Tender Document No. Issued to: Incharge (P&P) JAMMU AND KASHMIR CEMENTS LIMITED (A J&K Government Undertaking) Crystal Heights, Sonwar, Srinagar, Kashmir-190001 Phone Nos: (0194) 2465016-2465075 Email jkcl.pp@hotmail.com Divisional Office Works JLN Udyog Bhawan, Khrew Cement Works 5th floor, Khrew, Distt: Pulwama Rail Head Kashmir - 191103 Jammu -180 012 Phone: 01933-245324 Phone: 0191-2474368 01933-245325 Fax: 0191-2474369 Tender Document for NIT No. 06 dated 18.07.2017 For Supply of Hammers of Lime Stone crusher for Khrew Cement Plant, Pulwama Detailed General Terms & Conditions Office of the Incharge (Procurement & Planning) Jammu & Kashmir Cements Limited Srinagar. (1)
(2) DUPLICATION Unless otherwise provided in the contract documents, these general conditions shall apply to the work of all sections and specifications attached hereunder. DEFINITIONS (a) Company : Jammu & Kashmir Cements Ltd (b) MD : Managing Director J & K Cements Ltd (c) G.M : General Manager from any wing of the company (d) FA&CAO : Financial Advisor and Chief Accounts Officer (e) DGM : Dy. General Manager from any wing of the Company (f) Manager : Manager from any wing of the Company (g) DM : Dy. Manager from any wing of the Company (h) JKCL : Jammu and Kashmir Cements Limited (i) Owner : Jammu and Kashmir Cements Limited (j) Management : Management of the Company (k) Engineer : Any designated Engineer of the Company (l) State Govt. : Govt. of Jammu and Kashmir (m) Central Govt. : Government of India (n) Supplier : On whom the supply order / work order is placed under the current NIT and as per the Codal : Procedures of the Company (o) Job : The terms of job as per the supply / work order (p) Site : The site shall mean the entire premises of our Works at Khrew, Distt. Pulwama, Kashmir (q) DOJ : JKCL Divisional Office at Jammu (r) TOC : Tender Opening Committee of JKCL. 1.0 On behalf of Jammu and Kashmir Cements Limited, Srinagar sealed tenders for supply of Hammers of Lime s Stone Crusher for Khrew Cement Plant against NIT No.06 dated 18.07.2017 are invited from reputed manufacturer/dealers as per the quantity, specifications given in the Annexure A of this tender document Seal and Signature
-3-1.1 The tenders in duplicate shall be submitted under two cover system containing the following details / particulars:- COVER IST (a) This cover should contain Earnest Money Deposit in the shape of CDR / FDR for an amount of Rs.15,000/-(Rupees fifteen thousand only)pledged to FA & CAO, J&K Cements Ltd. (b) General/commercial Terms and Conditions, literature, list of clients and any other relevant technical details / documents. (c) A copy of this Tender Document duly signed and stamped in token of having accepted the specification of casting items and other terms and conditions contained herein. COVER 2 nd 2.0 Price bids (in duplicate) of offer, specifying the element of Basic Price, Sales Tax / VAT, Excise Duty, Freight, etc. a) The sealed envelope containing the tender (two covers i.e cover Ist & cover 2nd) should superscribed Tender for purchase of casting items against NIT No.06 dated 18.07.2017 due on 10.08.2017 upto 2.00 PM. 2.1 The rates quoted should be clear and legible without any over writing or erasing, however, corrections, insertion in the items other than the rate should be properly initialed. Tender written in pencil, partly typed or partly handwritten or written in different inks shall be rejected. Tender must be clearly written. All rates must be written both in figures as well as in words. Each page of the submitted offer should be duly authenticated by the supplier. 3.0 Earnest Money 3.1 Tenders should be accompanied with the CDR/FDR amounting to Rs.15,000/-(Rupees fifteen thousand only) and pledged to FA &CAO, Jammu Kashmir Cements Limited, Crystal Heights, Sonwar, Srinagar from any Scheduled Bank having a branch in J&K State. The tenders which are not accompanied with earnest money in the shape of CDR/FDR shall be rejected straightaway and their price bid /s shall not be opened. 3.2 In case of successful tenderer, the Earnest Money shall be refunded after one month of successful completion of the contract. The EMD of the unsuccessful tenderer will be released automatically after finalization of contract / case. I/C(P&P) Seal and Signature
-4-3.3 The Earnest Money of the tenderer(s) who back out or withdraw their tenders or fail to abide by it after the acceptance is conveyed or posted to the addressee shall be forfeited by J&K Cements Limited. Besides, JKCL reserves the right to take other remedial measures under law in force in J&K State, to recover the extra cost involved in getting the contract executed through some other agency at the risk and cost of the defaulter. 3.4 Conditional tenders that are made subject to market fluctuations or to any other such condition shall be liable to be rejected. 4.0 INTERDEPENDENT & CONDITIONAL TENDER 4.1 Tender(s), which are dependent upon the quotations of others, shall not be entertained. 4.2 Tender(s) which have conditions linked to quoted rates and terms shall be rejected. 4.3 The Tender Documents are non-transferable. Tender(s) shall be entertained by the department only from such firms who have purchased the Tender Documents in their own name. 5.0 SUB-LETTING 5.1 It is hereby agreed that the contractor shall not sub-let or assign any part of the work under this contract to any person without obtaining the written consent of JKCL. It is further agreed and understood that assigning or subletting any part of the work shall not in any way give a cause to the contract to get himself released from the objectives, terms & conditions of the contract. The JKCL consider the contractor responsible for all the work carried out by the sub-contractors. The payment to all such contractors shall be made by the contractor and not by JKCL. 6.0 EXPENSES FOR TENDERING 6.1 The tenderer(s) shall not be entitled to any claim towards expenses incurred / incidental to the submission of the tenders or subsequent evaluation, clarification thereof. 7.0 CLARIFICATION 7.1 In response to any clarifications or conditions/ technical provision set forth in the tender document, the tenderer(s) shall address this office in writing seven or more days before the last date fixed for acceptance of offers. I/C(P&P)
-5-8.0 PRICES 8.1 The interested parties should quote rates including all taxes i.e. Taxes, Packing and Forwarding, Freight Charges, Transit Insurance, etc. 8.2 The rates quoted in the tender shall be firm and shall not be made subject to any variation due to any market fluctuation or legislation s during the currency of the contract. 9.0 TAXES 9.1 Taxes viz. GST etc. If applicable to be quoted separately shall be paid as per actual on production of original bill. 10.0 CUSTOM DUTY 10.1 In case of Custom duty, if applicable, it shall be the obligation of the successful tenderer towards payment of custom duty at the time of execution of agreement. 11.0 RECEIPT AND OPENING OF TENDER 11.1 The tender complete in all respects should reach the office of, J&K Cements Limited, Crystal Heights, Sonwar, Srinagar, Kashmir, Pin -190001, by post / by hand or by courier latest by 10.08.2017 up to 2.00 PM. No tender shall be entertained after the stipulated date/time. The tenders shall be opened on the same date i.e 10.08.2017 at 3.00PM at our Srinagar office or on any subsequent day convenient to Tender Opening Committee of this organization in presence of such tenderer (s) who may wish to be present at the time of opening of tenders. 12.0 VALIDITY 12.1 Tender shall be valid for 90 (ninety) days from the date of opening of the tenders. Such of the tenders, which are not valid for specified period, shall be liable for rejection. 13.0 SCOPE OF TENDER 13.1 The scope of tender is Supply of Hammers of Limes Stone crusher for Khrew Cement Plant indicated in the Annexure A of this Tender Document to our Khrew Cement Works, Khrew, Distt. Pulwama, Kashmir as per specifications given. Supplier is free to call for more information and clarifications before quoting.
-6-13.2 If it comes to the notice of J&K Cements Ltd, that the tenderer have within the specified period offered lower rates other than freight component to any other party within the territorial limits of J&K State, the action under rules for affecting recoveries on account of cost variation so involved for the entire supply shall be taken besides action for black listing the firm within the jurisdiction of J&K State along with other remedial measures initiated. 14.0 DELIVERY 14.1 The successful tenderer, on whom the order for Supply of Hammers of Limes Stone Crusher for Khrew Cement Plant shall have to strictly abide by the delivery schedule fixed by JKCL. 15.0 TERMS OF PAYMENT 15.1 100% payment shall be released in favour of the supplier against despatch of following original documents through J&K Bank Limited, Residency Road, Srinagar, Kashmir- 190 001, which may be negotiated in the name of FA&CAO J&K Cements Limited, Crystal Heights Building behind J&K Bank Branch Sonwar, Srinagar-190001 (Kashmir). a) Original Invoice with additional two copies. b) Original GR/RR. c) Original Challan/ Packing list. d) Original Inspection Report. e) Copy of Insurance letter. 16.0 ADVANCE INTIMATION 16.1 The supplier shall despatch the copy of following documents by speed post/courier to Incharge (Procurement & Planning), J&K Cements Limited, Crystal Heights, Sonwar, Srinagar 190001 immediately after despatch of material/consignment to facilitate us to keep track of the consignment: 1. GR/LR 2. Bill 3. Test certificate, 4. Inspection report 5. Insurance cover 6. Packing slip / Challan (if any) 7. Cenvat bill (Duplicate for transporter) 8. Any other documents as specified in the supply order.
-7-17.0 WARRANTY. 17.1 The material should be brand new, genuine, and shall conform the specification as given in the order and as per the drawing s. The material shall be guaranteed for 12 months from the date of installation or 18 months from the date of dispatch which ever is earlier. In case of any variation/defect, the supplier shall have to make free replacement of such equipment/spares F.O.R our works at Khrew 21.0 ACCEPTANCE OF TENDER. 21.1 As soon as acceptance of tender is communicated to the successful tenderer/(s) the contract shall be complete and binding on him. 18.0 Insurance. 18.1 In order to cover the material against transit risk, the supplier has to send the necessary despatch details to our Insurers Viz; The Branch Manager, National Insurance Company, Divisional Office, Opp. Fire Brigade Batamaloo, Srinagar. 190001. E-mail. mr.bala.@nic.co.in 19.0 Inspection: 19.1 The material shall be subject to inspection by supplier firm at their works. Supplier will, also provide us inspection report alongwith documents for our reference and records. The material will also be inspected at our works at Khrew. 20.0 LIQUIDATED DAMAGES. 20.1 For delay in delivery beyond the agreed delivery schedule the supplier will be liable to pay liquidated damages @ 2 % (two percent) of the total contract value per week subject to maximum of 10% (ten percent) of the total value. 21.0 ARBITRATION 21.1 In the event of any question / dispute, breach of trust or differences arising in response of the meaning and scope of terms and conditions herein or in connection with any matter under this agreement (except for those terms and conditions) the same shall be referred to the sole Arbitrator by an office of J&K Cements Limited Srinagar, appointed by its Managing Director. There will be no objection if the Arbitrator is an employee of the Corporation and he/she at any time in discharging of his/her 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 an Arbitrator, ceases to be in the employment of the Corporation, because of his/her superannuation or otherwise in any manner shall no longer remain as an Arbitrator from that date and
-8- Managing Director of the Corporation shall appoint another employee of the Corporation as sole Arbitrator in his/her place who shall proceed in the matter from the stage where previous Arbitrator had left the proceedings. The Arbitrator shall give award with reason in respect of each claim, dispute(s).the award of the Arbitrator shall be final and binding on the parties to this contract. Arbitrator shall be deemed to have entered upon the reference on the date he issued notice to both the parties fixing the first date of hearing. The Arbitrator may from time to time, with the consent of the parties to the contract enlarge time for making the award. Subject as aforesaid, the Arbitration Act 1940 and the rules made thereunder any statutory modifications thereof for the time being in force shall apply to the Arbitration proceedings under this clause. The work under the contract shall be continued uninterrupted during the tendency of the Arbitration proceedings and no payment due from one to the other party therein shall be withheld on any account of pendency of such proceedings unless such payment relates to the matter under Arbitration. The venue of the Arbitrator shall be Srinagar / Jammu or such other place as the Arbitrator at his/her discretion may find suitable. 22.0 FORCE MAJEURE 22.1 If at any time during the continuance of this agreement it becomes impossible by reasons of war or war like operations strike or lockout, riots, civil commotions, pestilence, epidemical sickness, earthquakes, fire, storms or floods, power restrictions or other hindrance beyond you or your supplier s control, you shall during the continuance of such contingency not be bound to execute the contract as per agreement. Provided always that the work shall be resumed immediately and your obligations shall continue to be in force for correspondingly extended period after resumption of the execution. You shall inform us about such case as and when it occurs by registered post failing which no notice will be taken for any such cause. 23.0 LEGAL PROCEEDINGS. 23.1 The courts in the state of J&K shall have exclusive jurisdiction to adjudicate on all matters between the parties of this tender. 24.0 POWER TO CANCEL THE CONTRACT. 24.1 The Managing Director, J&K Cements Limited reserve the right. a) To reject/accept any or all the tender without assigning any reason thereof. b) To split up the scope of tender and place orders for the same to more than one tenderer on the lowest rates. c) To increase or decrease the tendered quantity. The terms and conditions of the NIT as well as specification and quantities can be changed at any time without prior intimation. Incharge (Procurement & Planning) For and on behalf of Jammu and Kashmir Cements Limited Srinagar, Kashmir. Encl: Drawing
Annexure A Sr.No. Description Qty. 1. Hammers Drg. No. KC-C-02 42 Nos