Cement Corporation of India Limited (A Govt. of India Enterprise)

An ISO 9001:2008 Certified Company CIN – U74899DL1965PLC004322

Bokajan Cement Factory – 782 490 Dist. Karbi Anglong :: Assam

Phone 03675 – 246106/246109, Fax No. 03675-246107 E-mail ID: bokajanmm@gmail.com & bokajancement@gmail.com

Ref. No. BKJ/MM/M-5622/17-18 Dated……………2017.

To,

M/s………………………………………….

………………………………………………

………………………………………………

Dear Sir,

Sub: - Tender for supply of Air Separator Auxiliary Fan with Hub, As per Drg. No. 10:00:105 & 10:00:106.

We are enclosing our Tender Documents for the above work for your perusal please.

Your offer in sealed cover containing separate sealed cover i) Commercial Bid ii) Price-Bid along-with address in accordance with our terms and conditions of the tender, which should reach us as per the schedule given below: -

------------------------------------------------------------------------------------------------------------------------Particulars Time Schedule ----------------------------------------------------------------------

Date & Time of Date & Time of Submission of Tender opening of tender --------------------------------------------------------------------------------------------------------------------

i) Commercial Proposal along-with EMD Up to 2.00 P.M. 2.30 P.M. and duplicate copies of CCI’s tender documents duly signed (each page Dated 11.01.2018 Date 11.01.2018 initialed) as a token of acceptance of terms and conditions.

ii) Price Bid upto On the same date OR at a later date ------------------------------------------------------------------------------------------------------------------------

Contd……………2.

From Page: 2 :

2. EMD must be submitted along with commercial bid for a value of Rs. 38,000/- (Rupees Thirty Eight thousand) by way of DD/FD/BG (in CCI’s prescribed format enclosed) and must not be enclosed with the price bid (refer Clause- I of Part-II) and favour of M/s. Cement Corporation of India Ltd., Bokajan payable at SBI, Bokajan (Banker’s code No. 2028).

The validity of offer should be kept open for acceptance for 120 days from the date of opening of commercial proposal.

The price bid should be submitted only in prescribed CCI Price Bid format otherwise the tender would be liable for rejection.

Tender document should comprise the following: -

a) Covering letter which must be submitted by the tenderers duly signed.

b) Part – I – Instructions to tenderers

c) Part – II – General Terms & Conditions

d) Part – III – Special Terms & Conditions

e) Price bid proforma (Price schedule).

Please confirm your participation by return post.

Thanking you,

Yours faithfully,

for: Cement Corporation of India Ltd.,

HOD (MM).

(TO BE FILLED IN BY THE TENDERER)

Ref.: - Date: _________________

The HOD (M.M),

CEMENT CORPORATION OF INDIA LIMITED,

BOKAJAN CEMENT FACTORY – 782 490.

DIST. KARBI ANGLONG (ASSAM).

Sub: - Tender for Supply of Air Separator Auxiliary Fan with Hub, As per Drg. No.

10:00:105 & 10:00:106.

Ref: Your Tender Notice No. Date………………

Dear Sirs,

With reference to your tender notice mentioned under reference for the subject work, we. I hereby submit our/my tender along with the declaration form in separate sealed cover superscribed COMMERCIAL BID. The terms & conditions as mentioned in the tender document are acceptable to us/me and one copy of our terms & conditions in part-I, II and III (each page duly signed with seal by us/me) is enclosed.

1. The price bid is enclosed in the separate sealed envelope superscribed ‘PRICE BID’.

2. A copy of PAN Card duly attested by a Gazetted Officer as on _______________________ is enclosed.

3. The list of present contracts / jobs in hand as per Annexure –“C” duly filled in/is enclosed.

4. Earnest Money Deposit of Rs. 38,000/- (Rupees Thirty Eight thousand) only vide bank Draft No._________________ dtd.__________________ drawn on State Bank of India, Bokajan (Code-2028) FDP No.______________________ dtd. ___________________ /FD/DD/BG No. ________________________ dtd.______________ of Bank is enclosed.

5. A duly attested registered Capital Partnership Deed/ Memorandum of Article of Association by partnership Firm/ Company is enclosed herewith.

6. Certificate as per annexure-B whether any Officer (s) of CCI organization is / are related to me/ us is enclosed.

7. The certificate from banker is connection with the financial position is enclosed.

8. If we/I fail to commence the work specified above and to give our/my confirmation of acceptance of work in writing within fifteen (15) days of being asked to do so, we/I agree that the Corporation shall be, without prejudice to any other right or remedy, at liberty to forfeit the entire Earnest Money without reference to us/me. Otherwise, the said Earnest Money shall be retained by the Corporation towards Security Deposit. We/I agree that the Corporation will forfeit the Earnest Money if the offer given is modified/withdrawn within the validity period or extended period by us/me.

9. We/I further agree to execute all the work referred to in the said documents on the terms & condition contained or referred to therein and as detailed in the above documents and to carry out such deviations as may be desired by the Corporation or its authorized representative.

11. We/I hereby declare that we/I have not been debarred from tendering contracts in any of the Departments of Government, semi-Government and local authorities.

12. We/I also certify that the information given by us/me in the tender document is correct and if at any stage the same is found to be in-correct, the contract will be terminated/rescinded and action should be taken against us/me by the corporation for damages.

13. We/I am/are fully authorized/empowered to sign all the tender documents on behalf of our/my firm/company. (Note strike out whichever is not applicable)

(A). NAME OF THE TENDER

(IN BLOCK LETTERS)

(B) FULL POSTAL ADDRESS: (C) TELEGRAPHIC ADDRESS:

(D) PHONE NUMBER: RESIDENCE:

OFFICE

(E) FAX NO.: Yours faithfully,

Place:

Date: (SIGNATURE OF TENDERER WITH SEAL)

WITNESS:

(1). ---------------------------------------------------- Place :

Date :

(2) ---------------------------------------------------- Place:

Date :

CEMENT CORPORATION OF INDIA LIMITED

BOKAJAN CEMENT FACTORY

DIST. KARBI ANGLONG: ASSAM

PART – I: INSTRUCTIONS TO TENDERS GENERAL: -

1. The Tender should be addressed to the officer who invited the tenders. Any offer made in response to this tender, when accepted by the cement Corporation of India Ltd., will constitute a contract between the parties.

2. SUBMISSION OF TENDER: -

A. Every tender shall be made out in English. All amounts shall be indicated by the tenderer in figures as was as in words there is any difference between prices quoted in figures and in words lower of the two shall prevail. Tender should be free from over writings. All corrections and alternations should be duly attested by the tenderer. The word “NOT QUOTED” should be written against items in the schedule for which the tenderer does not wish to quote.

B. The tenderer is to be sent by post or deposited in the tender box kept for this purpose in the office of CCI so as to be available within the due date and time fixed, in a sealed envelop in the manner prescribed below : -

i) Commercial terms & conditions should be sent in a separate sealed cover and should be

superscribed as “COMMERCIAL BIDS”.

ii) The Price portion should be sent in a separate sealed cover and should be superscripted “PRICE

BID”.

iii) Both these sealed covers should be sent in a separate sealed cover and all the envelopes should

be marked as under: -

Offer for: -

CCI’s Tender No.: -

Date of opening of Tender: -

iv) In the event of the tender being submitted by a firm, it must be signed separately by each partner

thereof. In the event of absence of any partner, it must be signed on his behalf by a partner

holding power of Attorney authorizing him to do so.

v) In the case of a company, the tenderer should in the manner as laid down in the “Company’s

Articles of Association”.

vi) A true copy of a company of the partnership Deed/Articles of Memorandum of Company duly

attested should furnished.

vii) Tenders received after specified time and date are liable for rejection.

C. Tenders not submitted in the prescribed format and not complete in all respects are likely to be rejected.

D. Tender documents are non-transferable. Only those firms can participate in those names the

tenders have been sold.

E. The tender with terms & conditions in Part-I, II & III duly signed on each page shall be sent along with the Earnest Money Deposit with a covering letter as prescribed. Earnest Money Deposit shall not be kept in the PRICE BID, but shall be enclosed with the “COMMERCIAL BID”.

F. Tenderers shall not be entitled to claim any costs, charges expenses or incidentals in connection with the Preparation and submission of their tenders even through the Corporation may decide to

withdraw the “Invitation of Tender” or reject any/all tender (S) without assigning any reason

thereof.

G. Attested photocopy of the PAN allotment letter / PAN card should be submitted.

3. OPENING OF TENDER : -

Tender will be opened on the specified date and time in the office of the officer inviting the tender

or as directed by him, in the presence of such of those tenderers who may choose to be present. The

representatives will have to establish their identity to the satisfaction of the Corporation by

producing introductory letters from the firm/ company, otherwise they may not be allowed to be

present at the tender opening. If specific date of Tender opening falls under holiday/bandh etc. then

the same will be open in next working day.

B. The tenders, which are not received in separate cover, as explained above, are liable for rejection.

4. CLEAR UNDERSTANDING : -

When a tender submitted his tender in response to the tender document he will be deemed to have

under stood fully about the requirement, terms & conditions. No extra payment will be made or any

other claim whatsoever entertained on the pretext that the tenderer did not have a clear idea of any

particular point (s).

5. VALIDITY OFFER: -

Tenders shall remain open for acceptance for four (04) months or as be specified from the actual

date of opening of commercial bid. No revision/modification on the tendered rate will be allowed

during the period of original validity of tender the extended period except for any

reduction/revision as may be asked for specifically by CCI during negotiations.

6. REFERENCE LIST: -

The tenderer (s) should submit along with their (s) the list of unexecuted orders in hand, if any,

for the same/similar jobs and period by which jobs are proposed to be completed (proforma

enclosed at Annexure “C”).

7. AWARD OF CONTRACT: -

A. The corporation reserves the right:

i) To accept in its sole and unfettered discretion any tenderer for whole or part quantities/part

work or to reject any or all tenders without assigning any reasons therefore and without entitling

the tenderer to any claims whatsoever.

ii) To award the contract to one or more number of firms, either on equal price or on different prices.

iii) To enter into parallel contracts simultaneously or at any time during the period of contract with one or more tender(s) as the Corporation may deem fit.

iv) To place ad-hoc order simultaneously or at any time during the period of contract with one or more tender(s) for such quantity and for such jobs as the Corporation may deem fit.

v). The firms, which have failed to fulfill earlier contractual obligations, may not the considered.

B. If no separate agreement has been signed by the parties to the contract, the LOI/Order resulting this tender including all negotiations and detailed order to be issued subsequently, with its terms & conditions and stipulations as agreed to by the tenderer and to the extend modified during negotiation, constitutes the contract agreement relating to the work between the successful tenderer and the Corporation and the parties shall be bound by the terms & conditions and all provisions of this contract.

C. The Corporation does not bind itself to accept the lowest or any tender or to assign any reason

for non-acceptance of the same.

D. The Corporation shall mean and include the administrative and executive officers of its Corporate

Office at New Delhi as well as of factories/projects as the case may be who are identified to deal

with matter relating to this contract on its behalf.

8. The tenderer should be well experienced in the line of work under consideration. In proof of the

same, the tenderer should furnish documentary evidence such as Xerox copies of W.O.S.

executed by him for the part two (02) years in public sector/Reputed Private Sector units for the

works of Similar nature. Certificate of satisfactory performance of works issued by them can also

be considered. The tenderer should have required personnel, Machinery, Financial soundness

so as to be competent and capable for the job under consideration.

9. Offers without the documents mentioned above (to be furnished with the commercial bids) are

liable for rejection.

10. “The tenderer should go though the Integrity pact in detail and should submit the same, duly signed by Proprietor / Director / Partner. The conditions of the Integrity Pact, shall be applicable, during the period of the contract or extension thereof. In case the contract is sub-let by the successful Tenderer with the permission of the Corporation, the Principal Contractor / successful Tenderer shall take responsibility for adoption of Integrity Pact by the sub-contractor”.

************00000000000**************

CEMENT CORPORATION OF INDIA LIMITED

BOKAJAN CEMENT FACTORY – 782 490

DISTT. KARBI ANGLONG: ASSAM

PART- II: - GENERAL TERMS & CONDITIONS.

01. PRICE:

(a) Prices are to be quoted on the basis of F.O.R. destination i.e. C.C.I., Bokajan. Prices shall be

inclusive of IGST/CGST/SGST and other charges / levies on all brought out items including raw

materials which are going into assembly of the end product/finished goods. Any variation on this

account will in no Case be claimed by the supplier from the Corporation.

(b) The IGST/CGST/SGST, if any other items ordered however shall be paid by the corporation at the

rates prevailing on the date of scheduled delivery or at the rates prevailing on the date of supply

whichever is lower.

(c) Price should include transit insurance premium also.

(d) The prices are to be quoted on firm basis and there shall be no variation of the same during the

period of contract unless specifically agreed to and provided in the contract.

(e) The price changed for the stores supplied under the contract by the supplier shall in no way exceed

the lowest price at which the person during the period of contract.

(f) If at time, during the said period the supplier reduces the sale prices of such stores of sells such

stores to any other person at a price lower than the price changeable under the corporation, and

the price payable under the contract for the stores supplied after the date of coming into force,

such reduction or sale shall stand correspondingly reduce.

02. IGST/CGST/SGST TAX: -

“The IGST/CGST/SGST, if applicable, will be paid on the cost of the finished goods being supplied,

as per the rate (%) prevailing at the time of scheduled delivery period, subject to the supplier

claiming the same a separate item on their bill.

The supplier shall furnish the following certificate on the body of the bill towards claiming the

aforesaid amount for IGST/CGST/SGST.

It is certified that the goods, on which GST has been charged, have not been exempted under GST

Act or the rules made thereunder. The amount charged under / on account of IGST / CGST / SGST

on these goods are not more than what is payble under the provisions of the relevant Act or the

rules made thereunder”.

04. PACKING AND MARKING: -

(a)All machines and equipments shall be adequately packed to protect them against all damages,

pilferage, rust etc. during transit and from atmosphere. Packing shall adequate and suitable for

transport by rail, Road as required. Each packet shall contain order No. and date.

(b) Each consignment must relate to one purchase order only, where dispatch of material against

more than one order in a single consignment / case is warranted the material against each order

should be packed separately. Order number should be visibly marked outside all packages for easy

identification.

(c) Any loss, Damage or pilferage in transit due to fault / inadequate packing will be to the account of

the supplier.

(d) All packing and forwarding charges are to be borne by the supplier.

05. DELIVERY: -

(a) Liquidated Damages for delay in delivery shall be lived at the rate of ½ % of the contract value per

forth night or part thereof for the quantity late executed. The liquidated damages however shall be

subject to a ceiling of 5 % of the late executed value. The corporation will however not be bound to

prove that it has suffered too the extent of the liquidated damages claimed.

(b) The time and date of delivery are the essence of contract and the goodsmust be dispatched within

the time and subject to the conditions specified. Otherwise the Corporation will have the option to

cancel the whole or any part of order or purchase the material from alternative source at the risk,

responsibility and cost of the supplier.

06. FREIGHT: -

(a) Stores ordered for, must be dispatched in such a way that the total freight charges whether based

on cubic measurement or weight should be minimum keeping in view that the under consignments

are to be avoid.

(b) The supplier shall obtain clear and un-conditional Railway receipt / parcel way bill / lorry Receipt

for the Carrier.

(c) The supplier shall have to make arrangements for the dispatch of all oversize dimensional

consignments to purchaser’s site and shall be responsible for taking permission, if necessary, from

the Railway authorities for the movement of such oversize consignments from the Station of

dispatch to destination Station. All expenses incurred in this connection shall be borne by the

supplier.

07. INVOICING: -

(a) Two copies of Invoice, packing list / delivery challan alongwith Railway / Lorry Receipt / Parcel

way bill or similar other documents should be sent to the consignee. The documents as above

should be sent within 72 hours of dispatch of the consignments to avoid payment of demurrage /

wharfage charges.

(b) A telegraphic intimation giving details of RR/LR/PWB, consignment details, such as No of

packing, weights and values shall be sent to the consignee in advance.

(c) Two copies of Invoices of which one shall be original duly pre-receipt alongwith, Packing List /

Delivery Challan shall be sent to the paying Authority. In case the dispatch documents are to be

sent to the paying Authority within 72 hours of the dispatch of the consignment.

(d) One copy of the Invoice alongwith a copy of Packing / Delivery challan shall be sent to the HOD

(MM), CCI. Ltd., Bokajan Cement Factory – 782490, Dist. Karbi Anglong: (Assam).

(e) If any extra charges including wherfage or demurrage are incurred in taking delivery of the

consignments due to supplier’s failure to observe the conditions mentioned above, the same will

be recovered from the supplier.

08. INSPECTION: -

(a) The equipment / critical items shall be inspected at the manufacturer’s works or the purchaser’s

plant site by the corporation at its discretion or its consultants representative. For this purchase,

the supplier shall readiness of the stores for inspection. However this inspection shall in no way

absolve the supplier of this over all responsibility of workmanship quality and performance

guarantee offered by the Supplier. All dispatch documents shall accompany inspection

Certificates, if any, issued by the Inspecting Authority.

(b) The material on receipt at the factory / project will be inspected. The supplier shall have to replace

the materials, if any, found defective at site on free of cost basis.

09. WARRANTY REGARDING QUALITY OF MATERAIL SUPPLIED: -

(a) Suppler shall guarantee that the all the equipments supplied by them whether manufactured by

them or sub-contractor or purchased from any other source and supplied to the Corporation, shall

be new and free from all defects arising due to defective material or manufacturing defects. The

equipment supplied shall be of first class workmanship with effective design.

(b) The supplier shall warranty to replace, rectify or repair free of cost at the factory site the

component or at par of machinery proved to have become un-serviceable due to nay of the above

defects within a period of 12 months from the date of use of the materials or 18 months from the

date of dispatch of the material, whichever, is earlier. In the event of the supplier’s not complying

with the above within a reasonable time the Corporation will have the option to rectify, repair or

replace the defective parts / machinery after giving 3 weeks notice to the suppler and recover the

cost from the suppler.

10.0 EARNEST MONEY DEPOSITE: -

Rs. 38,000/- (Rupees Thirty Eight thousand) only is to furnished by Demand Draft in favour of

M/s. Cement Corporation of India Ltd., Bokajan payable at S.B.I., Bokajan (Banker’s Code No.

2028).

10.1 All tenderers including those registered with the Corporation should furnish Earnest Money

Deposit or specified by way of Bank Draft or Fixed Deposit Receipt (FDR) in favour of Cement

Corporation of India Ltd., Payable at STATE BANK OF INDIA, BOKAJAN (CODE 2028) or Bank

Guarantee from any nationalized scheduled Bank for equivalent amount as per CCI’s format.

Tender received without the Earnest Money Deposit, as specified in the tender, will be liable for

rejection. Any other money held by or pending with the Corporation against any other contract

will not be adjusted/treated as EMD for this tender.

10. 2 Earnest Money will be forfeited if the rates are revised or modified upwards during the validity

period or extended period. Earnest Money will also be forfeited if the security deposit is not

furnished or work not started after acceptance of the tenderers offer by CCI.

10.3 If work is not started after acceptance of tender / offer and depositing of security deposit, the

EMD will be forfeited.

10.4 The Earnest Money Deposit will not bear any interest.

10.5 The Earnest Money Deposit of successful tenderers deposited in the form of D.D, would be

adjusted towards the portion of the Security Deposit and that of others will be refunded, except

in the cases mentioned in 1.2 above.

10.6 Public Sector Undertakings (Central/State) and SSI Units registered with NSIC are exempted

from submission of Earnest Money Deposit. The SSI Units shall furnish a documentary proof to

the effect that they are registered with NSIC along with the tender document.

11. 0 SECURITY DEPOSIT: -

11.1 The amount of Security Deposit as specified in the terms and conditions of the tender/LOI shall be deposited by successful tenderers within 15 days of acceptance of offer i.e. issue of Rate Contract/P.O.

11.2 Failure to furnish security deposit in accordance with the conditions of the tender i.e. within 15 days of the acceptance of offer/issue of Rate Contract/ P.O. will be considered to be breach of contract, which would give the Corporation the right to terminate the contract and forfeit the EMD amount for such breach of contract. The Corporation will also be entitled to take any other course of action against the successful tender as it may deem fit like stoppage of business dealings/debarring from tendering etc.

11.3 The security deposit may be made either by Bank Draft drawn or Bank Guarantee in favour of Cement Corporation of India Ltd., Bokajan Branch (Code No. 2028). In the prescribed form the given in annexure-II valid for 6 months beyond the date of completion of contract with a further claim period of 3 months. The earnest money deposit in the form of Bank Draft will be adjusted towards portion of security deposit, in the case of successful bidder.

11.4 If work is not started after acceptance of tenders offer, EMD/SD will be forfeited.

11.5 In the event of any approved upward revisions in the value of the contract, the successful tender will on receiving intimation shall make further deposit as specified by the Corporation towards the increased value of the contract.

11.6 The security deposit will not bear any interest. The Corporation reserves the right to adjust

security deposit towards any amount due to it from the successful tenderer and in such an event

the successful tenderer on receipt of notice from the Corporation shall make, further deposit to

restore the security deposit to the full amount.

11.7 The security Deposit shall be liable to be forfeited wholly or party at the sole discretion of the Corporation, should the successful tenderer either fail to complete the jobs assigned to him/them as per agreed time schedule or to fulfill his/their contractual obligations or settle in full his/their dues to the corporation.

11.8 The Corporation is empowered to deduct from the Security deposit or from any other outstanding amount any sum that may be fixed by the Corporation as being the amount of loss or losses or damages suffered by it due to delay in performance or non-performance of any of the conditions of the tender/contract. The Corporation will however not be bound to prove any demonstrable loss or damages suffered.

11.9 The Corporation shall have a lien over all or any money that may become due payable to the contractor and under the contract pays and clears the corporation immediately on demand the Corporation shall be entitled at all times to deduct the said sum due from the contractor from money /security deposit which may have become payable to the contractor or may become due at any future date between the Contractor and the other unit of Corporation without prejudice and in addition to the other rights of the Corporation to recover the amount or any claim by other remedies legally available.

11.10 Bank Guarantee as required under this contract or agreed to against any advance made by the

Corporation/contract performance/equipment performance/guarantee etc., shall be extended

by the contractor whenever so required by the corporation and without any question for covering

the period of completion & finalization of work, performance etc. Future to do so, shall entitle

the Corporation to encase the BG against it towards any dues, recoveries, LD, non-performance

etc.

12.0 MEMBER OF THE CORPORATION NOT INDIVIDUALLY LIABLE: -

No Director or official or employee of the Corporation shall in any way be personally bound or

liable for acts or obligations of the Corporation under the contract or answerable for any default

or, omission in observance against or performance of any of the acts, materials or things which

are herein contained.

13.0 CORPORATION NOT BOUND BY PERSONAL REPRESENTATION: -

The contractor shall not be entitled to any increase in the rates or any other right or claim

whatsoever by reason of any representation, explanation or statement or alleged representation,

promise or assurance given or alleged to have been given to him by any employees of the

Corporation.

14.0 NON-PERFORMANCE OF CONTRACT/CANCELLATION OF CONTRACT/ RIGHT

OF THE CORPORATION: -

14.1 The Corporation reserves the right to cancel the contract if the contractor fails to carryout the

jobs assigned to him as per contract and as per instructions given by authorized representative

of the Corporation. In addition, corporation may also take any other remedial measures, in such

event, as described hereunder.

14.2 Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the

tenderers, their partners agents or servants to any officer, servant or representative of the

Corporation for obtaining or for execution of this or any other contract for receiving

payments under the contract will subject the tenderer to cancellation of this or any other

contracts and also to payment of any loss resulting from any such cancellation and the

Corporation shall be entitled to deduct the amount so payable from any moneys otherwise due

to the tenderer under the this or any other contract. Any question or disputed as to whether the

tenderers have incurred any liability under the clause shall be settled by the Corporation in such

a manner and in such evidence or information as it may deem fit and sufficient and the

Corporation’s decision in this regard shall be final and conclusive.

14.3 In case of any compelling circumstance or for any other reasons and in the opinion of the

Corporation, the contract needs to be determined and terminated at any stage during the

execution. The Corporation shall be entitled to do so, given one month’s notice in writing. In

such an eventuality, no compensation whatsoever for any arrangement made by the contractor

or for any liability incurred by him for any consequential loss will be payable by the

Corporation except the payment for work actually done at contracted rates after marking good

all dues, recoveries, L.D. if any, etc., CCI also reserves it right to suspend the contract for any

compelling reasons if in the opinion of the Corporation it is so required. In such an eventuality,

the time of completion will be extended to the extent of suspension period but no claim

whatsoever for any damages, increase in rates, role/wages/machinery etc. will be payable to the

contractor. If the performance of the contract is not found to be satisfactory at any stage during

operation of contract including extended period. If any due to non-deployment of adequipments

in working condition or due to any other reason subject to force of majeure conditions (clause

No. 9 of part-II). The corporation reserves the right to get the balance job executed engaging

alternate source at the risk, responsibility and cost of the contractor.

14.4 The corporation of reserves the right to make risk purchase from the open market by tender or

by any other mode of purchase at the risk and cost of supplier in respect of such quantities that

the suppliers fails to delivery in accordance with the schedule of delivery agreed to, after given

due notice to the supplier.

15.0 SUB-LETTING OF CONTRACT: -

15.1 The contractor shall not subject or assign this contract or any part thereof without obtaining

prior written permission of the Corporation. In the event of the contractor subletting or assigning

the contract or any part thereof without such permission, the Corporation shall have the right

to rescind the contract and the contractor shall be liable to the Corporation for any loss or

damage, which the Corporation may sustain in consequences or arising out of such cancellation.

15.2 Even in case sub-letting is permitted by the Corporation, the party to whom sub-letting is

proposed will be subject to approval of the Corporation. However, the Corporation will not

recognize any contractual obligations with the persons or party to whom the contract has been

subject and all liabilities, damages, losses, costs, charges and expenses arising out of such sub-

letting either statutory or non-statutory shall be to the account of the contractor and the

contractor shall keep the corporation fully indemnified and harmless in this behalf. Further,

notwithstanding the sub-letting of the contract, the contractor shall be fully responsible to the

contract.

16.0 COMPLIANCE OF RULES & REGULATION: -

16.1 The contractor shall observe all the rules/regulations of the Central and State Govt. and the local

authorities as relating to supply of material and shall pay all taxes (road taxes, passenger, goods

tax, toll tax etc.) as levied by the authorities. If any breach of the said rules/regulations / orders

is committed by him, he shall be solely responsible for the same.

16.2. All persons employed by the contractor including drivers and cleaners of the trucks, truck tons, machinery operators etc. shall be instructed by the contractor to observe strictly all the safety regulations prescribed, either generally or by CCI, whilst they are in the premises of the factory or the colony or on road and if any person commits breach of any of the regulations, it shall be open to the corporation to disqualify the person from entering the precincts of the factory or the colony. The contractor shall be bound to Company with such instructions forthwith.

16.3 The contractor shall abide by the contract labour (Regulation and abolition) Act, 1970 and shall

keep the corporation indemnified and harmless against costs and consequences of his non-compliance.

16.4 If any damage is caused to any property or any injury is caused to or the death occurs of any

person in the precinct of the factory or the colony or anywhere else due to any act of any person employed by the contractor or through any machinery or activities, the contractor will be liable for damages/compensations in respect thereof and shall indemnify the corporation and keep the corporation indemnified against any losses, damages, costs, charges, expenses and all liability of whatever nature and kind which the corporation may incur, sustain suffer or be put in consequence or by any reason of such damages, injury or loss of life.

16.5. If any damages are caused to any of the contractor’s vehicles/ belongings/equipments /

machinery /establishment etc. or any injury is caused to or death occurs of any person employed by him in connection with the performance of this contract, due to negligence of any person employed by him for otherwise, the corporation shall not be liable for damages or compensation in respect thereof under the workmen’s compensation Act or otherwise.

16.6. The contractor will company with all statutory requirements including but not limited to PF &

ESIC etc, for the personnel employed by him.

17.0 CHENGES IN CONSTITUTION: -

17.1 Where the contractor is a partnership firm, a new partner shall not be introduced in the firm except with the previous consent in writing of the corporation which may be granted only upon furnishing of written undertaking by the partner to perform the contract and accept all liabilities incurred by the firm under the contract period to the date of such undertaking.

17.2 On the death or retirement of any partner of the contractor, firm before complete execution and performance of the contract, the corporation may its option, rescind the contract and in such case contractor shall have no claim whatsoever to corporation of any kind, consequential loss etc. against the corporation.

17.3 Without prejudice to any of the rights or remedies under this contract, if the contractor is a proprietorship concern and the proprietor dies during the subsistence of the contract, the corporation shall have the option to terminate the contract without paying compensation of any kind, consequential loss etc. to any claimant i.e. legal heirs and successors.

18.0 FORCE MAJEURE CONDITIONS: -

18.1 If at any time during the continuance of the agreement/contract, it becomes impossible by reasons of war, or war like operations, strikes, lock-outs riots, civil commotion, epidemical sickness, pestilence, earthquake, fire, storm or floods, the contractor shall, during the continuance of such contingencies not be bound to execute the contract during this period as per agreement/contract time schedule. The work shall be resumed immediately the contingency (ies) has/have ceased or otherwise determined and contractor’s obligations shall continue to be in force for correspondingly extended period after the resumption of execution. The contractor shall, however, inform the corporation by registered post about such acts at the beginning and end of the above caused of delay within ten days of occurrence and cessation of such force majeure conditions.

18.2 In the event of delay in performance of corporation work, if arising out of causes of force majeure, the Corporation reserves the right to cancel the contract without any compensation, whatsoever and/or any consequential loss etc.

18.3 Only events of force Majeure which affect the work at the time of is occurrence shall be taken in to cognizance. The corporation shall not be liable to pay any extra costs or increased rates due to delay(s) under force Majeure conditions. Only appropriate extension of time will be granted.

19.0 NOTICE: -

19.1 Any notice hereunder may be served on the contractor by registered post/mail at his last known address. Proof of issue of any such notice at this address shall be conclusive proof of having received the notice by the contractor.

20.0 DISPUTE UNDER THIS CONTRACT & ARBITRATION: -

20.1 In the event of any question/dispute, breach of or difference arising in respect of the meaning and scope of terms & conditions herein or in connection with any matter under this agreement (except for those matter which are to be decided as per provision made in these terms & conditions), the same shall be referred to the sole arbitrator by an officer of the CCI Ltd., New Delhi appointed by its CMD. There will be no objection if the arbitrator is an employee of the corporation and he had at any time in discharge of his duties as an employee of the Corporation has expressed views on all or any of the matters in dispute or difference.

In case the employee of the Corporation who has been so appointed as Arbitrator ceases to be in the employment of corporation because of his superannuation or otherwise in any manner, shall no longer remain as an Arbitrator from that day and C&MD of the Corporation shall appoint another employee of the Corporation as sole Arbitrator in his place who shall proceed in this matter from the stage where the previous arbitrator had left the proceedings. Except where the award is an arbitral award or agreed terms under Section 30 of the Arbitration and conciliation Act, 1996, the Arbitrator shall give award with reasons in respect of each claim dispute or a difference referred to him. The award of the Arbitrator shall be final and okay and binding on the parties to this contract and persons claiming under them respectively.

20.2 Subject to aforesaid, the Arbitration and conciliation Act, 1996 and the rules made there under and any Statutory modifications thereof for the time being in force shall apply to the Arbitration proceedings under this clause.

20.3 The work, under the contract shall be continued uninterrupted during the pendency of the arbitration proceedings and no payment due from one to the other parties therein shall be withheld on account of pendency of such proceedings unless such payment related to the matter under Arbitration.

20.4 The venue of the Arbitration shall be New Delhi or such other place as the arbitral tribunal at his discretion may determine.

21.0 JURISDICTION: -

21.1 It is hereby agreed by the parties hitherto that only courts at Diphu. Karbi Anglong shall have the jurisdiction to decide or adjudicate upon nay disputes, which may arise out of or be in connection with this agreement.

22.0 LAWS GOVERNING THE CONTRACT: -

221. This contract shall be governed by the laws of Union of India in force.

23.0 WAIVER TO IMPAIR THE RIGHTS OF THE CORPORATION: -

23.1 Any delay in exercising or omission to exercise any right, power or remedy acquiring to the Corporation upon any delay/default under this contract shall not impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence in such default nor shall any action or inaction of the Corporation in respect of any such default or inaction any acquiescence by it in any defaults affect or impair any right, power or remedy of the corporation, under the contract.

24.0 CONDITIONS GIVEN BY THE TENDERER: -

24.1 With, the acceptance of the terms & conditions describe in this tender any terms & conditions, given by the tenderers contrary to those conditions shall be treated as withdrawn by the tenderer(s).

24.2 In the event of negotiations, only down ward revision of rates will be allowed. Any change in techno-commercial terms, as agreed earlier, will not be permitted at this stage. Hence, any qualifying remarks in the price bid/revised/negotiated offer will not be entertained.

*********0000000000000*******

CEMENT CORPORATION OF INDIA LIMITED

BOKAJAN CEMENT FACTORY

Our Ref. No. BKJ/MM/M-5622/17-18/ Date ……………2017

PRICE - BID

(To be fill up and sealed in a separate envelop)

Sl.No. Name of the items. Qty. Rate (in Rs.).

01. Air Separator Auxiliary Fan with

Hub, As per Drg.

No. 10:00:105 & 10:00:106

N.B: - 1. Both the items should be supplied in assembled condition.

2. Fan must be statically and Dynamically balanced.

01 Set.

02.

Terms & Conditions: -

F.O.R: -

03. IGST/CGST/SGST

04. Freight : -

05. Payment Terms: -

06. Delivery Period:-

07. Validity: -

08. Others: -

Date :

Seal :

CEMENT CORPORATION OF INDIA LIMITED

BOKAJAN CEMENT FACTORY

Part: - III: - Special Terms and Conditions for Supply of Air Separator Auxiliary Fan

with Hub as per drawing.

01. TECHNICAL SPECIFICATION & SCOPE OF SUPPLY

Air Separator Auxiliary Fan with Hub, As per Drg. No. 10:00:105 & 10:00:106.

1.1 Both the items should be supplied in assembled condition.

1.2 Fan must be statically / Dynamically balanced.

1.3 Quantity: O1 Set. (1)

1.4 The party shall intimate for inspection 15 days in advance so that our representative

could be deputed in time.

1.5 Material test certificate from the Govt. / Govt. approved test house alongwith dispatch

documents.

1.6 Guarantee/ Warranty: 12 months from the date of commissioning or 18 months

from the date of completion of delivery.

02. QUALITY / Guarantee: -

2.1 The successful tender shall Guarantee that the materials to be supplied shall conform to the BIS

standard. Materials shall be free from any defects arising out of use of defective materials or any

manufacturing or any other defect.

2.2 The successful tender shall furnish inspection report from Govt./Govt. approved

laboratory.

2.3 If the material do not confirm to the specifications in case of doubt in quantity the supplier shall

arrange for free replacement at destination without any extra expenditure whatsoever.

2.4 The dimension and tolerance of materials will be governed by the relevant latest standard of Air

Separator Fan with Hub as mentioned on the drawing.

2.5 The successful tenderer shall stand guarantee against the working the workmanship for a period

of eighteen (18) months from the date of supply of twelve (12) months from the date of the Air

Separator Fan with Hub is put in use, whichever is earlier.

03. PRICE: -

The Price should be quoted as per the price bid format only (Enclosed). The price will be firm. In other

words no increase is permitted after opening of the price. Price may be quoted on F.O.R. Destination

basis taking into consideration freight, taxes, duties, insurance etc.

04. P & F CHARGES, GST/CGST/SGST ETC.: -

“The IGST/CGST/SGST, if applicable, will be paid on the cost of the finished goods being

supplied, as per the rate (%) prevailing at the time of scheduled delivery period, subject to the

supplier claiming the same a separate item on their bill.

The supplier shall furnish the following certificate on the body of the bill towards claiming the

aforesaid amount for IGST/CGST/SGST.

It is certified that the goods, on which GST has been charged, have not been exempted under GST

Act or the rules made thereunder. The amount charged under / on account of IGST / CGST / SGST

on these goods are not more than what is payble under the provisions of the relevant Act or the

rules made thereunder”.

05. TRANSPORTATION AND FREIGHT: -

The material should be supplied at Cement Corporation of India Ltd., P.O. Bokajan Cement

Factory – 782490, Dist. Karbi Anglong: Assam. Price should be quoted on F.O.R. destination

basis.

06. PAYMENT: -

100 % payment within 30 days after receipt of the materials at our site through RTGS.

07. SECURITY DEPOSIT: -

(a) Successful tender(s) shall have to furnish a Security Deposit equivalent to @ 5 % (five

percent) value of the order calculated on total value of order i.e. basic price plus taxes duties and

freight by way of demand draft / bank guarantee from any nationalized bank (in CCI’s format)

in terms of clause 2 of part-II of the tender documents towards satisfactory performance of the

contract. Security deposit is to be submitted at respective unit.

(b) Security Deposit shall be released within three months after completion of supplies and acceptance of material by the respective unit.

08. EARNEST MONEY DEPOSIT (EMD):- The tenderer is required to submit EMD for Rs. 38,000/- (Rupees thirty eight thousand) only

in the form of DD/BG in CCI’s format towards earnest money deposit. The details are given in clause 10 of Part- II (General Terms).

HOD (M.M.)

**********@@@@@@@***********

ANNEXURE “15”.

CEMENT CORPORATION OF INDIA LTD.

BOKAJAN CEMENT FATORY

KARBI ANGLONG, ASSAM – 782490

PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

--------------------------------------------------------------------------------------------------

Whereas M/s. ________________________________________________________ (Name & address of the party) a company incorporated under the companies Act 1956 having its registered office at _______________________________ (hereinafter called the Tender) wish to participate in tender enquiry No. _________________________________the Cement Corporation of India Ltd., Bokajan, a Company incorporated under the companies Act, 1956 having its registered office at Scope Complex, Core-V, 7, Lodi Road, New Delhi – 110 003 (hereinafter called the Corporation) for hiring of HEMM Equipments for loading and transportation of Rock Rejects.

AND WHEREAS in terms of the tender conditions the tenderer is required to furnish to the corporation a Bank Guarantee for sum of Rs._______________________ Rupees _________________________ ______________________________________ (in words) as Earnest Money Deposit against the Tenderer’s offer aforesaid.

AND WHEREAS we_______________________________________________________________ (name & address of the Bank) have at the request of the Tenderer agreed to give to the CORPORATION this guarantee as hereinafter contained.

We _____________________________________________________ (name of the Bank) hereby undertake and guarantee to pay immediately to the CORPORATION on demand in writing by the Corporation the amount of Rs._________________ (Rupees_______________________________________ (in words), without any reservation and recourse, if the Tenderer shall for any reason backout whether expressly or impliedly, from their said tender during the period of its validity of any extension thereof or the Tenderer fails to execute the order/work awarded to them by the CORPORATION against the said tender.

We ________________________________________________ (name of the Bank) further agree that our liability to pay the aforesaid amount is not dependent or conditional on the COPRORATION proceeding against the tenderer and we shall be liable to pay the amount, without any demure merely on a claim raised by the CORPORATION.

The guarantee herein contained shall not be determined or affected by the liquidation or winding up, dissolution or change of constitution or insolvency of the said TENDERER, but shall in all respects and for all purchase be binding and operative until payment of all moneys due to CORPORATION in respect of such liability or liabilities are paid.

NOTWITHSTANDING anything to the contrary in aforesaid paragraphs, our _________________________ (in words), our guarantee shall remain in force till _______________(date). Unless a suit or action enforce a aforesaid date viz., ___________________________________, we shall be relieved and discharged from all liability thereunder.

We ________________________________________ (name of the Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the CORPORATION in writing.

For ___________________________

Place:

Date:

CEMENT CORPORATION OF INDIA LIMITED

BOKAJAN CEMENT FACTORY

DIST. KARBI ANGLONG: ASSAM –782 490

Annexure “B”

I/We declare that the following officer/ officers of the corporation is/are related to me/us/no officer/ officers of the corporation is / are related to me us.

Sl.No. Name of the officer/ officers. Post held Place of Posting.

Place SIGNATURE OF TENDER

Date: Name:

Address with Seal:

CEMENT CORPORATION OF INDIA LIMITED

BOKAJAN CEMENT FACTORY

DIST. KARBI ANGLONG: ASSAM –782 490

Annexure “C”

UNEXECUTED/PAST/PRESENT CONTRACTS / JOBS IN HAND.

Sl.No. Name of Client. Nature of Tonnage Approx value of Date of Stipulated date

Contract (Rs. In lakhs) of completion.

------- -------------------- ------------------------ ------------------- --------------------------------

Note: Please attach photocopies of Contracts.

SIGNATURE OF TENDERER.

Please: Name:

Date: Full Address with Seal.

ANNEXURE – “D”

FORMAT FOR ADDL. INFORMATION TO BE FURNISHED BY THE TENDERER

(REFER PART – III – SPECIAL TERMS & CONDITIONS)

----------------------------------------------------------------------

1. Name of the firm :

2. Complete Postal address/Gram/Fax/Phone etc. :

a) Head Office/Corporate Office : b) Factory. : c) Other branches (incl. Delhi Office, if any.) :

3. Whether Public Sector/Private Sector/ :

Joint Sector etc.

4. Type of Organization : Proprietor/Partnership/Limited Any other type.

A. In case of proprietorship/Partnership -------------------------------------------

i) Name of the Proprietors/Partners :

ii) Whether business/Partnership is :

registered.

iii) Date of Commencement of business. :

iv) Status of Income-Tax Return / :

Pan Card (Please attach copy of valid

Income Tax return / pan card certificate).

v) Name & Address of the Bankers :

(Please attach reference letter from

your banker).

B. In case of Limited liability Company or : Company Limited by guarantees

--------------------------------------

i) Amount of paid up capital :

ii) Name of Directors :

iii) Date of Registration of Company :

iv) Copies of last three years audited :

balance sheets of company (including

Profit & Loss statement) to be enclosed.

v) Name & Address of the Bankers :

(Please attach reference letter from your

Banker)

5. Present Orders on hand (details to be :

furnished as per Annexure ‘C’) (Photocopies or

Orders/contracts to be attached).

6. Details of Foreign collection, if any (Please :

attach photocopies of collaboration agreement

if it is there).

7. FINANCIAL:

---------------

a) Investment of fixed assets of building, fitting :

Fixtures.

b) Investment on plant & machinery tools and :

dies etc.

8. Are you on the approved list with any of the :

following for transportation work.

- Any Public Sector Undertakings :

- Cement Plants :

- Other reputed agency (enclose photocopies of :

Registration Certificates).

9. LIST OF ENCLOSURES ATTACHED BY TENDERERS TO BE INDICATED

------------------------------------------------------------------------------------------------------

Enclosed Not Enclosed

----------- --------------

a) Latest Income-Tax Return Certificate/ ---------------------- -----------------------

PAN Card.

b) Partnership Deed, if applicable ---------------------- ------------------------

c) Copies of last three years audited Balance ---------------------- ----------------------

Sheets.

d) Photocopies of Performance Reports from --------------------- ------------------------

the customers.

e) Details of present orders in hand --------------------- ------------------------

(as per Annexure).

f) Photocopies of foreign collaboration, --------------------- ------------------------

if applicable.

g) Reference from the Bankers indicating --------------------- ------------------------

Financial status of the Company

h) Copy of service tax Registration Certificate --------------------- -----------------------

It is hereby solemnly declared that the above information and the data furnished in the enclosed annexure is true to the best of our knowledge.

Signature of Tenderer

Name of the Signatory

Destination

Place :

Date : Seal of the Company.