website : tel: 25522 2504/ 2552 2873. fax: 2552...
TRANSCRIPT
1
RASHTRIYA CHEMICALS & FERTILIZERS LIMITED
(A Government of India Undertaking)
Administrative Building, Chembur, Mumbai 400 074. Maharashtra, INDIA
Corporate Identification Number – L24110MH1978GOI020185
Phone: 00 91 22 2552 2873, Fax: 00 91 22 2552 2320/2233
e-mail: [email protected], [email protected]
Website : www.rcfltd.com
Tel: 25522 2504/ 2552 2873. Fax: 2552 2320 /2552 2231
MATERIALS DEPARTMENT
NOTICE INVITING TENDER
NIT No.: TC: RM: CL:POTASSIUM NITRATE:FTWZ: 2015.
Sub: Customs Clearance, Forwarding, Handling, De-stuffing of containers at Arsheya FTWZ,
Panvel and Loading of Bagged cargo onto trucks, Transportation by Trucks of bagged
cargo from Arsheya FTWZ, Panvel to RCF, Chembur.
Earnest Money Deposit (EMD) : Rs.15,000/-(Rupees fifteen thousand only)
through cash deposit in SBI or through
RTGS/NEFT as per detailed at NIT Clause
No. 2.0.04 Sr. No. 1.
Last date & time of receipt of tender : 17.02.2015 at 2.30 P.M.
Date & time of opening of tender : 17.02.2015 at 3.00 P.M.
Place of tender submission & opening : Transportation & Clearance Section
RCF Limited, Trombay Unit,
Administrative Building, Room No.20
Chembur, Mumbai – 400 074.
2
ENCLOSURES
1. Annexure – A : Status of the Tenderer.
2. Annexure – B : Price Bid Format.
3. Annexure – C : Format for Bank Guarantee towards Security deposit and Performance
Guarantee.
4. Annexure – D : List of RCF approved bankers for Bank Guarantee.
5. Annexure – E: Format for Agreement to be executed by a Successful Tenderer.
6. Annexure – F : Format for Solvency Certificate.
7. Annexure – G: Format for clearing payment by ECS.
8. Annexure – H : Format for EMD payment through triplicate challans by depositing cash
in SBI.
9. Annexure – I : Vendor Data Updation form.
10. Annexure – J: Notes to Vendor.
3
NIT No.: TC: RM: CL: POTASSIUM NITRATE:FTWZ: 2015.
The estimated quantum of work to be handled:
Sr. No. Material Qty in MT
1 Potassium Nitrate (FCO Grade) 1344
Note: The aforesaid material shall be available at Arsheya FTWZ, Panvel in bagged form of
25 kg each.
The above is only an approximate assessment of the work and the quantity is only
indicative and no guarantee can be given as to any definite volume of work which will be
entrusted to the Contractor at any time or throughout the period of contract as these figures
are likely to vary or even become nil solely at the discretion of RCF.
The quantity shown is tentative and is subject to increase/decrease at the discretion of
RCF.
The tenderers are required to submit their tender, in duplicate, duly sealed, along with a
Certificate in following form accepting terms and conditions of the tender:
"I/We have thoroughly examined the terms and conditions given in the invitation to tender
and its Annexures and Schedules and agree to abide by all terms & conditions stipulated
therein.”
PLACE: MUMBAI.
4
NIT No.: TC: RM: CL:POTASSIUM NITRATE:FTWZ: 2015
Chief Manager (Materials), T&C,
Rashtriya Chemicals & Fertilizers Ltd., Trombay Unit,
Administrative Building, Room No 20,
Mahul Road, Marvali,
Chembur, Mumbai - 400 074.
Dear Sir,
I/We submit this sealed tender in duplicate, for appointment as Contractor (s) for Customs
Clearance, Forwarding, Handling, De-stuffing of containers at Arsheya FTWZ, Panvel and
Loading of Bagged cargo onto trucks, Transportation by Trucks of bagged cargo from
Arsheya FTWZ, Panvel to RCF, Chembur.
I/We have thoroughly examined the terms and conditions given in the invitation to tender and its
Annexure and Schedules and agree to abide by all of them. The rates at which I/We offer to carry
out the work have been stated in the Schedules and it is confirmed that no other charges would be
payable to me/us. The rates quoted are firm rates and valid during the contract period of six
months from the Date of LOI/WO.
I/We hereby confirmed that Earnest Money Deposit payment for Rs. 15,000/- (Fifteen
thousand Rupees only) is made by us as per NIT Clause No. 2.0.04 Sr. No. 1.
I/We agree to hold the offer valid for 60 days from the date of opening of the tenders and shall
be bound by communication of acceptance within this time. I/We further undertake that this
offer shall not be modified, amended, altered or withdrawn by me/us till the aforesaid period
of 60 days. In case I/We do so or fail, on receipt of advice of acceptance of my/our tender, to
pay the Security Deposit as per the contract within the specified date, I/We agree that the
Earnest Money shall stand absolutely forfeited to Rashtriya Chemicals & Fertilizers Ltd.,
(Trombay Unit) as and by way of agreed damages. I/We shall be liable to pay to Rashtriya
Chemicals & Fertilizers Ltd., for all losses caused to or suffered by Rashtriya Chemicals &
Fertilizers Ltd., to execute the contract agreement or commence the work.
1. The following papers have been added to and form part of the Unpriced Commercial
Bid. NIT and Unpriced part of the tender – “Part - I with EMD”.
2. The Commercial part of tender with Schedule of Rates is submitted in a separate
envelope superscribing "Part-II of the Tender - Price Bid".
Yours faithfully,
(Signature of theTenderer)
Status –(State the capacity in which the signatory is signing)
Place:
Date:
5
Notice Inviting Tender (NIT) No.: TC: RM: CL:POTASSIUM NITRATE:FTWZ: 2015
1.0.0 Documents to be attached to Part I - Unpriced Commercial Bid: The Tenderer should
furnish the following (also refer Annexure-A) along with the tender in the envelope
superscribed Part - I.
All the documents furnished by the Tenderer, if not in original, shall be self attested by
the Tenderer.
1) Earnest Money Deposit: Earnest Money Deposit of Rs. 15,000/- ( Rupees Fifteen thousand
only) to be furnished through either of the following:
a) To deposit cash through triplicate challans (as per enclosed Format), in SBI and submit
copy of challans alongwith tender document.
OR
b) To remit through RTGS / NEFT mode in Power Jyoti Account and submit copy of Bank
UTR alongwith tenders. The details of Power Jyoti Account for RTGS / NEFT is as below:
Beneficiary Name : Rashtriya Chemicals & Fertilizers Limited
Current Account Number : 32376445560
Bank Name: State Bank Of India.
Branch Name: Mahul Road, Chembur Mumbai
Branch Code: 00564
IFSC Code: SBIN0000564
2) Photostat copy of valid Custom House Agent Licence duly self attested or back up from
Custom House Agent with Undertaking to carryout necessary customs clearance.
3) Copy of registration with FTWZ, Panvel
4) Copy of the NIT duly signed and stamped on each page.
5) Certificate showing that the offer is in total conformity with the Terms & Conditions as
specified in the NIT. Deviation list, if any, from the terms of NIT which are not in
agreement should be specified by the bidder with respect to the relevant NIT / GTC clause
number. If no deviations are indicated, separately, it will be presumed that all the terms &
conditions of NIT are acceptable, in entirety.
6) Certificate that the rates are valid for 60 days from the tender closing date for placement of
Purchase Order/ Work Order.
7) A certificate that the rates shall be firm and valid during the contract period of six months
from Date of LOI/WO.
8) Price Bid Photostat copy with prices Blanked off
2.0.0 PRE-QUALIFICATION CRITERIA:
Sr. CRITERIA FOR CONSIDERATION
FOR PRE-QUALIFICATION
EVIDENCE REQUIRED FOR THE CRITERIA
LAID DOWN AS SHOWN AGAINST EACH
PARAGRAPH
1. The Tenderer should have office in
Mumbai/ JNPT / Panvel
Details of office premises to be given.
( Give full address with Telephone Number, E-
mail etc. in full style)
2. The Tenderer should have valid Custom Legible Photostat copy duly self attested showing
6
House Agent License . the Custom House Agent License with date of
issue and the expiry date or back up from Custom
House Agent with Undertaking to carryout
necessary customs clearance.
3 Tenderer should have valid Registration
with FTWZ
Submit the Copy of Registration
4. Work experience: The Tenderer should
have handled clearance & transportation
of imported fertilizer (FCO
Grade)/fertilizer raw material in bagged
form at any Indian port during the last 7
years of following value –
a) 3 contracts of value Rs. 5.74 Lakhs; OR
b) 2 contracts of value Rs. 7.17 Lakhs; OR
c) 1 contract of value Rs.11.48 Lakhs.
Details of imported imported fertilizer (FCO
Grade)/fertilizer raw material in bagged form
handled during last 7 years at any Indian port to
be furnished.
Copy of B/Es filed with Customs House for
imports along-with the statement to be enclosed,
duly self-attested.
Enclose Work Order Copies / Work Completion
certificate/Proof of having executed the job.
5. Financial Status and Soundness of the
Tenderer.
a) Average Annual financial turnover during the
financial years 2011-12, 2012-13, 2013-14, should be
at least Rs.4.30 Lakhs. Enclose Profit-Loss account
and Balance Sheet.
B) Solvency for a value of Rs. 5.74 Lakhs. Enclose
Bankers Solvency Certificate or credit ratings from
reputed institution such as CRISIL, ICRA etc., or
Financing/Credit limits from banks as on date etc.
(as per Annexure – G)
6. The Tenderer should have telephone, e-
mail and fax at their office.
Fax and telephone numbers installed in the
Tenderer’s office with documentary evidence to be
enclosed. Give e-mail address.
7. The Tenderer should have experienced
staff with thorough knowledge/
experience in customs / docks clearance
and other formalities.
List of officers and staff working with the
Tenderer, along with qualification and work
experience. The organizational structure also to be
furnished.
8. Proof of resource availability at JNPT.
The Tenderer shall furnish documents for the
following recourses :
Ownership documents and/or Support Letter from
any reputed Transport Agency stating that they
agree to supply sufficient trucks per day. Provide a
list of the Trucks.
3.0.0 Scope of Work: Customs Clearance, Forwarding, Handling, De-stuffing of
containers at Arsheya FTWZ, Panvel and Loading of Bagged cargo onto trucks,
Transportation by Trucks of bagged cargo from Arsheya FTWZ, Panvel to RCF, Chembur.
The Scope of Work shall include but not limited to the following:
Sr. No. Description
1. Customs Clearance and Forwarding, Processing of documentation till obtaining
Customs Out of Charge at Arsheya FTWZ, Panvel.
7
2. Destuffing of containers at Arsheya FTWZ, Panvel.
3. Loading of Bagged raw material cargo into Trucks.
4. Transportation to RCF Ltd., Chembur. The trucks to be duly covered with tarpaulins
ensuring that there are no infringement of Pollution Control Board Regulations.
No Trucks will be loaded beyond the GVW (Gross Vehicle Weight) of the vehicle.
All penalties levied by any authorities for overloading of Trucks beyond GVW will be to
the Contractor’s account. If cargo is unloaded by any authority outside RCF premises due
to overloading of Trucks beyond GVW of the vehicle, the cost of such cargo will be borne
by the Contractor.
4.0.0 Pricing and Mode of Quotation :
Tenderer’s quotation must conform in all respects to the applicable terms and conditions of
this invitation to tender. Tenderer must certify that his quotation complies with all enquiry
documents and specifications. Tenders not complying with NIT terms are liable to be
rejected.
Tenderers should quote rates on per metric Tonne basis or as specified in the Schedule of
Rates. The rates so quoted should be inclusive of all taxes and duties except Service Tax as
applicable and no claim for extras will be entertained. The Service tax as applicable should
be indicated separately against the respective items of the Schedule of Rates. The Tenderer
shall be responsible for the payment of the Service Tax to the concerned Government
authority.
Service Tax on transportation shall be paid directly by RCF to concerned Tax Authority.
Service Tax is applicable on transportation services obtained from a GTA (Goods Transport
Agency). In such case, the Service Tax will be on 25% under abatement benefit if GTA is not
availing credits on input or capital goods and furnish declaration accordingly.
The following declaration in respect of transportation is to be furnished by the Contractor:
a. We have not availed the credit on inputs or capital goods under the provision of the
Cenvat Credit Rules, 2004.
b. We have not availed the benefit under the Notification No. 12/2003- Service Tax
dated 20/06/2003.
Unless otherwise specified, it will be considered that Tenderer is rendering service as a
Goods Transport Agency (GTA) and will furnish the above mentioned declaration and their
bids will be evaluated accordingly for Service Tax on 25% of transportation cost under
abatement benefit.
The unit rate quoted and finalized in the tender will form the basis of payment to the
Contractor for the activities performed.
Mode of Quotation shall be strictly as per Annexure – B.
The evaluation of offers shall be on lowest tender basis and shall be based on quoted
rate on per metric tonne basis as specified in the mode of quotation as per Annexure -B.
The final stage shall be that of e-Reverse Auction and the contract shall be finalized
through e-Reverse Auction Process only.
8
5.0.0 Handling and Transit Loss: The Contractor should ensure that all precautions are taken in
destuffing the cargo from Containers and transporting the cargo in the same condition as
is loaded in the trucks at the Arsheya FTWZ, Panvel. Any net loss in weight beyond 0.3%
between disport/ Arsheya FTWZ, Panvel weight and RCF weight will have to be borne
by the Contractor.
6.0.0 Period of Contract: The Contract will be for a period of Three months from date of
LOI/WO. No escalation on any ground will be permissible during this contract period.
7.0.0 Payment Terms and Conditions:
RCF's payment term is payment within 30 days from the date of receipt of bills after receipt
and acceptance of material at site, provided bank guarantee towards Security Deposit /
performance guarantee is submitted. The Contractor will be paid for the work done under
this Contract as per the Schedule of Rates (SOR). Kindly note that all payments will be
made through ECS only
RCF may with-hold payment to such extent as may be applicable and necessary to protect
itself from loss on account of:
i) Shortage of material in transit.
ii) Failure of the Contractor to make timely payment for material or for labour.
iii) Damage to another Contractor or RCF property and probable filing of claims.
iv) For other reasons mentioned elsewhere in the NIT
v) Reasonable doubt that the Contract cannot be completed with balance Contract
value.
Liquidated Damages(LD) and not by way of penalty for delayed completion shall be
recoverable from vendor at the rate 1% per week or part thereof subject to maximum of
10% of the basic contract value. LD shall be applicable in all cases where clearance is not
done within 72 hrs of intimation from RCF and the transportation is not completed within
one week thereafter.
7.0.01 The Contractor will submit bills for the work done by him separately for each shipment on
completion of the job. The bill should be in triplicate and should be submitted duly
supported by required documents. Payment will be made within 30 days from the date of
satisfactory completion of the job provided the receipt of materials has been accounted for
by RCF based on receipt documents raised by Material Handling Dept. The Income Tax at
source shall be deduced at rates prevailing at the time of payment. However, 80% (Eighty
percent) payment will be immediately made against invoice based on the quantity
delivered at RCF from the day first truck is loaded in port till the 15th day duly certified
by Dy. General Manager (C). This payment will be through T&C Department. The balance
payment will be paid at the time of payment of final bill covering the entire shipment.
7.0.02 The payment for the customs clearance formalities will be made on the basis of Bill of
Lading weight.
7.0.03 The payment for Shipping Line Charges, CFS Charges and any other receipted charges
concerned to clearance of said cargo shall be paid at actuals against the documentary
proof. Payment for transportation & unloading will be made on the basis of weight
recorded at RCF Weigh-bridge or Arsheya FTWZ, Panvel weigh-bridge whichever is less.
8.0.01 The Contractor shall ensure that all payments are made to concerned authorities in time.
This shall include any payment to be made to the authorities for operations after office
working hours also.
The Contractor will first arrange to pay the Shipping line charges, such as Terminal
Handling Charges, Delivery Order Charges, Container Washing charges, Container
Handling Charges etc. CFS (Container Freight Station) charges such as Ground rent,
9
Survey Charges, Container Loading Charges, Empty Container Unloading Charges,
Container Detention Charges etc. All these charges will be reimbursed by RCF on
production of relevant documents (Cash receipts duly attested by concerned
department).
The Contractor will have to collect the documents from either RCF/or the supplier,
complete all customs formalities and clear the consignments and deliver the same to RCF
Site/Silo without any loss to RCF. Insurance survey/draft survey etc., wherever necessary,
will have to be arranged through our appointed Surveyor in time and claims lodged with
concerned authorities immediately by the Contractors protecting the interest of RCF fully
and also will follow it up, till it is settled.
If any bonds are required to be given to Customs or other authorities at the time of
clearance the same will be arranged by the Contractor. The Contractor will have to get
the bond cancelled within the time stipulated in the bond. Security Deposit will not be
released at the end of the contract unless all the bonds are cancelled and all claims are
settled.
8.0.02 The Contractor will ensure that the job of Customs Clearance till Unloading of the trucks
at RCF is completed expeditiously without incurrence of demurrage. Contractor is to
ensure that the transportation of trucks is to be completed within shortest possible time.
8.0.03 The Contractor will arrange to get the cargo loaded in trucks. The trucks should be leak-
proof covered by tarpaulins on all sides and top to avoid any loss/spillage on the road.
They should also ensure that there is no infringement of Pollution Control Board
regulations. If any contravention is noticed and / or penalized by any statutory authority
on this account the same shall be recovered from the Contractor.
8.0.04 The Contractor will arrange to get all trucks loaded with cargo, weighed on nearest
available Road Weigh Bridge at Arsheya FTWZ, Panvel, to obtain necessary weigh-ment
certificate. The Contractor will also arrange to get the trucks weighed at the road
weighbridge of RCF and obtain weigh-ment certificate.
8.0.05 The Contractor will arrange to transport the cargo to the RCF's factory at Chembur,
Mumbai - 400 074, in trucks.
8.0.06 When the cargo is transported by road, the Contractor will arrange to unload dump or
stack the material at the points and in the manner prescribed by RCF.
8.0.07 The Contractor shall co-ordinate with the Charterers/Owners agents, Shipping Lines,
Container Freight Stations for inward entry of the ship / containers. The Contractor shall
also co-ordinate with all agencies such as Port authorities, vessel agent etc. and ensure
expeditious clearance of the containers from Arsheya FTWZ, Panvel.
8.0.08 Notice of arrival of the cargo: The Contractor will keep in close touch with RCF and
RCF's Protective/Charterers agent about the arrival of the cargo covered by this contract
and immediately on receipt of relevant documents will take such steps as necessary to
clear the consignment with least possible delay and without incurring demurrage. They
should also keep RCF surveyors posted about movement of containers so as to enable
them to collect samples and conduct survey.
8.0.09 The Contractor at RCF’s request will also arrange to collect everyday from the office of
the Chief Manager (Materials) or his authorized representative all letters and
communications containing instructions for clearance and transport of materials and
other correspondence connected with the Contract. However to avoid delays, the
instructions shall be faxed/e- mailed.
10
8.0.10 The Contractor will arrange to send to the Chief Manager (Materials) everyday a copy of
the report showing the daily despatch of material from Arsheya FTWZ, Panvel specifying
the number of containers / trucks and quantity.
In addition to the supervisors, the Contractor shall also provide labours for collection of
spillages/sweepings from the internal roads, area surrounding the unloading points and
from other locations where there is likelihood of spillages from the trucks carrying the raw
material. The collection of sweepings shall be done on day to day basis from the time of
arrival of material from a vessel till the completion of the vessel and dispatches. The
material thus collected shall be put in the respective Silos.
9.0.0 Nature of Work:
9.0.01 The Contractor will have to start the work immediately on receipt of the instructions from
the Chief Manager (Materials) .He will be responsible for submission of necessary
documents to Customs Authorities and finalization of all Customs and Port Trust
formalities within the prescribed time limits declared by these authorities or in the rules
and regulations issued by them or by the Chief Manager (Materials), so as to have the
consignments cleared immediately on landing and within the free period allowed by the
concerned authorities. It will also be binding on the Contractor to be in liaison with
Shipping Cos. and their Agents.
9.0.02 The Contractor will have to arrange for complete clearance and despatch of cargoes and
also finalize all Customs and Port Trust formalities in respect thereto within three months
after expiry of the contract. The Contractor will on behalf of RCF have to prefer promptly
and within the prescribed time limit against the authorities concerned all refund claims
with the Customs, Port Trust, Shipping Companies and pursue the same till they are
settled for which no extra remuneration will be paid to them. The Contractor will have to
lodge the claims on their own without waiting for instructions from RCF. The Contractor
must ensure that such claims are lodged immediately on knowing the cause for such
claims. On settlement of such claims if the settlement is reached within 2 months of
lodging, the Contractor will be given by way of incentive 5% (five percent) of the amount
for which the claim is settled. In the event of the RCF's claim being rejected by
Customs/MBPT/Underwriters due to failure on the part of the Contractor to strictly
adhere to the instructions contained herein-above, the full amount of claims will be
debited to his account without making any reference to him. Adjustment of provisional
deposit with the Port Trust also has to be finalized within three months from the date of
clearance of goods. Security Deposit will not be released unless claims are settled. If any
claim is on account of clearing agent fault, Security Deposit will be apportioned to such
extent.
9.0.03 Clearance instructions will be issued by the Chief Manager (Materials) giving particulars
of the cargoes to be cleared, name of the ship and place of delivery or despatch along with
relevant shipping documents wherever available. It shall be the responsibility of the
Contractor to send to the concerned officer of RCF, his representative daily to receive
instructions and collect documents furnishing acknowledgement there for and it shall be
clearly understood that instructions given and documents delivered to the representative
shall be taken as if they have been given or delivered to Contractor himself.
9.0.04 The relevant documents will normally be delivered by RCF to the Contractor in advance
before arrival of the cargo carrying ships. It shall be the Contractor's responsibility to
complete all formalities and have the consignments cleared from the Customs and after
paying the Customs duty if any and Arsheya FTWZ, Panvel charges correctly assessed
and paid in time, avoiding incurrence of demurrage. In case demurrage is incurred due to
11
any reason whatsoever, the Contractor shall be held responsible for the same unless he
promptly within 15 days of the incurrence of demurrage in each case explains the
circumstances and reasons in which incurrence of the demurrage was unavoidable and
RCF is satisfied that the Contractor cannot be held responsible for the same.
9.0.05 As soon as authority is given to the Contractor, he will have to take steps necessary to
complete the handling and clearance work and all allied responsibility thereto and
produce the required documents, certificates, papers or survey reports etc., which will
enable RCF to obtain compensation from the carriers, Port Trust Authorities, Customs,
Steamer Agents or Insurance Companies or other bodies within time limit prescribed
under law or Customs and also to lodge claims with these bodies at the proper and within
the prescribed time. On receipt of the instructions, the Contractor shall immediately
prepare the necessary papers and documents for presenting to the Customs, Steamer
Agents, Port Authorities or other authorities concerned and arrange to obtain delivery of
the cargo on behalf of RCF. If the particulars relating to the cargoes furnished in the
instructions are not sufficient, he will take steps that are necessary for obtaining the
required particulars from the authorities or bodies concerned. If the documents received
are not sufficient, he will arrange to execute Indemnity Bond or Bonds or other documents
necessary for immediate clearance. In all case, the Contractor will have to take adequate
and prompt steps for obtaining delivery of the cargoes from the Port Trust or Customs
Authorities at the earliest possible and within the free time allowed.
9.0.06 Where reports are required for lodging claims and obtaining compensation from parties
responsible for the damage, loss, due care will have to be exercised by the Contractor to
ensure that the reports are complete and correct in all respects and they cannot be
disputed by the party responsible at a later stage on some pretext or the other. The
Contractor should be well conversant with the relevant and latest provisions of The Indian
Carriage of Goods by Sea Act 1925, the Mumbai Port Trust Act/Customs Act and other
Acts/ Notification/ Rules/Procedures etc., applicable for effecting clearance and other rules
and regulations of customs and takes such steps to ensure that the interest of the company
is protected in all respects in the clearance of its cargoes. The Contractor shall be required
to perform all the duties, which he is bound to do under The Customs Act, 1878 as
amended from time to time.
10.0.0 Trucks detention: No detention charges for trucks either at Arsheya FTWZ, Panvel.
CFS/Port/ docks/godowns or at RCF factory shall be allowed under any circumstances.
11.0.0 Responsibilities of the Contractor for Loss, Damages etc., in transit:
11.0.01 The Contractor will take all steps to prevent loss and deterioration of the material cleared
and transported by him on behalf of RCF. The trucks carrying raw material should be
leakproof and must be provided with tarpaulins both at the bottom of the trucks and on
top of the material to prevent wind loss, damage and leakage in transit.
For the trucks carrying above bulk raw materials, not covered by tarpaulins as aforesaid
or found causing leakage and spillage enroute a penalty towards loss of material or
penalty imposed by any authority will be imposed / recovered by RCF. All losses
incurred for failure of Contractor to comply with these instructions will be debited to the
Contractor at double the value of the cost of material lost from the particular dumper.
The Contractor must also ensure that any spillage of raw material brought by them, lying
on the road within the RCF's premises is removed forthwith, failing which RCF will get
the job done at the cost of Contractor.
12
11.0.02 Shortage in weight of raw materials: Net loss tolerance after considering transit
loss/change in moisture content only upto 0.3% (Zero point three percent) will be allowed
in respect of transportation of bulk raw material from Arsheya FTWZ, Panvel to RCF's
factory at Chembur provided the concerned Officer of RCF is satisfied that such shortage
is genuine and that all adequate precautions have been taken including putting tarpaulins
at the bottom of the trucks and also on top of the material to avoid spillage. Special
preventive measures are to be taken by the Contractor to ensure that all rules and
regulations of Maharashtra Pollution Control Board are strictly adhered and will
indemnify RCF against all costs, charges, damages and any consequential penalties/levies
that may be imposed by any statutory/ Government and/or any authorities. The
Contractor shall keep RCF free of any litigation in such matters.
11.0.03 In case of discrepancy in Bill of Lading Weight/Draft Survey Weight and actual unloaded
weight (Arsheya FTWZ, Panvel), it shall be the responsibility of the Contractor to bring
this fact to the notice of all concerned like (a) Owner's Agents, (b) Charterer's Agent, (c)
RCF (d) Customs (e) MBPT etc., and lodge claims if necessary and follow them till
settlement. This should be strictly followed to avoid any Show Cause Memo from
Customs Authorities on account of shortage than manifested quantity.
12.0.0 Responsibility of the Contractor in regard to loss, damage, short landing etc.: The
Contractor shall take all steps to prevent loss, damage to the goods received by him on
behalf of RCF for handling and dispatching during the period these goods are in his
charge. The Contractor shall lodge formal and Monetary claims for loss or damage to the
goods not delivered etc., on the Steamer Agents/MBPT under advice to the Company.
13.0.0 Finalization of Bills of Entry: The Contractor shall be fully responsible for the finalization
of the Bills of Entry from the time they are filed with Customs and within time so as to
avoid demurrage .Any hold up for want of documents etc., should be promptly brought to
the notice of the Chief Manager (Materials) or any Officer acting on his behalf in writing.
14.0.0 Penalty for not submitting Bills of Entry and other documents in time: After completing
clearance of all imported consignments, the Contractor will have to submit to RCF all the
Customs attested documents, Bills of Entry, Arsheya FTWZ, Panvel weighment certificate,
Octroi paid form and other documents within a weeks time. In case of delay in submitting
all documents, a penalty of Rs.100/- per document will be charged for every day of delay.
The decision of the Chief Manager (Materials) in this regard will be final.
15.0.0 Penalty for delay in canceling Bonds: In case of imported consignments where any bond
(PD Bond, End Use Bond, ITC Bond or any other Bond) is executed with Customs, the
Contractor shall get the Bond cancelled, within two months from the date of receipt of
documents by him, failing which the Contractor will be held responsible for all legal
consequences.
16.0.0 Failure to strictly comply with the procedures laid down in the contract will certainly result
in delays in payment of the Bills for which the company will not be in any way
responsible.
17.0.00 Liabilities of the Contractor regarding loss, damage etc.:
17.0.01 If and when any expenses such as demurrage, wharfage, etc., are incurred on account of
the negligence of the Contractor or his failure to exercise diligence and or to comply with
13
the provisions of the relevant rules/regulations etc., the Chief Manager (Materials) can
after giving the Contractor an opportunity to explain, at his discretion, require the
Contractor to reimburse the Company the whole or any part of such expenses. The
decision of the Chief Manager (Materials) in the matter will be final and legally binding in
such cases wherein the losses, the amount of which per consignment does not exceed
Rs.20,000/- the decision of the Chief Manager (Materials) will be final. However, in cases
of losses over Rs.20, 000/- the procedure prescribed in Arbitration will apply. Here the
attention is invited to Arbitration Clause given in Para-34, provisions whereof will be
applicable.
17.0.02 The Contractor will be responsible for all losses or damages due to his negligence or that
of his servants from time he receives the shipment and during the period it is held by him
till the time, the cargo is delivered to the destinations. In such, case, the Chief Manager
(Materials) may, after giving the Contractor a chance to give explanation, make the
Contractor to bear the loss at single value of the cost of material.
18.0.00 Demurrage:
The Contractor will be required to render all the services expected of clearing Agents and
to ensure that no demurrage is incurred at CFS or container detention charges, carrying
the cargo. Such demurrage charges, if any , would be debitable to him. The Contractor will
also perform such auxiliary and incidental services and operations as will be required for
the proper execution of the Contract or as directed by Chief Materials Manager from time
to time. If the cargo is not cleared within free time due to non-availability of trucks any
demurrage and/or dwell time charges incurred will be recovered from the Contractor
The Contractor will ensure that all Customs /Port Trust / Shipping Lines / CFS procedures
for clearance of cargo from docks are complied well in advance to avoid the incurrence of
demurrage.
19.0.00 Working Hours: The Contractor shall be responsible for performing all or any of the
services detailed in and arising out of the Contract also at night when such operations are
necessitated to be carried out in order to have the consignments cleared in full within the
free period allowed by the Arsheya FTWZ, Panvel or to save extra demurrage on partly
cleared consignments.
20.0.0. Correspondence: All correspondence in respect of this invitation to tender should be made
in English quoting tender invitation reference number appearing on the front page.
Correspondence should be addressed in duplicate to:
Chief Manager (Materials), T&C,
Rashtriya Chemicals & Fertilizers Limited,
Administrative Building, (Ground Floor), Room No.20
Chembur, MUMBAI - 400 074.
Fax No. 25522320/25522231.
e mail :[email protected]; [email protected]; [email protected]
21.0.0 Splitting/Parallel Contract: Rashtriya Chemicals & Fertilizers Limited, reserves the right to
split the Tender in parts and award the Contract in full or in parts simultaneously or at
any time during the period of the contract with one or more Contractor as deemed fit.
14
22.0.0 Quantity of Work: RCF shall not guarantee any definite quantity of work to be allocated
to the Contractor at any time through out the period of the Contract. Payment will be
made based on the quantity actually handled.
23.0.0 Import Operations: The import operations will include the whole process of handling and
clearing containers from Arsheya FTWZ, Panvel, putting it on road, trucks, freighters or
any other means of transport until finally delivered at destination.
24.0.01 The labourers/trucks / trailers drivers and cleaners of the Contractors are prohibited to
have bathing and washing of clothes and vehicles or trucks inside the factory premises.
Any labourers found doing this will be immediately taken out of factory premises after
depositing the token with the gatekeeper and will not be allowed to enter the factory at
any time.
24.0.02 Overtaking, rash and negligent driving inside the factory is strictly prohibited. The
Contractor shall ensure that speed special regulations for driving inside the factory are
observed. The drivers/cleaners/workmen of the Contractors must not enter the factory
premises in drunken condition for which suitable action will be taken as deemed fit.
Contractor should park his vehicles/trucks outside the gate to enter the factory. Unless the
security guard on duty allows the vehicles/trucks to enter, the vehicles/trucks should not
be brought at the gate.
24.0.03 The Contractor will ensure that no underage person/child labour is employed by him or his
sub-contractor either inside or outside to perform RCF's contract. In case of any penalty
levied by a statutory body for employment of such labour, the same will be recovered
from the respective Contractor and paid to the concerned Agency and such Contractor
will be debarred from participating in future Tender in addition to liable for termination
of existing Contract.
24.0.04 In case of any accident within RCF premises compensation payable to his employee/victim
is the responsibility of the concerned Contractor.
24.0.05 The Contractor has to make the payment of the Mathadis directly with the Mathadi Board.
The Contractors have to sort out all the issues relating to the payment, wage rate, labour
problems and service conditions etc., and have to abide by all labour laws and the
provisions of the Mathadi Act.
25.0.00 Canteen facilities for Contractor's workmen: Contractor's workmen may avail canteen
facilities from our authorized canteen Contractors for Contractor's workmen against
payment. The canteen is situated inside the factory premises.
26.0.00 Tenders, which do not fulfill all or any of the above conditions or are incomplete in any
respect, are liable to be rejected summarily.
27.0.00 The General Terms & Conditions (GTC) is attached herewith and shall form part of this
NIT.
15
RASHTRIYA CHEMICALS & FERTILIZERS LIMITED
(A GOVERNMENT OF INDIA UNDERTAKING)
TROMBAY UNIT
MATERIALS DEPARTMENT
GENERAL TERMS & CONDITIONS (GTC) OF NIT FOR Customs Clearance, Forwarding,
Handling, De-stuffing of containers at CFS, Loading of Bagged cargo in to trucks, Transportation
of Trucks of Bagged Cargo from Nhava Shava Port / CFS to RCF, Chembur.
1.0.00 Definitions:
1.0.01 The term ‘CONTRACT’ shall mean and include the NOTICE INVITING TENDER (NIT)
the instructions to tenderer, the tender, Letter of Intent accepting the tender in part or full.,
special and general terms and conditions, directions and comments conveyed in writing,
the Work Order, and its subsequent variations if any, or any other authorized contract
documents, and those general and special conditions that may be added subsequently or
such other documents, specifications as may be prescribed.
1.0.02 The term ‘CONTRACTOR’ shall mean the person(s) firm, or company with whom the
Contract has been entered into and shall be deemed to include their representatives, heirs,
executors and administrators, successors, and permitted assignees of such person(s), firm,
or company.
1.0.03 The term ‘RCF’ shall mean Rashtriya Chemicals and Fertilizers Ltd having its Registered
Office at ‘Priyadarshini’, Eastern Express Highway, Sion, Mumbai - 400 022 and shall
include the administrative and executive officers authorized to deal with all matters
relating to the Contract and shall be deemed to include their successors and/or assignees.
1.0.04 The term ‘TENDERER’ shall mean the person(s), firm, or company who offer(s) a tender or
quotation duly signed in response to the invitation to tender issued by ‘RCF’ and shall be
deemed to include their representatives, heirs, executors and administrators, successors
and permitted assignees of such person(s), firm, or company.
1.0.05 The term ‘RAW MATERIALS’ shall mean Rock Phosphate, Sulphur, Muriate of Potash
(MOP), Mono-Ammonium Phosphate (MAP)/ Di-Ammonium Phosphate (DAP) imported
by RCF in bulk.
2.0.00 Instructions for submission of Tenders:
2.0.01 The tender shall be made out in English language. All other information will also be
supplied by the tenderer in English language. All amounts shall be indicated by tenderer
both in words as well as in figures, where there is difference between prices quoted in
figures and words, corresponding amount quoted in words shall prevail.
Tenders should be free from overwriting. All corrections should be duly attested by the
tenderer. Tenders should be signed by tenderers manually in long hand by persons who
are legally authorized to sign on behalf of the firm or company tendering and in case of
firm/company tender should bear its seal or stamp. The legal instrument of authority
either in original or a certified copy thereof empowering the person signing the tender
16
should accompany the tender. No oral, telephonic or telegraphic tenders or modifications
in the tenders shall be considered under any circumstances.
All tenderers are requested to submit their tenders STRICTLY as per the instructions given
below. Tenders should either be submitted personally in Room No. 20 at the office of
Manager (Materials), Administrative Building (Ground Floor), Rashtriya Chemicals &
Fertilizers Ltd., Trombay Unit, Chembur, Mumbai - 400 074 or sent by Registered post to
the same address so as to reach well in advance of the closing date and time. The
envelopes containing the tender should be superscribed with the Tender No. and date of
opening. The tenderers in their own interest are advised to notify the Manager (Materials)
by Fax, Date & Place of despatch of tenders. TENDERS RECEIVED AFTER CLOSING
DATE ARE LIABLE TO BE REJECTED.
2.0.02 Submission of tenders: Tenders are to be submitted in duplicate and should be type
written. Tenders are to be submitted in two separate sealed covers as follows.
i) EMD & Unpriced commercial part of tender (Part-I): The first sealed envelope should
contain Earnest Money Deposit and copies of unpriced Commercial part of tender. The
cover should be clearly marked 'Unpriced commercial part of tender' (Part-I).
ii) Commercial part of tender with price (Part-II): The second sealed envelope should contain
Schedule of Rates (Part-II) in the prescribed form as per Annexure-B enclosed with NIT
and in the units shown therein duly filled in and signed with price details. The rates
quoted in General Terms will not be accepted. The cover should be clearly marked with
"Part II of the tender - Price bid".
Also refer ANNEXURE -I ( Procedure for Award of Service Contract through e-Reverse Auction).
2.0.03 Both the envelopes should be put into an outer Envelope duly sealed. All these envelopes
should be properly superscribed with the Tender No. and due date and brief description
and the name of the Tenderer for proper identification.
3.0.00 Clarifications:
3.0.01 In case clarifications are required on invitation to tender, the tenderer shall approach RCF
in writing well before the opening of the tender, and RCF will provide the information
required in writing. However, failure to receive any addendum or clarification shall not
relieve the tenderer of any of the obligations stipulated in the invitation to tender.
3.0.02 The Invitation to tender with Annexures and all Attachments will be considered to have
been read, understood and accepted by the tenderers unless otherwise specifically stated
by them in writing well before the scheduled opening of the commercial part of the
tender.
The terms and conditions as embodied in the Contract shall be final and no changes shall
be allowed there from unless mutually agreed.
3.0.03 Before submitting the tenders, the tenderer should satisfy himself of all existing conditions,
limitations and official regulation at the site of the work and enroute and the laws
governing the Contract. No claim whatsoever shall be entertained on the grounds of
ignorance of site conditions and/or conditions prevailing in the surrounding areas.
4.0.00 Accompaniments: All tenders must be complete in all respect and should conform to all
requirements set forth in the enquiry, Annexure and Attachments. The contents of the
Tender invitation, Annexures and the Attachments will be considered to have been read,
understood and accepted by all the Tenderers.
17
5.0.00 Tender opening:
5.0.01 Tenders will be opened in two stages, hence both Part I & Part II should be in two separate
sealed envelopes duly superscribed with our Tender number, due date and indicating Part-I
and Part-II as under:
Part – I- Unpriced Commercial part of the tender, and shall include all documents listed in
NIT.
Part – II- Commercial part of the tender with Schedule of Rates (Price bid)
5.0.02 The Unpriced Commercial part of Tender (Part-I) will be opened in the presence of
tenderer's representative who choose to remain present.
5.0.03 The commercial part of tender (Part - II Price Bid) with Schedule of rates shall be opened
after the following:
1. The tenderer has fulfilled the Prequalification criteria.
2. The tenderer’s unpriced commercial bid is fully compliant with the NIT requirements
and found acceptable.
3. All the clarifications have been received and accepted by RCF.
Note: The date of price bid opening (Part-II) will be intimated separately.
5.0.04 The Price bid opening shall be followed by the process of e-Reverse Auction for
finalization of the placement of Work Order.
6.0.00 Earnest Money Deposit:
Earnest Money Deposit should be furnished as per Clause No. 2.0.04, Sr. No. 1.
Tenders received without Earnest Money Deposit or with the Earnest Money Deposit in a
manner other than what is mentioned above will not be accepted.
Govt. of India Undertaking and small-scale industries registered under single point
registration with national small-scale Industries Corporation are exempted from the
payment of Earnest Money Deposit.
Forfeiture of Earnest Money Deposit: If for any reason whatsoever any tenderer
withdraws his tender at any time prior to expiry of the validity period or after issue of the
Letter of Intent, Work Order, fails or refuses to execute the order or to furnish the Security
Deposit for faithful performance of the Contract within the stipulated time the amount of
Earnest Money Deposit is liable to be forfeited.
Refund of Earnest Money: Earnest Money Deposit will not carry any interest. Earnest
Money Deposited by the unsuccessful tenderers will be refunded as soon as possible.
Earnest Money Deposit of successful tenderers will be refunded after the successful
tenderer furnishes the required Security Deposit.
7.0.00 Validity of Tenders: All tenders should be kept valid for acceptance for 60 days from the
tender closing date. Tenders of lesser validity period may not be considered. No Tenderer
can withdraw his tender or revoke the same within the validity period. If the Tenderer
withdraws / revokes / revises the tender rate his Earnest Money Deposit shall stand
forfeited.
18
8.0.00 Security Deposit: The Security Deposit for faithful performance of the contract has to be
furnished by every successful tenderer. No exemption will be made. The scale of Security
Deposit to be furnished is as under:
10.00% of the Order Value.
The contractor will have to furnish Security Deposit within one month of award of the
contract as specified in the tender in the form of either a Demand Draft in favour of
Rashtriya Chemicals & Fertilizers Ltd. payable at Mumbai, or by means of Bank Guarantee
as per RCF's proforma (attached as Annexure-C), from any Nationalised/Scheduled Bank.
The Security Deposit shall be furnished to RCF, for a suitable period as prescribed by RCF
in the tender. The Bank Guarantee should be forwarded by the Contractor's Banker's
directly to RCF with the covering letter of the bank.
8.0.01 In the event of any breach of any of the terms and conditions of the Contract or the
Contractor neglects, delays or failure to perform the Contract, RCF shall have the right to
forfeit the security deposit. The security deposit shall not bear any interest
8.0.02 The Security Deposit shall remain at the disposal of RCF as a Security for the satisfactory
execution and completion of the work in accordance with the condition of the contract.
RCF shall be at liberty to deduct and appropriate from the security deposit, such losses,
damages, penalties and dues as may be payable by the Contractor under this contract and
the amount by which the security deposit is reduced by such appropriation will be made
good by the Contractor immediately, failing which the Contract is liable for termination in
addition to forfeiture of Security Deposit.
8.0.03 On due satisfactory performance and completion of the Contract in all respects and
certified by Manager (Materials), the Security Deposit will be returned to the Contractor
without any interest. The payment of Security Deposit by RCF absolves all and any
liabilities and in full and final settlement of the Contract and no further claims shall be
entertained by RCF.
9.0.00 Execution of Agreement: The Contractor shall execute an agreement (as per our format
enclosed at Annexure-II) with the Rashtriya Chemicals & Fertilizers Limited, Trombay
Unit, within 15 days from issue of Work Order on a Non Judicial Stamp Paper, to be
provided by them, of the value of Rs.200/-.
Pending execution of the agreement, the tender documents, letters of acceptance and other
relevant letters and communications between the Contractor and the Rashtriya Chemicals
& Fertilizers Limited, shall constitute a binding Contract.
10.0.00 Assignment or sub-letting of Contract: The Contractor shall not assign or sublet the
contract or any part thereof or allow any person interested therein in any manner
whatsoever without the previous consent in writing of RCF, which consent RCF shall be
entitled to withhold without assigning any reason or ground. Any breach of this condition
shall entitle RCF to take such steps as may be necessary and also terminate the Contract
and also rendering the Contractor liable for payment to RCF in respect of any loss or
damage arising or ensuing from such cancellation. The permitted subletting of work by the
Contractor shall not establish any contractual relationship between the sub-contractor and
RCF, and RCF shall not release the Contractor of any responsibility under the Contract. In
the event of sufficient dues not being available to reimburse RCF for the expenditure
incurred by it for the above, the Contractor shall reimburse RCF for the same.
19
11.0.00 Sub-Contract: Written consent of RCF should be obtained before the work is sub
contracted, in case the Contractor intends to employ Sub Contractor's. Sub contracting
shall not imply any limitation of Contractor's liability to fulfill the Contract. Should the
Sub Contractor, in the opinion of RCF appear to be unfit to carry out his part of the
Contract or the progress of the Sub Contractor’s work is such that the planned time of
completion within the terms of the order is jeopardized, RCF shall have the right to
instruct the Contractor in writing to terminate the Sub Contract without notice or a short
notice. This shall not give rise to any claim from Sub Contractor or relieve the Contractor
from any of his contractual obligations and responsibilities. The tenderer must furnish
the list of sub contractors whose services they intend to use along with the specific
function that they shall perform.
12.0.00 Insolvency or inability to perform Contract satisfactorily: Should the Contractor's
preparation for the commencement of the work or any portion of it or his subsequent rate
of progress be for any cause, whatever, so slow in the opinion of RCF (which shall be
conclusive) that the Contractor will be unable to complete the work or any portion thereof,
as agreed upon or should not have the work ready for delivery in conformity with the
contract or should neglect to comply with any directions given to him by RCF, or in any
respect fail to perform the Contract, RCF shall have power to declare the contract to an end,
in which case the Contractor shall be liable for any expenses, loss or damage which RCF
may incur, or sustain by reasons or, in connection with Contractor's default.
13.0.00 Termination/Alternative Handling of Contract: If the Contractor is unable or fails or
neglects to execute the works covered by the Contract, RCF reserves right to terminate the
contract in part or in full after giving a seven days notice in writing to the Contractor if in
the opinion of RCF the work under the Contract is not being done to his satisfaction in
accordance with the terms and conditions of the contract. The Contract shall be liable to be
terminated by RCF for any act of commission or omission on the part of Contractor or his
employees.
RCF also reserves right to get the job done by a third party in part or full at the risk and
cost of the Contractor. The Rashtriya Chemicals & Fertilizers Limited reserves the right of
appointing any other Contractor for services referred to in the contract to meet an
emergency or to get the work done departmentally if the Manager (Materials) or his
authorized representative of RCF (whose decision shall be final) is satisfied that the
Contractor is not in a position to render all the specific services during emergency period
when any such services are required
14.0.00 Compensation for submission of tender: Tenderers shall not be entitled to claim any costs,
charges, expenses or incidentals for or in connection with the preparation and submission of
their tenders even though Rashtriya Chemicals & Fertilizers may elect to withdraw the
invitation to tender or reject all tenders.
15.0.00 Right of Acceptance and Rejection of Tender: RCF reserves the right to accept at their sole
and unfettered discretion any tender for whole or part quantities or to reject any or all
tenders without assigning any reason thereof. No claim for compensation etc., whatsoever
will be entertained by RCF.
16.0.00 Past performance of the Contractors: The Contractors whose past performance have been
found not satisfactory, in the opinion of RCF, then, RCF reserves the right to refuse the
tender documents, or reject the tender while opening or evaluating the Tenders. The
decision of RCF regarding performance evaluations shall be final.
20
17.0.00 Period for the completion of the Contract: Time is the essence of the Contract. The
Contract should be completed as per the time schedule given in the Contract.
Notwithstanding the above, in case the progress in execution of the Contract at various
stages is not as per the time schedule or is not satisfactory in the opinion of the RCF which
shall be conclusive or if the Contractor neglects to execute the Contract with due diligence
and expedition or shall contravene the provisions of the Contract, RCF may give notice of
the same in writing to the Contractor calling upon him to make good the failure, neglect or
contravention. Should the Contractor fail to comply with such notice within the period
considered reasonable by RCF and specified in such notice RCF shall have the option and
be at liberty to take the Contract, wholly or in part, out of the Contractor and make
alternative arrangements to obtain the requirements and completion of the Contract at the
Contractor's risk and cost and recover from the Contractor all extra cost incurred and
liquidated damages by the RCF on this account. In such an event RCF shall not be
responsible for any loss that the Contractor may incur and Contractor shall not be entitled
to any compensation. RCF in addition shall have the right to forfeit security/performance
deposit in full or part.
18.0.00 In every case in which by virtue of the provisions of Section 12, subsection (1) of the
Workmen's Compensation Act 1923 or any other law for the time being in force, RCF is
obliged to pay compensation to a Workmen employed by the Contractor in execution of the
works, RCF will recover from the Contractor the amount of compensation so paid and
without prejudice to the rights of RCF, under Section-12, sub-section (2) of the said act or
any other law for the time being in force. RCF, shall be at liberty to recover such amount or
any part thereof by deducting it from the Security Deposit or from any sum due by RCF,
shall not be borne to entertain any claim made against it under Section-12, sub-section (2)
of the said act or any other law for the time being in force except on the written request of
the Contractor and upon his giving RCF full security for all costs for which RCF might
become liable in consequence of entrusting claims.
The Contractor shall be responsible to secure compliance with all Central and State Laws as
well as the rules, regulations, bye-laws and orders of the local authorities and statutory
bodies as may be in force from time to time. The Contractor shall give to the statutory
bodies, local authorities, notices etc., as may be required by law and obtain all requisite
licenses and pay all fees, taxes etc., in connection thereof as may be leviable on account of
his operations involved under this contract. The Contractor shall make good at his own
cost any damage to the property of RCF or any other body, persons, local authorities, etc.,
due to or arising from his operations involved under this contract. RCF shall have the right
to recover the cost of damage from dues payable or security deposit of the contract.
RCF shall have lien on and over all or any money that may become due and payable to the
Contractor under these presents, and/or also on and over the deposit or security amount or
amount made under the Contract and which may become payable to the Contractor under
the conditions in that behalf herein contained for or in respect of any debt or sum that may
become payable to RCF by the Contractor either alone or jointly with another or others and
either under this or under any other Contract or transaction of any nature whatsoever
between RCF and the Contractor. And further that RCF shall at all times be entitled to
deduct the said debt or sum due by the Contractor from the moneys, securities or deposit
which may become payable to the Contractor under these presents.
19.0.00 Settlement of disputes:
21
19.0.01 Arbitration: In the event of any question, dispute or difference arising, under the Contract,
the same shall be referred to the sole arbitration of a person appointed to be the Arbitrator
by CMD, RCF. There will be no objection that the Arbitrator is in service of RCF or that he
had to deal with the matters to which the Contract relates or that in the course of his duties
as an employee of RCF he had expressed views on all or any of the matters in dispute or
difference. The Arbitrator shall give a reasoned or speaking award. The award of the
Arbitrator shall be final and binding on the parties to the contract. In the event of death of
the Arbitrator, neglecting or refusing to act or resigning or being unable to act for any
reason, it shall be lawful for the CMD, RCF to appoint another Arbitrator in place of
outgoing Arbitrator in the manner aforesaid. The venue of arbitration shall be Mumbai
and the proceedings shall be under the Arbitration and Conciliation Act 1996 or any
amendments or modifications there under.
20.0.00 Jurisdiction of Court: The Contract shall be deemed to have been entered into at Mumbai
and all causes of action in relation to the Contract will thus be deemed to have been arisen
only within the jurisdiction of the Mumbai Courts.
21.0.00 Secrecy: Any information derived or otherwise communicated to the Contractor in
connection with the Contract shall be regarded as secret and confidential and shall not
without the written consent of the RCF be published or disclosed to any third party or
made use of by the Contractor except for the purpose of implementing the Contract.
22.0.00 Law governing the Contract: This Contract shall be governed by the laws of Union of
India.
23.0.00 Force-Majeure: Neither the Contractor nor RCF shall be considered in default in the
performance of their obligations as per the Contract, so long as such performance is
prevented or delayed for reasons, such as Acts of God, severe earthquake, typhoon or
cyclone (except monsoon) floods, lightening, land-slide, fire or explosion, plague or
epidemic, strikes lockouts accepted by Port Authorities, sabotage, blockages, war, riots,
invasion, act of foreign enemies, hostilities (whether war be declared or not) civil war,
rebellion, revolution, insurrection or military usurped power or confiscation or trade
embargoes or destruction or requisition by order of any Government or any public
authority. The proof of existence of force majeure shall be provided by the party claiming
it to the satisfaction of the other.
Contractor/RCF shall notify each other about the occurrence of the force majeure events
and provide RCF with the details of the arising and ceasing of the impediment. At the end
of the impediment Contractor shall provide justificatory documentation countersigned by
the Local Chamber of Commerce.
Should one or both the parties be prevented fulfillment of the contractual obligations by a
state of force majeure lasting continuously for a period of six weeks the two parties shall
consult each other regarding the future implementation of the Contract. The mere
shortage of labour, materials or utilities shall not constitute force majeure unless caused by
circumstances, which are themselves, force majeure.
Contractor shall endeavor to prevent, over come or remove the causes of force-majeure.
No ground for exemption can be invoked if the Contractor failed to give timely notice by a
registered Letter and subsequently supported by documentary evidence.
22
Annexure - A
STATUS OF THE TENDERER
1) Name of the Firm:
2) Year of Establishment:
3) Office Address:
4) Godown Address:
5) Telephone Nos. Office Godown
6) Fax Nos. Office Godown
7) Name of the person to contact: Office Godown
8) Status of the Firm e.g. whether a Company registered under Companies Act 1956 or a
Partnership Firm or Proprietary Concern:
(enclose Memorandum and Articles of Association / Partnership deed / Proprietorship)
9) Names of the Chairman/M.D./Directors (in case of Companies) or names of the
Partners (in case of partnership firm) or name of the proprietor (in case of proprietary
Concern):
10) Whether SSI Registered under NSIC (NSIC Certificate to be furnished)
11) Income Tax Account No., PAN No. (enclose copies of Income tax returns filed for last
three assessment years.)
12) C.H.A. Licence No. Date of Registration Valid upto
(Enclose attested copy of valid CHA Licence Certificate.)
a) Copy of registration with FTWZ, Panvel.
13) Name of the Bankers:
(Enclose Bankers Certificate about Solvency Status in Bankers Sealed Cover.)
14) Name and designation of the relative(s), if any, of Partner/Director/Tenderer serving in
RCF and their relationship : Name_________ : Relationship_______
15) Name of the Management Staff:
i ) Chief Executive
16) Personnel - Total No. employed:
I) Executive
II) Dock Clerks
III) Other Staff
Details of Office Premises at MBPT/JNPT/FTWZ
Details of Organizational structure at MBPT/JNPT/FTWZ
17) List of major Customers during last three years:
List of major Customers presently working for:
18) Balance Sheet and Income Statement of the Company for the last 3 years:
(duly certified by a Chartered Accountant Firm).
19) Description of experience (attach separate sheet if required :)
20) Details of Rock Phosphate, Sulphur, MOP, MAP/DAP or any other imported dry bulk
material handled at MBPT during last seven years.
SIGNATURE
DATE: NAME & DESIGNATION
23
Annexure - B
Price Bid Format :
Description Rate in Rs
Per MT
Service Tax
applicable %
1 a Customs Clearance and Forwarding, Processing of
documentation till obtaining Customs Out of
Charge at designated CFS.
b. Destuffing of containers at CFS .
c. Loading of Bagged raw material cargo in to Trucks
2 Transportation to RCF Ltd., Chembur. The trucks to
be duly covered with tarpaulins ensuring that there
are no infringement of Pollution Control Board
Regulations.
Taxes Applicable – Pl. indicate
24
Annexure - C
FORMAT FOR BANK GUARANTEE TOWARDS SECURITY DEPOSIT AND
PERFORMANCE GUARANTEE
(To be submitted on Rs. 200/- non judicial stamp paper)
Bank Guarantee No. __________ dated ________
M/s Rashtriya Chemicals & fertilizers Ltd,
………………….,
…………………..
…………………..
Dear Sirs,
In consideration of M/s Rashtriya Chemicals and Fertilizers Limited, [hereinafter referred to as
‘RCF’, which expression unless repugnant to the context and meaning thereof shall include its
successors and assigns], having agreed to exempt, M/s
__________________________________having its registered/principal office at
______________________________________________ [hereinafter referred to as ‘Supplier /
Contractor’ which expression unless repugnant to the context and meaning thereof shall include its
successors and assigns], from depositing with RCF a sum of Rs.___________ towards security /
performance guarantee in lieu of the said Supplier / Contractor having agreed to furnish an
irrevocable bank guarantee for the said sum of Rs. _________ as required under the terms and
conditions of Contract / Work Order / Purchase Order no. ______________________ dated
__________ [hereinafter referred as the ‘Order’] placed by RCF on the said supplier / contractor, we,
____________________________________________ [hereinafter referred to as ‘the Bank’which
expression shall include its successors and assigns] do hereby undertake to pay RCF an amount not
exceeding Rs. ______________ [Rupees _________________ ] on demand made by RCF on us due to
a breach committed by the said Supplier / Contractor of the
terms and conditions of the Order.
1. We ____________ the Bank hereby undertake to pay the amount under the guarantee without
any demur merely on a demand received in writing from RCF stating that the Supplier /
Contractor has committed breach of the term(s) and/or condition(s) contained in the Order and/or
failed to comply with the terms and conditions as stipulated in the Order or amendment(s) thereto.
The demand made on the Bank by RCF shall be conclusive as to the breach of the term(s) and/or
condition(s) of the Order and the amount due and payable by the Bank under this guarantee,
notwithstanding any dispute or disputes raised by the
said Supplier / Contractor regarding the validity of such breach and we agree to pay the amount so
demanded by RCF forthwith and without any demur. However, our liability under this guarantee
shall be restricted to an amount not exceeding Rs. ______________ [Rupees _________________ ].
2. We, ______________ the Bank further agree that this irrevocable guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance of the said
Order and that it shall continue to be enforceable till all the dues of RCF under or by virtue of the
said Order have been fully paid and its claim satisfied or discharged or till RCF certifies that the
terms and conditions of the Order have been fully and properly carried out by the Supplier /
Contractor and accordingly discharge the
25
guarantee.
3. We ________________ the Bank, undertake to pay to RCF any money so demanded
notwithstanding any dispute or disputes raised by the said Supplier / Contractor in any suit or
proceedings pending before any court or tribunal relating thereto as our liability under this present
being absolute and unequivocal. The payment so made by us under this Guarantee shall be valid
discharge of our liability for payment there under and the said Supplier / Contractor shall have no
claim against us for making such payment.
4. We ________________ the Bank further agree that RCF shall have full liberty, without our
consent and without affecting in any manner our obligation hereunder to vary any of the terms and
conditions of the Order or to extend time of performance by the said Supplier / Contractor from
time to time or to postpone, for any time or from time to time, any of the powers exercisable by the
RCF against the said Supplier / Contractor and to forbear or enforce any of the terms and
conditions relating to the Order and shall not be relieved from our liability by reason of any such
variation or extension being granted to the said Supplier /Contractor or for any forbearance, act or
omission on the part of RCF or any indulgence by RCF to the Supplier / Contractor or by any such
matter or thing whatsoever which under the law relating to sureties would but for this provisions
have effect of so relieving us.
5. In order to give full effect to this guarantee, RCF will be entitled to act as if the BANK were the
principal debtor and the BANK hereby waives all rights of surety ship.
6. Our liability under this bank guarantee is restricted to Rs. _________ [Rupees
__________________] and shall remain in force up to _______________ and thereafter till the expiry
of the extended period, if any, (hereinafter Validity period). Unless a demand is made under this
guarantee on us in writing at any time from the date of issue of the guarantee till the expiry of the
Validity period, we shall be discharged from all liabilities under this guarantee thereafter.
7. The claim, if any, under this guarantee, shall be lodged at (address of BANK & Branch)
_________________________________________.
8. This guarantee will not be discharged due to change in the constitution in the Bank or the said
Supplier / Contractor or the provision of the contract between Supplier /Contractor and RCF.
9. The BANK hereby agrees that the Courts in Mumbai shall have exclusive jurisdiction in any
matter of dispute between RCF and the Bank and the Bank hereby agrees to address all the future
correspondence in regard to this bank guarantee to
Chief Finance Manager,
Rashtriya Chemicals and Fertilizers Limited,
Administrative Building, Mahul Road, Chembur,
Mumbai 400 074. INDIA.
10. We have the power to issue this Guarantee in your favour under the Charter of our Bank and
the undersigned has full power to execute this Guarantee under the Power of Attorney granted to
him by the Bank.
26
11. We, _____________ the Bank lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the RCF in writing.
SIGNED AND DELIVERED ON THIS _______________ DAY OF ________
Yours faithfully,
For and on behalf of _____________________. (bank)
Signature of Authorised Official of bank
Name of the Official:
Designation of the Official:
Name of Bank:
Branch:
Address of Branch:
Telephone / Mobile No :
Fax No:
Email Id:
27
Annexure - D
LIST OF RCF APPROVED BANKERS FOR BANK GUARANTEES
( as updated by Corporate Finance on 23.02.2013)
A) STATE BANK OF INDIA AND IT’S ASSOCIATE BANKS:
1. State Bank of India,
2. State Bank of Bikanar & Jaipur,
3. State Bank of Hyderabad,
4. State Bank of Mysore,
5. State Bank of Patiala,
6. State Bank of Travancore.
B) NATIONALISED BANKS:
1. Allahabad Bank,
2. Andhra Bank,
3. Bank of Baroda,
4. Bank of India,
5. Bank of Maharashtra,
6. Canara Bank,
7. Central Bank of India,
8. Corporation Bank,
9. Dena Bank,
10. Indian Bank,
11. Indian Overseas Bank,
12. Oriental Bank of Commerce,
13. Punjab & Sind Bank,
14. Punjab National Bank,
15. Syndicate Bank,
16. UCO Bank,
17. Union Bank of India,
18. United Bank of India,
19. Vijaya Bank.
C) OTHER BANKS:
1. Catholic Syrian Bank Ltd
2. City Union Bank Ltd
3. Kotak Mahindra bank Ltd.,
4. South Indian Bank Ltd.,
5. Tamilnad Merchantile Bank Ltd.,
6. The Federal Bank Ltd.,
7. The Jammu & Kashmir bank Ltd,
8. The Karnataka Bank Ltd,
9. The Karur Vyaya Bank Ltd,
D) FOREIGN BANKS:
1. American Express Bank Ltd,
2. Bank of American National Trust & Saving Association,
3. Bank of Tokyo – Mitsubishi UFJ Ltd,
4. Barclays Bank PLC
5. BNP Paribas
6. Calyon Bank
7. Citibank N.A.,
8. Deutsche Bank,
9. Development Bank of Singapore (DBS)
10. Hong Kong & Shanghai Banking Corporation Ltd,
11. JP Morgan Chase Bank,
12. Royal Bank of Scotland
13. Standard Chartered Bank,
F) PRIVATE SECTOR BANKS :
1. Axis bank Ltd
2. HDFC Bank Ltd
3. ICICI Bank Ltd
4. IDBI Bank Ltd
5. ING Vysya Bank Ltd
6. Yes Bank Ltd.
28
Annexure - E
FORMAT FOR AGREEMENT TO BE EXECUTED BY A SUCCESSFUL TENDERER
This MEMORANDUM OF AGREEMENT is made and entered into on _________ (Date of
Work Order) between RASHTRIYA CHEMICALS & FERTILIZERS LIMITED, a Company
registered under the Companies Act, 1956 having its Registered Office at Priyadarshni,
Eastern Express Highway, Sion, Mumbai-400022 (hereinafter referred to as “RCF” which
expression where the context so admits shall include its successors and assigns) on the first
Part and M/s. _______________a Company registered under ___________having its Registered
Office at ___________________(hereinafter referred to as the “CONTRACTOR” which
expression where the context so admits shall include its successors and assigns) on the other
Part.
Whereas RCF had invited Tender No. dated for carrying out the work of Customs
Clearance, Forwarding, Handling, De-stuffing of containers at Nhava Shava Port / CFS and
Loading of Bagged cargo onto trucks, Transportation by Trucks of bagged cargo from
Nhava Shava Port / CFS to RCF, Chembur.
Whereas the CONTRACTOR had offered to undertake the Work vide letter No.
Whereas both parties further negotiated the terms and conditions and have mutually agreed
for the same and are desirous of reducing the same in writing.
Now therefore it is witnesseth as under:
In consideration of RCF having agreed to pay to the Contractor as per the rates agreed, the
Contractor shall carry on the Work of Customs Clearance, Forwarding, Handling, De-
stuffing of containers at Nhava Shava Port / CFS and Loading of Bagged cargo onto trucks,
Transportation by Trucks of bagged cargo from Nhava Shava Port / CFS to RCF, Chembur
in accordance with the Work Order No.__________ dated ____________.
The Contractor shall be paid for the satisfactory work done at the Rates specified in the
Schedule of Rates.
The Contract shall be performed in accordance with the terms and conditions as agreed based
on the following documents, which form part of this Agreement:
a)
b)
FOR AND ON BEHALF OF
Rashtriya Chemicals & Fertilizers Limited
(Signature with Seal)
WITNESS:
1.
2.
FOR AND ON BEHALF OF
M/s.
WITNESS:
1.
2. (Signature with Seal)
29
Annexure - F
(FORMAT FOR SOLVENCY CERTIFICATE)
(On Bank’s Letter Head)
______________________________________________________________________
REF NO: ………………… DATE: ……………
To Whomsoever Concerned
This is to certify that to the best of our knowledge and information,
M/s___________________________ (Bidders name with complete address), a customer of our Bank,
is respectable, and is capable of executing orders to the extent of Rs._________
(Rupees________________________). M/s _________________ have been our customer since ______
to date and has been granted the following limits, at present, against various facilities granted by
the Bank:
……………………… ……………..
……………………… ……………...
This certificate is issued without any guarantee, risk or responsibility on behalf of the Bank or any
of its officials.
This certificate is issued at the specific request of the customer.
Yours faithfully,
(Bank Official’s signature & stamp)
30
Annexure - G
FORMAT- for clearing of Payment by ECS
REF: Date:
Dy. General Manager (Commercial),
Rashtriya Chemicals & Fertilizers Ltd,
Administrative Building, Chembur,
Mumbai 400074.
Sub: Bank details for Electronic Payment.
Ref:
Dear Sir,
With reference to your above enquiry, I/We are agreeable to receive the payments by direct
credit to our below mentioned bank account through RBI ECS or SBI Internet banking facility.
Vendor Name
E-mail Id
RCF Vendor code No.
Phone No.
Fax No.
Particular of Bank Account:
Name of the Bank.
Branch code.
Address:
City Name
Telephone No. of Bank
Fax No. of Bank.
9 digit code No. of Bank & Branch appearing on the
MICR cheque issued by your Bank.
Type of Account( for SB A/c=10
Current A/c-11 or CC=13
Account No( As appearing on cheque book).
Income Tax PAN No.
The following are attached in authentication of above bank details.
1. A blank cancelled cheque /Photocopy of a cheque.
2. A copy of Bank Pass Book first page containing name and address of A/c holder.
I/We hereby declare that the particulars given above are correct and complete. If the transaction
is delayed or not effected at all for reasons of incomplete or incorrect information, I/We would
not hold the user institution responsible. I/We agree to discharge the responsibility expected of
me as a participant under the scheme.
For and on behalf of
Signature. COMPANY SEAL.
31
Annexure - H
Format for EMD payment through Triplicate Challans by depositing cash in SBI
Note : The PDF format for Triplicate challans for depositing EMD by cash can be downloaded from RCF’s
website.
32
Annexure - I
33
34
Annexure - J NOTES TO VENDOR :
A. Obligation to follow safety systems & procedures work permit system and regulations
i. Do not carry out any work without valid Work Permit issued by the authorized person in the Factory as
per Work Permit System.
ii. Entry of all Workmen inside the Factory shall be guided by the rules and regulations prevailing at RCF
from time to time. Vendor shall arrange necessary Gate Entry Passes for all manpower in advance, duly
completing all security formalities.
iii. Vendor shall arrange adequate & skilled Manpower and Supervisor. Manpower deployed by Vendor
should be experienced in similar type of jobs. All Equipment, Tools & Tackles used should be of
appropriate Type and Size and approved by the competent authority for its Safe working limit. All
Equipment and materials (both Consumables and non-Consumables) shall be brought inside the factory
with proper Gate Entry only and proper Records shall be maintained. These Gate Entry Records will be
referred to while taking out the materials after completion of the jobs, failing which such materials will not
be permitted to be taken out.
iv. Vendor must provide Safety Shoes, Helmets, Safety Belts and other Personal Protective Gears as per SHE
conditions to all his Workers while carrying out the job. All Supervisors and Workmen of the Contractor
must wear the following Personal Protective Equipment (PPE) without which permission to work will be
denied.
v. Vehicles plying inside Factory should be fitted with approved Spark Arrestors at their Engine exhaust
vi. Training in Fire & Safety is mandatory for all Contractors' Supervisors and Manpower
vii. The Contractor must ensure that each one of his Employees clearly understand the Fire Communication
requirement, i.e. in case of Fire Siren is sounded they should assemble at designated location. The
Contractor while providing on-the-job training may ensure this.
viii. Contractor must provide and maintain at his Worksite an appropriate Display Board, displaying
information as per RCF "Work Site Display Board" specification.
ix. Contractor must attend all scheduled Safety Meetings as would be intimated to him by RCF Engineer in-
Charge. Contractor also must ensure that all his Employees participate in Safety promotional activities
organized by the Factory.
x. Contractor who engages Laborer for his jobs in the factory must submit Police Verification of
Antecedents of Laborers engaged by him.
xi. Contractor will not carry out any work without having Supervisor at site. If it is required to work
simultaneously in more than one location under the same Contract, One Supervisor must be deployed at
each of the locations.
xii. Contractors whose Safety Records are not satisfactory will be viewed seriously and necessary action (viz
cancellation of Registration/Contracts) shall be taken by RCF
B. Compliance with Statutory requirement -Contractors in the Factory shall abide by
i. The Safety regulation of the RCF, as mentioned in the Fire & Safety regulations
ii. All requirements under the Factories Act 1948 and the rules framed there under in the Maharashtra
Factory Rules 1963, including all amendments thereto.
iii. All requirements of Worker Compensation Act & ESIS Act, including all amendments thereto.
iv. Applicable Environment regulation in force and also the Systems and Procedures in the Factory related to
Environment.
v. The provisions of all labour laws i.e. central and state which are in force and are applicable to contract
labour must be complied with.
35
PRE-EMPLOYMENT MEDICAL EXAMINATION (BEFORE ENGAGAEMENT) OF CONTRACT WORKERS:
Contractors will have to submit a certificate of fitness in Form 6 in respect of workers to be engaged inside the
factory and no person / contract labour shall be employed without a valid certificate of fitness. The contractors will
get the Pre-Employment Medical Examination of his workmen done from the below mentioned approved
Doctor/Agency only:-.
Sr. Name , Address Qualification/Degree Contact No.
1 Dr.R.A. Chhoga
Meena Medical Centre,
Opp Sulbha School,
Near Sahakar Taakies,
L-4,29/30,Brindavan,TilakNagar,
Behind Shopper’s Stop,
Chembur-4000089
M.B.B.S.(Bom), D.H.M.,
A.F.I.H., C.U.W.M.
25271251
(M)9820020004
2 Dr .Devendra B.Ingale
Keshavsut Diagnostic Clinic,
4/1,ChandrodayHsg.Society,
Opp. Meena Towers,
Swastik Park , Chembur,
Mumbai-71
M.D.(Bom), A.F.I.H., D.I.M.,
L.L.M.
Certifying Surgeon
25226567
(M) 9869005451
3. Dr. Prakash Panchal
Jagatguru OHC Centre
2,United Western Apartment,
V.S.Road,
NearSiddhi Vinayak Temple,
Prabhadevi,Mumbai-400025
Certifying Surgeon,
Government of Maharashtra
(DISH)
Mumbai& Suburban.
24361861
(M) 9870341805
Timings:Mondayto Saturday
9.30 A.M to 1.30 P.M.
6.30 P.M. to 9.00 p.m.
4. Dr.Abhay Narayankar
Prism Diagnostic Centre
& Polyclinic105,1st Floor,
Mohamadi House,
Near Anjuman Highschool,
Kurla(W), Mumbai-400070
M.B.B.S., A.F.I.H. 26524374
(M)9869300956
5. Dr.Milind Sardesai,
Shanti Niketan,
Ground Floor,8th Road ,
Near Ahobila Math,
Near Diamond Garden,
Chembur, Mumbai- 400 074
M.B.B.S., A.F.I.H.
(Industrial Health Consultants)
Saturday & Sunday
10 AM to 1 PM, 4 PM to 8 PM,
Contact: Dr. Vasant Sardesai –
Appointments (M)9833128952
6. Dr. D.G. Pandit
Gurukrupa Hospital & Polyclinic
OHC, Govardhan Dham,
Khopat, Thane (W)- 400 601
Certifying Surgeon 25346446/ 25404263
Dr. D.G. Pandit
(M) 9821121261
Dr.KiranPandit
(M) 9821090696
7. Dr. Pradeep V. Mahajan
R-831, T.T.C. Thane Belapur Road
Navi Mumbai
Certifying Surgeon 27691981/27691679
(M)9867220015