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RASHTRIYA CHEMICALS & FERTILIZERS LIMITED

(A Government of India Undertaking)

Administrative Building, Chembur, Mumbai 400 074. Maharashtra, INDIA

Corporate Identification Number – L24110MH1978GOI020185

Phone: 00 91 22 2552 2873, Fax: 00 91 22 2552 2320/2233

e-mail: vijay_gaikwad@rcfltd.com, skkulkarni@rcfltd.com

Website : www.rcfltd.com

Tel: 25522 2504/ 2552 2873. Fax: 2552 2320 /2552 2231

MATERIALS DEPARTMENT

NOTICE INVITING TENDER

NIT No.: TC: RM: CL:POTASSIUM NITRATE:FTWZ: 2015.

Sub: Customs Clearance, Forwarding, Handling, De-stuffing of containers at Arsheya FTWZ,

Panvel and Loading of Bagged cargo onto trucks, Transportation by Trucks of bagged

cargo from Arsheya FTWZ, Panvel to RCF, Chembur.

Earnest Money Deposit (EMD) : Rs.15,000/-(Rupees fifteen thousand only)

through cash deposit in SBI or through

RTGS/NEFT as per detailed at NIT Clause

No. 2.0.04 Sr. No. 1.

Last date & time of receipt of tender : 17.02.2015 at 2.30 P.M.

Date & time of opening of tender : 17.02.2015 at 3.00 P.M.

Place of tender submission & opening : Transportation & Clearance Section

RCF Limited, Trombay Unit,

Administrative Building, Room No.20

Chembur, Mumbai – 400 074.

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ENCLOSURES

1. Annexure – A : Status of the Tenderer.

2. Annexure – B : Price Bid Format.

3. Annexure – C : Format for Bank Guarantee towards Security deposit and Performance

Guarantee.

4. Annexure – D : List of RCF approved bankers for Bank Guarantee.

5. Annexure – E: Format for Agreement to be executed by a Successful Tenderer.

6. Annexure – F : Format for Solvency Certificate.

7. Annexure – G: Format for clearing payment by ECS.

8. Annexure – H : Format for EMD payment through triplicate challans by depositing cash

in SBI.

9. Annexure – I : Vendor Data Updation form.

10. Annexure – J: Notes to Vendor.

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NIT No.: TC: RM: CL: POTASSIUM NITRATE:FTWZ: 2015.

The estimated quantum of work to be handled:

Sr. No. Material Qty in MT

1 Potassium Nitrate (FCO Grade) 1344

Note: The aforesaid material shall be available at Arsheya FTWZ, Panvel in bagged form of

25 kg each.

The above is only an approximate assessment of the work and the quantity is only

indicative and no guarantee can be given as to any definite volume of work which will be

entrusted to the Contractor at any time or throughout the period of contract as these figures

are likely to vary or even become nil solely at the discretion of RCF.

The quantity shown is tentative and is subject to increase/decrease at the discretion of

RCF.

The tenderers are required to submit their tender, in duplicate, duly sealed, along with a

Certificate in following form accepting terms and conditions of the tender:

"I/We have thoroughly examined the terms and conditions given in the invitation to tender

and its Annexures and Schedules and agree to abide by all terms & conditions stipulated

therein.”

PLACE: MUMBAI.

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NIT No.: TC: RM: CL:POTASSIUM NITRATE:FTWZ: 2015

Chief Manager (Materials), T&C,

Rashtriya Chemicals & Fertilizers Ltd., Trombay Unit,

Administrative Building, Room No 20,

Mahul Road, Marvali,

Chembur, Mumbai - 400 074.

Dear Sir,

I/We submit this sealed tender in duplicate, for appointment as Contractor (s) for Customs

Clearance, Forwarding, Handling, De-stuffing of containers at Arsheya FTWZ, Panvel and

Loading of Bagged cargo onto trucks, Transportation by Trucks of bagged cargo from

Arsheya FTWZ, Panvel to RCF, Chembur.

I/We have thoroughly examined the terms and conditions given in the invitation to tender and its

Annexure and Schedules and agree to abide by all of them. The rates at which I/We offer to carry

out the work have been stated in the Schedules and it is confirmed that no other charges would be

payable to me/us. The rates quoted are firm rates and valid during the contract period of six

months from the Date of LOI/WO.

I/We hereby confirmed that Earnest Money Deposit payment for Rs. 15,000/- (Fifteen

thousand Rupees only) is made by us as per NIT Clause No. 2.0.04 Sr. No. 1.

I/We agree to hold the offer valid for 60 days from the date of opening of the tenders and shall

be bound by communication of acceptance within this time. I/We further undertake that this

offer shall not be modified, amended, altered or withdrawn by me/us till the aforesaid period

of 60 days. In case I/We do so or fail, on receipt of advice of acceptance of my/our tender, to

pay the Security Deposit as per the contract within the specified date, I/We agree that the

Earnest Money shall stand absolutely forfeited to Rashtriya Chemicals & Fertilizers Ltd.,

(Trombay Unit) as and by way of agreed damages. I/We shall be liable to pay to Rashtriya

Chemicals & Fertilizers Ltd., for all losses caused to or suffered by Rashtriya Chemicals &

Fertilizers Ltd., to execute the contract agreement or commence the work.

1. The following papers have been added to and form part of the Unpriced Commercial

Bid. NIT and Unpriced part of the tender – “Part - I with EMD”.

2. The Commercial part of tender with Schedule of Rates is submitted in a separate

envelope superscribing "Part-II of the Tender - Price Bid".

Yours faithfully,

(Signature of theTenderer)

Status –(State the capacity in which the signatory is signing)

Place:

Date:

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Notice Inviting Tender (NIT) No.: TC: RM: CL:POTASSIUM NITRATE:FTWZ: 2015

1.0.0 Documents to be attached to Part I - Unpriced Commercial Bid: The Tenderer should

furnish the following (also refer Annexure-A) along with the tender in the envelope

superscribed Part - I.

All the documents furnished by the Tenderer, if not in original, shall be self attested by

the Tenderer.

1) Earnest Money Deposit: Earnest Money Deposit of Rs. 15,000/- ( Rupees Fifteen thousand

only) to be furnished through either of the following:

a) To deposit cash through triplicate challans (as per enclosed Format), in SBI and submit

copy of challans alongwith tender document.

OR

b) To remit through RTGS / NEFT mode in Power Jyoti Account and submit copy of Bank

UTR alongwith tenders. The details of Power Jyoti Account for RTGS / NEFT is as below:

Beneficiary Name : Rashtriya Chemicals & Fertilizers Limited

Current Account Number : 32376445560

Bank Name: State Bank Of India.

Branch Name: Mahul Road, Chembur Mumbai

Branch Code: 00564

IFSC Code: SBIN0000564

2) Photostat copy of valid Custom House Agent Licence duly self attested or back up from

Custom House Agent with Undertaking to carryout necessary customs clearance.

3) Copy of registration with FTWZ, Panvel

4) Copy of the NIT duly signed and stamped on each page.

5) Certificate showing that the offer is in total conformity with the Terms & Conditions as

specified in the NIT. Deviation list, if any, from the terms of NIT which are not in

agreement should be specified by the bidder with respect to the relevant NIT / GTC clause

number. If no deviations are indicated, separately, it will be presumed that all the terms &

conditions of NIT are acceptable, in entirety.

6) Certificate that the rates are valid for 60 days from the tender closing date for placement of

Purchase Order/ Work Order.

7) A certificate that the rates shall be firm and valid during the contract period of six months

from Date of LOI/WO.

8) Price Bid Photostat copy with prices Blanked off

2.0.0 PRE-QUALIFICATION CRITERIA:

Sr. CRITERIA FOR CONSIDERATION

FOR PRE-QUALIFICATION

EVIDENCE REQUIRED FOR THE CRITERIA

LAID DOWN AS SHOWN AGAINST EACH

PARAGRAPH

1. The Tenderer should have office in

Mumbai/ JNPT / Panvel

Details of office premises to be given.

( Give full address with Telephone Number, E-

mail etc. in full style)

2. The Tenderer should have valid Custom Legible Photostat copy duly self attested showing

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House Agent License . the Custom House Agent License with date of

issue and the expiry date or back up from Custom

House Agent with Undertaking to carryout

necessary customs clearance.

3 Tenderer should have valid Registration

with FTWZ

Submit the Copy of Registration

4. Work experience: The Tenderer should

have handled clearance & transportation

of imported fertilizer (FCO

Grade)/fertilizer raw material in bagged

form at any Indian port during the last 7

years of following value –

a) 3 contracts of value Rs. 5.74 Lakhs; OR

b) 2 contracts of value Rs. 7.17 Lakhs; OR

c) 1 contract of value Rs.11.48 Lakhs.

Details of imported imported fertilizer (FCO

Grade)/fertilizer raw material in bagged form

handled during last 7 years at any Indian port to

be furnished.

Copy of B/Es filed with Customs House for

imports along-with the statement to be enclosed,

duly self-attested.

Enclose Work Order Copies / Work Completion

certificate/Proof of having executed the job.

5. Financial Status and Soundness of the

Tenderer.

a) Average Annual financial turnover during the

financial years 2011-12, 2012-13, 2013-14, should be

at least Rs.4.30 Lakhs. Enclose Profit-Loss account

and Balance Sheet.

B) Solvency for a value of Rs. 5.74 Lakhs. Enclose

Bankers Solvency Certificate or credit ratings from

reputed institution such as CRISIL, ICRA etc., or

Financing/Credit limits from banks as on date etc.

(as per Annexure – G)

6. The Tenderer should have telephone, e-

mail and fax at their office.

Fax and telephone numbers installed in the

Tenderer’s office with documentary evidence to be

enclosed. Give e-mail address.

7. The Tenderer should have experienced

staff with thorough knowledge/

experience in customs / docks clearance

and other formalities.

List of officers and staff working with the

Tenderer, along with qualification and work

experience. The organizational structure also to be

furnished.

8. Proof of resource availability at JNPT.

The Tenderer shall furnish documents for the

following recourses :

Ownership documents and/or Support Letter from

any reputed Transport Agency stating that they

agree to supply sufficient trucks per day. Provide a

list of the Trucks.

3.0.0 Scope of Work: Customs Clearance, Forwarding, Handling, De-stuffing of

containers at Arsheya FTWZ, Panvel and Loading of Bagged cargo onto trucks,

Transportation by Trucks of bagged cargo from Arsheya FTWZ, Panvel to RCF, Chembur.

The Scope of Work shall include but not limited to the following:

Sr. No. Description

1. Customs Clearance and Forwarding, Processing of documentation till obtaining

Customs Out of Charge at Arsheya FTWZ, Panvel.

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2. Destuffing of containers at Arsheya FTWZ, Panvel.

3. Loading of Bagged raw material cargo into Trucks.

4. Transportation to RCF Ltd., Chembur. The trucks to be duly covered with tarpaulins

ensuring that there are no infringement of Pollution Control Board Regulations.

No Trucks will be loaded beyond the GVW (Gross Vehicle Weight) of the vehicle.

All penalties levied by any authorities for overloading of Trucks beyond GVW will be to

the Contractor’s account. If cargo is unloaded by any authority outside RCF premises due

to overloading of Trucks beyond GVW of the vehicle, the cost of such cargo will be borne

by the Contractor.

4.0.0 Pricing and Mode of Quotation :

Tenderer’s quotation must conform in all respects to the applicable terms and conditions of

this invitation to tender. Tenderer must certify that his quotation complies with all enquiry

documents and specifications. Tenders not complying with NIT terms are liable to be

rejected.

Tenderers should quote rates on per metric Tonne basis or as specified in the Schedule of

Rates. The rates so quoted should be inclusive of all taxes and duties except Service Tax as

applicable and no claim for extras will be entertained. The Service tax as applicable should

be indicated separately against the respective items of the Schedule of Rates. The Tenderer

shall be responsible for the payment of the Service Tax to the concerned Government

authority.

Service Tax on transportation shall be paid directly by RCF to concerned Tax Authority.

Service Tax is applicable on transportation services obtained from a GTA (Goods Transport

Agency). In such case, the Service Tax will be on 25% under abatement benefit if GTA is not

availing credits on input or capital goods and furnish declaration accordingly.

The following declaration in respect of transportation is to be furnished by the Contractor:

a. We have not availed the credit on inputs or capital goods under the provision of the

Cenvat Credit Rules, 2004.

b. We have not availed the benefit under the Notification No. 12/2003- Service Tax

dated 20/06/2003.

Unless otherwise specified, it will be considered that Tenderer is rendering service as a

Goods Transport Agency (GTA) and will furnish the above mentioned declaration and their

bids will be evaluated accordingly for Service Tax on 25% of transportation cost under

abatement benefit.

The unit rate quoted and finalized in the tender will form the basis of payment to the

Contractor for the activities performed.

Mode of Quotation shall be strictly as per Annexure – B.

The evaluation of offers shall be on lowest tender basis and shall be based on quoted

rate on per metric tonne basis as specified in the mode of quotation as per Annexure -B.

The final stage shall be that of e-Reverse Auction and the contract shall be finalized

through e-Reverse Auction Process only.

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5.0.0 Handling and Transit Loss: The Contractor should ensure that all precautions are taken in

destuffing the cargo from Containers and transporting the cargo in the same condition as

is loaded in the trucks at the Arsheya FTWZ, Panvel. Any net loss in weight beyond 0.3%

between disport/ Arsheya FTWZ, Panvel weight and RCF weight will have to be borne

by the Contractor.

6.0.0 Period of Contract: The Contract will be for a period of Three months from date of

LOI/WO. No escalation on any ground will be permissible during this contract period.

7.0.0 Payment Terms and Conditions:

RCF's payment term is payment within 30 days from the date of receipt of bills after receipt

and acceptance of material at site, provided bank guarantee towards Security Deposit /

performance guarantee is submitted. The Contractor will be paid for the work done under

this Contract as per the Schedule of Rates (SOR). Kindly note that all payments will be

made through ECS only

RCF may with-hold payment to such extent as may be applicable and necessary to protect

itself from loss on account of:

i) Shortage of material in transit.

ii) Failure of the Contractor to make timely payment for material or for labour.

iii) Damage to another Contractor or RCF property and probable filing of claims.

iv) For other reasons mentioned elsewhere in the NIT

v) Reasonable doubt that the Contract cannot be completed with balance Contract

value.

Liquidated Damages(LD) and not by way of penalty for delayed completion shall be

recoverable from vendor at the rate 1% per week or part thereof subject to maximum of

10% of the basic contract value. LD shall be applicable in all cases where clearance is not

done within 72 hrs of intimation from RCF and the transportation is not completed within

one week thereafter.

7.0.01 The Contractor will submit bills for the work done by him separately for each shipment on

completion of the job. The bill should be in triplicate and should be submitted duly

supported by required documents. Payment will be made within 30 days from the date of

satisfactory completion of the job provided the receipt of materials has been accounted for

by RCF based on receipt documents raised by Material Handling Dept. The Income Tax at

source shall be deduced at rates prevailing at the time of payment. However, 80% (Eighty

percent) payment will be immediately made against invoice based on the quantity

delivered at RCF from the day first truck is loaded in port till the 15th day duly certified

by Dy. General Manager (C). This payment will be through T&C Department. The balance

payment will be paid at the time of payment of final bill covering the entire shipment.

7.0.02 The payment for the customs clearance formalities will be made on the basis of Bill of

Lading weight.

7.0.03 The payment for Shipping Line Charges, CFS Charges and any other receipted charges

concerned to clearance of said cargo shall be paid at actuals against the documentary

proof. Payment for transportation & unloading will be made on the basis of weight

recorded at RCF Weigh-bridge or Arsheya FTWZ, Panvel weigh-bridge whichever is less.

8.0.01 The Contractor shall ensure that all payments are made to concerned authorities in time.

This shall include any payment to be made to the authorities for operations after office

working hours also.

The Contractor will first arrange to pay the Shipping line charges, such as Terminal

Handling Charges, Delivery Order Charges, Container Washing charges, Container

Handling Charges etc. CFS (Container Freight Station) charges such as Ground rent,

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Survey Charges, Container Loading Charges, Empty Container Unloading Charges,

Container Detention Charges etc. All these charges will be reimbursed by RCF on

production of relevant documents (Cash receipts duly attested by concerned

department).

The Contractor will have to collect the documents from either RCF/or the supplier,

complete all customs formalities and clear the consignments and deliver the same to RCF

Site/Silo without any loss to RCF. Insurance survey/draft survey etc., wherever necessary,

will have to be arranged through our appointed Surveyor in time and claims lodged with

concerned authorities immediately by the Contractors protecting the interest of RCF fully

and also will follow it up, till it is settled.

If any bonds are required to be given to Customs or other authorities at the time of

clearance the same will be arranged by the Contractor. The Contractor will have to get

the bond cancelled within the time stipulated in the bond. Security Deposit will not be

released at the end of the contract unless all the bonds are cancelled and all claims are

settled.

8.0.02 The Contractor will ensure that the job of Customs Clearance till Unloading of the trucks

at RCF is completed expeditiously without incurrence of demurrage. Contractor is to

ensure that the transportation of trucks is to be completed within shortest possible time.

8.0.03 The Contractor will arrange to get the cargo loaded in trucks. The trucks should be leak-

proof covered by tarpaulins on all sides and top to avoid any loss/spillage on the road.

They should also ensure that there is no infringement of Pollution Control Board

regulations. If any contravention is noticed and / or penalized by any statutory authority

on this account the same shall be recovered from the Contractor.

8.0.04 The Contractor will arrange to get all trucks loaded with cargo, weighed on nearest

available Road Weigh Bridge at Arsheya FTWZ, Panvel, to obtain necessary weigh-ment

certificate. The Contractor will also arrange to get the trucks weighed at the road

weighbridge of RCF and obtain weigh-ment certificate.

8.0.05 The Contractor will arrange to transport the cargo to the RCF's factory at Chembur,

Mumbai - 400 074, in trucks.

8.0.06 When the cargo is transported by road, the Contractor will arrange to unload dump or

stack the material at the points and in the manner prescribed by RCF.

8.0.07 The Contractor shall co-ordinate with the Charterers/Owners agents, Shipping Lines,

Container Freight Stations for inward entry of the ship / containers. The Contractor shall

also co-ordinate with all agencies such as Port authorities, vessel agent etc. and ensure

expeditious clearance of the containers from Arsheya FTWZ, Panvel.

8.0.08 Notice of arrival of the cargo: The Contractor will keep in close touch with RCF and

RCF's Protective/Charterers agent about the arrival of the cargo covered by this contract

and immediately on receipt of relevant documents will take such steps as necessary to

clear the consignment with least possible delay and without incurring demurrage. They

should also keep RCF surveyors posted about movement of containers so as to enable

them to collect samples and conduct survey.

8.0.09 The Contractor at RCF’s request will also arrange to collect everyday from the office of

the Chief Manager (Materials) or his authorized representative all letters and

communications containing instructions for clearance and transport of materials and

other correspondence connected with the Contract. However to avoid delays, the

instructions shall be faxed/e- mailed.

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8.0.10 The Contractor will arrange to send to the Chief Manager (Materials) everyday a copy of

the report showing the daily despatch of material from Arsheya FTWZ, Panvel specifying

the number of containers / trucks and quantity.

In addition to the supervisors, the Contractor shall also provide labours for collection of

spillages/sweepings from the internal roads, area surrounding the unloading points and

from other locations where there is likelihood of spillages from the trucks carrying the raw

material. The collection of sweepings shall be done on day to day basis from the time of

arrival of material from a vessel till the completion of the vessel and dispatches. The

material thus collected shall be put in the respective Silos.

9.0.0 Nature of Work:

9.0.01 The Contractor will have to start the work immediately on receipt of the instructions from

the Chief Manager (Materials) .He will be responsible for submission of necessary

documents to Customs Authorities and finalization of all Customs and Port Trust

formalities within the prescribed time limits declared by these authorities or in the rules

and regulations issued by them or by the Chief Manager (Materials), so as to have the

consignments cleared immediately on landing and within the free period allowed by the

concerned authorities. It will also be binding on the Contractor to be in liaison with

Shipping Cos. and their Agents.

9.0.02 The Contractor will have to arrange for complete clearance and despatch of cargoes and

also finalize all Customs and Port Trust formalities in respect thereto within three months

after expiry of the contract. The Contractor will on behalf of RCF have to prefer promptly

and within the prescribed time limit against the authorities concerned all refund claims

with the Customs, Port Trust, Shipping Companies and pursue the same till they are

settled for which no extra remuneration will be paid to them. The Contractor will have to

lodge the claims on their own without waiting for instructions from RCF. The Contractor

must ensure that such claims are lodged immediately on knowing the cause for such

claims. On settlement of such claims if the settlement is reached within 2 months of

lodging, the Contractor will be given by way of incentive 5% (five percent) of the amount

for which the claim is settled. In the event of the RCF's claim being rejected by

Customs/MBPT/Underwriters due to failure on the part of the Contractor to strictly

adhere to the instructions contained herein-above, the full amount of claims will be

debited to his account without making any reference to him. Adjustment of provisional

deposit with the Port Trust also has to be finalized within three months from the date of

clearance of goods. Security Deposit will not be released unless claims are settled. If any

claim is on account of clearing agent fault, Security Deposit will be apportioned to such

extent.

9.0.03 Clearance instructions will be issued by the Chief Manager (Materials) giving particulars

of the cargoes to be cleared, name of the ship and place of delivery or despatch along with

relevant shipping documents wherever available. It shall be the responsibility of the

Contractor to send to the concerned officer of RCF, his representative daily to receive

instructions and collect documents furnishing acknowledgement there for and it shall be

clearly understood that instructions given and documents delivered to the representative

shall be taken as if they have been given or delivered to Contractor himself.

9.0.04 The relevant documents will normally be delivered by RCF to the Contractor in advance

before arrival of the cargo carrying ships. It shall be the Contractor's responsibility to

complete all formalities and have the consignments cleared from the Customs and after

paying the Customs duty if any and Arsheya FTWZ, Panvel charges correctly assessed

and paid in time, avoiding incurrence of demurrage. In case demurrage is incurred due to

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any reason whatsoever, the Contractor shall be held responsible for the same unless he

promptly within 15 days of the incurrence of demurrage in each case explains the

circumstances and reasons in which incurrence of the demurrage was unavoidable and

RCF is satisfied that the Contractor cannot be held responsible for the same.

9.0.05 As soon as authority is given to the Contractor, he will have to take steps necessary to

complete the handling and clearance work and all allied responsibility thereto and

produce the required documents, certificates, papers or survey reports etc., which will

enable RCF to obtain compensation from the carriers, Port Trust Authorities, Customs,

Steamer Agents or Insurance Companies or other bodies within time limit prescribed

under law or Customs and also to lodge claims with these bodies at the proper and within

the prescribed time. On receipt of the instructions, the Contractor shall immediately

prepare the necessary papers and documents for presenting to the Customs, Steamer

Agents, Port Authorities or other authorities concerned and arrange to obtain delivery of

the cargo on behalf of RCF. If the particulars relating to the cargoes furnished in the

instructions are not sufficient, he will take steps that are necessary for obtaining the

required particulars from the authorities or bodies concerned. If the documents received

are not sufficient, he will arrange to execute Indemnity Bond or Bonds or other documents

necessary for immediate clearance. In all case, the Contractor will have to take adequate

and prompt steps for obtaining delivery of the cargoes from the Port Trust or Customs

Authorities at the earliest possible and within the free time allowed.

9.0.06 Where reports are required for lodging claims and obtaining compensation from parties

responsible for the damage, loss, due care will have to be exercised by the Contractor to

ensure that the reports are complete and correct in all respects and they cannot be

disputed by the party responsible at a later stage on some pretext or the other. The

Contractor should be well conversant with the relevant and latest provisions of The Indian

Carriage of Goods by Sea Act 1925, the Mumbai Port Trust Act/Customs Act and other

Acts/ Notification/ Rules/Procedures etc., applicable for effecting clearance and other rules

and regulations of customs and takes such steps to ensure that the interest of the company

is protected in all respects in the clearance of its cargoes. The Contractor shall be required

to perform all the duties, which he is bound to do under The Customs Act, 1878 as

amended from time to time.

10.0.0 Trucks detention: No detention charges for trucks either at Arsheya FTWZ, Panvel.

CFS/Port/ docks/godowns or at RCF factory shall be allowed under any circumstances.

11.0.0 Responsibilities of the Contractor for Loss, Damages etc., in transit:

11.0.01 The Contractor will take all steps to prevent loss and deterioration of the material cleared

and transported by him on behalf of RCF. The trucks carrying raw material should be

leakproof and must be provided with tarpaulins both at the bottom of the trucks and on

top of the material to prevent wind loss, damage and leakage in transit.

For the trucks carrying above bulk raw materials, not covered by tarpaulins as aforesaid

or found causing leakage and spillage enroute a penalty towards loss of material or

penalty imposed by any authority will be imposed / recovered by RCF. All losses

incurred for failure of Contractor to comply with these instructions will be debited to the

Contractor at double the value of the cost of material lost from the particular dumper.

The Contractor must also ensure that any spillage of raw material brought by them, lying

on the road within the RCF's premises is removed forthwith, failing which RCF will get

the job done at the cost of Contractor.

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11.0.02 Shortage in weight of raw materials: Net loss tolerance after considering transit

loss/change in moisture content only upto 0.3% (Zero point three percent) will be allowed

in respect of transportation of bulk raw material from Arsheya FTWZ, Panvel to RCF's

factory at Chembur provided the concerned Officer of RCF is satisfied that such shortage

is genuine and that all adequate precautions have been taken including putting tarpaulins

at the bottom of the trucks and also on top of the material to avoid spillage. Special

preventive measures are to be taken by the Contractor to ensure that all rules and

regulations of Maharashtra Pollution Control Board are strictly adhered and will

indemnify RCF against all costs, charges, damages and any consequential penalties/levies

that may be imposed by any statutory/ Government and/or any authorities. The

Contractor shall keep RCF free of any litigation in such matters.

11.0.03 In case of discrepancy in Bill of Lading Weight/Draft Survey Weight and actual unloaded

weight (Arsheya FTWZ, Panvel), it shall be the responsibility of the Contractor to bring

this fact to the notice of all concerned like (a) Owner's Agents, (b) Charterer's Agent, (c)

RCF (d) Customs (e) MBPT etc., and lodge claims if necessary and follow them till

settlement. This should be strictly followed to avoid any Show Cause Memo from

Customs Authorities on account of shortage than manifested quantity.

12.0.0 Responsibility of the Contractor in regard to loss, damage, short landing etc.: The

Contractor shall take all steps to prevent loss, damage to the goods received by him on

behalf of RCF for handling and dispatching during the period these goods are in his

charge. The Contractor shall lodge formal and Monetary claims for loss or damage to the

goods not delivered etc., on the Steamer Agents/MBPT under advice to the Company.

13.0.0 Finalization of Bills of Entry: The Contractor shall be fully responsible for the finalization

of the Bills of Entry from the time they are filed with Customs and within time so as to

avoid demurrage .Any hold up for want of documents etc., should be promptly brought to

the notice of the Chief Manager (Materials) or any Officer acting on his behalf in writing.

14.0.0 Penalty for not submitting Bills of Entry and other documents in time: After completing

clearance of all imported consignments, the Contractor will have to submit to RCF all the

Customs attested documents, Bills of Entry, Arsheya FTWZ, Panvel weighment certificate,

Octroi paid form and other documents within a weeks time. In case of delay in submitting

all documents, a penalty of Rs.100/- per document will be charged for every day of delay.

The decision of the Chief Manager (Materials) in this regard will be final.

15.0.0 Penalty for delay in canceling Bonds: In case of imported consignments where any bond

(PD Bond, End Use Bond, ITC Bond or any other Bond) is executed with Customs, the

Contractor shall get the Bond cancelled, within two months from the date of receipt of

documents by him, failing which the Contractor will be held responsible for all legal

consequences.

16.0.0 Failure to strictly comply with the procedures laid down in the contract will certainly result

in delays in payment of the Bills for which the company will not be in any way

responsible.

17.0.00 Liabilities of the Contractor regarding loss, damage etc.:

17.0.01 If and when any expenses such as demurrage, wharfage, etc., are incurred on account of

the negligence of the Contractor or his failure to exercise diligence and or to comply with

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the provisions of the relevant rules/regulations etc., the Chief Manager (Materials) can

after giving the Contractor an opportunity to explain, at his discretion, require the

Contractor to reimburse the Company the whole or any part of such expenses. The

decision of the Chief Manager (Materials) in the matter will be final and legally binding in

such cases wherein the losses, the amount of which per consignment does not exceed

Rs.20,000/- the decision of the Chief Manager (Materials) will be final. However, in cases

of losses over Rs.20, 000/- the procedure prescribed in Arbitration will apply. Here the

attention is invited to Arbitration Clause given in Para-34, provisions whereof will be

applicable.

17.0.02 The Contractor will be responsible for all losses or damages due to his negligence or that

of his servants from time he receives the shipment and during the period it is held by him

till the time, the cargo is delivered to the destinations. In such, case, the Chief Manager

(Materials) may, after giving the Contractor a chance to give explanation, make the

Contractor to bear the loss at single value of the cost of material.

18.0.00 Demurrage:

The Contractor will be required to render all the services expected of clearing Agents and

to ensure that no demurrage is incurred at CFS or container detention charges, carrying

the cargo. Such demurrage charges, if any , would be debitable to him. The Contractor will

also perform such auxiliary and incidental services and operations as will be required for

the proper execution of the Contract or as directed by Chief Materials Manager from time

to time. If the cargo is not cleared within free time due to non-availability of trucks any

demurrage and/or dwell time charges incurred will be recovered from the Contractor

The Contractor will ensure that all Customs /Port Trust / Shipping Lines / CFS procedures

for clearance of cargo from docks are complied well in advance to avoid the incurrence of

demurrage.

19.0.00 Working Hours: The Contractor shall be responsible for performing all or any of the

services detailed in and arising out of the Contract also at night when such operations are

necessitated to be carried out in order to have the consignments cleared in full within the

free period allowed by the Arsheya FTWZ, Panvel or to save extra demurrage on partly

cleared consignments.

20.0.0. Correspondence: All correspondence in respect of this invitation to tender should be made

in English quoting tender invitation reference number appearing on the front page.

Correspondence should be addressed in duplicate to:

Chief Manager (Materials), T&C,

Rashtriya Chemicals & Fertilizers Limited,

Administrative Building, (Ground Floor), Room No.20

Chembur, MUMBAI - 400 074.

Fax No. 25522320/25522231.

e mail :vijay_gaikwad@rcfltd.com; skkulkarni@rcfltd.com; ksinha@rcfltd.com

21.0.0 Splitting/Parallel Contract: Rashtriya Chemicals & Fertilizers Limited, reserves the right to

split the Tender in parts and award the Contract in full or in parts simultaneously or at

any time during the period of the contract with one or more Contractor as deemed fit.

14

22.0.0 Quantity of Work: RCF shall not guarantee any definite quantity of work to be allocated

to the Contractor at any time through out the period of the Contract. Payment will be

made based on the quantity actually handled.

23.0.0 Import Operations: The import operations will include the whole process of handling and

clearing containers from Arsheya FTWZ, Panvel, putting it on road, trucks, freighters or

any other means of transport until finally delivered at destination.

24.0.01 The labourers/trucks / trailers drivers and cleaners of the Contractors are prohibited to

have bathing and washing of clothes and vehicles or trucks inside the factory premises.

Any labourers found doing this will be immediately taken out of factory premises after

depositing the token with the gatekeeper and will not be allowed to enter the factory at

any time.

24.0.02 Overtaking, rash and negligent driving inside the factory is strictly prohibited. The

Contractor shall ensure that speed special regulations for driving inside the factory are

observed. The drivers/cleaners/workmen of the Contractors must not enter the factory

premises in drunken condition for which suitable action will be taken as deemed fit.

Contractor should park his vehicles/trucks outside the gate to enter the factory. Unless the

security guard on duty allows the vehicles/trucks to enter, the vehicles/trucks should not

be brought at the gate.

24.0.03 The Contractor will ensure that no underage person/child labour is employed by him or his

sub-contractor either inside or outside to perform RCF's contract. In case of any penalty

levied by a statutory body for employment of such labour, the same will be recovered

from the respective Contractor and paid to the concerned Agency and such Contractor

will be debarred from participating in future Tender in addition to liable for termination

of existing Contract.

24.0.04 In case of any accident within RCF premises compensation payable to his employee/victim

is the responsibility of the concerned Contractor.

24.0.05 The Contractor has to make the payment of the Mathadis directly with the Mathadi Board.

The Contractors have to sort out all the issues relating to the payment, wage rate, labour

problems and service conditions etc., and have to abide by all labour laws and the

provisions of the Mathadi Act.

25.0.00 Canteen facilities for Contractor's workmen: Contractor's workmen may avail canteen

facilities from our authorized canteen Contractors for Contractor's workmen against

payment. The canteen is situated inside the factory premises.

26.0.00 Tenders, which do not fulfill all or any of the above conditions or are incomplete in any

respect, are liable to be rejected summarily.

27.0.00 The General Terms & Conditions (GTC) is attached herewith and shall form part of this

NIT.

15

RASHTRIYA CHEMICALS & FERTILIZERS LIMITED

(A GOVERNMENT OF INDIA UNDERTAKING)

TROMBAY UNIT

MATERIALS DEPARTMENT

GENERAL TERMS & CONDITIONS (GTC) OF NIT FOR Customs Clearance, Forwarding,

Handling, De-stuffing of containers at CFS, Loading of Bagged cargo in to trucks, Transportation

of Trucks of Bagged Cargo from Nhava Shava Port / CFS to RCF, Chembur.

1.0.00 Definitions:

1.0.01 The term ‘CONTRACT’ shall mean and include the NOTICE INVITING TENDER (NIT)

the instructions to tenderer, the tender, Letter of Intent accepting the tender in part or full.,

special and general terms and conditions, directions and comments conveyed in writing,

the Work Order, and its subsequent variations if any, or any other authorized contract

documents, and those general and special conditions that may be added subsequently or

such other documents, specifications as may be prescribed.

1.0.02 The term ‘CONTRACTOR’ shall mean the person(s) firm, or company with whom the

Contract has been entered into and shall be deemed to include their representatives, heirs,

executors and administrators, successors, and permitted assignees of such person(s), firm,

or company.

1.0.03 The term ‘RCF’ shall mean Rashtriya Chemicals and Fertilizers Ltd having its Registered

Office at ‘Priyadarshini’, Eastern Express Highway, Sion, Mumbai - 400 022 and shall

include the administrative and executive officers authorized to deal with all matters

relating to the Contract and shall be deemed to include their successors and/or assignees.

1.0.04 The term ‘TENDERER’ shall mean the person(s), firm, or company who offer(s) a tender or

quotation duly signed in response to the invitation to tender issued by ‘RCF’ and shall be

deemed to include their representatives, heirs, executors and administrators, successors

and permitted assignees of such person(s), firm, or company.

1.0.05 The term ‘RAW MATERIALS’ shall mean Rock Phosphate, Sulphur, Muriate of Potash

(MOP), Mono-Ammonium Phosphate (MAP)/ Di-Ammonium Phosphate (DAP) imported

by RCF in bulk.

2.0.00 Instructions for submission of Tenders:

2.0.01 The tender shall be made out in English language. All other information will also be

supplied by the tenderer in English language. All amounts shall be indicated by tenderer

both in words as well as in figures, where there is difference between prices quoted in

figures and words, corresponding amount quoted in words shall prevail.

Tenders should be free from overwriting. All corrections should be duly attested by the

tenderer. Tenders should be signed by tenderers manually in long hand by persons who

are legally authorized to sign on behalf of the firm or company tendering and in case of

firm/company tender should bear its seal or stamp. The legal instrument of authority

either in original or a certified copy thereof empowering the person signing the tender

16

should accompany the tender. No oral, telephonic or telegraphic tenders or modifications

in the tenders shall be considered under any circumstances.

All tenderers are requested to submit their tenders STRICTLY as per the instructions given

below. Tenders should either be submitted personally in Room No. 20 at the office of

Manager (Materials), Administrative Building (Ground Floor), Rashtriya Chemicals &

Fertilizers Ltd., Trombay Unit, Chembur, Mumbai - 400 074 or sent by Registered post to

the same address so as to reach well in advance of the closing date and time. The

envelopes containing the tender should be superscribed with the Tender No. and date of

opening. The tenderers in their own interest are advised to notify the Manager (Materials)

by Fax, Date & Place of despatch of tenders. TENDERS RECEIVED AFTER CLOSING

DATE ARE LIABLE TO BE REJECTED.

2.0.02 Submission of tenders: Tenders are to be submitted in duplicate and should be type

written. Tenders are to be submitted in two separate sealed covers as follows.

i) EMD & Unpriced commercial part of tender (Part-I): The first sealed envelope should

contain Earnest Money Deposit and copies of unpriced Commercial part of tender. The

cover should be clearly marked 'Unpriced commercial part of tender' (Part-I).

ii) Commercial part of tender with price (Part-II): The second sealed envelope should contain

Schedule of Rates (Part-II) in the prescribed form as per Annexure-B enclosed with NIT

and in the units shown therein duly filled in and signed with price details. The rates

quoted in General Terms will not be accepted. The cover should be clearly marked with

"Part II of the tender - Price bid".

Also refer ANNEXURE -I ( Procedure for Award of Service Contract through e-Reverse Auction).

2.0.03 Both the envelopes should be put into an outer Envelope duly sealed. All these envelopes

should be properly superscribed with the Tender No. and due date and brief description

and the name of the Tenderer for proper identification.

3.0.00 Clarifications:

3.0.01 In case clarifications are required on invitation to tender, the tenderer shall approach RCF

in writing well before the opening of the tender, and RCF will provide the information

required in writing. However, failure to receive any addendum or clarification shall not

relieve the tenderer of any of the obligations stipulated in the invitation to tender.

3.0.02 The Invitation to tender with Annexures and all Attachments will be considered to have

been read, understood and accepted by the tenderers unless otherwise specifically stated

by them in writing well before the scheduled opening of the commercial part of the

tender.

The terms and conditions as embodied in the Contract shall be final and no changes shall

be allowed there from unless mutually agreed.

3.0.03 Before submitting the tenders, the tenderer should satisfy himself of all existing conditions,

limitations and official regulation at the site of the work and enroute and the laws

governing the Contract. No claim whatsoever shall be entertained on the grounds of

ignorance of site conditions and/or conditions prevailing in the surrounding areas.

4.0.00 Accompaniments: All tenders must be complete in all respect and should conform to all

requirements set forth in the enquiry, Annexure and Attachments. The contents of the

Tender invitation, Annexures and the Attachments will be considered to have been read,

understood and accepted by all the Tenderers.

17

5.0.00 Tender opening:

5.0.01 Tenders will be opened in two stages, hence both Part I & Part II should be in two separate

sealed envelopes duly superscribed with our Tender number, due date and indicating Part-I

and Part-II as under:

Part – I- Unpriced Commercial part of the tender, and shall include all documents listed in

NIT.

Part – II- Commercial part of the tender with Schedule of Rates (Price bid)

5.0.02 The Unpriced Commercial part of Tender (Part-I) will be opened in the presence of

tenderer's representative who choose to remain present.

5.0.03 The commercial part of tender (Part - II Price Bid) with Schedule of rates shall be opened

after the following:

1. The tenderer has fulfilled the Prequalification criteria.

2. The tenderer’s unpriced commercial bid is fully compliant with the NIT requirements

and found acceptable.

3. All the clarifications have been received and accepted by RCF.

Note: The date of price bid opening (Part-II) will be intimated separately.

5.0.04 The Price bid opening shall be followed by the process of e-Reverse Auction for

finalization of the placement of Work Order.

6.0.00 Earnest Money Deposit:

Earnest Money Deposit should be furnished as per Clause No. 2.0.04, Sr. No. 1.

Tenders received without Earnest Money Deposit or with the Earnest Money Deposit in a

manner other than what is mentioned above will not be accepted.

Govt. of India Undertaking and small-scale industries registered under single point

registration with national small-scale Industries Corporation are exempted from the

payment of Earnest Money Deposit.

Forfeiture of Earnest Money Deposit: If for any reason whatsoever any tenderer

withdraws his tender at any time prior to expiry of the validity period or after issue of the

Letter of Intent, Work Order, fails or refuses to execute the order or to furnish the Security

Deposit for faithful performance of the Contract within the stipulated time the amount of

Earnest Money Deposit is liable to be forfeited.

Refund of Earnest Money: Earnest Money Deposit will not carry any interest. Earnest

Money Deposited by the unsuccessful tenderers will be refunded as soon as possible.

Earnest Money Deposit of successful tenderers will be refunded after the successful

tenderer furnishes the required Security Deposit.

7.0.00 Validity of Tenders: All tenders should be kept valid for acceptance for 60 days from the

tender closing date. Tenders of lesser validity period may not be considered. No Tenderer

can withdraw his tender or revoke the same within the validity period. If the Tenderer

withdraws / revokes / revises the tender rate his Earnest Money Deposit shall stand

forfeited.

18

8.0.00 Security Deposit: The Security Deposit for faithful performance of the contract has to be

furnished by every successful tenderer. No exemption will be made. The scale of Security

Deposit to be furnished is as under:

10.00% of the Order Value.

The contractor will have to furnish Security Deposit within one month of award of the

contract as specified in the tender in the form of either a Demand Draft in favour of

Rashtriya Chemicals & Fertilizers Ltd. payable at Mumbai, or by means of Bank Guarantee

as per RCF's proforma (attached as Annexure-C), from any Nationalised/Scheduled Bank.

The Security Deposit shall be furnished to RCF, for a suitable period as prescribed by RCF

in the tender. The Bank Guarantee should be forwarded by the Contractor's Banker's

directly to RCF with the covering letter of the bank.

8.0.01 In the event of any breach of any of the terms and conditions of the Contract or the

Contractor neglects, delays or failure to perform the Contract, RCF shall have the right to

forfeit the security deposit. The security deposit shall not bear any interest

8.0.02 The Security Deposit shall remain at the disposal of RCF as a Security for the satisfactory

execution and completion of the work in accordance with the condition of the contract.

RCF shall be at liberty to deduct and appropriate from the security deposit, such losses,

damages, penalties and dues as may be payable by the Contractor under this contract and

the amount by which the security deposit is reduced by such appropriation will be made

good by the Contractor immediately, failing which the Contract is liable for termination in

addition to forfeiture of Security Deposit.

8.0.03 On due satisfactory performance and completion of the Contract in all respects and

certified by Manager (Materials), the Security Deposit will be returned to the Contractor

without any interest. The payment of Security Deposit by RCF absolves all and any

liabilities and in full and final settlement of the Contract and no further claims shall be

entertained by RCF.

9.0.00 Execution of Agreement: The Contractor shall execute an agreement (as per our format

enclosed at Annexure-II) with the Rashtriya Chemicals & Fertilizers Limited, Trombay

Unit, within 15 days from issue of Work Order on a Non Judicial Stamp Paper, to be

provided by them, of the value of Rs.200/-.

Pending execution of the agreement, the tender documents, letters of acceptance and other

relevant letters and communications between the Contractor and the Rashtriya Chemicals

& Fertilizers Limited, shall constitute a binding Contract.

10.0.00 Assignment or sub-letting of Contract: The Contractor shall not assign or sublet the

contract or any part thereof or allow any person interested therein in any manner

whatsoever without the previous consent in writing of RCF, which consent RCF shall be

entitled to withhold without assigning any reason or ground. Any breach of this condition

shall entitle RCF to take such steps as may be necessary and also terminate the Contract

and also rendering the Contractor liable for payment to RCF in respect of any loss or

damage arising or ensuing from such cancellation. The permitted subletting of work by the

Contractor shall not establish any contractual relationship between the sub-contractor and

RCF, and RCF shall not release the Contractor of any responsibility under the Contract. In

the event of sufficient dues not being available to reimburse RCF for the expenditure

incurred by it for the above, the Contractor shall reimburse RCF for the same.

19

11.0.00 Sub-Contract: Written consent of RCF should be obtained before the work is sub

contracted, in case the Contractor intends to employ Sub Contractor's. Sub contracting

shall not imply any limitation of Contractor's liability to fulfill the Contract. Should the

Sub Contractor, in the opinion of RCF appear to be unfit to carry out his part of the

Contract or the progress of the Sub Contractor’s work is such that the planned time of

completion within the terms of the order is jeopardized, RCF shall have the right to

instruct the Contractor in writing to terminate the Sub Contract without notice or a short

notice. This shall not give rise to any claim from Sub Contractor or relieve the Contractor

from any of his contractual obligations and responsibilities. The tenderer must furnish

the list of sub contractors whose services they intend to use along with the specific

function that they shall perform.

12.0.00 Insolvency or inability to perform Contract satisfactorily: Should the Contractor's

preparation for the commencement of the work or any portion of it or his subsequent rate

of progress be for any cause, whatever, so slow in the opinion of RCF (which shall be

conclusive) that the Contractor will be unable to complete the work or any portion thereof,

as agreed upon or should not have the work ready for delivery in conformity with the

contract or should neglect to comply with any directions given to him by RCF, or in any

respect fail to perform the Contract, RCF shall have power to declare the contract to an end,

in which case the Contractor shall be liable for any expenses, loss or damage which RCF

may incur, or sustain by reasons or, in connection with Contractor's default.

13.0.00 Termination/Alternative Handling of Contract: If the Contractor is unable or fails or

neglects to execute the works covered by the Contract, RCF reserves right to terminate the

contract in part or in full after giving a seven days notice in writing to the Contractor if in

the opinion of RCF the work under the Contract is not being done to his satisfaction in

accordance with the terms and conditions of the contract. The Contract shall be liable to be

terminated by RCF for any act of commission or omission on the part of Contractor or his

employees.

RCF also reserves right to get the job done by a third party in part or full at the risk and

cost of the Contractor. The Rashtriya Chemicals & Fertilizers Limited reserves the right of

appointing any other Contractor for services referred to in the contract to meet an

emergency or to get the work done departmentally if the Manager (Materials) or his

authorized representative of RCF (whose decision shall be final) is satisfied that the

Contractor is not in a position to render all the specific services during emergency period

when any such services are required

14.0.00 Compensation for submission of tender: Tenderers shall not be entitled to claim any costs,

charges, expenses or incidentals for or in connection with the preparation and submission of

their tenders even though Rashtriya Chemicals & Fertilizers may elect to withdraw the

invitation to tender or reject all tenders.

15.0.00 Right of Acceptance and Rejection of Tender: RCF reserves the right to accept at their sole

and unfettered discretion any tender for whole or part quantities or to reject any or all

tenders without assigning any reason thereof. No claim for compensation etc., whatsoever

will be entertained by RCF.

16.0.00 Past performance of the Contractors: The Contractors whose past performance have been

found not satisfactory, in the opinion of RCF, then, RCF reserves the right to refuse the

tender documents, or reject the tender while opening or evaluating the Tenders. The

decision of RCF regarding performance evaluations shall be final.

20

17.0.00 Period for the completion of the Contract: Time is the essence of the Contract. The

Contract should be completed as per the time schedule given in the Contract.

Notwithstanding the above, in case the progress in execution of the Contract at various

stages is not as per the time schedule or is not satisfactory in the opinion of the RCF which

shall be conclusive or if the Contractor neglects to execute the Contract with due diligence

and expedition or shall contravene the provisions of the Contract, RCF may give notice of

the same in writing to the Contractor calling upon him to make good the failure, neglect or

contravention. Should the Contractor fail to comply with such notice within the period

considered reasonable by RCF and specified in such notice RCF shall have the option and

be at liberty to take the Contract, wholly or in part, out of the Contractor and make

alternative arrangements to obtain the requirements and completion of the Contract at the

Contractor's risk and cost and recover from the Contractor all extra cost incurred and

liquidated damages by the RCF on this account. In such an event RCF shall not be

responsible for any loss that the Contractor may incur and Contractor shall not be entitled

to any compensation. RCF in addition shall have the right to forfeit security/performance

deposit in full or part.

18.0.00 In every case in which by virtue of the provisions of Section 12, subsection (1) of the

Workmen's Compensation Act 1923 or any other law for the time being in force, RCF is

obliged to pay compensation to a Workmen employed by the Contractor in execution of the

works, RCF will recover from the Contractor the amount of compensation so paid and

without prejudice to the rights of RCF, under Section-12, sub-section (2) of the said act or

any other law for the time being in force. RCF, shall be at liberty to recover such amount or

any part thereof by deducting it from the Security Deposit or from any sum due by RCF,

shall not be borne to entertain any claim made against it under Section-12, sub-section (2)

of the said act or any other law for the time being in force except on the written request of

the Contractor and upon his giving RCF full security for all costs for which RCF might

become liable in consequence of entrusting claims.

The Contractor shall be responsible to secure compliance with all Central and State Laws as

well as the rules, regulations, bye-laws and orders of the local authorities and statutory

bodies as may be in force from time to time. The Contractor shall give to the statutory

bodies, local authorities, notices etc., as may be required by law and obtain all requisite

licenses and pay all fees, taxes etc., in connection thereof as may be leviable on account of

his operations involved under this contract. The Contractor shall make good at his own

cost any damage to the property of RCF or any other body, persons, local authorities, etc.,

due to or arising from his operations involved under this contract. RCF shall have the right

to recover the cost of damage from dues payable or security deposit of the contract.

RCF shall have lien on and over all or any money that may become due and payable to the

Contractor under these presents, and/or also on and over the deposit or security amount or

amount made under the Contract and which may become payable to the Contractor under

the conditions in that behalf herein contained for or in respect of any debt or sum that may

become payable to RCF by the Contractor either alone or jointly with another or others and

either under this or under any other Contract or transaction of any nature whatsoever

between RCF and the Contractor. And further that RCF shall at all times be entitled to

deduct the said debt or sum due by the Contractor from the moneys, securities or deposit

which may become payable to the Contractor under these presents.

19.0.00 Settlement of disputes:

21

19.0.01 Arbitration: In the event of any question, dispute or difference arising, under the Contract,

the same shall be referred to the sole arbitration of a person appointed to be the Arbitrator

by CMD, RCF. There will be no objection that the Arbitrator is in service of RCF or that he

had to deal with the matters to which the Contract relates or that in the course of his duties

as an employee of RCF he had expressed views on all or any of the matters in dispute or

difference. The Arbitrator shall give a reasoned or speaking award. The award of the

Arbitrator shall be final and binding on the parties to the contract. In the event of death of

the Arbitrator, neglecting or refusing to act or resigning or being unable to act for any

reason, it shall be lawful for the CMD, RCF to appoint another Arbitrator in place of

outgoing Arbitrator in the manner aforesaid. The venue of arbitration shall be Mumbai

and the proceedings shall be under the Arbitration and Conciliation Act 1996 or any

amendments or modifications there under.

20.0.00 Jurisdiction of Court: The Contract shall be deemed to have been entered into at Mumbai

and all causes of action in relation to the Contract will thus be deemed to have been arisen

only within the jurisdiction of the Mumbai Courts.

21.0.00 Secrecy: Any information derived or otherwise communicated to the Contractor in

connection with the Contract shall be regarded as secret and confidential and shall not

without the written consent of the RCF be published or disclosed to any third party or

made use of by the Contractor except for the purpose of implementing the Contract.

22.0.00 Law governing the Contract: This Contract shall be governed by the laws of Union of

India.

23.0.00 Force-Majeure: Neither the Contractor nor RCF shall be considered in default in the

performance of their obligations as per the Contract, so long as such performance is

prevented or delayed for reasons, such as Acts of God, severe earthquake, typhoon or

cyclone (except monsoon) floods, lightening, land-slide, fire or explosion, plague or

epidemic, strikes lockouts accepted by Port Authorities, sabotage, blockages, war, riots,

invasion, act of foreign enemies, hostilities (whether war be declared or not) civil war,

rebellion, revolution, insurrection or military usurped power or confiscation or trade

embargoes or destruction or requisition by order of any Government or any public

authority. The proof of existence of force majeure shall be provided by the party claiming

it to the satisfaction of the other.

Contractor/RCF shall notify each other about the occurrence of the force majeure events

and provide RCF with the details of the arising and ceasing of the impediment. At the end

of the impediment Contractor shall provide justificatory documentation countersigned by

the Local Chamber of Commerce.

Should one or both the parties be prevented fulfillment of the contractual obligations by a

state of force majeure lasting continuously for a period of six weeks the two parties shall

consult each other regarding the future implementation of the Contract. The mere

shortage of labour, materials or utilities shall not constitute force majeure unless caused by

circumstances, which are themselves, force majeure.

Contractor shall endeavor to prevent, over come or remove the causes of force-majeure.

No ground for exemption can be invoked if the Contractor failed to give timely notice by a

registered Letter and subsequently supported by documentary evidence.

22

Annexure - A

STATUS OF THE TENDERER

1) Name of the Firm:

2) Year of Establishment:

3) Office Address:

4) Godown Address:

5) Telephone Nos. Office Godown

6) Fax Nos. Office Godown

7) Name of the person to contact: Office Godown

8) Status of the Firm e.g. whether a Company registered under Companies Act 1956 or a

Partnership Firm or Proprietary Concern:

(enclose Memorandum and Articles of Association / Partnership deed / Proprietorship)

9) Names of the Chairman/M.D./Directors (in case of Companies) or names of the

Partners (in case of partnership firm) or name of the proprietor (in case of proprietary

Concern):

10) Whether SSI Registered under NSIC (NSIC Certificate to be furnished)

11) Income Tax Account No., PAN No. (enclose copies of Income tax returns filed for last

three assessment years.)

12) C.H.A. Licence No. Date of Registration Valid upto

(Enclose attested copy of valid CHA Licence Certificate.)

a) Copy of registration with FTWZ, Panvel.

13) Name of the Bankers:

(Enclose Bankers Certificate about Solvency Status in Bankers Sealed Cover.)

14) Name and designation of the relative(s), if any, of Partner/Director/Tenderer serving in

RCF and their relationship : Name_________ : Relationship_______

15) Name of the Management Staff:

i ) Chief Executive

16) Personnel - Total No. employed:

I) Executive

II) Dock Clerks

III) Other Staff

Details of Office Premises at MBPT/JNPT/FTWZ

Details of Organizational structure at MBPT/JNPT/FTWZ

17) List of major Customers during last three years:

List of major Customers presently working for:

18) Balance Sheet and Income Statement of the Company for the last 3 years:

(duly certified by a Chartered Accountant Firm).

19) Description of experience (attach separate sheet if required :)

20) Details of Rock Phosphate, Sulphur, MOP, MAP/DAP or any other imported dry bulk

material handled at MBPT during last seven years.

SIGNATURE

DATE: NAME & DESIGNATION

23

Annexure - B

Price Bid Format :

Description Rate in Rs

Per MT

Service Tax

applicable %

1 a Customs Clearance and Forwarding, Processing of

documentation till obtaining Customs Out of

Charge at designated CFS.

b. Destuffing of containers at CFS .

c. Loading of Bagged raw material cargo in to Trucks

2 Transportation to RCF Ltd., Chembur. The trucks to

be duly covered with tarpaulins ensuring that there

are no infringement of Pollution Control Board

Regulations.

Taxes Applicable – Pl. indicate

24

Annexure - C

FORMAT FOR BANK GUARANTEE TOWARDS SECURITY DEPOSIT AND

PERFORMANCE GUARANTEE

(To be submitted on Rs. 200/- non judicial stamp paper)

Bank Guarantee No. __________ dated ________

M/s Rashtriya Chemicals & fertilizers Ltd,

………………….,

…………………..

…………………..

Dear Sirs,

In consideration of M/s Rashtriya Chemicals and Fertilizers Limited, [hereinafter referred to as

‘RCF’, which expression unless repugnant to the context and meaning thereof shall include its

successors and assigns], having agreed to exempt, M/s

__________________________________having its registered/principal office at

______________________________________________ [hereinafter referred to as ‘Supplier /

Contractor’ which expression unless repugnant to the context and meaning thereof shall include its

successors and assigns], from depositing with RCF a sum of Rs.___________ towards security /

performance guarantee in lieu of the said Supplier / Contractor having agreed to furnish an

irrevocable bank guarantee for the said sum of Rs. _________ as required under the terms and

conditions of Contract / Work Order / Purchase Order no. ______________________ dated

__________ [hereinafter referred as the ‘Order’] placed by RCF on the said supplier / contractor, we,

____________________________________________ [hereinafter referred to as ‘the Bank’which

expression shall include its successors and assigns] do hereby undertake to pay RCF an amount not

exceeding Rs. ______________ [Rupees _________________ ] on demand made by RCF on us due to

a breach committed by the said Supplier / Contractor of the

terms and conditions of the Order.

1. We ____________ the Bank hereby undertake to pay the amount under the guarantee without

any demur merely on a demand received in writing from RCF stating that the Supplier /

Contractor has committed breach of the term(s) and/or condition(s) contained in the Order and/or

failed to comply with the terms and conditions as stipulated in the Order or amendment(s) thereto.

The demand made on the Bank by RCF shall be conclusive as to the breach of the term(s) and/or

condition(s) of the Order and the amount due and payable by the Bank under this guarantee,

notwithstanding any dispute or disputes raised by the

said Supplier / Contractor regarding the validity of such breach and we agree to pay the amount so

demanded by RCF forthwith and without any demur. However, our liability under this guarantee

shall be restricted to an amount not exceeding Rs. ______________ [Rupees _________________ ].

2. We, ______________ the Bank further agree that this irrevocable guarantee herein contained shall

remain in full force and effect during the period that would be taken for the performance of the said

Order and that it shall continue to be enforceable till all the dues of RCF under or by virtue of the

said Order have been fully paid and its claim satisfied or discharged or till RCF certifies that the

terms and conditions of the Order have been fully and properly carried out by the Supplier /

Contractor and accordingly discharge the

25

guarantee.

3. We ________________ the Bank, undertake to pay to RCF any money so demanded

notwithstanding any dispute or disputes raised by the said Supplier / Contractor in any suit or

proceedings pending before any court or tribunal relating thereto as our liability under this present

being absolute and unequivocal. The payment so made by us under this Guarantee shall be valid

discharge of our liability for payment there under and the said Supplier / Contractor shall have no

claim against us for making such payment.

4. We ________________ the Bank further agree that RCF shall have full liberty, without our

consent and without affecting in any manner our obligation hereunder to vary any of the terms and

conditions of the Order or to extend time of performance by the said Supplier / Contractor from

time to time or to postpone, for any time or from time to time, any of the powers exercisable by the

RCF against the said Supplier / Contractor and to forbear or enforce any of the terms and

conditions relating to the Order and shall not be relieved from our liability by reason of any such

variation or extension being granted to the said Supplier /Contractor or for any forbearance, act or

omission on the part of RCF or any indulgence by RCF to the Supplier / Contractor or by any such

matter or thing whatsoever which under the law relating to sureties would but for this provisions

have effect of so relieving us.

5. In order to give full effect to this guarantee, RCF will be entitled to act as if the BANK were the

principal debtor and the BANK hereby waives all rights of surety ship.

6. Our liability under this bank guarantee is restricted to Rs. _________ [Rupees

__________________] and shall remain in force up to _______________ and thereafter till the expiry

of the extended period, if any, (hereinafter Validity period). Unless a demand is made under this

guarantee on us in writing at any time from the date of issue of the guarantee till the expiry of the

Validity period, we shall be discharged from all liabilities under this guarantee thereafter.

7. The claim, if any, under this guarantee, shall be lodged at (address of BANK & Branch)

_________________________________________.

8. This guarantee will not be discharged due to change in the constitution in the Bank or the said

Supplier / Contractor or the provision of the contract between Supplier /Contractor and RCF.

9. The BANK hereby agrees that the Courts in Mumbai shall have exclusive jurisdiction in any

matter of dispute between RCF and the Bank and the Bank hereby agrees to address all the future

correspondence in regard to this bank guarantee to

Chief Finance Manager,

Rashtriya Chemicals and Fertilizers Limited,

Administrative Building, Mahul Road, Chembur,

Mumbai 400 074. INDIA.

10. We have the power to issue this Guarantee in your favour under the Charter of our Bank and

the undersigned has full power to execute this Guarantee under the Power of Attorney granted to

him by the Bank.

26

11. We, _____________ the Bank lastly undertake not to revoke this guarantee during its currency

except with the previous consent of the RCF in writing.

SIGNED AND DELIVERED ON THIS _______________ DAY OF ________

Yours faithfully,

For and on behalf of _____________________. (bank)

Signature of Authorised Official of bank

Name of the Official:

Designation of the Official:

Name of Bank:

Branch:

Address of Branch:

Telephone / Mobile No :

Fax No:

Email Id:

27

Annexure - D

LIST OF RCF APPROVED BANKERS FOR BANK GUARANTEES

( as updated by Corporate Finance on 23.02.2013)

A) STATE BANK OF INDIA AND IT’S ASSOCIATE BANKS:

1. State Bank of India,

2. State Bank of Bikanar & Jaipur,

3. State Bank of Hyderabad,

4. State Bank of Mysore,

5. State Bank of Patiala,

6. State Bank of Travancore.

B) NATIONALISED BANKS:

1. Allahabad Bank,

2. Andhra Bank,

3. Bank of Baroda,

4. Bank of India,

5. Bank of Maharashtra,

6. Canara Bank,

7. Central Bank of India,

8. Corporation Bank,

9. Dena Bank,

10. Indian Bank,

11. Indian Overseas Bank,

12. Oriental Bank of Commerce,

13. Punjab & Sind Bank,

14. Punjab National Bank,

15. Syndicate Bank,

16. UCO Bank,

17. Union Bank of India,

18. United Bank of India,

19. Vijaya Bank.

C) OTHER BANKS:

1. Catholic Syrian Bank Ltd

2. City Union Bank Ltd

3. Kotak Mahindra bank Ltd.,

4. South Indian Bank Ltd.,

5. Tamilnad Merchantile Bank Ltd.,

6. The Federal Bank Ltd.,

7. The Jammu & Kashmir bank Ltd,

8. The Karnataka Bank Ltd,

9. The Karur Vyaya Bank Ltd,

D) FOREIGN BANKS:

1. American Express Bank Ltd,

2. Bank of American National Trust & Saving Association,

3. Bank of Tokyo – Mitsubishi UFJ Ltd,

4. Barclays Bank PLC

5. BNP Paribas

6. Calyon Bank

7. Citibank N.A.,

8. Deutsche Bank,

9. Development Bank of Singapore (DBS)

10. Hong Kong & Shanghai Banking Corporation Ltd,

11. JP Morgan Chase Bank,

12. Royal Bank of Scotland

13. Standard Chartered Bank,

F) PRIVATE SECTOR BANKS :

1. Axis bank Ltd

2. HDFC Bank Ltd

3. ICICI Bank Ltd

4. IDBI Bank Ltd

5. ING Vysya Bank Ltd

6. Yes Bank Ltd.

28

Annexure - E

FORMAT FOR AGREEMENT TO BE EXECUTED BY A SUCCESSFUL TENDERER

This MEMORANDUM OF AGREEMENT is made and entered into on _________ (Date of

Work Order) between RASHTRIYA CHEMICALS & FERTILIZERS LIMITED, a Company

registered under the Companies Act, 1956 having its Registered Office at Priyadarshni,

Eastern Express Highway, Sion, Mumbai-400022 (hereinafter referred to as “RCF” which

expression where the context so admits shall include its successors and assigns) on the first

Part and M/s. _______________a Company registered under ___________having its Registered

Office at ___________________(hereinafter referred to as the “CONTRACTOR” which

expression where the context so admits shall include its successors and assigns) on the other

Part.

Whereas RCF had invited Tender No. dated for carrying out the work of Customs

Clearance, Forwarding, Handling, De-stuffing of containers at Nhava Shava Port / CFS and

Loading of Bagged cargo onto trucks, Transportation by Trucks of bagged cargo from

Nhava Shava Port / CFS to RCF, Chembur.

Whereas the CONTRACTOR had offered to undertake the Work vide letter No.

Whereas both parties further negotiated the terms and conditions and have mutually agreed

for the same and are desirous of reducing the same in writing.

Now therefore it is witnesseth as under:

In consideration of RCF having agreed to pay to the Contractor as per the rates agreed, the

Contractor shall carry on the Work of Customs Clearance, Forwarding, Handling, De-

stuffing of containers at Nhava Shava Port / CFS and Loading of Bagged cargo onto trucks,

Transportation by Trucks of bagged cargo from Nhava Shava Port / CFS to RCF, Chembur

in accordance with the Work Order No.__________ dated ____________.

The Contractor shall be paid for the satisfactory work done at the Rates specified in the

Schedule of Rates.

The Contract shall be performed in accordance with the terms and conditions as agreed based

on the following documents, which form part of this Agreement:

a)

b)

FOR AND ON BEHALF OF

Rashtriya Chemicals & Fertilizers Limited

(Signature with Seal)

WITNESS:

1.

2.

FOR AND ON BEHALF OF

M/s.

WITNESS:

1.

2. (Signature with Seal)

29

Annexure - F

(FORMAT FOR SOLVENCY CERTIFICATE)

(On Bank’s Letter Head)

______________________________________________________________________

REF NO: ………………… DATE: ……………

To Whomsoever Concerned

This is to certify that to the best of our knowledge and information,

M/s___________________________ (Bidders name with complete address), a customer of our Bank,

is respectable, and is capable of executing orders to the extent of Rs._________

(Rupees________________________). M/s _________________ have been our customer since ______

to date and has been granted the following limits, at present, against various facilities granted by

the Bank:

……………………… ……………..

……………………… ……………...

This certificate is issued without any guarantee, risk or responsibility on behalf of the Bank or any

of its officials.

This certificate is issued at the specific request of the customer.

Yours faithfully,

(Bank Official’s signature & stamp)

30

Annexure - G

FORMAT- for clearing of Payment by ECS

REF: Date:

Dy. General Manager (Commercial),

Rashtriya Chemicals & Fertilizers Ltd,

Administrative Building, Chembur,

Mumbai 400074.

Sub: Bank details for Electronic Payment.

Ref:

Dear Sir,

With reference to your above enquiry, I/We are agreeable to receive the payments by direct

credit to our below mentioned bank account through RBI ECS or SBI Internet banking facility.

Vendor Name

E-mail Id

RCF Vendor code No.

Phone No.

Fax No.

Particular of Bank Account:

Name of the Bank.

Branch code.

Address:

City Name

Telephone No. of Bank

Fax No. of Bank.

9 digit code No. of Bank & Branch appearing on the

MICR cheque issued by your Bank.

Type of Account( for SB A/c=10

Current A/c-11 or CC=13

Account No( As appearing on cheque book).

Income Tax PAN No.

The following are attached in authentication of above bank details.

1. A blank cancelled cheque /Photocopy of a cheque.

2. A copy of Bank Pass Book first page containing name and address of A/c holder.

I/We hereby declare that the particulars given above are correct and complete. If the transaction

is delayed or not effected at all for reasons of incomplete or incorrect information, I/We would

not hold the user institution responsible. I/We agree to discharge the responsibility expected of

me as a participant under the scheme.

For and on behalf of

Signature. COMPANY SEAL.

31

Annexure - H

Format for EMD payment through Triplicate Challans by depositing cash in SBI

Note : The PDF format for Triplicate challans for depositing EMD by cash can be downloaded from RCF’s

website.

32

Annexure - I

33

34

Annexure - J NOTES TO VENDOR :

A. Obligation to follow safety systems & procedures work permit system and regulations

i. Do not carry out any work without valid Work Permit issued by the authorized person in the Factory as

per Work Permit System.

ii. Entry of all Workmen inside the Factory shall be guided by the rules and regulations prevailing at RCF

from time to time. Vendor shall arrange necessary Gate Entry Passes for all manpower in advance, duly

completing all security formalities.

iii. Vendor shall arrange adequate & skilled Manpower and Supervisor. Manpower deployed by Vendor

should be experienced in similar type of jobs. All Equipment, Tools & Tackles used should be of

appropriate Type and Size and approved by the competent authority for its Safe working limit. All

Equipment and materials (both Consumables and non-Consumables) shall be brought inside the factory

with proper Gate Entry only and proper Records shall be maintained. These Gate Entry Records will be

referred to while taking out the materials after completion of the jobs, failing which such materials will not

be permitted to be taken out.

iv. Vendor must provide Safety Shoes, Helmets, Safety Belts and other Personal Protective Gears as per SHE

conditions to all his Workers while carrying out the job. All Supervisors and Workmen of the Contractor

must wear the following Personal Protective Equipment (PPE) without which permission to work will be

denied.

v. Vehicles plying inside Factory should be fitted with approved Spark Arrestors at their Engine exhaust

vi. Training in Fire & Safety is mandatory for all Contractors' Supervisors and Manpower

vii. The Contractor must ensure that each one of his Employees clearly understand the Fire Communication

requirement, i.e. in case of Fire Siren is sounded they should assemble at designated location. The

Contractor while providing on-the-job training may ensure this.

viii. Contractor must provide and maintain at his Worksite an appropriate Display Board, displaying

information as per RCF "Work Site Display Board" specification.

ix. Contractor must attend all scheduled Safety Meetings as would be intimated to him by RCF Engineer in-

Charge. Contractor also must ensure that all his Employees participate in Safety promotional activities

organized by the Factory.

x. Contractor who engages Laborer for his jobs in the factory must submit Police Verification of

Antecedents of Laborers engaged by him.

xi. Contractor will not carry out any work without having Supervisor at site. If it is required to work

simultaneously in more than one location under the same Contract, One Supervisor must be deployed at

each of the locations.

xii. Contractors whose Safety Records are not satisfactory will be viewed seriously and necessary action (viz

cancellation of Registration/Contracts) shall be taken by RCF

B. Compliance with Statutory requirement -Contractors in the Factory shall abide by

i. The Safety regulation of the RCF, as mentioned in the Fire & Safety regulations

ii. All requirements under the Factories Act 1948 and the rules framed there under in the Maharashtra

Factory Rules 1963, including all amendments thereto.

iii. All requirements of Worker Compensation Act & ESIS Act, including all amendments thereto.

iv. Applicable Environment regulation in force and also the Systems and Procedures in the Factory related to

Environment.

v. The provisions of all labour laws i.e. central and state which are in force and are applicable to contract

labour must be complied with.

35

PRE-EMPLOYMENT MEDICAL EXAMINATION (BEFORE ENGAGAEMENT) OF CONTRACT WORKERS:

Contractors will have to submit a certificate of fitness in Form 6 in respect of workers to be engaged inside the

factory and no person / contract labour shall be employed without a valid certificate of fitness. The contractors will

get the Pre-Employment Medical Examination of his workmen done from the below mentioned approved

Doctor/Agency only:-.

Sr. Name , Address Qualification/Degree Contact No.

1 Dr.R.A. Chhoga

Meena Medical Centre,

Opp Sulbha School,

Near Sahakar Taakies,

L-4,29/30,Brindavan,TilakNagar,

Behind Shopper’s Stop,

Chembur-4000089

M.B.B.S.(Bom), D.H.M.,

A.F.I.H., C.U.W.M.

25271251

(M)9820020004

2 Dr .Devendra B.Ingale

Keshavsut Diagnostic Clinic,

4/1,ChandrodayHsg.Society,

Opp. Meena Towers,

Swastik Park , Chembur,

Mumbai-71

M.D.(Bom), A.F.I.H., D.I.M.,

L.L.M.

Certifying Surgeon

25226567

(M) 9869005451

3. Dr. Prakash Panchal

Jagatguru OHC Centre

2,United Western Apartment,

V.S.Road,

NearSiddhi Vinayak Temple,

Prabhadevi,Mumbai-400025

Certifying Surgeon,

Government of Maharashtra

(DISH)

Mumbai& Suburban.

24361861

(M) 9870341805

Timings:Mondayto Saturday

9.30 A.M to 1.30 P.M.

6.30 P.M. to 9.00 p.m.

4. Dr.Abhay Narayankar

Prism Diagnostic Centre

& Polyclinic105,1st Floor,

Mohamadi House,

Near Anjuman Highschool,

Kurla(W), Mumbai-400070

M.B.B.S., A.F.I.H. 26524374

(M)9869300956

5. Dr.Milind Sardesai,

Shanti Niketan,

Ground Floor,8th Road ,

Near Ahobila Math,

Near Diamond Garden,

Chembur, Mumbai- 400 074

M.B.B.S., A.F.I.H.

(Industrial Health Consultants)

Saturday & Sunday

10 AM to 1 PM, 4 PM to 8 PM,

Contact: Dr. Vasant Sardesai –

Appointments (M)9833128952

6. Dr. D.G. Pandit

Gurukrupa Hospital & Polyclinic

OHC, Govardhan Dham,

Khopat, Thane (W)- 400 601

Certifying Surgeon 25346446/ 25404263

Dr. D.G. Pandit

(M) 9821121261

Dr.KiranPandit

(M) 9821090696

7. Dr. Pradeep V. Mahajan

R-831, T.T.C. Thane Belapur Road

Navi Mumbai

Certifying Surgeon 27691981/27691679

(M)9867220015