Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004

Tender for Sillimanite

Open Tender Enquiry for Procurement of Sillimanite

Additional Tender Terms and Conditions (ATC)

1. SUBJECT:
Open Tender for Procurement of 2400 MT of Sillimanite for SRU- IFICO
1.1. SAIL Refractory Unit (SRU) is pleased to invite Tenders for Procurement of subject Goods from
prospective Tenderers fulfilling Eligibility Criteria and having capacity to supply Goods as per
Specifications and Terms & Conditions stipulated herein.
1.2. Tenderers are requested to read the tender documents carefully and submit their quote as per Terms &
Conditions given therein. The tenderers, who submit their offers shall be deemed to have read,
understood and accepted the Terms & Conditions of the NIT/ Tender Documents.
1.3. Any Extension of Due Date of Submission of Tender or Change in Scope/ Corrigendum etc. shall be
available only on GeM Portal & www.sailtenders.co.in. Hence, prospective tenderers are requested to
regularly visit/ log on to the website for any updates.
2. SALIENT FEATURES
2.1. Name of the Item/s: Sillimanite

2.2. Number of Sources

PROVEN/REGULAR: Multiple
2.3. Mode of Tender Submission: Through GeM Portal

2.4. Term of Delivery:

For Indigenous sources- DDP/Door Delivery basis
2.5. Earnest Money Deposit Amount : NA
Bid securing Declaration to be submitted.
2.6. Integrity Pact (IP): Not Applicable

3. Buyer Details
3.1. Registered Office
Steel Authority of India Ltd
Ispat Bhavan, Lodi Road
New Delhi-110003, INDIA
3.2. Mailing Address of SAIL Plant/ Unit
SAIL Refractory Unit (SRU)
Indira Gandhi Marg, Sector-4
Bokaro Steel City- 827004, INDIA
 : +91 (6542) - 233172
Fax: +91 (6542) - 233672/673
Email id: sru.homm.bscity@gmail.com
himanksewaliasail1@gmail.com
3.3. Buyer Bank Details:
Name : SAIL REFRACTORY UNIT (SRU)
Bank & Branch Name: State Bank Of India, Commercial Branch, Bokaro
Address: State Bank Of India, Commercial Branch, Bokaro Steel City- 827004, Jharkhand
Account No: 30925810058
IFSC Code: SBIN0004231
SWIFT CODE: SBININBB561
4. Item Description
4.1. Brief Description of Item: Sillimanite

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
4.2. Unit of Measurement (UoM) : Metric Ton

4.3. Total Tendered Quantity : 2400 MT

Plant wise Qty:
SAIL Refractory Unit – IFICO (IFICO)- 2400 MT
4.4. Technical Specification & Testing Methodology:
Al2O3 55% (Min.) Acceptable up to 54% with rebate (Testing method IS
1335/1201 or XRF)
Fe2O3 2% (Max.) Acceptable upto 2.5% with rebate (Testing method IS
12101 or XRF)
PCE ORT 36 Min. (Testing method as per IS Standard)
Lump Size 10” Max
Below 10 mm 10% Max

A) Percentage of Dust (material passing through 3 mm sieve)- 2 %Max (Above 2 % dust, pro-rata
deduction will be made)
B) Hardness: 6-7 on Moh Scale ( Indicative)
C) Specific Gravity- 3.23 ( Indicative)
D) Material should be brittle and hard with Glassy Luster
E) Material should be free from calcareous, biotitic, Quartzitic, Ferruginous impurities, Clay
particles & soft sillimanite.
F) Free Moisture- 1% max (for moisture above 1% pro-rata deductions will be made)
REBATE FORMULAE:

Deduction in Rupees/ MT = LCNC P.O Rate in INR/MT × difference in specification × F

Normal PO Specification

Value of F F = 2.75 for Al2O3,

F = 0.4 for Fe2O
Method of Testing for Guaranteed Parameters: As per specification mentioned or IS Standard & XRF.
5. Special Conditions
5.1. Validity Period of the Contract: One year from the date of PO or till the supply of material

5.2. Packing: Loose material to be supplied in sealed truck.

5.3. Delivery Location: At Specified location of Plants/Units:

SRU- IFICO
Steel Authority of India Limited
SAIL Refractory Unit – IFICO
P.O. Marar,
Ramgarh – 829117,
Distt.-Ramgarh, Jharkand
GSTIN: 20AAACS7062FAZJ
5.4. Delivery Schedule:
SRU-IFICO: To be completed within 12 months @~200 MT/Month or as per requirement of SRU-IFICO.
Delivery to commence within 60 days of placement of Purchase order (PO)/Letter Of Acceptance (LOA).
Delivery to be made on full truck basis (FTL).
The delivery schedule may change according to requirement of the respective plant and would be
intimated at the time of PO issuance.
5.5. PRICE VARIATION CLAUSE (PVC):- NOT APPLICABLE

6. Eligibility Criteria (For Open Tenders)

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Tender for Sillimanite
6.1. PROVEN SOURCES:
A vendor who has successfully supplied the material with tendered/superior specification as
Trial/Proven/Regular vendor in any of the previous cycles in the last 5 (FIVE) years (i.e. Last 5 years
starting from the last day of the month previous to the one in which tenders are invited ) may be treated
as proven vendor by SRU, irrespective of the fact whether the offer quoted in the current tender is for
Trial category.
However a PO copy for the supply to any of the SRU Plants as mentioned above to be submitted by the
bidder. Since there is a possibility of a bidder having supplied the material in other SRU Units, furnishing
P.O copies shall help in expediting evaluation process and also assert the claim of being a proven bidder.
6.2. REGULAR SOURCE:
Regular source Eligibility Criteria is as mentioned below:-
6.2.1. Experience Criteria
Interested tenderers should have experience with supply of minimum 30% of tendered quantity of
Tendered Material of having similar/superior specifications of NIT to any Organization/s during Any
consecutive 12 months out of the last five years (i.e., last 5 years starting from last day of the month
previous to one in which tenders are invited. For example: Tender is issued on 30 th December 2015, then
the five year span will be from 1st December 2010 to 30th November 2015).

In support of the same the bidders must enclose documentary evidence for the entire 30% tender
quantity. The documentary evidence shall be as mentioned below:-
1. For Indigenous bidders - Copy of Contract/PO's supported by Tax invoice/store receipt vouchers
(SRV) or equivalent to SRV /Bill of Lading (BL)/ user certificate.
In case of submission of user certificate a minimum of 3 (Three) Tax invoices/SRV or Equivalent
to SRV /BL to be submitted.
Similar/Superior specifications: Similar and superior specification will be considered for only
Al2O3% :55% Min. and Fe2O3% :2 Max..
6.2.2. Financial Criteria
Bidders have to submit P&L statement for last three financial years.

In case of current assessment year’s P&L statement not readily available (for any reason), the previous 3
years excluding the current assessment year’s P&L statement will be considered.

For sellers whose incorporation is within the last three years will be exempted from submission of P&L
statement, provided valid incorporation certificate is submitted. Such bidder has to submit the available
P&L statements.
7. Eligibility Criteria: The intending tenderers must satisfy conditions as stipulated in this NIT under Item
Description, Special Conditions & Eligibility Criteria to qualify for consideration in Techno-commercial
evaluation. The intending tenderers must submit documentary evidence in support of their eligibility
along with Techno-commercial Bid, failing which the offer is liable to be rejected. SAIL, SRU, however,
reserves the right to call for clarifications/ additional documents in support of submissions made by the
tenderers.
8. Drawing: In case where tender document has been downloaded from SAIL website and drawing (if
applicable) is not available/posted on the website, the relevant drawing may be obtained from the
contact person, SRU as mentioned in the Tender Notice.
9. Validity of the Offer/Bids: The bidder has to ensure that the validity of their offer should be at least 90
days from the date the tender is actually opened and atleast 60 days from the date of Price Discovery.
10. Earnest Money Deposit (EMD):
10.1. EMD Exemption for MSME/PSU/Govt. Agencies etc.:
Micro & Small Enterprises (MSEs)/ PSUs/ Government Undertakings and Co-operative Societies/ Start-ups
as recognised by Department for Promotion of lndustry and lnternal Trade (DPIIT) etc. may be exempted
from submission of EMD as per extant Government policy.

For MSEs, the exemption will be extended on

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
the basis of :
(i) Self-certified Copy of Udyam Registration Certificate;
(ii) the concerned MSE is registered in the MSME databank and
(iii) MSE is registered for the given scope of iob/ procurement.
SSI/ NSIC certificate holders are also exempted from submitting EMD.
Self-Attested copies of the EMD exemption certificate as mentioned above to be uploaded along with
the techno-commercial bid in EPS in the EMD Payment Details section.
10.2. Bid Security Declaration:
In place of EMD, Bidders may require to sign a Bid Securing declaration accepting that if they withdraw or
modify their bids during the period of validity, or if they are awarded the contract and they fail to sign the
contract, or to submit a performance security before the deadline defined in the requests for bids
document, they will be suspended for a period of one year from being eligible to submit Bid/Participation
in tenders. A format for Bid Security Declaration is attached at Appendix- Bid Security Declaration.

If the decision on the tender is delayed by more than 30 days from the last date of receiving the bids, the
EMD if taken, may be returned only after submission of declaration for Bid Security from the bidder.
11. Tender should provide complete, clear and unambiguous information requested in the NIT/ Enquiry
document. If any of the forms attached herewith is not submitted or is incomplete in any respect, the Bid
may be rejected.
It shall be the responsibility of the persons submitting the tender to ensure that the tenders have been
submitted in the formats and as per the Terms & Conditions prescribed and no change is made therein
before submission of their tender. In the event of any doubt, regarding the Terms & Conditions/ formats,
the person concerned may seek clarification from the authorized executive of SAIL, SRU. In case
tampering / unauthorized alteration is noticed in the tender submitted, from the tender document
available on the SAIL website, the said tender shall be summarily rejected and the company shall have no
liability whatsoever on the matter.
12. Delivery Instructions
Delivery schedule may be increased upto three months requirement in the first consignment on mutual
consent of buyer and Seller. In case of inability to agree to the same, seller has to indicate such inability
in their offer.
The delivery schedule may change according to requirement of the respective plant and would be
intimated at the time of PO issuance.
Any changes in the delivery schedule shall be done by amendment to PO only.
If the requirement of SRU increases, then 03 weeks’ time to Indigenous vendors and 06 weeks’ time for
Foreign Vendors will be given to enable the vendor to arrange for the material.
In case of urgency where sufficient time is not available as stipulated above, SRU may still request for
increased supply qty. to meet urgent demand but the same may attract L/D only after the said indicated
time (3 weeks/6 weeks).
13. Guarantee/ Warranty Clause:
Guarantee/ Warranty for Raw materials is Not applicable.
14. Full Truck Load: Bidders have to provide quantity to be considered for Full Truck Load (FTL) in their offer.
In case if bidder does not provide this detail in their offer or subsequent clarification, buyer has the right
to provide the delivery schedule at their discretion based on the buyer’s assessment.
If Possible, efforts would be made to schedule the delivery in multiples of FTL; except for the last
consignment.
15. Acceptance to offer Full Tender quantity and as per specification:
Tenderer has to offer for full tender quantity (full trial quantity for trial bidders) and agree to supply the
quantity as per the requirement and specification of SRU.
16. Information / Document Genuineness and verification:
SAIL, SRU reserves the right to call for original documents for verification at any time during tendering,
evaluation and/ or the execution of the Contract.
At any time, during process for evaluation of tenders and at any time after award of contract, If the
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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
certificate(s) submitted by the bidder/seller are found to be suppressing facts / false / forged /
fabricated / fudged or incorrect, it may lead to termination of the contract, along with forfeiture of EMD /
SD and Performance Guarantee if submitted, besides any other action provided in the contract including
banning under the extant Guidelines for Banning of Business Dealings of SAIL, and initiating any legal
action as deemed fit by SAIL.
In this regard, bidders are required to submit the Annexure- UNDERTAKING REGARDING SUBMISSION OF
GENUINE INFORMATION & DOCUMENTS.
17. SAIL-SRU, being a PSU, its internal Agencies reserves the right to inspect the material at any point of time
during use. In case of any deviation in such test report, the party will have option to accept the test
results or go for joint sampling and re-testing. This will supersede all previous test reports.
18. Statement of Deviation:
The commercial terms and conditions shall be, as given in NIT and other sections. SAIL, SRU solicits bids in
conformity with Terms & Conditions, without any deviations. However, if any Bidder is unable to accept
any particular terms, or proposes any deviation therefrom, the Bidder shall enclose along with offer, a
Statement of Deviations as per Annexure (Annexure- Statement of Deviations) clearly spelling out the
deletions/ deviations proposed, which will be evaluated in accordance with provisions of Techno-
commercial evaluation as stated below.
However, deviations, if any with regard to all Terms & Conditions (Commercial), proposed by the
tenderer may be separately indicated for acceptance or otherwise of SAIL, SRU. Such proposed deviations
will not be treated as tampering for the purpose of application of this clause. It must be recorded in
Annexure.
Even if there is No Deviation, it must be mentioned in the prescribed format (Annexure - Statement of
Deviation is Mandatory).
The deviation or NO Deviation indicated by the tenderer in Annexure -Statement of Deviation shall be
considered final, irrespective of indicating such deviation anywhere else in the bid.
19. Quantity: SRU reserves the right to place the order for the full tendered quantity or any part quantity.
SRU reserves the right to short close/reduce the ordered quantity/enhance the order quantity to the
extent of the tendered quantity without prior intimation to the supplier.
20. If any specific adverse report is received against any tenderer as an information or upon enquiry made by
SAIL in respect of performance of tenderers after receipt of tender but before participating in the RA, the
firm/ vendor shall be rejected on the basis of recorded reasons. If such a report is received after RA, the
quotation/ bid of that tenderer may also be rejected after recording the reasons.
In case there is outstanding quantity on any supplier even after expiry of contractual delivery, such firm
may not be considered in this case.
21. Explanation/ Justification for Price: All the tenderers may be required to explain/ justify the basis of their
quoted price on specific request by SAIL. In case any tenderer fails to justify his quoted price or refuses to
co-operate in this regard, they will not be considered for participating in re-tendering, if order is not
finalized from the present tender.
22. Voluntary Reduction in Prices / Rate: Wherever voluntary reduction in price is received after Price Bid
Opening/ RA, such reduction in price will not be taken into account for the purpose of evaluation and
ranking for placement of order. Where the voluntary reduction in price is given by a tenderer who is
otherwise eligible to get order after Price Bid Opening/ RA, the order would be placed at a price taking
into account the voluntary reduction offered by the party.
23. Any modifications to the original offer after opening of offers shall be treated as unsolicited and liable of
rejection of whole offer
24. ORDER DISTRIBUTION:
SAIL, SRU may distribute order on more than one source.
Quantity allocation for the L-1 tenderer will be done as follows:
a) The L1 tenderer will be allocated the maximum QUANTITY for that item.
b) Distribution of the balance quantity will be done among the eligible bidders who match the
item-wise prices of L-1 on LCNC Basis. The volume of order to be distributed to other tenderers, who
match the L-1 item-wise prices will be based on their initial ranking and based on maximum number of

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
suppliers recommended by SAIL, SRU before Price Bid Opening/ RA. The distribution of order will be in
the descending order as per the prices quoted for each Lot/ Market, as the case may be. i.e. Lot/ Market-
wise L-1 tenderer will get the highest share and the last ranked tenderer within which the total order is to
be distributed, will get the smallest share, subject to the capacity capping of individual tenderer and such
capping of quantity accepted by seller.
c) Purchase preference to PSUs/ Government organizations shall be based on the guidelines issued by the
Government of India/ SAIL
25. L-1 Backs out: In Case L1 backs out, re tendering would be resorted to in a transparent and fair manner
in which backed out tenderer will not be considered. Further the EMD will be forfeited of the backed out
tenderer and backed out tenderer will not be allowed to participate in any subsequent tenders till one
year.
26. Declaration within meaning of Section 6 of Companies Act: The tenderer is required to declare whether
the proprietor or any partner of the firm or Director of their company, as the case may be, has any
relation with any employee working in the Plant / Unit concerned and if so give the name of the
employee and the relationship and also whether any of them has a relationship within the meaning of
Section 6 of the Companies Act 1956, with any of the Directors of Steel Authority of India Limited and if
so give details. This Declaration is Mandatory and the format for the same has been provided in
Annexure-Declaration with Reference to Company’s Act
27. Declaration for not representing more than one Firm:
The tenderer is required to declare whether the person or team representing their firm is also
representing any other firm participating against the tender and if so, give the details thereon. This
Declaration is Mandatory and the format for the same has been provided in Annexure - Declaration for
not representing more than one Firm
28. Declaration for Non-collusive and other disclosures:
Tenderer has to disclose all the details mentioned in the Annexure- NON-COLLUSIVE TENDERING
CERTIFICATE.
Non-disclosure/ Incorrect disclosure of the details factually by a firm either on its own while submitting
its offer or upon enquiry at the option of SAIL during the scrutiny of its offer may invite penal action
against the firm, which may include rejection of the offer, suspension of business dealings or both.
Non-Collusive Tendering Certificate is mandatory and the format for the same is provided in Annexure -
Non-Collusive Tendering Certificate
29. Sampling Procedure
I. Regarding quantification of lot for indigenous consignment the following may be adopted:
a. For ordered quantity ≤ 500 MT, each challan/ invoice to be considered as a separate lot for sampling.
However, if on a particular day, consignments received with 3(three) or more challans, then material
against each 3(three) challans may be considered as a lot.
b. For ordered quantity, 2000MT ≥ Order quantity > 500MT, 3(three) truckloads/ challans or approx.50
MT to be considered as a single lot.
c. For ordered quantity > 2000 MT, 6( six) truckloads/ challans or approx.100 MT to be considered as a
single lot.
However, for option (b) & (c) acceptance/ rejection for the referred sample will be valid for entire lot. If
so required, unit may consider each challan/ combination of challans within above stipulation as a single
lot.
II. Sampling team will consist of representatives of Custodian, Laboratory and Indenter. Random
sampling method shall be followed by the team and the same shall be recorded in the sampling
report.
III. Two samples will be prepared, out of which one sample shall be sealed, marked and signed by
the sampling team and retained in the custody of the Laboratory as UMPIRE sample. The umpire
sample shall be retained for six months from the date of sampling or till the complete quantity
of material, received against that BL/challan is consumed, whichever is later. For MRB cases,
umpire samples shall be retained till final commercial settlement.
30. Security Deposit (SD)

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Tender for Sillimanite
30.1. For Regular /Proven Sources
In the event of placement of order, the successful tenderers shall furnish Security Deposit to the extent
of values mentioned below:-
1. 3 % (Three percent) for Indigenous vendors of the LCNS value of the PO
SD to be submitted within 21 (Twenty One) days, either in the form of Demand Draft favouring SAIL, SRU
and payable at location of SRU Plants (Tender inviting location) or in the form of Bank Guarantee
(Annexure- Security Deposit – BG Format) from any Scheduled Commercial Bank except Co-operative and
Gramin Bank, which must be kept valid for covering the contractual delivery period plus six months for
lodging claims, if any. The BG should be operable at listed Local Branch of Bokaro Steel City.
In addition to above, SD (value as mentioned above) can also be submitted in the form of TT remittance /
online transfer - NEFT, RTGS, SWIFT. (Bank details provided above) Proof of the same shall be provided to
the concerned officer.
In case SD is received in the form of DD/BG, the date of issuance of BG/DD/Counter Guarantee must be
prior to the date of shipment of first consignment.
However, in case the first consignment is to be processed through CAD payment, the supplier has to
ensure that acceptable BG/DD reaches SRU before the shipping documents. Any detention/demurrage
shall be to the account of supplier in case there is delay in retiring documents due to delayed receipt/non
receipt of acceptable BG at SRU.
e-PBG format as mentioned in the GeM portal is not acceptable.
30.2. Official of BG Issuing Bank, on behalf of its client, should directly transmit a duly scanned copy of BG to
SAIL official to the contact mail ID given in NIT / contract.
The hard copy of BG, in Original, shall also be submitted within scheduled time by the intending bidder /
tenderer / contractor / supplier to the concerned official of SAIL plant / unit.
30.3. Waiver: There will be no exemption from submission of Security Deposit/ Performance Guarantee Bond
unless otherwise specified.
30.4. Validity: Security Deposit/ PBG should be initially valid for a period covering contractual delivery period
plus Six Months from last date of supply and further two months for lodging claims, if any. It shall be
extendable till the fulfilment of the contract in all respects for quality and specification including
completion of supplies. The PG Bond shall be kept valid and in full force and effect from the date of Order
till a period of 6 (Six) Months from the date of receipt of the last consignment at the respective SAIL
plants or 8 (eight) months from the date of delivery of the last consignment under the Order, whichever
is earlier. For this purpose, the date of the Bill of Lading shall be the date of delivery in respect of each
consignment and the date of receipted challan shall be the date of receipt.
30.5. Failure to Submit of SECURITY DEPOSIT/ PBG: If the Supplier is called upon by the Purchaser to deposit
SECURITY DEPOSIT/ PBG and the supplier fails to provide the same within the period specified, such
failure will constitute a breach of the contract. The Purchaser may forfeit the EMD and ban the party as
mentioned in the Bid-Security declaration from participation in future tenders for a period of one year
and take alternate procurement action at the risk and cost of the supplier or action as envisaged in
General Conditions of Contract of SAIL i.e. SAIL P1
30.6. Interest: No claim shall lie against the Purchaser either in respect of interest on SECURITY DEPOSIT/ PBG
or depreciation in value.
30.7. Return of SD / PGB: On due performance and completion of the contract in all respects the SECURITY
DEPOSIT / PBG will be returned to the Supplier without any interest.
31. Arbitration & Conciliation:
Conciliation: All disputes or differences whatsoever arising between the parties relating to or arising out
of contract, shall be settled first by conciliation in accordance with Rules of Conciliation & Arbitration
2003 of SCOPE Forum of conciliation & Arbitration (available at www.scopeonline.in/Farb.htm) and the
settlements so rendered between the parties in pursuance thereof shall be final and binding on the
parties. In case of failures of conciliation, the issue shall be settled as per Arbitration procedure detailed
hereafter.
Arbitration: Any dispute or difference whatsoever arising between the parties and/or relating to the
construction, interpretation, application, meaning, scope, operation or effect of this contract or the

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Tender for Sillimanite
validity or the breach thereof, shall be settled by arbitration in accordance with Rules of conciliation &
Arbitration 2003 SCOPE Forum of Conciliation & Arbitration (available at www.scopeonline.in/Farb.htm)
and the award made in pursuance thereof shall be final and binding on the parties. The venue shall be
purchaser’s premises or as decided by the arbitrator.
For Import Cases all disputes and differences whatsoever arising between the parties and/or relating to
the construction, meaning, and operation or effect of this contract or the breach thereof, shall be settled
by arbitration in accordance with the provisions of Conciliation & Arbitration of the “International
Chamber of Commerce, Paris”. Arbitration and award made in pursuance thereof shall be binding on the
parties. The venue and seat of arbitration shall be at New Delhi.
Arbitration between a Central Public Sector Undertaking of the Government of India and the Employer
shall be as per the guidelines of Ministry of Heavy Industries and Public Enterprises, Government of India.
32. Force Majeure Clause: If in the event either or both the parties to the contract is/ are prevented from
discharging its/ their obligation(s) under the Contract by reason of one or more of the events such as
arrest(s), restrain(s) by Government or people, blockade(s), revolution, insurrection(s), mobilisation(s),
strike(s), lockout(s), civil commotion(s), riot(s), accident(s), Act(s) of God or other natural calamities or on
account of any other act(s) beyond the control of the parties to the contract, the time of delivery shall be
extended by the period equal to the period of delay/ constraints occasioned by one or more of the
aforesaid Force Majeure conditions.
On the occurrence of any of the above Force Majeure conditions, the party concerned shall notify the
other party in writing of such concurrence(s) within 10 days of occurrence(s) stating therein (i) the date
of occurrence(s) of Force Majeure disability, ii) the nature of such Force Majeure disability along with a
certificate from the appropriate Statutory Authority and / or Chamber of Commerce of the concerned
State certifying the fact of the Force Majeure condition during the relevant period.
In the event of the Supplier invoking the Force Majeure condition(s), the Purchaser shall have the option
to cancel the contract for reasons of any or all of the Force Majeure condition notified by the Supplier
without being liable to pay any compensation whatsoever to the Supplier
33. Legal Jurisdiction: All suits and legal proceedings by or against SAIL, SRU in any matter arising out of the
tender shall be TRIABLE only by the appropriate civil court at Bokaro
34. Governing Law: The contract shall in all respects be governed and interpreted according to the
governing Laws of Republic of India. In case of any legal dispute, jurisdiction shall be the district court of
Bokaro Steel City.
35. Deductions from Contract Price: All costs/ charges/ damages or expenses which the Purchaser may have
paid, for which under the Contract, the Supplier is liable, may be deducted by the Purchaser from any
money due or becoming due to him under the contract or may be recovered by action of law or
otherwise from the Supplier. The buyer shall provide details of such deductions with supporting
documents/evidence to the seller.
36. Exceptions to NIT/ Tender Document: SAIL, SRU in its sole discretion, unconditionally and without having
to assign any reason, reserves to itself the right:
a) To accept or reject the lowest offer or any other tender or all the tenders
b) To accept any tender in full or in part.
c) To apportion the total quantity amongst different Tenderers.
To allow purchase preference to the PSUs and Joint venture with PSUs as per the relevant prevailing
guidelines of the Government of India.
37. LIQUIDATED DAMAGES & DELIVERY :
I. Timely delivery is the essence of the contract.
II. In event of supply not being effected within the contractual delivery schedule liquidated damages
@0.25%, not by way of penalty, of the value of the materials without taxes, duties & freight, per
week of delay or part thereof, subject to maximum of 5%, is recoverable from the supplier without
prejudice to the rights of Purchaser to procure the balance material at the risk and cost of the
supplier. The payment or deduction of such damages shall not relieve the Supplier from the
contractual obligations to complete the supply or balance portion thereof in time as stipulated in
the Contract.
NB:-
[i] Liquidated damages to be levied shall be calculated on the Base Price on which order is

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
placed taking into consideration price variation wherever applicable. LD shall not be
applicable on taxes and duties.
[ii] GST on Liquidated Damages (LD), as applicable as per the extant rules, shall be to the
account of the Supplier and shall be recovered from payments due to the Supplier.
[iii]The payment of bonus / deduction of penalties shall also be calculated on Ex- Works /
FOB price taking into consideration price variation wherever applicable.

III. if the party fails to deliver the material in quality and quantity as per schedule, the buyer (SAIL-
SRU) reserves the right to either divert the unsupplied quantity to other suppliers/ bidders or
procure from alternate source at risk and cost of the defaulted supplier
IV. In the event of failure to supply the goods, or part thereof, within the contracted delivery period,
SAIL/SRU reserves the right to cancel the contract, or part thereof, and if so desired, to purchase
the balance quantity of goods from alternate source at the risk and cost of the defaulting supplier
and recover the difference in the event of extra expenditure by SAIL/SRU.
V. It should be noted that if order is placed on a higher price in preference to lowest acceptable offer
in consideration of earlier delivery, the defaulting supplier will be liable to pay SAIL / SRU the
difference between the contracted price and lowest acceptable price in case of failure to complete
supply in terms of such contract within the date of delivery specifically incorporated in the order
without prejudice to the right of SAIL/SRU to claim and recover from the defaulting party the risk
purchase difference.
The above conditions are however without prejudice to our other rights under the terms of the
contract.
38. RISK PURCHASE: In case the Supplier fails to supply (partially or fully) as per allocation/ delivery schedule,
the SRU Plants/ Units shall be entitled at their option to purchase elsewhere on account and at risk and
cost of Supplier, the items not delivered. Moreover the defaulting Supplier shall have no claim over the
allocated quantity, which the Supplier failed to supply
In case of Risk Purchase Action Claim is pending against a Bidder and the Bidder participates against any
fresh tenders, such offers shall be considered subject to Bidder reimburse the entire amount on account
of Risk Purchase Action to SRU prior to or on Initial Tender opening date.
39. Rescinding of Contract: The Purchaser reserves the right to suspend/ cancel/ short close the order, if the
Supplier’s performance is consistently poor
40. Purchase preference to Make in India Suppliers, MSEs/ Local MSEs/ Ancillary Units/ Startups:
40.1. Any purchase preference to MSEs/ Local MSEs/ Ancillary Units/ PSUs/ Government Organisations/
Startups as recognised by Department for Promotion of lndustry and lnternal Trade (DPllT) shall be based
on the extant guidelines issued by Government of lndia. Additionally, "Minimum Local Content (LC)" as
described in the Public Procurement (Preference to Make in lndia) Ordet 2017 (As revised on 16th
September 2020) and subsequent amendments, if any, shall be applicable.
The tenderer who is registered as Micro/small/Medium Enterprises with prescribed authority under
Micro, Small and Medium Enterprises Development Act-2006 are required to submit a valid self-attested
copy of Entrepreneurs Memorandum (Part-II)/ Udyog Aadhaar Registration Certificate or equivalent
along with the Techno-commercial bid. Tenderer, should ensure that the category of services and
goods/items manufactured mentioned in MSE’s certificate matches with the nature of the services and
goods /items to be supplied as per Tender.
Such document should be authenticated by the concerned DIC / MSME Development Institute (DI). Plants
/ units reserve the right to carry out physical verification.
In case such details are not provided, it will be presumed that the enterprise is not a Micro, Small and
Medium Enterprise as per the provision of the above Act and consequently they are not eligible to the
benefits admissible under the Act.
To avail the benefits, the Manufacturers are to fill up the relevant declaration form as per the “Annexure
- Declaration & Undertaking by Micro & Small Scale Enterprises” along with the Tender Documents in the
techno-commercial bid.
40.2. Procurement against this tender will be governed by the provisions enumerated in Govt. of India order
no. P-45021/2/2017-PP(BE-II) dt. 15.06.2017 duly modified dt 28.05.2018, 29.05.2019 and 04.06.2020.
Any subsequent modification / guidelines issued further from time to time shall also be applicable
including withdrawal of this order by Government of India.

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
Bidders shall provide self certificate / certificate as per “Annexure- Make in India Certification Format”
from the statutory auditor or cost auditor of the company (in the case of companies) or from a practising
cost accountant or practising chartered accountant (in respect of suppliers other than companies),
indicating whether they are class-I local supplier / class-II local supplier and the offered items meet the
local content requirement of the same. They shall also indicate percentage of local content for the item
and give details of the locations at which the local value addition is made.
41. Restriction on procurement from a bidder of a country which shares a land border with India.
I. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
II. "Bidder" (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, including any member of a consortium or joint venture
(that is an association of several persons, or firms or companies), every artificial juridical person
not falling in any of the descriptions of bidders stated hereinbefore, including any agency branch
or office controlled by such person, participating in a procurement process.
III. "Bidder from a country which shares a land border with India" for the purpose of this Order
means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered
in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above
IV. The beneficial owner for the purpose of (iii) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person,
has a controlling ownership interest or who exercises control through other means.
Explanation—
a. "Controlling ownership interest" means ownership of or entitlement to more than twenty-
five per cent, of shares or capital or profits of the company;
b. "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or
capital or profits of such association or body of individuals;
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.
“Annexure- Certificate of Conformance” to be taken with the techno commercial bid

a) "I have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; I certify that I am not from such a country or, if from such a
country, have been registered with the Competent Authority. I hereby certify that I fulfill all
requirements in this regard and am eligible to be considered."

b) If subcontracting is applicable, certificate content will be as under:

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
“I have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I certify
that I am not from such a country or if from such a country, have been registered with the
Competent Authority and will not sub-contract any work to a contractor from such countries unless
such contractor is registered with the Competent Authority. I hereby certify that I fulfill all
requirements in this regard and am eligible to be considered."

c) In case bidder is registered for this purpose, evidence of valid registration by the competent
authority should be attached.
42. Responsibility :
As far as possible the role and responsibility for SRU shall be clearly defined by indicating the designation
and department of the concerned official.
However, if the responsibility is defined in the name of SRU-Plant or name of department of SRU plant,
the responsibility shall lie with the Head of the Concerned Plant.
43. TENDER shall be accepted in English language only. In case of submission of STATUTORY DOCUMENTS in
local language a self-certified translated copy of these documents shall be submitted and for the purpose
of this tender only this self-certified translated copy shall be considered. Any document in local language
NOT accompanied by such self-certified translated copy shall be ignored and the tenderer shall have be
deemed to have NOT submitted the said document.

Offer submitted by the tenderer and all correspondence and documents relating to the offer exchanged
between the tenderer and SAIL shall be written in the English Language. Any printed literature furnished
by the tenderer may be written in another language so long as it is accompanied by a duly signed English
translation in which case, for the purposes of interpretation of the offer, the English translation shall
govern.
44. The Vulnerability Atlas of India has been prepared by Building Materials and Technology Promotion
Council under Ministry of Housing and Urban Affairs, Government of India and available at their website
www.bmtpc.org.
It is mandatory for the bidders to refer Vulnerability Atlas of India for multi-hazard risk assessment and
include the relevant hazard proneness specific to project location while planning and designing the
project in terms of:
i) Seismic zone (II to V) for earthquakes,
ii) Wind velocity (Basic Wind Velocity: 55, 50,47,44,39 & 33 m/s)
iii) Area liable to floods and Probable max. surge height
iv) Thunderstorms history
v) Number of cyclonic storms/ severe cyclonic storms and max sustained wind specific to coastal
region
vi) Landslides incidences with Annual rainfall normal
vii) District wise Probable Max. Precipitation
45. Weighment:
For bulk material to be accepted by weight, all the trucks / wagons / trailers / tankers etc. shall be weighed
at the destination at the purchaser’s weighbridge(s).
Supplier’s challan weight for each truck / wagon / trailer / tanker etc. shall be accepted as final, if the
weighment at purchaser’s premises for that truck / wagon / trailer / tanker etc. is within the tolerance
range indicated in the contract. If the weighment at purchaser’s weighbridge(s) is found to be more than
the challan weight, the payment shall be restricted to the challan weight.
In case the weighment at purchaser’s weighbridge(s) is found to be less than challan weight even after
allowing the tolerance range indicated in the contract, the weighment at purchaser’s premises shall be
final for the purpose of payment.
Weighment tolerance : (±) 0.5%.
46. Inspection & Testing:
a) Before dispatch of material, the supplier at their own cost will get the same pre-inspected through
Government / Government approved Inspection Agencies/ RITES / NABL /NABL approved labs.
Inspection shall have to be done for both the quality and quantity as mentioned in the purchase order.
Material will be despatched by the supplier only if it is as per PO Specification (including rebate
formula).

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
b) The Inspection Agency shall certify that the Inspected material has been loaded in their presence on
the truck.
c) The inspection agency shall certify that the trucks have been sealed in their presence.
d) The Seal Numbers should be indicated in the inspection certificate.
e) This inspection certificate from the 3rd party shall be the basis for accepting the material at our stores.
The third party inspection certificate & related documents will be checked and if the test results are
found as per PO specifications (including rebate formula), GARN (Goods Acceptance & Rejection note)
for acceptance shall be generated for the quantity received against respective BL/Challan. If deviations
are beyond rebate formula, GARN would be generated for rejection, mentioning the reasons for
rejection.
f) Any stores so rejected at Purchaser's premises on the basis of inspection certificate from the 3rd party
will not be eligible for application of clause 46.1 below and the material must be removed by the
Supplier within 30 days from date of receipt of intimation of rejection of supplies. If the rejected goods
have already been paid for ( partly or fully), the supplier shall before removal of rejected goods, either
deliver correct replacement goods at Purchaser's premises completely free of cost ( including cost of
goods, freight, taxes, duties etc.) or refund the payment received as well as make full compensation
for freight, taxes, duties etc. Such rejected Stores shall lie at supplier's risk from the time of such
rejections and if not removed within the above time limit of 30 days, the Purchaser shall have the right
to dispose off the said rejected materials as deemed fit without any financial obligation to the supplier.
g) However, SRU reserves the right to test the material anytime from receipt to consumption of total
received quantity(not later than 12 months of receipt of consignment at SRU Stores).
h) Upon such test as per g) above, if any deviation is found in the specification of the material received
w.r.t purchase order specification, material shall be treated as rejected and intimation of same will be
sent to the supplier and the issue will be dealt as below:
i. If the supplier does not dispute the findings of the purchaser within 30 days of receipt of
intimation, the provisions same as clause f above will be applicable considering as if the date
next to a period of 30 days from receipt of intimation sent under this clause is the “date of
receipt of intimation” mentioned in clause f. If the supplier does not replace the material
within specified time, SRU shall be entitled to reimbursement of moneys paid for the
material even if the unlifted quantity is disposed off after specified time. SRU shall take
necessary measures for recovery from supplier if they do not pay the amount to SRU.
ii. If the supplier disputes the findings of the purchaser within 30 days of receipt of intimation,
the provisions as at para 46.1 below shall be applicable.
46.1. Quality Dispute Resolution for Raw Materials:
If the supplier disputes the test results communicated under clause 46.h, and requests for Joint sampling &
testing at an Outside Laboratory; joint sampling of the material will be done once again by SRU lab. For
such joint sampling, the supplier shall fix up a mutually agreed date with the SRU unit but such date will
not be later than 10 days from the date of receipt of request from the supplier. Supplier’s representative
would visit SRU at their own cost.
In case the representative of the supplier doesn’t turn up on the scheduled date of joint sampling, it would
be construed that the Party is not interested for joint sampling and no further action is required, then the
prevailing rejection report will prevail upon and the party should lift back the material as mentioned above
(Clause: 46.h.i).
Four samples are to be prepared, sealed and jointly signed. One will be sent to Outside Test House, one
will be given to the Supplier & two shall be retained with the Laboratory, till closure of P.O.
After joint sampling, a minute is to be drawn with the representative of the supplier clearly stating the
outside laboratory, where the sample shall be sent for testing and that the test report so obtained shall be
final & binding on both the parties for the full quantity covered under the consignment.
Sample to be sent to the mutually agreed Outside Test House as stipulated herein within three (3) days
from the date of joint sampling, by the Laboratory. In case the initial testing was done at an outside testing
agency, the sample after the joint sampling would not be sent to the same testing agency and also must
not the agency who had issued the 3rd Party Inspection certificate before dispatch of the material.
In case the test report of joint sampling is found acceptable (including Rebate formula), the Rejection
report issued earlier shall be modified accordingly for acceptance. In case of material is accepted under
Rebate formula, procedure as mentioned above in (Clause: Inspection & Testing) shall be followed.
If the test results are found beyond the Rebate formula, then the prevailing rejection report will prevail

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
upon and the party should lift back the material as mentioned above (Clause: 46.h.i).
However, if certain quantity has already been used, then the proposal for settlement through MRB
(material review board) may be submitted enclosing all the relevant documents within a period of 7 days
from the receipt of the test results.
Testing charge, will initially be borne by SRU but finally to be claimed from the party whose contention had
been lost.
46.2. Test House testing joint Sampling in Clause 46.1.
India based NABL approved laboratories of SGS, BVQI, Alex Stewart , Inspectorate Griffith & DISIR along
with Government approved CSIR laboratories i.e. CGCRI, IMMT, NML & RITES.
46.3. MRB (Material Review Board)
Materials shall be accepted only as per clause 46 above. However, in case of situations warranted under
clause 46.g, 46.h.ii and 46.1, if certain quantity of material has been consumed before being finally decided
as rejected, materials so consumed will be regularized through Material Review Board (MRB) with
appropriate price reduction. Material Review Board will decide the amount to be recovered from the
supplier. The supplier can remit the amount to SRU.
47. Price Quoted: FOR/DDP/ Door Delivery at SAIL Plant/ Unit (by Road only). Quoted rates shall be
considered inclusive of packing & forwarding charges. No packing & forwarding charges shall be allowed
separately unless specifically agreed by SRU. The quoted Price/ Rate shall also be applicable for part
quantity ordered in case of distribution of Order.
48. Transportation & Transit Insurance: Both to be arranged by tenderer/ supplier. The transportation of
materials shall be by trucks on Freight Paid Door Delivery basis. If the tenderer intends to claim freight
charges extra, the same shall be billed in the invoice. Accordingly, freight charges as per accounting unit of
the item shall be indicated in the Price break-up to be submitted in EPS or after Reverse Auction
a) The Supplier shall do loading of materials and the Purchaser shall do unloading.
b) Payment of GST on Freight and availing Credit on GST paid shall be entirely tenderer's responsibility.
Hence, there will be no reimbursement of GST on Freight amount from SRU Plant.
c) Insurance Charges: The transit insurance of the material from vendor’s premises to SRU Plant store on
Door Delivery basis shall be the responsibility of the supplier. Material shall be supplied on insurance
paid basis. Wherever tenderer intends to claim insurance charges extra, the same shall be billed in the
invoice. Accordingly, insurance charges as per the accounting unit of the item shall be indicated in the
price break up to be submitted in EPS or after reverse auction.
49. Banning of Business Dealings with SAIL
SAIL – SRU reserves the right for Banning of Business Dealings with SAIL based on the following Grounds.

1. If the security consideration, including questions of loyalty of the Agency to the State, so
warrants;
2. If the Director/Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of
Law for offences involving moral turpitude in relation to its business dealings with the
Government or any other public sector enterprises or SAIL, during the last five years preceding
date of tender opening or during execution of contract, provided such information is known to
SAIL;
3. If there is strong justification for believing that the Directors. Proprietors. Partners, owner of the
Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of
tenders, interpolations, etc. during the last five years preceding date of tender opening or during
execution of contract, provided such information is known to SAIL;
4. If the Agency continuously refuses to return/refund the dues of SAIL without showing adequate
reason and this is not due to any reasonable dispute which would attract proceedings in
Arbitration or Court of Law;
5. If the Agency employs a public servant dismissed/removed or employs a person convicted for an
offence involving corruption or abetment of such offence, provided such information is known to
SAIL;
6. If business dealings with the Agency have been banned by the Central or State Govt. or any other
public sector enterprise at the time of submitting his bid or on the date of tender opening or at
the time of placement of order, provided such information is known to SAIL;
7. If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of facts
and/or fudging/forging/tampering of documents;

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
8. If the Agency uses intimidation/threatening/misbehaves with SAIL Official or brings undue outside
pressure or influence on the Company (SAIL) or its official in acceptance/performances of the job
under the contract;
9. If the Agency indulges in repeated and/or deliberate use of delay tactics in complying with
contractual stipulations/delayed the tendering process;
10. Willful indulgence by the Agency in supplying sub-standard material irrespective of whether pre-
dispatch inspection was carried out by (SAIL) or not;
11. Based on the findings of the investigation report of Investigating Department against the Agency
for mala-fide/unlawful acts or improper conduct on its part in matters relating to the Company
(SAIL) or even otherwise;
12. Established litigant nature of the Agency to derive undue benefit;
13. Continued poor performance of the Agency in several contracts;
14. If the Agency misuses the premises or facilities of the Company (SAIL), forcefully occupies,
tampers or damages the Company's properties including land, water resources, forests / trees,
etc.
15. If the Agency resorts to unauthorized sale of materials purchased from the Company.
16. If the Agency has committed a transgression through violation of any of its commitments under
the Integrity Pact entered with SAIL.
(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may
decide to ban business dealings for any good and sufficient reason).
No experience certificate shall be issued by Engineer in Charge/Executing Authority against the contract to
the Agency found to have submitted forged/ fabricated documents/indulged in corrupt/fraudulent
practices.
For complete Guidelines of Banning of Business Dealing issued by CMMG-Delhi, Kindly refer SAIL Tenders
website (https://sailtenders.co.in/).

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite

Annexures/ Formats

Annexure 1 – Non-Collusive Tendering Certificate................................................................................................16

Annexure 2 - Declaration with Reference to Company’s Act.................................................................................17

Annexure 3 - Declaration for not representing more than one Firm.....................................................................18

Annexure 6 – Security Deposit – BG Format..........................................................................................................19

Annexure 7 - Bid-Securing Declaration (In lieu of EMD)........................................................................................21

Annexure 8 -Declaration & Undertaking by Micro & Small Scale Enterprises.......................................................22

Annexure 9 – Make in India Certification Format..................................................................................................23

Annexure 12 - Format for Basic Information about the Vendors..........................................................................24

Annexure 13 - Statement Of Deviations................................................................................................................25

Annexure 14 - Format for Taxes & Duties for Indigenous Vendors.......................................................................26

Annexure 16 – Certificate of Conformance w.r.t Land border with India..............................................................27

Annexure 19 - Undertaking Regarding Submission Of Genuine Information & Documents..................................28

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Tender for Sillimanite

Annexure 1 – Non-Collusive Tendering Certificate

(To be signed by an authorised person on the Tenderer’s behalf on Tenderer’s Letter head)
To
Steel Authority of India Limited
SAIL Refractory Unit
[Insert the complete name of Public Body]

Dear Sir/ Madam,

Non-Collusive Tendering Certificate for {RFQ/ Tender No. (__________ ) Date (_______ )}

1. We, (name(s) of the tenderer(s)) of (address (es) of the tenderer(s)) refer to the bid/offer against (the “Tender”).

2. Non-collusion
We represent and warrant that in relation to the Tender:
(a) Our bid was developed genuinely, independently and made with the intention to accept the Contract it awarded.
(b) Our bid was not prepared with any agreement, arrangement, communication, understanding, promise of undertaking
with any person (including any other tenderer or competitor) regarding:
I. Prices.
II. Methods, factors or formulas used to calculate prices.
III. An intention or decision to submit a bid.
IV. An intention or decision to withdraw a bid.
V. The submission of bid that does not conform with the requirements of the tender.
VI. The quality, quantity, specifications or delivery particulars of the products or services to which this tender relates.
VII. The terms of the bid, and we undertake that we will not, prior to the award of the Contract, enter into or engage
in any of the foregoing.
3. Disclosure of in case of Job/ Project Contracts
We understand that we are required to disclose all intended sub-contracting arrangements relating to the Tender to the
Plants/ Units--------, Steel Authority of India Limited, Place -------------, including those which are entered into after the
Contract is awarded. We warrant that we have duly disclosed and will continue to disclose such arrangements to the
Plants/ Units--------, Steel Authority of India Limited, Place -------------.

4. Consequences of breach or non-compliance

We understand that in the event of any breach or non-compliance with any warranties or undertakings in this certificate,
the Plants/ Units--------, Steel Authority of India Limited, Place ------------- may, at its discretion, invalidate our bid, exclude
us in future tenders, pursue damages or other forms of redress from us (including but not limited to damages for delay,
costs and expenses of re-tendering and other costs incurred), and /or (in the event that we are awarded the Contract)
terminate the Contract.

Signed for and on behalf of the (tenderer)

Signature:
Name:
Position:
Date:

Note:
Para 2(b) is not applicable to Agreements, arrangements, communications, understandings, promises or undertakings with:
a. The Plants/ Units, Steel Authority of India Limited, Place;
b. A joint venture partner, where joint venture agreements, arrangements, relevant to the bid exist and which are notified to the
Plants/ Units--------, Steel Authority of India Limited, Place-----------;
c. Consultants or sub-contractors, provided that the communications are held in strict confidence and limited to the information
required to facilitate that particular consultancy arrangement or sub-contract;
d. Professional advisers, provided that the communications are held in strict confidence and limited to the information required
for the adviser to render their professional advice in relation to the Tender;
e. Insurers or brokers for the purpose of obtaining an insurance quote, provided that the communications are held in strict
confidence and limited to the information required to facilitate that particular insurance arrangement.

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Tender for Sillimanite
f. Banks for the purpose of obtaining financing for the contract, provided that the communications are held in strict confidence
and limited to the information required to facilitate that financing.

Annexure 2 - Declaration with Reference to Company’s Act

(To be submitted on Company Letter Head of the Bidder)

(In case of any relationship between the proprietor / partner / Director of the firm/ company of the bidder with any
Employees of SRU or Director of SAIL & its subsidiaries, their names are to be disclosed)

------If there is no relationship then the following has to be submitted------

To
Steel Authority of India Limited
SAIL Refractory Unit
[Insert the complete name of Public Body]

I declare that the proprietor or any partner of our firm or any Director of our company does not have any relationship
subsidiaries within the meaning of Section 6 of the Company’s Act 1956 with any employee working in SAIL Refractory
Unit or with any Director of SAIL including its subsidiaries.

Signature:

Name:

Position:

Place:

Date:

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Tender for Sillimanite

Annexure 3 - Declaration for not representing more than one Firm

(To be submitted on Company Letter Head of the Bidder)

(If a the person or team representing the firm is also representing any other firm participating against the tender and if so,
give the details thereon to be provided)

-----In case of no such representation the following format to be provided-----

To
Steel Authority of India Limited
SAIL Refractory Unit
[Insert the complete name of Public Body]

Ref. NIT no. XXXXXXXXXXXXX Dt. YYYYY

I declare that NO person or team representing our firm is also representing any other firm participating against is tender.

Signature:

Name:

Position:

Place:

Date:

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite

Annexure 6 – Security Deposit – BG Format

Proforma of Bank Guarantee for Security Deposit cum Performance Guarantee Bond
(To be submitted on Non-judicial Stamp Paper of Value Rs 100/- in favour of SAIL Refractory Unit, BS City after Order
Finalisation . Non-judicial Stamp Paper should be purchased in the Name of Issuing Bank)
To
Steel Authority of India Limited
SAIL Refractory Unit
[Insert the complete name of Public Body]

Bank Guarantee No: ……………………….. Date: ………………

Letter of Guarantee
1. Whereas M/s ………………………………………… (herein after referred to as the Supplier) and M/S SAIL Refractory Unit
(herein after referred to as the Purchaser) have entered into a Contract vide Purchase Order No………… dated ……….
(hereinafter called the said Contract) for the supply of …………………. Metric Tonnes of …………. (hereinafter referred to as
the Materials/ Services) to the Purchaser.
2. We, ……………… (Name, address and e-mail id of the Scheduled Bank issuing the BG) at the request of the Supplier,
do hereby undertake and indemnify and keep indemnified the Purchaser to the extent of Rupees …………… against any
loss or damage that may be caused to or suffered by the Purchaser, by reason of any breach by the Supplier of any of the
terms and conditions of the said Contract and/ or in the performance of the said contract by the Supplier. We agree that
the decision of the Purchaser as to whether any breach of any of the terms and conditions of the said Contract or in the
performance thereof has been committed by the Supplier and the amount of loss or damage that has been caused to or
suffered by the Purchaser shall be final and binding on us and the amount of the said loss or damage shall be paid by us
forthwith to the Purchaser on demand and without protest or demur.
3. We, ………………………. (Name, address and e-mail id of the Scheduled Bank issuing the BG) hereby further agree
that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for
satisfactory performance and fulfillment in all respects of the said Contract and that it shall continue to be enforceable
for (a) six months after the date of Bill of Lading of the last consignment of the Materials under the said Contract or (b) in
the event of any dispute(s) between the Purchaser and the Supplier, until such period(s) the dispute is settled fully,
whichever date is the latest and that if any claim accrues or arises against us,…………………. (Name and address of the
scheduled Bank issuing the BG) by virtue of this Guarantee before the dates referred to at (a) and (b) herein above, the
same shall be enforceable against us, ……………… (Name and address of the Scheduled Bank issuing the BG)
notwithstanding the fact that the same is enforced after the date referred at (a) or (b) herein above, whichever date is
the latest, provided that notice of any such claim has been given by the Purchaser before the dates referred to at (a) or
(b) herein above, as the case may be. Payments under this Letter of Guarantee shall be made promptly upon our
receiving the notice to that effect from the purchaser on demand and without protest or demur.
4. It is fully understood that this Guarantee shall become effective from the date of the said Contract and that we,
………. (Name & address of the scheduled Bank issuing the BG) undertake not to revoke this Guarantee during its currency
without the prior written consent of the Purchaser.
5. We, ………………. (Name and address of the scheduled Bank issuing the BG) hereby further agree that the
Purchaser shall have the fullest liberty, without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Contract or to extend the time of performance of the said Contract by the Supplier from
time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the
Supplier and to forbear or to enforce any of the terms and conditions relating to the said Contract and we, ……………….
(Name and address of the Scheduled Bank issuing the BG) shall not be released from our liability under this guarantee by
reason of any such variation of extension being granted to the Supplier or any forbearance and / or omission on the part
of the Purchaser or any indulgence by the Purchaser or by any other matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have the effect of so releasing us from our liability under this Guarantee.

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
6 We, ………………. (Name and address of Scheduled Bank issuing the BG) hereby further agree that the Guarantee
herein contained is initially valid up to …………… and that the same shall be extended further according to the provisions
contained herein above. The Claim Period is two months beyond the original validity period of BG upto ……...
7. We,………………………. (Name and address of the Scheduled Bank issuing the BG) hereby further agree that the
Guarantee herein contained shall not be affected by any change in the constitution of the Supplier and/ or the Purchaser.
8. We,………………………. (Name and address of the Scheduled Bank issuing the BG) hereby further agree that this
Guarantee is operable and enforceable at BOKARO STEEL CITY branch of ………….. (Name of the Scheduled Bank), and in
case of invoking of the guarantee before expiry of the same at Bokaro Steel City Branch of the bank as mentioned above,
the Guaranteed amount or any part claim will be paid by our above named branch against written claim or demand
notice served at Bokaro Steel City branch as mentioned above on or before validity period of the Bank Guarantee.

For and on behalf of ……………. (Name, Address and e-mail id of the scheduled Bank issuing the BG)
Signature: ………………………………..
Name: …………………………
Address: …………………………..
E-Mail id:……………………………….
Phone no.: ……………………………
Duly constituted attorney & authorised signatory
Designation: ………………………………..

Note: The BG issuing Branch should send, by REGISTERED POST, an unstamped duplicate copy of the BG directly to the
KEY CONTACT PERSON indicated in NIT with a covering letter to compare with original BG submitted by Tenderer in the
closed Bid.)
The successful tenderers are requested to submit BG towards SD cum PGB as prescribed above. In case of any
clarifications/ corrections, the matter may be referred to contact person.
The BG should be operable at listed Local Branch of Bokaro Steel City.
The Claim Period should be two months beyond the original validity period of BG.

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite

Annexure 7 - Bid-Securing Declaration (In lieu of EMD)

Date: __________
NIT/RFQ No.: [insert the RFQ/NIT number]
Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To
Steel Authority of India Limited
SAIL Refractory Unit
[Insert the complete name of Public Body]

I/We*, the undersigned, declare that: I/We* understand that, according to your conditions, bids must be supported by a
Bid-Securing Declaration in lieu of Earnest Money Deposit. I/We understand that if I/We withdraw or modify our Bids
during the period of validity, or if I/We are awarded the contract and I/We fail to sign the contract, or to submit a
performance security before the deadline defined in the request for bids document, I/We will be suspended for the
period of one year from being eligible to submit Bids for all future contracts.
I/We* understand this Bid Securing Declaration shall cease to be valid if I am/we are* not the successful Bidder, upon the
earlier of :-
(i) The receipt of your notification of the name of the successful Bidder; or
(ii) Thirty days after the expiration of the validity of my/our* Bid.

Signed: [insert signature of person whose name and capacity are shown] In the capacity of
[insert legal capacity of person signing the Bid Securing Declaration]

Name: [insert complete name of person signing the Bid Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]

Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

[Note: In case of a Joint Venture, the Bid Securing Declaration must be in the name of all Partners to the Joint Venture
that submits the bid.]

*Please delete as appropriate

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite

Annexure 8 - Declaration & Undertaking by Micro & Small Scale

Enterprises
Sl No. Particulars Details

1. Is your organization Proprietary / Partnership /

Private Limited Companies / Public Limited
Company / Others
2. Does your organization belong to Micro / Small
scale Industry / others
3. Whether Manufacturer for the tendered items
(supply) / Service Provider for the tendered
services as per MSE certification.
4. In case you belong to Micro/ Small Yes

Scale Enterprises whether you are registered No

under SC/ST/Women Category If yes
(Please tick mark the appropriate)
SC
ST
Women
In addition to valid self attested registration certification the MSE/SC-ST VENDORS shall be responsible to
furnish necessary valid documentary evidence for enabling SAIL Plants/ Units to ascertain that the MSE is
owned by SC/ST entrepreneurs. MSE owned by SC/ST is defined as:
a) In case of proprietary MSE, proprietor(s) shall be SC/ST
b) In case of partnership MSE, the SC/ST partner(s) shall be holding at least 51% shares in the enterprise.
c) In case of Public/Private Limited Companies, at least 51% shares shall be held by SC/ST promoters.
For MSE owned by Women entrepreneurs, it shall mean:
a) Proprietary MSE- Proprietor shall be a Woman.
b) Partnership MSEs – Women partners to hold at least 51% share.
c ) Private limited company – Women promoter (s) to hold 51% share.
Women owned MSE bidder shall submit suitable documentary evidence as per above.
In terms of Tender Conditions applicable for Micro & Small Enterprises (MSEs), we hereby declare as
under-
a) We are a Micro / Small Enterprise, as on bid closing date of this tender.
b) We are a Manufacturer of the quoted supply item(s)/service provider for quoted services and valid
documentary evidence for same is submitted.
c) MSE certificate submitted by us is authentic & valid as on bid closing date of this tender.

We declare the above details are true. In case any of the details are found to be false/ untrue, our offer will be
liable for rejection /cancellation of order/ subjected to appropriate actions as per tender Terms & Conditions and
SAIL may take necessary steps for suspension of business dealing as per extant guidelines of SAIL.

Authorized Signatory

(With Company Seal & Signature)

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
Annexure 9 – Make in India Certification Format
Self Certificate/Certificate from the statutory auditor or cost auditor of the company (in the case of
companies) or from a practising cost accountant or practising chartered accountant (in respect of
suppliers other than companies) indicating whether they are class-I local supplier / class-II local
supplier.

(This is to be submitted along with Techno-commercial Bid by Make in India Bidder )

Declaration by Statutory Auditor of the vendor for values above Rs 10 Crs OR Self declaration for values
below Rs 10 crs.

Certificate for M/s. Steel Authority of India Ltd., ................................................................

In reference to SAIL-......... RFQ No. …………………………….. and M/s. ………….. offer no.
……………………………………………..

Reference: Government Public Procurement (Preference to Make in India) Order No. P-

45021/2/2017-BE-II dt. 15.06.2017 and amendments from time to time and as applicable

To whomsoever it may concern

I/We have verified the records & documents produced before us by the management of M/s.
…………………………………… having regd. Office …………………………………….. & having their manufacturing
facility at ……………………………………………, I/we hereby certify that the company M/s ………………………
(Bidder Name) are local supplier meeting the requirement of minimum local content of ………….% as
mentioned in the above order.

Domestic value addition for …………………. (Material Name) has been calculated as per the government
guidelines as per the above mentioned order.

Further I/we also certify that M/s …………………………………(Bidder Name) is a ………………………………… (Class
I/ Class II) local supplier and is ………………………………………….(eligible/not eligible) to avail the benefits as
per Public Procurement Order No. P-45021/2/2017-BE-II dt. 15.06.2017, as amended from time to time
and as applicable on the date of submission of tender.

Seal and Signature of Authorized Signatory

Statutory Auditor of M/s. ………………………………

(Please Note: In case the vendor gets benefit under Make in India, then they shall have to submit this
form duly filled every half of the financial year till they have completed suppliers against the Order)

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite
Annexure 12 - Format for Basic Information about the Vendors

NIT/ Enquiry Number Date:

Instructions to fill-up the Basic Information:

(i) Please use this worksheet to specify basic financial/ IR/ Contact information; an authorized person should sign the
document at relevant section.
(ii) Past Industrial Relations track record, please mention if there was closure/ cessation of work at any of your
plant(s) in the last 5 years.
(iii) Use this form as Proforma/ Format. Use additional sheets to provide relevant information.
(iv) Provide all the certified relevant documents w.r.t claims made in this Form.

1 Company’s Name
2 Ownership Details
3 Manufacturer/ Distributor/ Dealer
4 Mention, if PSU/ Joint venture with PSU/ SSI Unit
5 In case of PSU/ Central PSU or State PSU
6 In case of a Joint Venture, details of % wise equity holding
7 MSME/ SSI Unit details, if applicable
8 ISO Status
9 Whether product is ISI Marked or as per ISI
10 Contact Person & Designation
11 Phone No.
12 Fax No.
13 E-mail
14 Financial details of Turnover & profit for the last 3 years
15 Major Manufacturing Capabilities
Sl No Name Installed Capacity Utilized Present level Order Booking
&Address Capacities FY 1 FY 2 FY 3

16 Year of inception of the company/ business

17 Stocking points w.r.t to location of SAIL, SRU
18 All possible quantities of Full Truck Load (FTL)

I, hereby, certify that all information provided above is correct to the best of my knowledge.

(Signature, name & seal of the authorized person)

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 Steel Authority of India Limited, SAIL Refractory Unit, Bokaro - 827004
Tender for Sillimanite

Annexure 13 - Statement Of Deviations

(To be submitted on Tenderer’s Letter Head)

Format for STATEMENT OF DEVIATIONS from Tendered Specifications & Bid Terms

Sub: RFQ/NIT No: …………….... dated ……

Following Deviations are proposed for consideration from NIT Terms & Conditions, Specifications and Commercial Terms
& Conditions.
Section & Para of NIT DEVIATION PROPOSED REMARKS with JUSTIFICATION for
Deviation

All Other Terms & Conditions of this NIT are acceptable to us as per this NIT.

(Signature & Seal)

Place :
Date :

NOTE: If there is No Deviation, the statement should be returned duly signed with an endorsement indicating “No
Deviations” in Techno-commercial bid.

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Tender for Raw Kyanite

Annexure 14 - Format for Taxes & Duties for Indigenous Vendors

Please use this Sheet to specify the Excise Duty, Sales Taxes & other Duties.

1. GST: Applicable/ Not applicable

2. HSN number Tariff Number
3. Taxes Applicable
GST(CGST&SGST/ In Figures
IGST) In Words
(%)
Other Taxes & Duties, if applicable, (%)
Description In Figures In words

4. Please indicate the following, if applicable, for your company

GST Identification Number
Other Taxes Registration Number
PAN Number
Bank Account Number
Bank Name/ Branch Name
City in which Bank is Located

(Signature & Seal)

Name :
Designation :
Place:
Date:

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Tender for Raw Kyanite

Annexure 16 – Certificate of Conformance w.r.t Land border with India

Date: __________
NIT/RFQ No.: [insert the RFQ/NIT number]
Bid No.: [insert number of bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]

To
Steel Authority of India Limited
SAIL Refractory Unit
[Insert the complete name of Public Body]

a) "I have read the clause regarding restrictions on procurement from a bidder of a country which shares a
land border with India; I certify that I am not from such a country or, if from such a country, have been
registered with the Competent Authority. I hereby certify that I fulfill all requirements in this regard and
am eligible to be considered."

Or

b) If subcontracting is applicable, certificate content will be as under:

“I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land
border with India and on sub-contracting to contractors from such countries; I certify that I am not from such
a country or if from such a country, have been registered with the Competent Authority and will not sub-
contract any work to a contractor from such countries unless such contractor is registered with the
Competent Authority. I hereby certify that I fulfill all requirements in this regard and am eligible to be
considered."

Or

c) In case bidder is registered for this purpose, evidence of valid registration by the competent authority
should be attached.
“I have read the clause regarding restrictions on procurement from a bidder of a country which shares a land
border with India. I hereby attach valid registration by the competent authority along with this techno-
commercial bid.”

Signed: [insert signature of person whose name and capacity are shown] In the capacity of
[insert legal capacity of person signing the certificate of conformance]

Name: [insert complete name of person signing the certificate of conformance]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]

Corporate Seal (where appropriate)

*Please delete as appropriate

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Tender for Raw Kyanite

Annexure 19 - Undertaking Regarding Submission Of Genuine Information &

Documents
I …………………………………..(Name and Designation) appointed as the attorney/ authorized signatory of
the bidder (including its constituents) M/s………………………………………….. (herein after called the bidder)
for the purpose of the Tender Documents for ………………………………………………….. as per the tender No.
……………………………… of……………………………….. (SAIL), do hereby solemnly affirm and state on the behalf
of the bidder including its constituents as under:

1. I/We the bidder(s) am/are signing this document after carefully reading the contents of the
above mentioned tender.

2. I/We declare and certify that I/we have not made any misleading or false representation
anywhere in the tender submitted including the annexures thereto.

3. I/We also understand that my /our offer will be evaluated based on the documents/ credentials
submitted along with the offer and same shall be binding upon me/us.

4. I/We declare that the information and documents submitted along with the tender documents
by me/us are complete and correct and I/we are fully responsible for the authenticity and
correctness of the information and documents, submitted by us.

5. I/We understand that at any time during process for evaluation of tenders, if any information/
document submitted by me/ us are found to be suppressing facts/ forged/ false / fabricated/
fudged or incorrect, it shall lead to forfeiture of the EMD, if submitted, besides banning under
the extant Guidelines for Banning of Business Dealings of SAIL and initiating any legal action as
deemed fit by SAIL. Further, I/we ........................................ (Name of the Bidder) and all my/ our
constituents understand that my /our offer shall be summarily rejected.

6. I/We also understand that at any time after award of contract, if the certificate(s) submitted by
me/ us are found to be suppressing facts / false / forged / fabricated / fudged or incorrect, it
may lead to termination of the contract, along with forfeiture of EMD / SD and Performance
Guarantee if submitted, besides any other action provided in the contract including banning
under the extant Guidelines for Banning of Business Dealings of SAIL, and initiating any legal
action as deemed fit by SAIL.

SEAL AND SIGNATURE OF THIE BIDDER

Place:
Date:

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