28662GLOBAL TENDER - Imported Boiler Coal_Final
28662GLOBAL TENDER - Imported Boiler Coal_Final
28662GLOBAL TENDER - Imported Boiler Coal_Final
Messers: ______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Phone: +91 891 2519503 / 3500234 Ext 21015 Fax: +91 891 2518753 / 2518756
e-mail: a_chowdhury@vizagsteel.com / kandregula@vizagsteel.com /
ketha_mm@vizagsteel.com
1.0 Rashtriya Ispat Nigam Limited (RINL), Visakhapatnam Steel Plant, invites tenders for
supply of 150,000 MT of `Boiler Coal (Imported)’ in Three (3) shipments each of
parcel size 50,000MT + 10% as per Specifications indicated at PART – II of this Tender.
2.0 Last date & time for receipt of Tenders: 14.12.2022 by 10.30 HRS(IST).
3.0 Tenderers who are interested to participate in the Tender can download the Tender
document from the website www.vizagsteel.com (under MM-> MM Tenders) and submit
their offer before 10.30 hrs (IST) on 14.12.2022 as per the instructions given in
the Tender document. In case of difficulty in downloading of Tender document, the
Tender document shall be sent by Post free of cost on written request from the Tenderer.
Tenderers should refer to RINL’s website regularly for any Corrigendum /
Addendum.
1.0 Rashtriya Ispat Nigam Limited (RINL) Visakhapatnam Steel Plant, hereinafter referred to
as PURCHASER, hereby invites tenders for the supply of `Boiler Coal (Imported)’ in
conformity with the Technical Specifications given in PART - II of this Tender Document.
2.0 Quantity: RINL intends to purchase 150,000 MT of `Boiler Coal (Imported)’ with a
Shipping Tolerance of +/-10%, in Three (3) shipments, each of parcel size 50,000MT ±
10%, as per the specifications indicated at PART- II of this tender document, hereinafter
referred to as the MATERIAL.
3.0 No. of Sources: RINL / VSP intends to procure the quantity of `Boiler Coal (Imported)’,
against this tender, from a single source. In case the tendered quantity is not tied up
with single source, RINL/VSP reserves the right to increase the number of sources to tie-
up the tender quantity. However, VSP reserves the right to place order on single /
multiple sources.
3.1 Min. Bid Quantity: In case offered quantity is less than 50,000 MT +/- 10%, the offer
shall not be considered for further evaluation by RINL (VITAL).
4.0 Delivery: RINL/VSP intends to take the delivery of 150,000MT in 3 shipments, each
of 50,000MT ± 10%, in six months from the date of the Letter of Intent or
Acceptance to Tender, whichever is earlier. However, RINL / VSP reserves the
right to postpone the deliveries upto a period of two months beyond the
contracted delivery period, without any additional financial implication to the
Purchaser. Further, the tenderer shall undertake deliveries as per clause no. 2.0 of
Part-VII of draft terms and conditions of order.
Note:
a) Tenderers are requested to note VSP’s delivery schedule and quote their best
delivery considering all aspects, as applicable to the tender.
b) VSP reserves the right to reject offers not meeting VSP’s schedules / to consider
offers with best delivery schedule(s).
c) Further, failure to adhere to the delivery schedules committed in the tender shall
attract contractual remedies as contained herein.
5.1 The tenders received from the following categories of tenderers, will be considered by
RINL / VSP:
Established Coal Producer(s) owning Coal Mines and producing `Boiler Coal’
(OR)
Coal Suppliers offering Coal duly backed by a Letter of Authority in original of the
concerned Coal Mining Agency, specifically authorizing the said Coal Supplier to make
an offer in response to this Invitation to Tender.
6.0 SPECIFICATIONS:
6.1 RINL / VSP desires to procure ‘Boiler Coal (Imported)’ as per the Technical
Specifications mentioned in Column-4 of PART-II of the Global Tender. The
Tenderer is required to indicate in Column-5 of PART-II of the Global Tender, their
offered Guaranteed Maximum / Minimum specification against each of the
parameters. This will be treated as the Bidder’s Specifications. In case, Tenderers
left out indicating any parameter value in Column-5, then it will be construed that the
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 4 of 74
tenderer has accepted the desired specification values as their Guaranteed
specification values.
6.2 The bids outside the desired specifications but, within the Absolute Maximum /
Minimum Limit as stipulated under Column-6 of PART- II of the Tender Documents
would be financially evaluated as per penalties indicated at clause No:6.5 below.
However, if any of the above properties of ‘Boiler Coal (Imported)’ offered falls outside
the Absolute Maximum / Minimum limits stipulated under Column-6, such offers shall not
be considered by RINL / VSP.
6.3 Specifications offered in a manner superior to those desired by RINL / VSP will not
receive any extra credit / weightage.
6.4 In the event of an order materializing, the supplies should be as per the specifications
Guaranteed by the Bidder in Column-5 of PART-II and included in the Acceptance to
Tender.
If the guaranteed limit as per offer for Total Moisture (TM) content (on “As received”
basis) is beyond the desired limit of 6% (and within the absolute limit of 9% maximum), a
penalty of 1.0% of the quoted CFR (FO) price shall be applied for every 1.0% increase
over 6% (fractions pro-rata).
If the guaranteed limit as per offer for `Ash’ content (on “Air Dried” basis) is beyond the
desired limit of 29% (and within the absolute limit of 31% maximum), a penalty of 1.0% of
the quoted CFR (FO) price shall be applied for every 1.0% increase over 29% (fractions
pro-rata).
If the guaranteed limit as per offer for `Net Calorific Value’ (on “As Received” basis) is
below the desired limit of 5,500 Kcal/Kg (and within the absolute limit of 5,300 Kcal/kg
minimum), the FOB price shall be adjusted as per the formula given below.
If the guaranteed limit as per offer for `Total Sulphur’ content is beyond the desired limit
of 1.0% (and within the absolute limit of 1.2% maximum), a penalty of 1.0% of the
quoted FOB price shall be applied for every 0.1% increase over 1.0% (fractions pro-
rata).
In the given illustration below, the tenderer has offered technical specification beyond the desired
specification but upto the absolute specification, hence the evaluated CFR price will be arrived as below:
7.1 Offers, accompanied with Bid money (VITAL) either in US Dollars (or) in Indian Rupees
(INR) by means of either a Demand Draft or Banker cheque (both subject to realization)
drawn on any Scheduled Bank and payable to Rashtriya Ispat Nigam Ltd. at
Visakhapatnam or a Bid Bond in the form of Bank Guarantee as per the proforma placed
at PART - III is established in favour of RINL for an amount of US $ 123,400/- (US
Dollars One Hundred Twenty Three Thousand Four Hundred only) / Rs. 1,00,00,000/-
(Indian Rupees One Crore only) will be considered. No change in the prescribed
proforma of the Bank Guarantee for Bid Bond is acceptable. Further, the Tenderer is
required to submit the duly filled in Check list for Bank Guarantees along with the tender.
The check list format is enclosed at PART - III A.
The Bid Bond shall be established by any Nationalized / Scheduled Commercial Bank
through their branch / associate bank in Visakhapatnam and payable at Visakhapatnam
and claim payable at Visakhapatnam whose address is also to be specified in the Bank
Guarantee. Bonds, DD and Banker Cheques issued by Co-operative banks are not
accepted. The Bid Bond should be valid for 120 (One hundred and Twenty) days from
the last date fixed for receipt of tenders. The BG should be signed on all pages by the
concerned officer(s) of the Bank whose name, designation and Code no, should be
mentioned against their respective signatures. The BG shall be sent by the issuing Bank,
directly to RINL, Purchase Dept., under registered post (A/D) at the following address:
GM(MM)-IRM,T&S / DGM(MM)
Materials Management, 3rd Floor, A Block,
Administrative Building, Visakhapatnam Steel Plant,
Ukkunagaram, Visakhapatnam-530031,
Andhra Pradesh, INDIA.
In exceptional cases, where the BGs are received through the tenderers, the issuing
Bank Branch should be requested to immediately sent by Regd. Post A/D an unstamped
duplicate copy of the guarantee directly to RINL, Purchase Dept. with a covering letter to
compare with the original BGs.
The following categories of tenderers are exempted from submission of EMD / Bid Bond:
SSIs / MSEs and Units registered with RINL for the tendered item(s) need to submit
notarized copies of the relevant, valid registration certificates for claiming exemption of
EMD. Tenderers may please note that Traders cannot claim exemption of EMD
notwithstanding their status of registration as SSI/MSEs or otherwise.
However, they are required to establish the Performance Guarantee Bond as per Clause
11.0 of PART – VII of tender documents.
7.4 In case the offer submitted is withdrawn or modified by the tenderer in a manner
not acceptable to the Purchaser, before the expiry of validity (or) if Performance
Guarantee Bond is not submitted within the time allowed as per terms and
conditions, the Bid Bond / Bid Money shall be encashed by RINL / VSP without any
further reference to the tenderer and forfeited.
7.5 Return of EMD (Bid Money / Bid Bond): EMD (Bid Money / Bid Bond) of unsuccessful
Bidder(s) will be returned within 15 days of Award of Contract to the Successful Bidder /
intimation of rejection of the Techno-Commercial Offer. EMD of the bidder(s) on whom
Contract was awarded, shall be returned after submission of Performance Guarantee
Bond (PBG) and receipt of confirmation from bank on issuance of said PBG.
8.1 The price offered should be quoted in US Dollars on per Metric Tonne (of one thousand
kilograms each) basis in the Sealed Price Bid, as per instructions contained herein.
8.1.1 The price of the MATERIAL offered should be quoted on the basis of FOB(Trimmed) with
Port of loading. The freight rates for both Gangavaram Port (GPL) and
Visakhapatnam Port (VPT) shall also be quoted along with the FOB price (VITAL).
The CFR(FO), GPL/VPT price will be arrived by summing up above quoted FOB and
Freight rate. Tenderers must therefore quote both FOB(T) and CFR(FO) prices in the
Sealed Price Bid, as per instructions contained herein.
Note: In case of Indian firm, who is importing from foreign source, the said Offer and
Order (if any) shall be considered as Imported Supplies against this Tender and the Order
(if any) shall be placed on HIGH SEA SALES basis. The quoting of prices shall be in USD
and payment shall be in INR.
8.1.2 FOB Offer: The FOB Price of the Material for a shipment to be supplied against this
Tender shall be determined on the basis of the index based pricing mechanism as set out
below.
where the “PMP” or “Published Market Price” shall be determined as mentioned below:
i. Applicable PMP for determining FOB Price for the purpose of Evaluation of Offers:
“PMP” or “Published Market Price”, for determining the FOB Price for the purpose of
Evaluation of Offers against this Tender, means the average of the API 4 Index, as
published by Argus / McCloskey’s Coal Price Index Report, in US Dollars per metric ton
(USD/MT), for all published days in the calendar month immediately prior to the month of
the actual Tender Opening Date (TOD) { i.e. if actual TOD is in December’22, then the
applicable PMP for evaluation purpose is the monthly Average API 4 of November’22}.
ii. Applicable PMP for determining the actual FOB Price of the shipments:
“PMP” or “Published Market Price”, for determining the FOB Price for a shipment, means
the average of the API 4 Index, as published by Argus / McCloskey’s Coal Price Index
Report, in US Dollars per metric ton (USD/MT), for all published days in the calendar
month of the first day of Laycan for the shipment { i.e. if the Laycan start date of a
shipment is in December’22, then the applicable PMP for that shipment is the monthly
Average API 4 of December’22}.
Illustration:
If the “Discount as Percentage of the PMP for arriving at the FOB Price” quoted in the
Price Bids (Say) of four Techno-Commercially Acceptable Bidders A, B, C and D are
(say) “25% of PMP”, “10% of PMP”, “20% of PMP” and “30% of PMP” respectively, the
Bidders will be considered in the order of the lowest Bids as below:
1. Bidder D with FOB Price of “70% of PMP” {i.e. Discount of 30% of PMP}
2. Bidder A with FOB Price of “75% of PMP” {i.e. Discount of 25% of PMP}
3. Bidder C with FOB Price of “80% of PMP” {i.e. Discount of 20% of PMP}
4. Bidder B with FOB Price of “90% of PMP” {i.e. Discount of 10% of PMP}.
8.1.3 Freight Offer: The Freight offer for both “Gangavaram Port (GPL)” as well as for
`Visakhapatnam port (VPT)’ shall be submitted in Sealed Price Bid as per the format
given at Part-XIII of tender document, and submitted along with Techno – Commercial bid
(VOLUME - I).
8.1.4 In case a tenderer becomes L1 after Reverse E auction, and submits the break-up for
LNIP containing the FOB & freight rate for GPL; then the corresponding VPT freight rate
will be arrived considering the relativity of the freight rate offered for ‘VPT’ in terms of
Percentage (%) of freight rate offered for `GPL’.
Illustration :
i.) In case a tenderer is desirous to quote the GPL freight rate as USD 100 PMT and VPT freight
rate as USD 97.00 PMT (in physical sealed bid), then the computed relativity of VPT freight
rate in terms of Percentage (%) of freight rate offered for `GPL’ will be 97%.
ii.) In case a tenderer is desirous to quote the GPL freight rate as USD 100 PMT and VPT freight
rate as USD 107.00 PMT(in physical sealed bid), then the computed relativity of VPT freight
rate in terms of Percentage (%) of freight rate offered for `GPL’ will be 107%.
8.2 The prices quoted by the tenderer in Part-XIII (PRICE BID) shall be both in figures and
words and shall be free from corrections or erasures. In case of any discrepancy between
the price quoted in figures and words, the price quoted in words shall prevail.
8.3 Any revised bids received after the tender (Techno-Commercial bid) opening shall be
rejected unless it has been furnished in response to a specific request from VSP.
8.4 A duly signed and stamped BLANK PRICE BID in the format at Part XIII should be
submitted in the techno- commercial offer (VOLUME - I) as a confirmation that the prices
are offered as per the Price Bid format.
8.5 The Technically and Commercially acceptable offers submitted will be evaluated on
Landed Cost Net of Input Tax Credit Price (LNIP) basis, and details are given at Clause 5
of Part-IV.
9.0 Tenders will be accepted upto 10.30 Hours (IST) on 14.12.2022 (VITAL). Techno-
Commercial part of the Tender (VOLUME – I ) will be opened immediately thereafter, in
the presence of the tenderers or their authorised representatives, who may choose to be
present. The date of opening of Price Bids of the tenderers who have been techno-
commercially found acceptable shall be informed later so as to enable them or their
authorised representatives to be present at the time of opening, if they so desire.
10.0 Tenders submitted against the NIT / Tender shall not be returned in case the tender
opening date is extended / Postponed. Tenderers desirous to modify their offer / terms
may submit their revised / supplementary offer(s) within the extended TOD, by clearly
stating the extent of updation done to their original offer and the order of prevalence of
revised offer vis-à-vis original offer. The Purchaser reserves the right to open the original
offer along with revised offer(s).
a) to accept or reject the lowest tender or any other tender or all the tenders.
a) to accept any tender in full or in part. In case of Part acceptance, RINL reserves the
right to increase the Order Quantity upto the full Offered Quantity before the Validity
of the Offer.
S.No. Guaranteed
Limit to be
Unit for Absolute
Technical Desired offered by
Col.(4) & (5) Rejection
Parameters Limit Tenderer
Limit
(Bidder’s
Specifications)
(1) (2) (3) (4) (5) (6)
...........................................................
Signature and Seal of the Tenderer
(To be submitted on Non-Judicial Stamp paper of the value of Indian Rupees of One Hundred
and should have been issued in the name of the Bank issuing the BG & the date of sale of
stamp paper should be prior to the date of the BG)
To
Rashtriya Ispat Nigam Limited
Visakhapatnam Steel Plant
Administrative Building, Visakhapatnam 530 031
INDIA
Bank Guarantee No Dt
LETTER OF GUARANTEE
WHEREAS Rashtriya Ispat Nigam Ltd, Visakhapatnam Steel Plant (hereinafter referred to as
RINL) have invited Tenders vide Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022
(hereinafter referred to as the said Invitation to Tender for purchase of upto ________ MT of
`Boiler Coal (Imported)’
AND WHEREAS the said Invitation to Tender requires that any eligible tenderer wishing to
make an offer in response thereto shall establish an irrevocable Bid Bond in favour of RINL in
the form of Bank Guarantee for an amount of US $ ___________ (US Dollars _____________
only) / INR. ___________/- (Indian Rupees _____________ only) valid upto 120 (One hundred
and Twenty) days as guarantee that the tenderer:
a) shall keep his offer firm and valid for acceptance by RINL for a period of 90 (Ninety)
days from the date of opening of tenders.
b) shall, in the event of the offer being accepted by RINL, establish a Performance
Guarantee (PG) Bond in favour of RINL, in the form of Bank Guarantee covering 5 %
(five percent) of the CFR(FO) value of the quantity of `Imported Boiler Coal’ at the
price and on the terms accepted by RINL, within 15 days from the date of the
Letter of Intent/ Acceptance to Tender whichever is earlier.
AND WHEREAS M/s.................... ......... ......... (herein after referred to as the said Tenderer)
wish to make an offer in response to the said Invitation to Tender for the supply of `Boiler Coal
(Imported)’ on the basis of FOB(Trimmed) named port(s) of loading / C&F (Free out)
Visakhapatnam.
THIS BANK FURTHER undertakes that this Guarantee shall remain irrevocably valid and in
force (upto 120 days from the due date of opening the tenders) and also undertakes that this
Guarantee can be invoked at the counters of our branch at Visakhapatnam address(...........,
IFSC Code :……) to on claim lodged on us and acceptable.
---------------------
(Name of the Bank)
Signature
Name
( )
DULY CONSTITUTED
ATTORNEY AND
AUTHORISED
SIGNATORY
Designation :
Name and Address :
of the Bank
Issuing Bank IFSC Code :
Note: Issuance of this Bank Guarantee may also be got confirmed from our Controlling branch /
office / Higher Authority as hereunder
“Issuance of this bank guarantee may also be got confirmed from our
controlling branch / office / Higher Authority (Name & Address)”
12 BG contains the clause for ‘Enforceability of the same at Visakhapatnam*’ Yes / No
and the address for the same is also specified in the BG.
13 Enclosed is the Original confirmation letter from the BG enforcing and paying Yes / No
Bank/Branch at Visakhapatnam in the case BG is issued from a Bank
outside Visakhapatnam.
Note: The BGs can be accepted only when reply to all the above are ‘Yes’
Date: ………………….
INSTRUCTIONS TO TENDERERS
Note : Tenderers whose offers were considered by RINL in the previous Global
Tender Nos. 22.17.0005/0003 Dt. 23.06.2022 for supply of Imported Boiler Coal,
are exempted from submission of these Credential documents.)
Kindly note that the above information is required to assess the credibility of the vendor
not presently enlisted with RINL / VSP. The Tender of un-enlisted vendor shall be rejected
in case, RINL / VSP finds that the credibility of the un-enlisted Vendors is not satisfactory
on the basis of the Documents furnished / to be furnished RINL / VSP’s decision in this
regard is final. The Vendor shall produce originals of the above Documents for verification,
if RINL / VSP so desires. RINL / VSP’s decision in this regard is final.
1.2.1 Tenderers who may be `Boiler Coal’ Producers owning Coal mines (or) Coal Suppliers
offering Coal produced by Coal producers shall furnish information covering the following
aspects:
1.2.2 Tenderers who are Producers / Mine owner of `Boiler Coal (Imported)’ shall furnish in
original the Letter of Assurance as per proforma at PART – VIII (A) of the Tender
documents. Tenderers who may be `Boiler Coal (Imported)’ Suppliers shall furnish in
original the Letter of Authority from the `Boiler Coal (Imported)’ Producers / Mine
Owners as per proforma at PART – VIII (B) of the Tender documents, specifically
authorizing the said `Boiler Coal (Imported)’ Supplier to make an offer in response to
this Invitation to Tender. The Letter of Assurance / Letter of Authority containing specific
reference to the Tender number and date must be furnished along with the Techno-
Commercial Bid (VOLUME - I).
1.2.3 Tenderer is required to submit a certificate from a reputed international Test House
indicating the specific values of each of the parameters as mentioned in PART-II of
these Tender document individually (but not as range of values).
1.2.4 Submission of Bid Bond as per PART - III of the tender document (VITAL).
1.2.5 Submission of letter as a token of acceptance of terms and conditions mentioned in the
tender, as per the proforma at PART - V of the tender document.
1.2.6 The tenderer shall submit the details of sales made by them in the last two years along
with the copy of documents supporting the claim. The details shall include:
1.2.7 The tenderer shall also submit the latest financial performance documents in support of
their sound financial status. The documents shall necessarily include balance sheets,
profit & Loss Accounts showing the present financial status.
1.2.8 Acceptance of the technical specifications given in PART - II of the Tender document.
1.2.9 Acceptance of the Rebate / Diminution structure under Clause 6.0 of PART - VII of the
tender document.
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 15 of 74
1.2.10 Acceptance to Purchaser exercising option for F O B (or) C F R shipment (Clause 2.2 &
2.2.1 of PART - VII of Tender document)
1.2.11 Acceptance to submit Performance Guarantee (PG) Bond as per ANNEXURE - III of
PART - VII of the tender document (VITAL).
1.2.12 The Tenderer shall furnish confirmatory letter from the Principal indicating the
Commission payable to the Indian Agent in line with Para 7.0 below (in the Techno-
Commercial bid : VOLUME - I).
1.2.13 The tenderers are requested to fill up the check list enclosed at PART - VI of tender
document and submit along with the Techno-Commercial Bid : VOLUME - I.
1.2.14 Details of Independent Inspection Agency at Loadport for Weighment, Sampling and
Analysis of Material. The details should indicate Name, Address, Contact person, Phone
& Fax numbers, details of experience on the above jobs carried out by the agency.
1.2.15 Submission of Declaration regarding Income Tax towards foreign payments as per
ANNEXURE-IV to Draft Terms and Conditions of Acceptance to Tender (PART-VII).
1.2.16 Submission of Shipping / Load Port Details as per format at PART - X of the tender
document.
1.2.17 Acceptance of parcel size of 50,000 MT +/-10% shipping tolerance as per Clause 6.2 of
PART-IV.
2.0 FIRM PRICE: FOB Price of the Agreement shall be determined as set out in Clause 3.0 of
the Agreement. The “Discount as Percentage of PMP” and Freight Rates quoted by the
tenderer shall be firm for the entire tender quantity of 150,000 MT +/-10% and for the
entire period of tenderer’s performance of the Acceptance to Tender / Agreement and
shall not be subject to any variation on any account (VITAL).
2.1 CURRENCY AND UNIT OF WEIGHT: The price of MATERIAL offered should be quoted in
US Dollars on per Metric Ton basis.
The offer and complete correspondence must be effected only in English language. The Bid
prepared by the Tenderer and all correspondence and documents relating to the bid
exchanged by the Tenderer and the Purchaser, shall be written only in the English
language. Any printed literature furnished by the Tenderer may be written only in the English
language, provided that any printed literature furnished by the Tenderer may be written in
another language so long as it is accompanied by an English translation of its pertinent
passages in which case, for purposes of interpretation of the bid, the English translation
shall govern.
4.1 The successful tenderer shall be entirely responsible for all taxes, stamp duties, Licence
fees and other such levies imposed outside India.
4.2 As per the Income Tax rules in India, RINL / VSP shall report the details of any payment
including any interest or salary of any other sum chargeable to tax, being made to a non-
resident, not being a Company or to a Foreign Company. Hence, the Foreign Tenderers
shall submit declaration as per the format at ANNEXURE – IV to Draft Terms and
Conditions of Acceptance to Tender / Agreement (PART - VII) along with Techno-
Commercial Bid.
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 16 of 74
5.0 EVALUATION OF THE OFFERS :
5.1 The Technically and Commercially acceptable offers submitted will be evaluated on
Landed Net of Input Tax Credit Price (LNIP) basis. Illustration for Calculation of LNIP
for evaluation of the offers is detailed at Para – 5.7.3 below.
5.2 Tenderer is required to submit only one price offer for the tendered item. In case,
any of the tenderers specify multiple price options for different ports etc, at the option of
the tenderer, although no such requirement is specified in the tender document,
RINL shall consider the highest priced option for the purpose of inter-se comparison and
ranking among the tenders (unless specifically mentioned in the tender document).
5.3 RINL / VSP, after opening the Techno-Commercial bids / bid Document, may seek in
writing Documents / clarifications (except in case of EMD) which are necessary for
evaluation of the Tender / bid Document from the Tenderers / bidders or issuing authority
for confirmation of eligibility / pre-qualifications stipulated in the Global Tender.
5.4 There shall be no indication of Price in the Techno-Commercial bid. If prices are indicated
there, such offers are liable to be rejected.
5.5 The freight offer for `Gangavaram Port’ (GPL) will be considered for evaluation
purpose.
5.6 The offers outside the desired limits but within the absolute limits would be financially
evaluated as per Rebate / Diminution Clause 6.0 of PART-VII of Tender document. The
exchange rate as per “Note” to LNIP illustration at Clause 5.7.3 below will be taken into
account for loading on account of specifications.
In case a tenderer Offers Payment terms with lesser credit period than the period
indicated in clause 9.0 of Part-VII of tender, then such offers will be evaluated for such
lesser credit period with loading of interest as per the rate as declared by RINL time to
time (at present the interest rate for loading is @ 15% per annum).
5.7 RINL-VSP shall have the option of conducting SRM Live Auction (Reverse E-Auction) in
SAP-SRM platform. All enlisted/registered vendors of RINL would be provided User ID
and Password for participating in RINL E-Auction. If any new Bidder, who wish to
participate is not presently enlisted with RINL or not having User ID & Password, can
obtain the same by clicking on “New Vendor? Initial Registration” available in the home
page of our SRM portal, by providing requisite details, well before the due date for
submission of tender.
All technically and commercially acceptable bidders would be required to participate in the
Live Auction through VSP’s SRM portal https://srm.vizagsteel.com/ with the same User ID
and Password. User manual for participation in e-auction is available in our portal
mentioned above. In the e-auction, the bidders would be required to quote prices only on
LNIP (Landed Net of Input Tax Credit Price) basis.
5.7.1 RINL will inform all the TA & CA Tenderers of the date and time of reverse e-auction for
participation. Modalities of evaluation of Landed Net of Input Tax Credit Price (LNIP)
is given at Clause 5.7.3
5.7.2 After the Reverse e-auction is conducted, the lowest bid tenderer shall submit the break-
up of LNIP in the format of our Illustration immediately after completion of reverse e-
auction.
5.7.3 Based on the prices so received through reverse e-auction and the Price Bids, a composite
comparative statement shall be made considering the lower of prices of the Price Bids and
reverse e-auction of all the TA & CA Tenderers. Placement of orders shall be considered
on the L-1 price (LNIP) so arrived. A sample Calculation Sheet arriving at Landed Net of
Input Tax Credit Price (LNIP) is as given below.
Sample Calculation of Landed Net of Input Tax Credit Price (LNIP):
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 17 of 74
S.No. Details
1 FOB (T) Price - US$/MT (Say) 100.00
2 Freight rate to Gangavaram Port - US$/MT (Say) 10.00
3 CFR Price - US$/MT (S.No. 1 + 2) 110.00
4 CFR Price - Rs./MT (S. No. 3 * Ex. Rate) 8,580.00
5 Insurance - @ Rs. 28.5 per Lakh 2.45
6 GST on Sl. No. 5 18.00% 0.44
7 CIF Price - Rs./MT (S. No. 4+5+6 ) 8,582.89
8 DUTY STRUCTURE
9 Customs Duty @ 2.5% per MT 2.50% 214.57
10 AG Cess @ 3 % (S.Nos.9) * 3% 3.00% 6.44
11 IGST @ 5% of (7+9+10) 5.00% 440.19
12 GST Cess @ Rs. 400/MT 400.00
13 Total Duty + Cess (S.No. 9+10+11+12) 1061.20
14 Amount payable for import clearance of Cargo 1061.20
15 CIF Price incl. of Duties & Cess (S.No. 7+14) 9644.09
16 HANDLING CHARGES 295.65
17 GST 18.00% 53.22
18 TOTAL HANDLING CHARGES 348.87
19 Landed Price - Rs./MT (S No 15 +18) 9992.96
20 GST @ 5% on Ocean freight (Sl. No. 2 in Rs.) 5.00% 39.00
Final Landed Price - Rs. /MT (S No 19 + 20)
21 (Rounded off to second decimal) 10,031.96
Landed Net ITC Price (LNIP) (S.No 21-6-11-17-20) (Rounded
22 off to second decimal) 9,499.11
23 Exchange rate : 1 US $ = Rs. 78.00
Note: a) Exchange rate (the ‘M’ rate {Forex Market Rate as obtained through RINL appointed
Financial Services Company} one working day before schedule date of Reverse e auction) as
available in the auction screen at the time of Reverse e-auction shall be considered for
evaluation of the offers of both Reverse e-auction and Sealed Price Bids for making the
composite comparative statement.
In case RINL opts for only Sealed Price Bids, Exchange rate (the ‘M’ rate {Forex Market
Rate as obtained through RINL appointed Financial Services Company}) as on the date of
opening of Sealed Price Bids shall be considered for evaluation.
b) RINL/VSP, at its sole discretion, may consider export benefits available under Export-
Import Policy (Advance Authorisation Scheme etc.) in evaluation of the offers.
6.1 While quoting the price(s) on the basis of FOB(Trimmed) named port(s) of loading /
CFR(FO), GPL / VPT, the Tenderer shall confirm to the detailed shipping terms enclosed
as ANNEXURE – II A and ANNEXURE – II B to the Draft Acceptance to Tender /
Agreement (PART – VII).
6.3 Tenderers should indicate the following details of the Loadport along with Techno-
Commercial Bid (VOLUME - I):
7.1 RINL / VSP would not like the foreign Tenderers to appoint any Indian agents. In case
the Tenderer has an Indian agent, the following details shall be furnished in the offer.
7.1.1 The name and address of the Indian agent. In case the Agent / Representative is a
Foreign Company, it shall be confirmed whether it is a real substantial company and
details of the same shall be furnished.
7.1.2 Details of services rendered by the Agent; extent of authorisation and authority given to
commit the tenderer; the amount of commission / remuneration included in the quoted
FOB price for such Indian agent, shall be furnished in PART - IX in terms of
percentage of FOB price.
7.1.3 Confirmation of the Tenderer that the commission / remuneration, if any, payable to his
Indian agent, shall be paid by RINL / VSP in India in Indian Rupees. Such commission /
remuneration payable to the Indian agent will be converted to Indian Rupees considering
the lower of the rate of exchange of (i) TT buying rate of “State Bank of India” prevailing
on one day before the scheduled date of Reverse e-auction (or) (ii) as on the date of
opening of Sealed Price Bid (or) (iii) Closing bid rate as per Reuters as on the date of
payment to Seller and shall not be subject to any further exchange variation. In addition,
any other relevant detail as may be asked for by RINL / VSP subsequently, shall also be
furnished by the Tenderer.
7.1.4 There shall be compulsory registration of Indian agents with RINL / VSP. Information
shall be sent to the Indian agents after they are registered. The necessary ‘Application
Form’ for registration of Indian Agent is to be downloaded from our web site:
www.vizagsteel.com under ‘MM’ menu and ‘MM Tenders’ sub menu. The application is
to be submitted with necessary documents as contained therein along with the Techno -
Commercial Offer of the foreign Tenderer.
7.1.5 The Indian agents commission, if any, should be included in the quoted FOB price and
to be indicated in PART - IX in terms of percentage of FOB price. Further, the
tenderer shall mention whether GST is applicable on the said Indian Agent
Commission or otherwise. If applicable, the same shall also be included in the
quoted FOB price.
7.1.6 Failure to furnish correct and detailed information as called for in Para .7.1 herein above,
in the proforma at PART - IX of this Instructions to Tenderers, will render Tenderer's bid
liable for rejection or in the event of an agreement materializing, the same is liable for
termination by RINL / VSP. Besides this, there would be a penalty of banning business
dealings with RINL / VSP or damage or payment of a named sum.
7.1.7 In the event of an Agreement materializing, the terms of payment will provide for
payment of the net value of the materials delivered in each consignment, after deduction
of the amount of commission / remuneration, if any, payable to Indian agent, which will,
under normal circumstances, be released to the concerned Indian Agent on the basis of
net invoice weight, 90 (ninety) days after the discharge and acceptance of the cargo
in India and on settlement of the demurrage / dispatch claims relating to Load port and
Disport.
7.1.8 The Indian Agent shall represent only one Tenderer in the tender. In case, it is found
that the Indian Agent is representing more than one Tenderer then, all the offers
represented by this Indian Agent will be rejected.
8.1 In case an offer with deviations is considered further, it shall be loaded suitably for the
purpose of comparison of with other offers. The loading shall be done based on the
additional financial implication to which RINL / VSP may possibly be exposed on account
of such deviation. The decision of RINL / VSP in this regard shall be final.
9.0 VALIDITY OF OFFER : Each Tenderer shall keep his offer firm and valid for
acceptance by RINL for a period of 90 (Ninety) days from the actual date of tender
opening.
10.1 When the offer of a Tenderer is accepted, PURCHASER will issue Letter of Intent (LOI) to
the successful Tenderer, prior to the expiration of the period of Bid validity, by email / fax,
followed by Acceptance to Tender(A/T) by registered post or email/fax to the successful
Tenderer. The letter of Intent will constitute the formation of the Contract.
10.2 The terms and conditions of the Acceptance to Tender / Agreement shall be in accordance
with the draft of the Acceptance to Tender / Agreement for supply of the MATERIAL as
incorporated in PART- VII of these Tender Documents.
11.1 Each tenderer shall submit along with his offer confirmation of his acceptance to all the
terms and conditions of the Tender Documents. A letter as per Proforma at PART - V of
tender documents, duly signed by the Tenderer should be submitted along with the offer
as a token of acceptance of RINL's Terms & Conditions in Techno- Commercial Bid :
VOLUME - I.
11.2 If any tenderer is unable to accept any particular term(s) as incorporated in the Tender
document and proposes any deviation there-from, the Tenderer shall clearly spell out the
deviations in the Statement of Deviations to be enclosed with the letter at PART- V of
the tender documents. However, the tender shall be liable for rejection / consideration
with loading on account of deviations at the sole discretion of RINL/VSP.
11.3 No revision in the terms and conditions of the offer will be entertained after the tender
opening unless it has been furnished in response to a specific request from VSP.
11.4 In case the deviation statement is left blank and / or any Bid is silent on any clauses
mentioned in this tender document, VSP shall construe that the tenderer had accepted
the clauses as per this Tender document.
VOLUME - I (Techno-Commercial Offer) should contain all details (in Two copies,
ORIGINAL & Duplicate) on Technical specification, Credential Documents (one
ORIGINAL) other information / data and Documents required to be furnished with the
Tender.
12.2 Each part of the offer together with its enclosures should be placed in envelopes which
should bear, in Block capital letters, superscription "Tender for supply of `Boiler Coal
(Imported)’ against Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 and should also
bear superscription:
12.3 The envelopes VOLUME - I and VOLUME – II (PRICE BID) referred to in Para 12.2
above should be placed in another envelope which should be addressed to the Chief
General Manager (MM), Purchase Dept., Administrative Building, Visakhapatnam Steel
Plant, Visakhapatnam 530 031, Andhra Pradesh, India, and should bear, in Block Capital
Letters, the superscription “OFFER IN RESPONSE TO TENDER NO.
Pur.22.17.0014/0009 Dt.23.11.2022. This envelope also should be sealed. The name
and address of the Tenderer should be mentioned on this envelope as well as on the
envelopes containing VOLUME - I and VOLUME – II (PRICE BID).
12.4 The offers received by RINL / VSP, which deviate from the VITAL conditions of the
tender, as specified below, will not be considered, without further reference:
12.5 Any revised bids received after the tender (Techno-Commercial bid) opening shall be
rejected unless it has been furnished in response to a specific request from VSP.
13.1 Each Tenderer should ensure that the aforesaid conditions for submission of offers are
duly complied with. Failure to furnish correct and detailed information as called for, will
render the concerned tender liable for rejection.
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 21 of 74
13.2 RINL / VSP shall at it’s discretion give equal opportunity to all the tenderers for
clarification / rectification of any deficiencies in the tender and seek clarifications /
confirmations / documents / withdrawal of deviations from the Terms and Conditions of
Order. In case of failure to rectify the deficiencies within the time given, the tender would
be rejected / loaded as mentioned at Paras : 5.0, 8.0 & 11.0 above. In case of rejection,
–VOLUME - II (Price Part) of the tender would be returned unopened and EMD would be
refunded. RINL / VSP shall not give time as above for submission of Bid Money / Bid
Bond.
14.0 INTEGRITY PACT (VITAL) : Tenderer is required to unconditionally accept the “Integrity
Pact” enclosed to the tender document at PART – XI to the tender document and shall
submit the same duly signed along with his offer. Offer of the Tenderer received without
Integrity Pact duly signed, shall not be considered.
14.1 The details of Independent External Monitors nominated for this tender are given
hereunder :
14.2 The Nodal officer for the purpose of Integrity pact shall be:
15.0 ETHICS:
15.1 If it comes to the notice of RINL / VSP at any stage from request for enlistment / tender
document that any of the certificates / documents submitted by applicants for enlistment
or by bidders are found to be false / fake / doctored, the party will be debarred from
participation in all RINL / VSP tenders for a period of 5 years including termination of
contract, if awarded. EMD / Security Deposit etc. if any, will be forfeited. The Contracting
Agency in such cases shall make good to VSP any loss or damage resulting from such
termination. Contracts in operation anywhere in RINL / VSP will also be terminated with
attendant fall outs like forfeiture of EMD / Security Deposit, if any, and recovery of risk
and cost charges etc. Decision of RINL / VSP Management will be final and binding.
15.2 The Company requires that bidders / suppliers / contractors under this contract, observe
the highest standard of ethics during the execution of this contract. In pursuance of this
policy, the Company defines, for purpose of these provisions, the terms set forth below
as follows. “Corrupt practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a Public official in contract execution and
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 22 of 74
“fraudulent practice” means a misrepresentation of facts in order to influence the
execution of a contract to the detriment of the Employer and includes collusive practice
among Bidders (prior to or after bid submission) designed to establish bid prices at
artificial non-competitive levels and to deprive the Company of the benefits of free and
open competition. The Company will reject a proposal for award of work if it determines
that the bidder recommended for award had engaged in corrupt or fraudulent practices
in competing for the tender in question. The Company will declare a bidder ineligible,
either indefinitely or for a stated period of time, to be awarded contract / contracts if it
any time determines that the bidder has engaged in corrupt or fraudulent practices in
competing for, or in executing, the contract.
15.3 In case tenderers backs out after tender is opened in single bid tender and in two bid
tender after commercial bid/price bid is opened or after finalisation of contract punitive
action shall be taken as per prevailing guidelines.
16.1 At any time prior to the deadline for submission of the bids, the PURCHASER may, for
any reason, modify the tender terms and conditions by way of an amendment.
16.2 Such amendments will be notified on RINL’s website www.vizagsteel.com and will
be binding on the tenderers. The intending tenderers are, therefore, advised to
visit RINL’s website at regular intervals.
SRM LIVE AUCTION (REVERSE E-AUCTION): User Manual available in the home
page of VSP’s SRM portal by clicking on “Awareness on e-tendering for Vendors”
may please be followed (at page numbers 56 to 65) to participate in SRM Live
Auction.
Please go through the ‘Browser & Java Settings for E-auction’ and comply with
the same, before participating in the SRM Live Auction.
18.1 A prospective Bidder requiring any clarification of the Tender Terms and conditions may
notify the Purchaser in writing or by fax / email at the Purchaser's mailing address
indicated in this Tender document. The Purchaser will respond in writing or by fax / email
to any request for clarification of the Tender document which it receives not later than
seven (7) days prior to the deadline for the submission of bids prescribed by the
Purchaser.
******
To
Dear Sir,
With reference to your Tender Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 for
supply of `Boiler Coal (Imported), we hereby give our confirmation and acceptance of the
terms and conditions mentioned in the above captioned tender.
** There are no other deviations to the above captioned tender / Statement of deviations is
enclosed to this letter.
Thanking you,
Yours faithfully,
Note: If there are any deviations / deletions from the terms and conditions mentioned in the
tender document, a separate statement duly signed should be sent along with offer (VOLUME -
I : Techno-Commercial bid).
STATEMENT OF DEVIATIONS
……………………………………….
Signature and seal of the Tenderer
2. Address :
6. Origin :
7. Nature of Production :
Pages
c) Self Certified copies of Other Credentials like ISO Certificates etc. From To
M/s.____
Dear Sir,
Sub: Acceptance to Tender / Agreement No..........., Dt………..
Ref: 1) Global Tender No. Pur. 22.17.0014/0009 Dt.23.11.2022
2) Your offer No.
****
Rashtriya Ispat Nigam Ltd (RINL), herein after referred to as the PURCHASER, is pleased to
place this Acceptance to Tender / Agreement on you for supply of `Boiler Coal (Imported)’
herein after referred to as MATERIAL, as per the following terms and conditions.
1.0 MATERIAL:
1.1 The SELLER shall sell and the PURCHASER shall buy a total quantity of __________MT
(In words____) metric tons (of one thousand kilograms each) of `Boiler Coal (Imported)’,
hereinafter referred to as the MATERIAL, in conformity with the Technical Specifications
incorporated in ANNEXURE - I to this Acceptance to Tender / Agreement and which shall
constitute an integral part of this Acceptance to Tender / Agreement, for use in its
Thermal Power Plant for production of Power. The quality of the Imported Boiler Coal to
be supplied under this Acceptance to Tender / Agreement shall under no circumstances
be inferior to the Technical Specifications as contained in ANNEXURE - I to this
Acceptance to Tender / Agreement.
2.0 DELIVERY :
2.1 RINL/VSP intends to take the delivery of 150,000MT (in 3 shipments, each of
50,000MT ± 10%) in six months from the date of the Letter of Intent (LOI) or
Acceptance to Tender, whichever is earlier. However, RINL / VSP reserves the
right to postpone the deliveries upto a period of two months beyond the
contracted delivery period, without any additional financial implication to the
Purchaser.
2.1.1 The tenderer shall confirm the Laycans as per Purchaser’s requirement.
2.1.2 Immediately after issuance of the LOI (or) A/T, the Seller shall submit the Performance
Guarantee amount as detailed at Clause 11.0 below within 15 days of the date of the
LOI / A/T, whichever is earlier. The Purchaser shall intimate the Laycan for the first
shipment in such a manner that the start date of the Laycan shall be minimum 4/5 weeks from
the date of such intimation and Seller shall confirm the Laycan within two working days.
2.1.3 As per Purchaser’s requirement, for scheduling the Laycans for the subsequent
shipments, the Purchaser shall give advance notice of minimum 3 weeks from the start
date of such Laycan, and the Seller shall confirm such Laycan within two working days.
The Seller may propose an alternate laycan for Purchaser’s consideration, but the start
date of such alternate laycan shall not be prior to 1 week nor later than 1 week from the
start date of the laycan confirmed by the Purchaser.
2.2 RINL shall place Acceptance to Tender / Letter of Intent (LOI) for delivery of shipments
normally on FOB basis. At its sole discretion RINL / VSP shall take delivery of the
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 29 of 74
shipment either on FOB basis or CFR basis. The shipments either on FOB(T) basis or
CFR(FO) basis or part FOB(T) and part CFR(FO) basis shall be decided by the
PURCHASER, at his sole discretion. Further, RINL / VSP reserves the right to exercise
the option of FOB / CFR while giving clearance for each shipment.
2.2.1 The decision of FOB or CFR shall be communicated after placement of A/T or LOI
normally within 15 working days after confirmation of Laycan for the shipments.
For FOB terms: the PURCHASER shall arrange for chartering suitable vessels for
taking delivery of the MATERIALS on the basis of FOB (Trimmed) Port of Loading and
shall endeavor to nominate the vessels at least 2 weeks in advance from the start of the
laycan. The Seller shall load the material and effect deliveries within the delivery period.
For CFR terms: the SELLER shall charter suitable vessels at least 2 weeks in advance
from the start of the laycan and deliver the material from the agreed loadports within the
delivery period.
3.0 PRICE:
3.1 FOB Price: The FOB (Trimmed) Price Named Load Port of the Material for a shipment to
be supplied against this Agreement shall be determined on the basis of the index based
pricing mechanism as set out below:
3.2 Freight Rate: US$ ____ PMT Gangavaram Port / Visakhapatnam Port, Visakhapatnam,
India.
4.0 INSURANCE :
4.1. The PURCHASER shall, at his own expense arrange for suitable marine insurance cover
for the entire MATERIAL to be delivered by the ____________, a Company incorporated
in ________________ and having its registered office at _____________ herein after
called the SELLER.
5.1.1 The SELLER shall, at his own expense, arrange to carry out at the loadport, the
sampling and analysis of the MATERIALS delivered in each consignment, in
accordance with the relevant British Standard Specifications (BS Specifications) /
Specifications of the International Organization for Standardization (ISO Specifications) /
American Standard for Testing Materials (ASTM) or equivalent, through the independent
inspection agency at the loadport, as approved by the Purchaser. The PURCHASER
may, at his option and at his own expense, depute his representative(s) to witness the
sampling and analysis by the independent inspection agency at loadport and may also
obtain a part of the Loadport sample for testing. The SELLER shall provide necessary
assistance in this regard to the PURCHASER's representative(s).
5.1.2 The SELLER shall furnish to the PURCHASER the Certificate of Sampling and Analysis
issued by the Independent Inspection Agency at the Loadport indicating
Note : The Certificate of Sampling and Analysis shall be prepared in 6 (six) copies,
which shall be airmailed by the SELLER to the PURCHASER within 7(seven)
days from the date of Bill of Lading in respect of each shipment.
MATERIAL shall not be delivered if the loadport analysis by the above inspection agency
exceeds the absolute limits stipulated in Technical specification. Any breach of this
provision may result in the termination of the contract.
5.1.3 For any deviations, in the Certificate to Sampling and Analysis (referred under this
clause) from those laid down in ANNEXURE - I to the Draft Acceptance to Tender /
Agreement (PART - VII of the Tender Document), the SELLER shall allow rebate(s) /
diminution in price in his invoice(s) covering the delivery of the MATERIAL in the
consignment where such deviations are noticed, as specified at Clause 6.0 below in this
Acceptance to Tender / Agreement
5.2.1 The PURCHASER shall at his own expense, arrange to carry out at the disport, the
sampling and analysis of the MATERIALS delivered in each consignment, in accordance
with the relevant British Standard Specifications (BS Specifications) / Specifications of
the International Organization for Standardization (ISO Specifications) / American
Standard for Testing Materials (ASTM) or equivalent, through the independent
inspection agency at the disport. The SELLER may, at his option and at his own
expense, depute his representative(s) to witness the sampling by the independent
inspection agency at disport and may also obtain a part of the disport sample for testing.
In case Supplier desires to depute his independent inspection agency, the Supplier shall
inform the details of the said inspection agency to the Purchaser at least two days before
arrival of the Vessel at Disport.
5.3 For the purpose of this Agreement the results of analysis of the MATERIALS carried out
by the independent inspection agency appointed by Purchaser at disport, shall be final
and shall form the basis for payment.
5.3.1 In case of deviations with regard to specifications covered under Rebate / Diminution and
Moisture content as detailed as Paras: 6.0 below are observed in the analysis carried
out by the independent inspection agency appointed by Purchaser at disport, the
SELLER shall allow rebate(s) / diminution in price in his invoice(s) while claiming the
FOB(T) value of the shipment.
5.3.2 In case the analysis of the independent inspection agency appointed by Purchaser at
disport reveals the quality of the MATERIAL to be beyond the Absolute limits stipulated
in the Technical Specification, the Material stands rejected and the Provisions stipulated
in Clause 8.0 below shall govern.
6.1 Rebate / Diminution while claiming the FOB(T) value: If as per the analysis carried out
by the independent inspection agency appointed by Purchaser at disport; the values for
the parameters of Ash, Sulphur, and GCV exceed the corresponding Guaranteed limit
but falling within the Absolute limits of the said parameters, indicated in Annexure-I to
this A/T the SELLER shall allow rebate(s) / diminution in price in his invoice(s) as per the
below table while claiming the FOB(T) value of the shipment
6.2 The Absolute Maximum / Minimum limits specified in the Technical Specifications are
provided for deviations from the Guaranteed Specifications in exceptional cases only.
For such deviations from Guaranteed Specifications in exceptional cases subject to the
Absolute Maximum / Minimum Limits, the Supplier shall allow the rebates in price to
RINL on the delivery of such material. In no case the material shall be supplied with
specifications beyond these Absolute Maximum / Minimum limits.
6.3 Load port analysis shall be final for dispatch, acceptance of the material, payment and
for calculation of rebate/diminution.
7.1 The SELLER shall, at his own cost, determine the weight of the MATERIALS delivered
at the port of loading by means of draught survey which shall be conducted by the
independent agency at the load port, appointed by the SELLER and approved by the
PURCHASER (through approved licensed marine surveyors) who shall issue the
Certificate of Loadport Draught Survey Weight.
7.2 The PURCHASER may, at his own cost, determine the weight of the MATERIAL
delivered in each consignment at the Discharge port by means of draught survey which
shall be conducted by the independent agency (through approved marine surveyors)
appointed by the PURCHASER. The SELLER may, at his option and at his own
expense, depute his representative to be present at the time of determination of the
Discharge Port Draught Survey Weight.
For the purpose of this Agreement, the Weight of the Material as determined by means
of Draught Survey carried out by the independent agency (through approved marine
surveyors) appointed by Purchaser at disport, shall be final and shall form the basis for
payment.
7.2.1 Rebate / Diminution while claiming the FOB(T) value of the shipment.: Where the
Total Moisture (ARB) in the MATERIALS as disclosed in the Certificate of Sampling and
Analysis carried out by the independent inspection agency appointed by Purchaser at
disport exceeds the guaranteed limit of `Total Moisture’ indicated in Annexure-I to this
A/T, the Invoice Weight shall be reduced by the excess percentage of `Total Moisture’
over guaranteed limit @ 1.3% for every 1.0% increase over guaranteed limit (fraction
prorata), with a cut off limit of 9% Max. (Nine percent only) for shipments on FOB(T)
basis and @ 1.0% for every 1.0% increase over guaranteed limit (fraction prorata) with a
cut off limit of 9% Max. (Nine percent only) for shipments on CFR basis.
7.3 In cases of exceptional circumstances affecting the MATERIALS, such as heavy rainfall,
the Absolute Maximum Tolerance Limit of Total Moisture (on “as received” basis) may go
up to 10%. In such cases, the Invoice Weight shall be reduced by the excess percentage
of Total Moisture upto 9% as per Clause 7.2 above, and beyond 9% @ 1.45% for every
1.0% (fraction prorata) increase over 9% up to the Absolute Maximum Tolerance Limit of
10%.
8.1 If at any time during the currency of this Acceptance to Tender / Agreement, there are
significant variations between the quality of the MATERIAL stipulated in ANNEXURE - I
to Draft Acceptance to Tender / Agreement of these tender documents and the results
and / or weight determined at the loading port or at the PURCHASER’s end, the
PURCHASER and the SELLER shall meet within a specific time frame of three of four
(3/4) weeks from the date of intimation of such discrepancies by the PURCHASER to
the SELLER, to investigate the reasons for such discrepancies and to arrive at a
mutually agreeable settlement of issues as may have arisen out of the discrepancies.
8.2 If no agreeable solution as envisaged in Clause 8.1 above is arrived at, the decision of
the PURCHASER shall be final. Therefore, utmost precaution shall be exercised by the
SELLER at the time of shipment of each consignment to ensure that the specifications
stipulated under ANNEXURE - I to Draft Acceptance to Tender / Agreement are strictly
complied with.
(i) the Price arrived at after reduction for Rebates on account of Quality Variations
observed in relevant discharge port Sampling and Analysis and Indian Agent’s
Commission (if any),
(ii) the Chargeable Weight at Discharge port.
Payment terms other than the above shall be suitably loaded for evaluation.
9.1.1 All bank charges at the SELLER’s end (i.e. all bank charges outside India including
confirmation, advising, handling, reimbursement and interest charges) shall be borne
and paid for by the SELLER. All bank charges at the PURCHASER’s end shall be borne
and paid for by the PURCHASER.
9.1.2 Payment of FOB (T) value of each shipment, excluding full Indian Agents Commission,
shall be made by the PURCHASER as per disport Sampling and Analysis after making
necessary adjustments for rebates / diminution and penalty. Disport Sampling and
Analysis shall be final and binding for all parameters indicated in Technical
Specifications ( PART - II of the Tender document). In the case of supplies on CFR
terms, 100 % of freight shall be made by the PURCHASER along with the payment of
FOB (T) value of the MATERIAL.
9.1.3 The PURCHASER shall make payment to the SELLER under an Open Account system
into the SELLER’s Bank Account after receipt of requisite Performance Guarantee Bond
and confirmation from issuing bank on issuance of said Guarantee(where PBG is
submitted).
9.2 In case of material found beyond the Guaranteed Limits stipulated in Annexure-I to this
Acceptance to Tender, the penalties, as mentioned at Clause 6 above shall be
applicable.
9.3.1 2/3 set of original clean on Board Bill(s) of Lading made out to order and blank endorsed
marked Notify “ RASHTRIYA ISPAT NIGAM LIMITED, VISAKHAPATNAM STEEL
PLANT, TRANSPORT & SHIPPING DEPT., ADMINISTRATIVE BUILDING,
VISAKHAPATNAM-530 031”.
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 34 of 74
Note: For Shipments made on FOB terms - Charter Party Bill(s) of lading marked
“freight to be paid as per Charter Party” will be acceptable. For Shipments made on
CFR(FO) terms - Charter Party Bill(s) of lading marked “freight prepaid” will be
acceptable
9.3.2 Signed Final Commercial Invoices for material value containing the reference of the
Acceptance to Tender / Agreement in quadruplicate certifying that the MATERIAL
shipped are strictly in conformity with Acceptance to Tender / Agreement. Such invoices
shall also carry necessary adjustment for deviation in quality at discharge port as per
Clause : 6.0 of this Acceptance to Tender / Agreement.
9.3.3. Certificate of Sampling and Analysis issued by the Independent Inspection Agency
appointed by Purchaser at discharge port as per Cl.5.2.1 above duly certified by the
Purchaser – in duplicate. Payment will not be released if, the analysis result of any
parameter exceeds the absolute maximum / Minimum limits stipulated under column 6 of
Technical Specifications of ANNEXURE - I to this Acceptance to Tender / Agreement.
9.3.5 Discharge port Draught Survey Weight Certificate issued by the Independent Agency
appointed by Purchaser at Discharge port, duly certified by the Purchaser – in duplicate.
9.3.6 SELLER’S Certificate – in quadruplicate, confirming that the shipping documents detailed
in Clause 9.3, have been airmailed / sent through Courier Service direct to the
PURCHASER.
9.3.7 Copy of SELLER’s Fax/EMAIL advice of shipment to the PURCHASER and Insurance
Company as referred to in Clause 4.2 herein above, - in quadruplicate.
9.3.8 Certificate issued by the Producer (M/s ………...) who has supplied the material,
certifying that they have supplied the material to the SELLER for shipment by the named
vessel – in duplicate.
9.3.9 In case of CFR shipment, copy of the vessel acceptance issued by the Purchaser – in
duplicate.
9.3.10 Copy of Notice of Readiness(NOR) at the Load Port issued by vessel Master /
authorized agent for the shipment (for the purpose of levy of LD (if any), refer clause
12.1 of A/T).
9.4 Within 7 (seven) days from the date of Bill of Lading in respect of each consignment, the
SELLER shall airmail/send through Courier Services directly to the PURCHASER, the
following documents in respect of each shipment for the purpose of Customs
documentation and taking delivery of shipment:
9.5 The SELLER shall fax / e-mail the documents mentioned at Cl.9.4 above to the
PURCHASER within 7 (seven) days from the date of Bill of Lading (fax number: 0891 –
2518753 / 2518756 or e-mail at vinodh_mm@vizagsteel.com; msvijay@vizagsteel.com;
schoudhury@vizagsteel.com; ketha_mm@vizagsteel.com; ramu_ks@vizagsteel.com;).
9.7.1 Based on the above, the Seller shall provide to Purchaser a Provisional Commercial
Invoice immediately after completion of loading as per Certificate of Sampling and
Analysis at Load Port. After knowing the Final FOB Price and issue of Certificate of
Sampling and Analysis at Discharge Port, the Seller shall provide the Final Commercial
Invoice immediately.
The PURCHASER shall make payment as per the Final Invoice value.
In the event the payment due date is a not a Banking Day, the payment shall be deemed
due on the next Banking Day.
9.8 In case the order is finalized on an Indian firm, who is importing from foreign source, the
order shall be placed on HIGH SEA SALES basis and the payments shall be released in
Indian Rupees considering the lower of the rate of exchange of TT buying rate of “State
Bank of India” prevailing (i)as on one day before the scheduled date of Reverse e-auction
(or) (ii) as on the date of opening of Sealed Price Bid (or) (iii)as on the due date of
payment. Indian firm shall submit the Manufacturer Invoice with each shipment and the
Sales contract of the said Indian Firm with Manufacturer shall be submitted at the time of
signing the High Sea Sales (HSS) Agreement. HSS Agreement and Manufacturer Invoice
will be additional negotiable documents other than mentioned at 9.3 above for payment.
10.1 The period of delivery is the essence of this Acceptance to Tender. The date of the Bill of
Lading shall be the date of delivery in respect of consignment.
10.2 The SELLER shall take necessary steps to ensure that sufficient quantity of the
MATERIAL is ready for delivery at the loadport(s) as to enable the nominated vessel to
off take the ordered quantity within the delivery period.
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10.3 The PURCHASER shall endeavor to nominate vessels as per the delivery period. The
SELLER may however, accept vessels with minor changes in laydays and quantities.
10.4 The terms of delivery of the MATERIAL shall be as per ANNEXURE – II A and
ANNEXURE – II B shall constitute an integral part of this Acceptance to Tender /
Agreement.
10.5 For any delay in clearance at the port of destination on account of non-supply of shipping
documents in time and/or due to faulty documents, the SELLER would be held
responsible for any demurrage, port rent etc, which the PURCHASER may become
liable to pay to the authorities at the discharge port in India.
10.6 After nomination of the vessel by the PURCHASER as stated at Clause 10.2 above if the
SELLER fails to provide the stem and thereupon the PURCHASER is called upon to pay
the dead freight and any other charges, the same shall be to the account of the
SELLER.
11.1 The SELLER shall establish a Performance Guarantee Deposit / Bond for 5 % of the
CFR (FO) value of the contract within 15 days from the date of the Acceptance to
Tender/ LOI whichever is earlier. The Deposit shall be either by way of a Demand Draft
or Banker cheque (both subject to realization) drawn on any Scheduled Commercial
Bank and payable to Rashtriya Ispat Nigam Ltd. at Visakhapatnam. Further, the deposit
may be made through Bank (electronic) transfer to RINL bank account (as provided
based on specific request). The bond shall be established as per the enclosed proforma
at ANNEXURE – III of PART – VII of the tender documents in favour of RINL through
any nationalized bank or scheduled commercial bank in India. In case the bank
guarantee(BG) is issued by any bank out side Visakhapatnam, the same should be
routed through their branch Associated Bank in Visakhapatnam and enforceable at
Visakhapatnam whose address is also to be specified in the BG. Bonds issued by Co-
operative Banks shall not be acceptable. The Bond shall be valid for Six months from
the date of last shipment against this Acceptance to Tender / Agreement. No
change in the prescribed proforma of B.G. shall be acceptable. Further, the supplier is
required to submit the duly filled in check list for BGs along with the tender. The check
list format is enclosed at ANNEXURE - III A.
11.2 The Performance Guarantee Deposit / Bond shall be for the due and faithful
performance of the Contract and shall remain binding notwithstanding such variations,
alterations or extensions of time as may be made, given, conceded or agreed to
between the Supplier and the Purchaser under the terms & conditions of the Acceptance
to Tender / Agreement. The Supplier is to be entirely responsible for the due
performance of the Contract in all respects according to the spirit, intent and meaning of
the terms & conditions and specifications and all other documents referred to in the
Acceptance to Tender / Agreement.
11.3 The Performance Guarantee Bond shall be kept valid and in full force and effect for a
period of six months from the date of scheduled delivery of the last shipment. The BG
should be signed on all pages by the concerned officer(s) of the Bank whose name,
designation and Code no, should be mentioned against their respective signatures. The
BG shall be sent by the issuing bank directly to RINL, Purchase Dept, under registered
post (A/D). In exceptional cases, where the BGs are received through the supplier, the
issuing Bank Branch should be requested to immediately send by Regd. Post A/D, an
unstamped duplicate copy of the guarantee directly to RINL, Purchase Dept. with a
covering letter to compare with the original BGs.
11.4 Performance Guarantee Bond shall be released after six months from the date of receipt
of last shipment or one month after consumption of the total material supplied, subject to
clearance from user department, whichever is earlier, under the Acceptance of Tender
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and settlement of claims on account of demurrage / dispatch relating to load port (in
case of FOB shipment) and disport (in case of CFR shipment) for all shipments on
account of overloading / demurrage in case of last dispatch under the order.
12.1 The date of the Bill of Lading shall be the date of delivery in respect of each consignment.
In the event of the SELLER'S failure to deliver (Bill of Lading(B/L) date) the
MATERIAL within 7 days from the date of tendering of Notice of Readiness (NOR) at the
loadport, against a vessel nominated in a mutually agreed laycan, due to any reason
whatsoever, the SELLER shall have to pay as liquidated damages (and not by way of
penalty) to the PURCHASER from 8th day, a sum equivalent to half percent of the price
of any MATERIAL as per the quantity mentioned in the Bill of Lading of the vessel
concerned which the SELLER has failed to deliver, as aforesaid, for each and every
week (part of a week being treated as a full week) provided, however, such liquidated
damages shall not apply to any period of extension granted by the PURCHASER
under Force Majeure conditions given under Clause 23.0 herein below. The maximum
amount of Liquidated Damages levied on any shipment will be 10% of the value of the
MATERIAL in that shipment. Delivery of the MATERIAL after the same has become liable
for levy of liquidated damages under this Clause shall not operate as a waiver of this
right.
Note :
(1) In case of CFR shipment, NOR cannot be later than last date of the agreed laycan
unless agreed by the Purchaser.
(2) In case of FOB shipment, if the delay in commencement of loading against a vessel
nominated in a mutually agreed laycan
a) is attributable to the vessel, then LD shall not apply for the said period.
13.0 DEFAULT:
13.1 Should the SELLER fail to provide the MATERIAL for delivery by the time or times
agreed upon or should the SELLER in any manner or otherwise fail to perform the
Acceptance to Tender or should a receiver be appointed on its assets or make or
enter into any arrangements or composition with Creditors or suspend payments (or
being a company should enter into liquidation either compulsory or voluntary), the
PURCHASER shall have power to declare the Acceptance to Tender as at an end at the
risk and cost of the SELLER in every way. In such a case, the SELLER shall be liable
for any expenses, damages or losses which the PURCHASER may incur, sustain or be
put to by reason of or in connection with SELLER’s default. This Clause is however
subject to Force Majeure vide Clause 23.0 herein below.
14.1 The cancellation of the Acceptance to Tender / Agreement as stated in Clause 13.1
herein above may be either for whole or part of the Acceptance to Tender at
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 38 of 74
PURCHASER's option. In the event of the PURCHASER terminating the Acceptance to
Tender in whole or in part, he may procure, on such terms and in such manner as he
deems appropriate, supplies similar to those so terminated and the SELLER shall be
liable to the PURCHASER for any excess costs for such similar supplies. However,
in case of part termination of Acceptance to Tender by the PURCHASER, the SELLER
shall continue the performance of the Acceptance to Tender / Agreement to the extent it
is not terminated under the provisions of this Clause.
15.1 Whenever under this Acceptance to Tender / Agreement any sum of money is
recoverable from and payable by the SELLER, the PURCHASER shall be entitled
to deduct such sum from any amount then found payable to the SELLER by the
PURCHASER or which at any time thereafter may be found to be payable to the
SELLER by the PURCHASER under this or any other Acceptance to Tender with
the PURCHASER or any other unit of Rashtriya Ispat Nigam Ltd. Should this sum be
not sufficient to cover the full amount recoverable, the SELLER shall pay to the
PURCHASER on demand the remaining balance amount. This action is without
prejudice to the right of the PURCHASER to take legal action against the SELLER for
the breach of the Acceptance to Tender / Agreement.
16.0 RESPONSIBILITY:
16.1 The PURCHASER on the one hand and the SELLER on the other hand shall be
responsible for the performance of all their respective obligations under this
Acceptance to Tender / Agreement.
17.1 The SELLER shall not sublet, transfer, assign or otherwise part with the Acceptance to
Tender / Agreement or any part thereof, either directly or indirectly, without the prior
written consent of the PURCHASER.
17.2 The SELLER shall be entirely responsible for the execution of the Acceptance to Tender
by the subcontractor, if any, permitted by the PURCHASER. For this purpose, the
SELLER shall at his own cost ensure adequate inspection of the subcontractor's works
by an inspection organisation acceptable to the PURCHASER.
18.1 It shall entirely be the responsibility of the SELLER to obtain the requisite Export License
and to comply fully and to honour all procedures, regulations, policy, relevant laws of his
country for export of the MATERIAL to India and he shall keep the PURCHASER
indemnified for any losses which may accrue to the PURCHASER because of any
defect therein.
19.1 The SELLER shall be entirely responsible for all taxes, stamp duties, Licence fees and
other such levies imposed outside the PURCHASER'S country and the price indicated
in the contract shall be deemed to be inclusive of all such taxes and duties, unless
otherwise specifically mentioned.
22.0 WAIVER:
22.1 Failure to enforce any condition herein contained shall not operate as a waiver of the
condition itself or any subsequent breach thereof.
23.1 If either the SELLER or the PURCHASER be prevented from discharging its or their
obligation under this Acceptance to Tender / Agreement by reason of arrests or restraints
by Government of people, war blockade, revolution, insurrection, mobilization,
strikes, civil commotion, Acts of God, Plague or other epidemics, destruction of the
MATERIAL by fire or flood or other natural calamity interfering with the production,
loading or discharge, the time for delivery shall be extended by the time or times not
exceeding one year, during which production, loading or discharge is prevented
by any such causes as herein above mentioned. The party invoking protection under
this clause shall within 15(fifteen) days of the occurrence of Force Majeure causes put
the other party on notice supported by Certificate from the Chamber of Commerce or
concerned Governmental authority and shall likewise intimate the cessation of such
causes. The delivery shall be resumed by the Party / Parties within 15 (fifteen) days from
the cessation of the Force Majeure causes.
23.2 Should there be any interruption in the delivery of the MATERIAL due to Force Majeure
circumstances detailed in Clause 23.1 herein above, it is hereby mutually agreed
between the PURCHASER and the SELLER that the period of offtake of the MATERIAL
by the PURCHASER/period of delivery of the MATERIAL by the SELLER shall
automatically stand extended by a period not exceeding one year, equal to the actual
duration of the causes interrupting the offtake by the PURCHASER and/or delivery of
the MATERIAL by the SELLER plus a period of six weeks to enable the affected party to
make suitable arrangements for resumption of shipment.
24.0 ARBITRATION:
24.1 In the event of any dispute arising between the Parties in relation to or under this
Acceptance to Tender, the same shall be settled by Arbitration conducted in accordance
with the Rules of Arbitration of the Indian Council of Arbitration (ICA). The decision of the
Arbitration Tribunal shall be final and binding. Cost of arbitration to be borne by the losing
party. The venue and Seat of arbitration shall be Visakhapatnam, India and arbitration
shall be conducted in English language. The arbitral award shall be enforced in
accordance with the provisions of the Arbitration and Conciliation Act,1996
In case of any legal proceedings are instituted against Rashtriya Ispat Nigam Limited,
Visakhapatnam Steel Plant, they shall be instituted in the appropriate Civil courts of
Visakhapatnam and the Courts at Visakhapatnam only shall have Jurisdiction.
25.1 The Acceptance to Tender and the arbitration shall be governed by and construed
according to the laws of India for the time being in force.
26.1 It is expressly understood and agreed by and between the SELLER and the
PURCHASER that the PURCHASER is entering into this Acceptance to Tender /
Agreement solely on its own behalf and not on behalf of any other person or entity.
In particular, it is expressly understood and agreed that the Govt. of India is not a party to
this Acceptance to Tender / Agreement and has no liabilities, obligations or rights
hereunder. It is expressly understood and agreed that the PURCHASER is an
independent legal entity with power and authority to enter into contracts solely in its
own behalf under the applicable laws of India and general principles of Contract
Law. The SELLER expressly agrees, acknowledges and understands that the
PURCHASER is not an agent, representative or delegate of the Govt. of India. It is
further understood and agreed that the Govt. of India is not and shall not be liable for
any acts, omissions, commissions, breaches or other wrongs arising out of this
Acceptance to Tender/ Agreement. Accordingly, the SELLER hereby, expressly waives,
releases and foregoes any and all actions or claims, including cross claims, impleader
claims or counter claims against the Govt. of India arising out of this Acceptance to
Tender / Agreement and convenants not to sue the Govt. of India as to any manner,
claim, cause of action or thing whatsoever arising of or under this Acceptance to Tender
/ Agreement.
27.0 LANGUAGE
27.1 All Documents, all correspondence and communications to be given under this Acceptance
to Tender, and all other documentation to be prepared and supplied under this
Acceptance to Tender shall be written in English, and the Acceptance to Tender shall be
construed and interpreted in accordance with English language.
Thanking you,
Yours faithfully,
For RINL / VSP
Guaranteed
S. Technical Absolute
Unit Limit as finalized
No Parameters Limit
in Tender
17% Min. –
3 Volatile matter(ADB) %
25% Max.
Hardgrove
6 50 Min - 75 Max
Grindability Index
2.0 The PURCHASER shall charter single Decker Vessels suitable for bulk loading in the
capacity of 50,000 MT with a shipping tolerance of plus or minus 10% (Ten percent) per
voyage, at Ship Owner's (or) Charterer's (i.e. PURCHASER'S) option. In case Vessels
of other sizes are available for meeting the requirements, the PURCHASER shall have
the option of chartering and nominating such Vessels also.
2.1. While chartering the Vessels, the PURCHASER shall take into account the details
furnished by the SELLER to the PURCHASER regarding the `BOILER COAL’ loading
facilities, acceptable dimensions of the Vessels, clearance dimensions of the
MATERIALS loading gantries and sailing draught at the Load port(s).
2.2. The Vessel nominated by the PURCHASER shall be classed highest Lloyds or
equivalent, be in thoroughly seaworthy condition, comply in every respect with all
International and Local regulations, comply with all regulations governing the carriage by
sea of `BOILER COAL’ in bulk and shall be maintained as such for the duration of the
voyage.
3.0 GENERAL CP PROVISIONS: The Charter Party between the Ship Owner(s) and the
PURCHASER in respect of the Vessel(s) fixed by the PURCHASER for carriage of the
MATERIALS under this A/T shall, inter-alia, provide for the following.
3.1. The Ship Owner shall bear and pay all port dues (except port loading charges), tonnage
dues, light dues and other taxes, assessments and charges which are customarily
payable at the Load port(s) on or with respect to the Vessel(s).
3.2. The Master of the Vessel shall give E-mail advice(s) at the intervals of 10 days, 7 days,
72 hours, 48 hours and 24 hours to the SELLER regarding the ETA of the Vessel and
the quantity required to be loaded into the Vessel at the Load port.
3.3. The Master of the Vessel shall provide free use of light on board the Vessel as may be
required for working the Vessel at the Load port(s) and in each case free of expense to
the SELLER.
3.4. The Master of the Vessel shall allow on board the Vessel the authorised
representative(s) of the Independent Inspection Agency / Marine Surveyors at the Load
port(s) to witness / inspect and supervise the loading of the MATERIALS into the
hatches of the Vessel as well as to carry out draught surveys.
3.5. Bills of Lading shall be prepared on the basis of the Draught Survey Weight determined
by the Independent Inspection Agency through approved Marine Surveyors at the Load
port and such Bill(s) of Lading shall be endorsed by the Master of the Vessel or the
agents of the Ship Owner at the Load port within 24 hours after completion of loading.
The Bills of Lading must be issued in ‘CONGEN BILL FORM’ only.
3.6. The Master of the Vessel or the agents of the Ship Owner at the Load port shall release
Bill(s) of Lading marked "Freight payable as per Charter Party" immediately after
completion of loading.
4.1. The PURCHASER shall endeavour to nominate vessels as per the agreed upon Laycan.
The SELLER shall consider accommodating PURCHASER’s request, on case to case
basis, for extension of cancelling date or modification of laycan and quantities, if
required.
4.2. The SELLER shall take necessary steps to ensure that sufficient quantity of the
MATERIALS is available for delivery at the Load port(s) as to enable the nominated
Vessel to off take the ordered quantity within the delivery period.
4.3. After nomination of the Vessel by the PURCHASER as stated above, if the SELLER fails
to provide the stem and thereupon the PURCHASER is called upon to pay the dead
freight and any other charges, the same shall be to the account of the SELLER.
5.0 Upon the fixture of any Vessel by the PURCHASER for carriage of the MATERIALS
under this A/T, the PURCHASER shall communicate to the SELLER relevant particulars
of such Vessel. The PURCHASER reserves the right to appoint his own agent(s) at the
Loading port(s).
6.0 The SELLER shall arrange to deliver / load the MATERIALS FOB (TRIMMED) into the
Vessel(s) nominated by the PURCHASER and accepted by the SELLER at the Port(s) of
loading.
7.0 The SELLER shall arrange for a safe loading berth for the Vessel at the notified Safe
Loading port.
8.0 GUARANTEED LOAD RATE: The SELLER shall guarantee to load the MATERIALS
into the Vessel(s) (FOB Trimmed), at the Guaranteed Average Rate of 20,000 MT Per
Weather Working Day (PWWD) of Twenty Four Consecutive Hours on SHINC basis.
8.2. If any overtime work is performed by the crew of the Vessel at the port of loading at the
instance of the SELLER, crew's overtime shall be borne and paid for by the SELLER.
9.0 NOTICE OF READINESS (NOR): Upon arrival of the Vessel at the outer anchorage or at
the pilot station of the Load port, whether the Vessel is in free pratique or not and in berth
or not, Master of the Vessel shall serve on the SELLER the Notice of Readiness (NOR) of
the Vessel to load cargo (MASTER'S NOR) at any time in or out of the office hours.
9.1. If the Vessel, whether in free pratique or not, is found by the SELLER not to be ready in
any other respect to load after its berthing, the specific grounds on which the Vessel is
found not to be ready to load, shall be recorded by the SELLER in the STATEMENT OF
FACTS (SOF) which is also to be accepted and signed by the Master / Agent of the
Vessel at the Load port. In such an event, the Lay time shall not be deemed to have
commenced until the Vessel is in fact ready to load in all respects.
10.2. Laytime shall commence 12 hours after the time at which MASTER'S NOR is served,
whether the Vessel is in berth or not and in free pratique or not, unless the loading of the
MATERIALS sooner commenced, in which event Lay time shall count from the actual
time of commencement of loading. Any time lost by the Vessel in waiting for berth shall
also count as loading time. If the vessel arrives and commences loading before the
agreed laycan, then the laytime shall commence from the time of commencement of
loading.
11.0 The SELLER shall arrange to deliver / load the MATERIALS into the Vessel and to trim
the MATERIALS inside the hatches of the Vessel by mechanical or manual means at the
option of the SELLER in accordance with the instructions of and to the satisfaction of the
Master or the Chief Officer of the Vessel free of risk and all expenses either to the Vessel
or to the PURCHASER.
12.0 Claims for damage caused to the Vessel by SELLER or their stevedores, if any, are to be
settled between the SELLER and the Ship Owner, without any implication to
PURCHASER. The SELLER to remain responsible for settlement of such claims and
shall indemnify the PURCHASER against such claims. Any damage shall be notified in
the SOF.
13.0 Should the SELLER fail to deliver / load the MATERIALS into the Vessel(s) in full or in
part for reasons excluding Force Majeure the SELLER shall be liable to the
PURCHASER for all payments or expenses including dead freight or extra freight,
demurrage to the Vessel and/or any other charges and expenses of whatsoever nature
incurred by the PURCHASER by reason of such non-delivery.
14.0 Immediately on completion of loading of the MATERIALS into the Vessel, within 48
hours, the SELLER shall furnish the following details of shipment by E-mail to the
PURCHASER and the Insurance Company to enable the PURCHASER to take
necessary Marine Insurance Cover.
15.0 Immediately on completion of loading, the SELLER shall obtain from the Master of the
Vessel or the Agents of the Vessel at the Load port 'CLEAN ON BOARD' shipped Bill(s)
of Lading.
16.0 Immediately after completion of loading, a STATEMENT OF FACTS shall be made out
at the Load port duly signed by the Master of the Vessel / Agents of the Vessel at the
Load port and the SELLER or their Agents at the Load port. Before sailing of the Vessel
from the Load port, copies of the Statement of Facts shall be handed over to the Master
of the Vessel / Agents of the Vessel at the Loading port.
18.0 All the shipping documents like Original B/L, Certificate of Origin, Load port Sampling
and Analysis Certificate, Load port Draft Survey Weight Certificate etc. should be sent by
the SELLER to the PURCHASER immediately after completion of loading and in any
case not later than 7 days from the date of sailing of the Vessel from the Loadport by
AIR MAIL / COURIER so that the documents are received by the PURCHASER well
before the arrival of Vessel at the discharge port to take immediate delivery of the cargo.
19.0 The SELLER shall agree to comply with the International Ship and Port Facility Security
(ISPS) Code stipulated by the International Maritime Organisation, which has come into
effect w.e.f. 1st July 2004. Failure on the part of the SELLER to comply with the ISPS
code’s requirements and / or the Load port not conforming with the ISPS code and any
delays caused by such failures shall be to the SELLER’s account who shall be fully
responsible for all the consequences arising out of it.
Note :
1. Name, Address, E-mail and telephones numbers for serving Notice regarding ETA of the
Vessel and Notice of Readiness of the Vessel to the SELLER at the Load port as per
Paras 3.2 and 9.0 hereinabove :
1) TYPE OF VESSELS:
1.1 The SELLER shall effect shipment(s) in single-decker Vessels suitable for bulk discharge
based on shipment size and of age not exceeding 18 years, subject to the approval of the
Purchaser.
1.2 The vessels nominated by the SELLER shall be classed highest Lloyds or equivalent, be
in thoroughly seaworthy condition, comply in every respect with all International and Local
regulations, comply with all regulations governing the carriage by sea of Coal in bulk and
shall be maintained as such for the duration of the voyage.
1.3 The SELLER shall confirm that the nominated Vessel possesses valid statutory
certificates and complies with all directives of Government of India / DG (Shipping) reg.
suitability and/or acceptability of Vessel in respect of class/age/other technical parameters
in Indian waters/ports. The holds of each Vessel shall be cleaned before loading, to avoid
contamination. The Vessel nominated to the PURCHASER should not carry cargo for any
other party than the PURCHASER.
1.4 The SELLER shall ensure that the Vessel engaged by them for shipment of the
MATERIALS under this Acceptance to Tender/Agreement shall comply with the
limitations/requirements/conditions at the discharge port (GPL/VPT). RINL reserves the
right to handle the vessel either at Visakhapatnam Port (VPT) or at Gangavaram Port
(GPL).
The SELLER shall ensure that the charter party governing shipment of the MATERIALS
under this A/T contain, inter-alia, the following provisions:
2.1 On sailing and ten days prior to Vessels ETA VISAKHAPATNAM INDIA, the Master of the
Vessel shall give E-mail advice to the PURCHASER. Thereafter, the Master of the Vessel,
shall E-mail at intervals of 7 days/72 hours/48 hours/24 hours regarding ETA of Vessel to
the PURCHASER (Fax: +91-891-2518753 / 2518756, E-mail:
vinodh_mm@vizagsteel.com; msvijay@vizagsteel.com; schoudhury@vizagsteel.com) as
well as to under mentioned Port Office of the PURCHASER.
2.2 The SELLER shall arrange for the Vessel to bear and pay all port dues / charges (except
port unloading charges), tonnage dues, light dues, and other taxes, assessments and
charges which are customarily payable at Indian Port(s) of discharge on or with respect to
the Vessel(s).
2.3 Each Geared Vessel shall hold a valid Gear Certificate in conformity with the International
Dock Safety Convention, covering the duration of each voyage and confirming that all the
gears have been duly tested. The Gear Certificate shall be made available by the Master
of Vessel to the representative of the PURCHASER for perusal, after the berthing of the
Vessel.
2.4 The Master of the Vessel shall allow on board the Vessel the authorized representatives
of the independent cargo inspection agency / marine surveyors appointed by the
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PURCHASER / Customs Authorities and provide such information / assistance as may be
required by them in connection with the performance of their assigned duties.
2.5 The Master of the Vessel shall provide free use of light on board the Vessel as may be
required for working the Vessel at the port(s) of discharge at all times and in each case
free of expense to the PURCHASER.
2.6 The opening and the closing of the hatches of the Vessel shall always be done by the
Vessel’s crew and the cost involved therein and the time used thereof shall be to the
account of the Vessel even if the Vessel is on demurrage.
2.7 In the event of the Master of Vessel exercising lien on the cargo (i.e the MATERIALS) for
non-payment of freight, extra freight, dead freight, demurrage and damages for detention
of the Vessel at the Indian port(s) of the discharge, the SELLER shall on receipt of E-mail
intimation from the PURCHASER, take immediate remedial measures and shall cause
appropriate instructions being issued to the Master of the Vessel to proceed with the
discharge of cargo (i.e. the MATERIALS). Any time lost between the receipt of notice of
lien by the PURCHASER from the Master of the Vessel and the withdrawal of such notice
shall be to the account of the Vessel.
2.8 The overtime of the crew shall be to the account of the Vessel unless ordered by the
PURCHASER.
2.9 In case of claim for damage caused to the Vessel during discharging, such claims to be
presented by the Master immediately after the damage has been sustained with the third
party damage report, failing which, PURCHASER shall not be responsible. Claims for
damage caused to Vessel by Stevedore during discharge at VPT/GPL shall be settled
between Ship-owners and Stevedore, failing which, PURCHASER to assist for settlement
of such claims. In all cases, the Vessel is to notify the PURCHASER / Stevedore, in
writing, prior to Vessel’s departure from discharge port, of any alleged damage to the
Vessel by Stevedore along with third party damage report and failure to do so shall bar
any claim thereafter.
The Master of the Vessel shall get a joint survey conducted with the Stevedore to
determine the extent of damage sustained to the Vessel. The joint survey must be
conducted before departure of the Vessel from the port in which damage took place. Such
claims shall be lodged by the Master of the Vessel on the Stevedores promptly after the
damage has been sustained and then confirmed in writing duly supported by the Third
Party Damage Report prior to vessel’s departure from the port of discharge, failing which
the claim shall stand barred and stevedore shall stand absolved and relieved of all
responsibility.
3.1 SELLER shall so arrange for each shipment of MATERIALS hereunder to conform to the
agreed Delivery Schedule and shall nominate each Vessel atleast 2 weeks in advance
from the commencement of the Laycan to the PURCHASER by E-mail including the
following details of the Vessel(s) viz.
The PURCHASER, upon receipt of such nomination, shall E-mail to the SELLER within
1 (One) working day, his acceptance or otherwise of the above nomination.
3.2 The SELLER shall consign the Vessel to PURCHASER / their agent for Cargo related
work at the Indian port(s) of discharge at the customary agency fee payable by the vessel
to such agent. The Vessel shall appoint its own protective agents for vessel related work
at the Indian port(s) of discharge.
3.3 Within 48 hours of sailing of the Vessel from the Load port, the SELLER shall give the
following details by E-mail to the PURCHASER :
4.1 The PURCHASER shall have the option to discharge cargo from the Vessel at a second
safe berth at the same port of discharge. In the event of PURCHASER exercising the
option as aforesaid, the Shifting time from anchorage to berth or vice-versa and from one
discharging berth to another discharging berth shall not count as Laytime used and the
expenses involved in shifting the vessel shall be to the Vessel’s account, even if the
Vessel is already on demurrage.
4.2 If the Port authorities order the shifting of the Vessel to another safe berth at the same
port of discharge, the time involved in shifting and the cost thereof shall be to the account
of the Vessel.
Upon arrival of the Vessel within the port of discharge and in free pratique and after being
ready in all respects to discharge the cargo (including documentation and vessel related
payments to port), the Master of the Vessel shall serve on the concerned Port office(s) of
the PURCHASER (referred to in Clause 2.1 herein above) the Notice of Readiness (NOR)
of the Vessel to discharge cargo (MASTER’s NOR) in writing at any time in or out of the
office hours.
After tendering NOR & upon berthing, if the vessel is found not ready in all aspects to
discharge cargo, the Notice of Readiness (NOR) issued shall be invalid. A fresh NOR
shall be issued when the vessel is ready in all respects for discharge operations and the
Lay time shall count after the expiry of turn time from the time of serving valid NOR.
6.2 The time taken by the Vessel for proceeding from anchorage to the berth shall be treated
as transit time and shall be to the account of the Vessel, even if the Vessel is on
demurrage.
6.3 In the Statement of Facts, there should be proper notation as to the delays either to the
shore side or to the Vessel. The time used for grab fixing, gangway placement, draft
surveys, Customs formalities and any delays attributable to the vessel shall not count as
lay time even if the Vessel is already on demurrage.
6.4 No time shall be counted during rain periods and bad weather, as mentioned in SOF and
on NWWD, as declared by Visakhapatnam Port Trust (VPT) / Gangavaram Port Ltd
(GPL), even if discharge operation is continued for some part of time, unless the Vessel is
already on demurrage.
6.5 If, after berthing, the Vessel is found by the Port Authorities / PURCHASER not ready in
all respects to discharge, laytime will not commence until the Vessel is in fact ready in all
respects to discharge.
6.6 In the event of breakdown of gears / cranes / winches and other equipment of the Vessel
by reason of disablement or insufficient power etc. the period of such insufficiency shall
not count as Lay time, irrespective of whether the Vessel is on demurrage or not.
6.7 Time lost by reason on any or all of the following causes preventing discharge of the
cargo shall not be computed as Lay time unless the Vessel is already on demurrage:
7.1 The SELLER shall deliver the MATERIALS free in Vessel’s holds, reachable on arrival
always afloat in one or two safe berths at the nominated port of discharge.
7.2 The Master of the Vessel shall make available all the hatches for discharge of cargo,
throughout the period the Vessel is worked for discharge of cargo, unless the
MATERIALS in other hatches are completely discharged.
7.3 Subject to the provisions herein above, the PURCHASER will guarantee to discharge the
cargo at the average rate of 25,000 MT for GPL (23,000 MT for VPT) PWWD of 24
consecutive hours SHINC.
9.1 In the time sheet based on the aforesaid STATEMENT OF FACTS, the computation of
Laytime used shall be based on the provisions contained herein. Dispatch, if any, shall be
calculated on the basis of ‘Working time saved’. The rate of Demurrage/Despatch in USD
PDPR HDWTS shall be as per Charter Party, which shall be as per market but subject to
a cap (ceiling) of USD 36,700 PDPR HD WTS for Demurrage. In the case of dispatch, the
SELLER shall remit the agreed amount of despatch to the PURCHASER. In the case of
demurrage, the PURCHASER shall remit the agreed amount of demurrage to the
SELLER.
9.2 The SELLER shall submit Laytime statement of Demurrage / Dispatch calculation within
30 days of completion of discharge. On agreement of Laytime calculations between
SELLER and PURCHASER in respect of each Vessel, demurrage / dispatch payment
shall be effected directly within 30 days from the date of receipt of the claim (Debit Note).
In any case, the settlement of demurrage / dispatch shall be completed within 90 days
from the date of discharge completion.
****
(To be submitted on Non-judicial stamp paper of value of Indian Rupees one Hundred and
should have been issued in the name of the Bank issuing the BG & the date of sale of stamp
paper should be prior to the date of the BG)
To
Rashtriya Ispat Nigam Limited,
Visakhapatnam Steel Plant,
Administrative Building,
Visakhapatnam – 530 031.
LETTER OF GUARANTEE
2. We, ______________ (name of the bank and branch) at the request of the SELLER, do
hereby undertake and identify and keep indemnified the PURCHASER to the extent of US$
___________________________________) against any loss or damage that may be
caused to or suffered by the PURCHASER by reason of any breach by the SELLER of any
of the terms and conditions of the said Acceptance to Tender / Agreement and / or in the
performance of the said Acceptance to Tender / Agreement buy the SELLER. We agree
that the decision of the PURCHASER as to whether any breach of any of the terms and
conditions of the said Acceptance to Tender / Agreement or in the performance thereof has
been committed by the SELLER 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 of the bank and branch) 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 Acceptance to
Tender / Agreement 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 Acceptance
to Tender / Agreement or (b) in the event of any dispute(s) between the PURCHASER and
the SELLER, 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 of the bank and branch) by
virtue of this guarantee before the dates referred to at (a) and (b) hereinabove, the same
shall be enforceable against us, ______ (name of the bank and branch), notwithstanding the
fact that the same is enforced after the dates referred to at (a) and (b) hereinabove,
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 52 of 74
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) and (b) hereinabove, as the case may be.
Payment 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
Acceptance to Tender / Agreement and that We, ______ (name of the bank and branch)
undertake not to revoke this Guarantee during its currency without the prior written consent
of the PURCHASER.
5. We, ______ (name of the bank and branch) 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 Acceptance to Tender / Agreement or to
extend the time of performance of the said Acceptance to Tender / Agreement by the
SELLER 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 SELLER and to forbear or to enforce any of
the terms and conditions relating to the said Acceptance to Tender / Agreement and we,
______ (name of the bank and branch) shall not be released from our liability under this
Guarantee by reason of any such variation or extension being granted to the SELLER or
any forbearance and/or commission 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.
6. We, ______ (name of the bank and branch) hereby further agree that the Guarantee herein
contained is initially valid upto ____________________ and that the same shall be
extended further according to the provisions contained herein above. We ______ (name of
bank and branch) hereby further undertake that this guarantee can be invoked at the
counters of our branch at Visakhapatnam (IFSC Code :.......) whose address is given below
and which shall cater to the claim lodged on us and shall be acceptable :
________________
________________
7. We, ______ (name of the bank and branch) hereby further agree that the Guarantee herein
contained shall not be affected by any change in the constitution of the SELLER and/or the
PURCHASER.
FOR AND ON BEHALF OF
Name of the bank & branch
Signature:
Name:
Duly Constituted Attorney & Authorised Signatory
Designation
Name of the bank & branch
Issuing Bank IFSC Code :
Visakhapatnam
Date:
Note: Issuance of this Bank Guarantee may also be got confirmed from our Controlling
branch/office/Higher Authority as hereunder.
“Issuance of this bank guarantee may also be got confirmed from our
controlling branch / officer / Higher Authority (Name & Address)”
12 BG contains the clause for ‘Enforceability of the same at Visakhapatnam*’ Yes / No
and the address for the same is also specified in the BG.
13 Enclosed are the Original confirmation letter from the BG enforcing and Yes / No
paying Bank/Branch at Visakhapatnam in the case BG is issued from a Bank
outside Visakhapatnam.
Note: The BGs can be accepted only when reply to all the above are ‘Yes’
Date: ………………….
(on the letter head of the party to be submitted along with Techno-Commercial Bid)
To
This is to certify that ------------------ (Name and Address of the Party) is a tax resident of --------
-------- (Name of the country) in terms of Article --------- of the Double Taxation Avoidance
Agreement (DTAA) between India and --------- (Name of the Country) and as certified by the Tax
authorities of ---------- (Name of the Country) in the enclosed Tax Residency Certificate along
with self declaration Form 10F.
As such, any income arises under the price towards the above functions payable by VSP / RINL
against the subject contract as mentioned in (ref of relevant clause of price schedule) is
subjected to Article ----- of India - --------- (Name of Country) DTAA, i.e. under the heads
“Business Income”.
We further declare that no activity is carried out in India in connection with that supply and that
no Permanent Establishment is existing in India / no role is played by Permanent Establishment
if any, exists. So as required under Article ------ of DTAA between India and -------- (Name of the
Country) the remittances under the above said supply contract is not chargeable to tax in India.
Hence, as per Section 195 read with Section 90 (2) of the Indian Income Tax Act 1961, the
responsibility of withholding tax on such remittance does not arise with RINL. In case it is
otherwise proved by the Income Tax authorities and any levy of taxes / penalties on RINL, M/s -
-------------------- (Name of the Party) shall indemnify RINL on this account.
Yours faithfully,
# To be Left blank by the Tenderer, and RINL / VSP will fill up the contract /AT number in case
of an Order is placed on the tenderer.
Sl. Details #
Nature of information
No.
(i) Status (individual, company, firm etc.) of the assesses
(ii) Permanent Account Number (PAN) of the assesses if
allotted
(iii) Nationality (in the case of an individual)
Or Country or specified territory of incorporation or
registration (in the case of others)
(iv) Assessee's tax identification number in the country or
specified territory of residence and if there is no such
number, then, a unique number on the basis of which the
person is identified by the Government of the country or
the specified territory of which the assesses claims to be
a resident
(v) Period for which the residential status as mentioned in
the certificate referred to in sub-section (4) of section 90
or sub-section (4) of section 90A is applicable
(vi) Address of the assesses in the country or territory outside
India during the period for which the certificate,
mentioned in (v) above, is applicable
Signature: ___________________________________
Name : __________________________________
Address : __________________________________
Verification
To
CHIEF GENERAL MANAGER (MM),
BLOCK 'A' PURCHASE DEPARTMENT,
ADMINISTRATIVE BUILDING,
RASHTRIYA ISPAT NIGAM LTD.,
VISAKHAPATNAM STEEL PLANT,
VISAKHAPATNAM 530 031,
ANDHRA PRADESH,
INDIA
Dear Sir,
We ........................ (name & address) an established and reputed `Boiler Coal (Imported)’
Mine owner / Producer of............... (name and address of mine) do hereby make an offer in
response to the subject Invitation to Tender.
In the event, our offer being considered by RINL for acceptance, we shall be responsible
for the due and timely performance of the Acceptance to Tender / Agreement.
We hereby extend our full guarantee and warranty for the goods offered for supply against
this Invitation to Tender.
Yours faithfully,
(NAME)
(Note: This letter of authority should be on the Letter Head of `Boiler Coal (Imported)’ Mine
owner / Producer and should be signed by a person competent and having the power of
attorney to bind the `Boiler Coal (Imported)’ Mine owner / Producer).
To
CHIEF GENERAL MANAGER (MM),
BLOCK 'A' PURCHASE DEPARTMENT,
ADMINISTRATIVE BUILDING,
RASHTRIYA ISPAT NIGAM LTD.,
VISAKHAPATNAM STEEL PLANT,
VISAKHAPATNAM 530 031,
ANDHRA PRADESH,
INDIA
Dear Sir,
Sub: Your Global Tender No. Pur. 22.17.0014/0009 Dt.23.11.2022
In the event, the offer made by M/s .................... being considered by RINL for acceptance
both M/s....................and ourselves shall be jointly and severally responsible for the due and
timely performance of the Acceptance to Tender / Agreement.
We hereby extend our full guarantee and warranty for the goods offered for supply against
this Invitation to Tender by the above firm.
Yours faithfully,
(NAME)
To
CHIEF GENERAL MANAGER (MM),
Block 'A' Purchase Department,
Administrative Building,
Rashtriya Ispat Nigam Ltd.,
Visakhapatnam Steel Plant,
Visakhapatnam-530 031 (A.P).
Dear Sir,
Sub: Your Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 for supply of
`Boiler Coal (Imported)’.
1. With reference to the subject tender, we wish hereby inform you that we have appointed
……………………. as our Indian Agent and furnished the commission / remuneration
payable to them in the Price Bid (VOLUME-II). The other details are given below:
d Correspondence Address
e Contact Person
f Mobile Nos.
g Phone Nos.
h Fax Nos.
i E-mail IDs
j Web Address
k Extent of authorization (copy of Agreement /
MOU in this regard is enclosed)
l Commission payable to Indian Agent in terms
of percentage of FOB Price
2. We are aware that the commission / remuneration, if any, payable to the Indian
agent, shall be paid by you in India in Indian Rupees considering the lower of the rate
of exchange of (i) TT buying rate of “State Bank of India” prevailing on one day before
the scheduled date of Reverse e-auction (or) (ii) as on the date of opening of Sealed
Price Bid (or) (iii) Closing bid rate as per Reuters as on the date of payment to Seller
and it shall not be subject to any further exchange variation and shall be paid only in
Indian Rupees after deducting income tax as applicable and other statutory dues, if any.
In case of such deductions, necessary certificate shall be issued as per government
notification/ law of the land.
3. In the event of an Agreement materializing, the terms of payment shall provide for
payment of the net value of the materials delivered in each consignment, after deduction
of the amount of commission / remuneration, if any, payable to Indian agent, which
shall, under normal circumstances, be released to the concerned Indian Agent on the
basis of net invoice weight, 90 (ninety) days after the discharge and acceptance of the
cargo in India and on settlement of the demurrage / dispatch claims relating to Loadport
and Disport.
4. It is declared that the Indian Agent is an Independent Agent and is acting on behalf of
the non-resident in the normal course of his business as a broker, general Commission
Agent or as an Independent Agent and ;
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 59 of 74
(a) He does not have and habitually exercises in India, an authority to conclude contracts
on behalf of the non – resident ;
(b) He does not habitually maintains in India a stock of goods or merchandise from which
he regularly delivers goods or merchandise on behalf of the non-resident ;
(c) He does not habitually secures orders in India, mainly or wholly for the non-resident
or for that non-resident and other non-residents controlling, controlled by, or subject
to the same common control, as that non-resident ;
(d) He does not work mainly or wholly on behalf of the non–resident (principal non –
resident) or on behalf of such non – resident and other non-resident which are
controlled by the principal non – resident or having a controlling interest in the
principal non – resident or are subject to the same common control as the principal
non – resident ;
The above mentioned facts are true and in case any Indian Income tax liability arises on
RINL / VSP by virtue of any incorrect statement in the above declarations, we would
indemnify RINL / VSP for the consequences
Thanking you,
Yours faithfully,
3. Restrictions, if any, :
(as to Vessel dimensions
etc.) at the Port of Loading,
type and size of Vessel
5. Clearance dimensions of :
the Coal loading gantries
8. Stowage Factor :
THE TENDERER AGREES TO COMPLY WITH THE INTERNATIONAL SHIP AND PORT
FACILITY SECURITY(ISPS) CODE STIPULATED BY THE INTERNATIONAL MARITIME
ORGANISATION, WHICH HAS COME INTO EFFECT W.E.F 1ST JULY 2004. FAILURE ON
THE PART OF THE TENDERERS TO COMPLY WITH THE ISPS CODES REQUIREMENTS
AND/ OR THE LOAD PORT NOT CONFORMING WITH THE ISPS CODES AS STATED IN
Clause 18.0 of ANNEXURE - II A TO DRAFT AGREEMENT HEREINABOVE AND ANY
DELAYS CAUSED BY SUCH FAILURES SHALL BE TO TENDERER’S ACCOUNT.
INTEGRITY PACT
And
Preamble
The Principal intends to award, under laid down organizational procedures, a contract for
(nature of contract, in brief). The Principal values full compliance with all relevant laws of
the land, rules, regulations, economic use of resources, and of fairness/transparency in its
relations with its Bidder(s) and /or Contractor(s).
The Principal will nominate Independent External Monitor (IEM) by name, from the panel of
IEMs, at the Tender stage, for monitoring the Tender process and the execution of the
contract in order to ensure compliance with the Integrity Pact by all the parties concerned.
(1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles:-
b. The Principal will, during the Tender process treat all Bidders with equity and
reason. The Principal will in particular, before and during the Tender process,
provide to all Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the Tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the PC Act / applicable law, or if there be a substantive
suspicion in this regard, the Principal will inform the Chief Vigilance Officer of RINL
and in addition can initiate disciplinary action.
(1) The Bidder/ Contractor commits to take all measures necessary to prevent
corruption and commits to observe the following principles during his participation in
the Tender process/during the contract execution (in case of Bidder to whom the
contract has been awarded).
a. The Bidder/Contractor will not, directly or through any other person or firm, offer,
promise or give to any of the Principal’s employees involved in the Tender process
or the execution of the contract or to any third person any material or other benefit
which he/she is not legally entitled to, in order to obtain, in exchange, any advantage
of any kind whatsoever during the Tender process or during the execution of the
contract or to vitiate the Principal’s Tender process or contract execution.
c. The Bidder/Contractor will not commit any offence under the PC Act/ Applicable
law, like paying any bribes or giving illegal benefit to anyone including employees of
RINL, to gain undue advantage in dealing with RINL or for any other reason etc.
Further, the Bidder/Contractor will not use improperly, for purposes of competition or
personal gain, or pass on to others, any information or Document provided by the
Principal as part of the business relationship regarding plans, technical proposals
and business details including information contained or transmitted electronically.
d. The Bidder/Contractor of foreign origin shall disclose the name and address of their
Agent(s)/representative(s) in India, if any. Similarly, the Bidder/Contractor of Indian
Nationality shall furnish the name and address of the foreign supplier/contract
Agency, if any. Further details, as mentioned in the Guidelines on Indian Agents of
Foreign “Suppliers/contract agencies”, shall be disclosed by the Bidder/Contractor,
wherever applicable. Further, as mentioned in the Guidelines, all the payments
made to the Indian agent(s)/representative(s) have to be in Indian Rupees only.
Copy of the Guidelines on Indian Agents of Foreign “Suppliers/contract agencies” is
enclosed.
e. The Bidder/ Contractor will, when presenting his bid, disclose any and all payments
he has made or committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.
(2) The Bidder/Contractor will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
(2) If the Bidder/Contractor, before award of contract or after award of contract has
committed a transgression through a violation of Section 2 above or in any other
form such as to put his reliability or credibility in question, the Principal is entitled to
disqualify the Bidder from the Tender process or to terminate the contract, if already
awarded, for that reason, without prejudice to other remedies available to the
Principal under the relevant GCC of the Tender/contract.
(4) If it is observed after payment of final bill but before the expiry of validity of Integrity
pact that the Contractor has committed a transgression through a violation of any of
the terms under Section 2 above during the execution of contract, the Principal is
entitled to exclude the Contractor from future Tenders/Contract award processes.
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 63 of 74
(5) The exclusion will be imposed for a Period not less than six (6) months and, up to a
maximum period of three (3) years.
(6) If the Bidder / Contractor can prove that he has restored/ recouped the damage to
the Principal caused by him and has installed a suitable corruption prevention
system, the Principal may revoke the exclusion before the expiry of the period of
such exclusion.
(1) If the Principal has disqualified the bidder from the Tender process prior to the award in
accordance with Section 3 above, the Earnest Money Deposit (EMD)/Bid security
furnished, if any, along with the offer as per the terms of the Invitation to Tender
(ITT) shall be forfeited. This is apart from the exclusion of the Bidder from future
Tenders as may be imposed by the Principal, as brought out at Section 3 above.
(2) If the Principal has terminated the Contract in accordance with Section 3 above, or if the
Principal is entitled to terminate the Contract in accordance with Section 3 above, the
Security Deposit/performance bank guarantee furnished by the Contractor, if any, as
per the terms of the ITT/Contract shall be forfeited without prejudicing the rights and
remedies available to the Principal under the relevant General conditions of contract.
This is apart from the exclusion of the Bidder from future Tenders as may be
imposed by the Principal, as brought out at Section 3 above.
(1) The Bidder declares that, to the best of his knowledge, no previous transgression
occurred in the last five (05) years with any Company or Organization or Institution in
any country or with any Government in any country conforming to the anticorruption
approach that could justify his exclusion from the Tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
Tender process. The contract, if already awarded, can be terminated for such
reason.
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors.
(3) The Principal will disqualify from the Tender process all bidders who do not sign this
Pact or violate its provisions.
(1) The Principal appoints competent and credible Independent External Monitor with
the approval of Central Vigilance Commission. The IEM reviews independently, the
Global Tender No. Pur.22.17.0014/0009 Dt.23.11.2022 Page 64 of 74
cases referred to him or written complaints with all details received directly by him to
assess whether and to what extent the parties concerned complied with the
obligations under this Integrity Pact,
(3) The IEM is not subject to instructions by both the parties and performs his functions
neutrally/independently. The IEM will submit report to the CMD, RINL.
(4) The Bidder(s)/Contractors(s) accepts that the IEM has the right to access without
restriction, to all Tender/contract Documentation of the Principal including that
provided by the Bidder/Contractor. The Bidder/Contractor will also grant the IEM,
upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his Tender/contract Documentation. The same is applicable
to unrestricted and unconditional access to Tenders / contract Documentation of
Subcontractors also. The IEM is under contractual obligation to treat the information
and Documents of the Bidder(s)/ Contractor(s)/Subcontractor(s) with confidentiality.
(5) IEM will have the right to attend any meeting between RINL and Counterparties in
respect of the cases falling under the purview of IP.
(6) As soon as the IEM notices, or believes to notice, a violation of this Pact, he will
inform the Principal and request the Principal to discontinue or take corrective action
or to take other relevant action. The IEM can, in this regard, submit non binding
recommendations. Beyond this, the IEM has no right to demand from the parties that
they act in a specific manner, refrain from action or tolerate action.
(7) The IEM will submit a written report to the CMD-RINL within four (04) to six (06)
weeks from the date of reference or intimation to him by the Principal/ receipt of the
complaint and, should the occasion arise, submit proposals for corrective actions for
the violations or the breaches of the provisions of the agreement noticed by the IEM.
(8) IEM may also submit a report directly to the CVO of RINL and the Central Vigilance
Commission, in case of suspicion of serious irregularities attracting provisions of the
PC Act/ applicable Law.
(9) Expenses of IEM shall be borne by RINL/VSP as per terms of appointment of IEMs.
(10) The word ‘Monitor’ means Independent External Monitor and would include both
singular and plural.
(1) This Pact comes into force upon signing by both the Principal and the
Bidder/Contractor. It expires for the Contractor twelve (12) months after the last
payment under the contract, and for all unsuccessful Bidders, six (06) months after
the contract has been awarded and accordingly for the Principal after the expiry of
respective periods stated above.
(1) This Pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. Visakhapatnam, State of Andhra Pradesh,
India.
(2) Changes and supplements as well as termination notices need to be made in writing.
Side agreements to this pact have not been made.
(3) If the Contractor is a partnership firm/ Consortium, this Pact must be signed by all
partners/ Consortium members, or their Authorized Representative(s) by duly
furnishing Authorization to sign Integrity Pact.
(4) Should one or several provisions of this Pact turnout to be invalid, the remaining part
of the Pact remain valid. In this case, the parties will strive to come to an agreement
with regard to their original intentions.
(5) Wherever he or his is indicated in the above sections, the same may be read as
he/she or his/her, as the case may be. Similarly, wherever Counterparty or Bidder or
Contractor is mentioned, the same would include both singular and plural.
_______________________ _____________________
(For & On behalf of the Principal) (For & On behalf of Bidder/
Contractor)
(Office Seal) (Office Seal)
Place _____________________
Date _____________
Witness 1: Witness 2:
(Name & Address) (Name & Address)
_____________________________ _____________________________
_____________________________ ____________________________
4.1 Failure to furnish correct information in detail, as called for in para 2.0 and/or 3.0 above
will render the bid concerned liable for rejection or in the event of materialization of
contract; the same is liable for termination by RINL. Besides this, other actions like
banning business dealings with RINL, payment of a named sum etc., may also follow.
1. RINL may ban/ suspend the Business Dealing with the agency / remove the agency from
the list of registered supplier/ contractors (with / without inter connected agencies) at any
stage of the contract viz. Tendering, Awarding, Execution and during or even after expiry of
Defect Liability Period/ Warranty/ Guarantee Period on the following grounds:
(Note: The examples given above are only illustrative and not exhaustive. RINL may decide
to ban/suspend business dealing for any good and sufficient reason. Any other banning
clauses mentioned elsewhere in the Tender Documents shall also be considered as a
ground for banning/suspension of business dealing.)
3. Any allegation(s) against an agency with good and sufficient reasons for banning business
dealing with the agency, except for banning of business dealings with foreign suppliers of
coal/ coke, shall be put up to Standing Banning Committee (SBC) of RINL for investigation.
4. In case of removal of the agency from the list of registered vendors/ contractors of RINL, the
agency shall not be disqualified from competing in Global/ Open Tender Enquiries
(GTE/OTE) but Limited Tender Enquiry (LTE)/ Single Tender Enquiry (STE)/ Short Open
Tender (SOT) may not be given to the agency concerned.
5. If the allegations against any agency are of a serious nature, RINL may suspend business
dealings with the agency (with / without inter connected agencies) pending investigation,
with/ without any show cause notice. The suspension shall be for a maximum period of nine
months (six months initial extendable by three months in case investigations are not
completed) or till the decision of SBC, whichever is earlier. In case of suspension of the
agency, RINL may consider to discontinue all the existing contract(s) with the agency.
During the period of suspension, no further business dealing including placement of orders
against tenders under finalization shall be made with the agency w.e.f. the date of
suspension.
6. After issue of suspension order, till the conduct of the agency is under investigation, RINL
will not entertain any correspondence / argument from the agency (except receiving reply to
the show cause notice).
7. If the agency desires some information / clarification or desires to see any document before
replying to the show-cause notice, the agency may appear in person in the Standing
Banning Committee meeting on the stipulated date and time wherein the agency will be
furnished the desired information including sharing of relevant document. If the agency
requests for inspection of any relevant document in possession of RINL, necessary facility
for inspection of documents will be provided. The agency may correspond only with the
SBC.
8. Convener SBC shall issue notice to the agency asking him/her to attend the meeting in
person or informing him/her that he/she may send his/her representative. The date, time and
venue of the meeting shall be clearly mentioned in the notice. To meet the ends of 'Natural
Justice ', two opportunities will be given to the agency to send their representative. In case
of failure, SBC can proceed ex parté.
9. Opportunity will be given to the agency to submit any documents or evidence in his defense
to SBC. Cross examination of the agency if required shall also be done by SBC.
10. The Banning Order based on the investigation by SBC shall be issued to the agency. In
case of Banning of Inter -connected agencies the copy of the Banning Order shall be sent
to known inter-connected agencies also.
11. Banned/Suspended agencies are not eligible for submission of quotations/offers against
any type of tender (GTE/OTE/LTE/STE/SOT) during the period for which they have been
suspended/banned for business dealings with RINL and if submitted, those quotations/
offers will be treated as unsolicited and shall not be considered.
12. The agency may file an appeal against the Banning Order to CMD-RINL within 30 days
from the date of issue of the Banning Order.
14. RINL may decide to circulate the name of agency with whom business dealings have
been banned, to the Government Departments, other Public Sector Enterprises, etc. for
such action as they deem appropriate.
15. If business dealing with any agency has been banned by the Central or State Government
or any other Public Sector Enterprise, RINL may, without any further enquiry or
investigation, issue an order banning business dealing with the agency and its inter-
connected agencies.
Terms related to Eligibility of a Bidder sharing land border with India or otherwise
I. 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
Tender means :-
IV. The beneficial owner for the purpose of (III) above will be as under:
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;
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;
Date:
To,
GENERAL MANAGER (MM)I/C,
BLOCK 'A' PURCHASE DEPARTMENT,
ADMINISTRATIVE BUILDING, III FLOOR,
RASHTRIYA ISPAT NIGAM LTD.,
VISAKHAPATNAM STEEL PLANT,
VISAKHAPATNAM 530 031.
Sub: Tenderer’s Declaration Certificate as per Rule 144 (xi) in the GFR, GoI, Ministry of
Finance, Department of Expenditure, Public Procurement Division, Order dated
23.07.2020 (F.No.6/18/2019-PPD).
We have read the clause regarding restrictions on procurement from a bidder of a country which
is from such a country and has been registered with the Competent Authority. (Where
(Authorised Signatory)
Name:
Designation:
Contact details:
Seal:
2 Country of Origin
3 Port of loading
...........................................................
Signature and Seal of the Tenderer