Project wise 60% Offtake Value for 02 Years for retreading of OTR Tyres size

24.00X49-48PR / 24.00R49

Project 60% Offtake

Value (Rs.) for 02

years

Amlhori 4282368.00

Nigahi 3925504.00

Jayant 5352960.00

Jhingurda 2141184.00

Dudhichua 3158640.00

Khadia 1754800.00

Bina 2456720.00

Kakri 1754800.00

Krishnashilla 701920.00

Total 60% Offtake Value for

02 Years

2,55,28,896.00

Project wise 40% Offtake Value for 02 Years

a. For retreading of OTR Tyre size 18X25 12PR:

Project 40% Offtake Value(Rs.)

for 02 Years

Jayant 57228.00

Jhingurda 114456.00

Block B 114456.00

Dudhichua 166842.00

Bina 111228.00


Total 40% Offtake

Value for 02 Years

6,75,438.00

b. For retreading of OTR Tyre size 18X25 32PR:

Project

40% Offtake Value(Rs.)

for 02 Years

Amlhori 171684.00

Nigahi 343368.00

Jayant 57228.00

Jhingurda 171684.00

Ref. No. 63616999/415A1058 Date: 7th

April’ 2016


Page | 12

Block B 114456.00

Dudhichua 444912.00

Khadia 111228.00

Bina 166842.00

Kakri 111228.00


Total 40% Offtake Value

for 02 Years

18,03,858.00

(A. K. Giri) (M. A. Siddiqui)

Asst. Manager (X/MM) Chief Manager (MM)

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