NEELACHAL ISPAT NIGAM LIMITED Kalinga Nagar Industrial Complex, At/PO-Duburi, District-Jajpur. Phone (06726) 264032, 264030, 264001-08 Telefax (06726) 264032 NOTICE INVITING TENDER (NIT) TENDER NOTICE NO.: NINL/CM/RS/ SULPHURIC ACID/ NIT- 896 Date: 06.03.2014 Due on: 24.03.2014 at 03.00 PM. (For submission of offer) Earnest Money Deposit: Rs.1,00,000.00 Offers to be submitted in 3 Part Bid in separate sealed envelopes, namely a) EMD, b) Techno- Commercial Bid & c) Price Bid, all enclosed in one sealed envelope mentioning NIT no., Due date of submission of Offer & address of bidder on all envelopes. Date of opening of Tender: 24.03.2014 at 03.00 PM. TO, Sub.: Tender for Supply of 2200 MT of 98% (min.) concentrated Sulphuric acid as per IS- 266:1977A. Dear Sir, Sealed quotations in 3 Bids superscribed with Tender Number and Due Date are invited from the reputed manufacturers for the Supply of 2200 MT of 98% (min.) concentrated Sulphuric acid as per IS-266:1977A on FOR Neelachal Ispat Nigam Limited (NINL), Kalinga Nagar Industrial Complex, Duburi, Dist. Jajpur, Odisha plant site basis. Quotations shall be submitted in three separate sealed covers, all enclosed in one envelope superscribing NIT no. and date on all the envelopes as detailed below: PART I: EARNEST MONEY DEPOSIT (EMD) (Envelope-1) Earnest Money Deposit (EMD) of Rs. 1,00,000 (Rupees One Lakh only) in the form of Crossed Demand Draft (DD)/Banker s Cheque from any Scheduled Commercial Bank, in favour of M/s. Neelachal Ispat Nigam Limited and payable at Kalinganagar / Jajpur Road / Bhubaneswar (with contact no. of issuing bank manager) to be submitted. In case of EMD submitted through Bank Guarantee, the same should be operable at Kalinganagar / Jajpur Road / Bhubaneswar. EMD document must be valid for minimum 3 months from date of opening of the tenders. EMD of un-successful bidders shall be returned after 30 days of finalization of the tender. EMD of successful bidders shall be returned after successful supply of one month quantity of 800-1000 MT.
PART II: TECHNO-COMMERCIAL PART (Envelope-2) Include all technical information and Commercial terms without Price. Documents for being manufacturer of SULPHURIC ACID must be submitted along with techno commercial terms. THE PARTY SHOULD CONFIRM THAT ED+CESS SHALL BE EXEMPTED AGAINST SUBMISSION OF APPROPRIET CERTIFICATE FROM STATUTORY AUTHORITY. FURTHER THE PARTY HAS TO SATISFY THE ELIGIBILITY CRITERIA. BIDDERS NOT MEETING THIS CRITERIA OF BEING MANUFACTURER OF SAID ITEM SHALL BE LIABLE FOR DISQUALIFICATION WITHOUT ANY REFERENCE. EMD & Techno-commercial part of the tender shall be opened on the due date of opening of tenders on 24.03.2014 at 03.00 PM in presence of representative of tenderers who may choose to attain tender opening. Techno-Commercial Bids will be opened, if valid EMD is received. PART III: PRICE BID (ENVELOPE-3) Part-III (Price Bid) to be submitted in a separate sealed envelope in the enclosed format (Annexure-II), which shall be retained by NINL in sealed condition. No price bid to be submitted along with the techno-commercial bid in a single envelop, otherwise, offer is liable to be rejected without any notice. The price quoted in price bid should be fixed for three months of contract for 2200 MT. TECHNO-COMMERCIALLY QUALIFIED BIDDERS NEED TO SUBMIT PRICE ONLINE DURING EVENT TO BE CONDUCTED BY OUR SERVICE PROVIDER, M/S MJUNCTION SERVICES LIMITED, KOLKATA, DATE OF WHICH WILL BE INTIMATED WITH A NOTICE PERIOD OF SEVEN (07) DAYS. OUR SERVICE PROVIDER MAY OBTAIN ACCEPTANCE FOR MATCHING LOWEST BID PRICE BY NEXT LOWEST BIDDER(S) IN THE FORMAT PRICE BID. IN CASE ONLINE EVENT IS NOT CONDUCTED, OR UNSUCCESSFUL FOR ANY REASON, NINL RESERVES RIGHT TO OPEN THE SEALED PRICE BID AND FINALISE THE TENDER AS PER STANDARD TENDERING SYSTEM WITH DUE INTIMATION TO ALL TECHNO-COMMERCIALLY ELIGIBLE BIDDERS. ALL THE BIDS TO BE SUBMITTED DULY SIGNED AND STAMPED BY THE PROPRIETOR/PARTNER/DIRECTOR OR AUTHORISED REPRESENTATIVE OF FIRM. SINGLE PART TENDER SHALL BE REJECTED WITHOUT ANY REFERENCE.
PARTIES, WHO HAVE DEFAULTED IN EXECUTION OF NINL CONTRACT AGAINST LAST TENDER FOR SIMILAR WORK SHALL NOT BE CONSIDERED. The tenderers are requested to note the following: 1. The offers shall be evaluated in regards to fulfillment of eligibility criteria based on the documents submitted by the tenderer. Handwritten quotations with Alterations, Overwriting or Corrections without proper authentication shall be liable to be rejected without any notice. 2. Offer should be valid for a period of 60 days from the date of opening of tender. 3. The prices will be firm till completion of three months from the date of delivery of 1 st consignment against contract. No escalation (except statutory charges like taxes and duties) will be allowed during the currency of the contract. 4. Commercial Terms & conditions of Contract (CCC) which is enclosed herewith shall form a part of the work contract. 5. Please note that incomplete / unsigned / late tenders, or tenders not accompanied with EMD, as stipulated and not accepting the commercial terms & conditions in toto enclosed at Annexure-I in total, shall be liable for rejection. 6. NINL reserves the right to split the work between 02 (Two) eligible tenderers in descending order as per quoted price ranking in 70:30 ratio. The tenderers are to confirm acceptance of part order without any stipulation in quantity. 7. The sealed tenders may be sent by courier / speed post / Regd. Post/by hand to be dropped in the designated Tender Box. Late Tenders will not be considered. NINL shall not be held responsible for any delay or loss of tender documents in Postal / Courier transit. E-mail/fax offers shall not be accepted. 8. NINL reserves the right to partially or totally accept or reject any/all bids without assigning any reason whatsoever. Each tenderer must submit the tender in sealed condition addressed to the Jr. Manager (Commercial), Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi 755 026, Dist. Jajpur (Orissa) before 03.00 PM of 24.03.2014. Yours Sincerely, For Neelachal Ispat Nigam Limited (RAHUL SINHA) Jr. Manager (Commercial)
Enclosure: 1) Annexure - I (Commercial Terms & Conditions of Contract) 2) Annexure II (Price Bid Format), and 3) Eligibility Criteria
Annexure I COMMERCIAL TERMS & CONDITIONS OF CONTRACT (CCC) 1. Nos. of Sources: At least two sources shall be engaged. 2. Scope also includes confirmation of supply of material from the works of tenderer to NINL on door delivery freight-paid basis. 3. The Scope of Work shall include placement of Tankers at loading points, transportation of an tentative quantity of 2200MT (+/- 0.5%) of Sulphuric Acid for contract period till completion of 3 months from the date of delivery of 1 st consignment against contract, from your end to Purchaser's designated site i.e NINL Plant premises at Kalinga Nagar Industrial Complex, Duburi, Dist. Jajpur, Orissa. 4. Supplier shall execute the work strictly in accordance with the instructions of the Purchaser. Such instructions shall be as per requirement of NINL. Normal requirement is 20-25 MT per day i.e 800-1000 MT per month. Safety stock of at least 100 MT should be maintained. 5. Price shall be quoted as Rs./MT on landed basis with complete breakup (i.e Ex-works basic price+(ed+cess)+cst/vat+freight+transit Insurance+ET. 6. Payment term: 100% payment shall be made within 30 days from the date of receipt of material at NINL site subject to acceptance thereoff. 7. Consignee: Material should be consigned to AGM (Store I/C) Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi 755 026, Dist. Jajpur (Orissa). 8. Each tanker shall be accompanied with manufacturer's test certificate & conform to other safety aspects as per motor vehicle act. 9. Inspection: Material shall be accepted against Party s TC. However NINL reserves the right to draw random samples from the tankers for laboratory test before unloading in the common stock. In case the samples do not confirm to order specification, the material will not be accepted. 10. Weighment: The tolerance between weighment at seller s end and NINL weighbridge of 0.5% is allowed by NINL. (a) All the tankers shall be weighed at the NINL weighbridge and if the final weight for that tankers is within (-) 0.5% of the seller s challan weight, then the challan weight will be considered as final. (b) If the NINL s weight is found to be
more than the seller s challan weight, the payment shall be restricted upto the challan weight. (C) If NINL s weight is found to be less than (-) 0.5% of the challan weight, the NINL s weight shall be final for the purpose of payment. 11. Concentration: The tolerance between concentration at seller s end and NINL s laboratory report of 0.5% is allowed by NINL. (a) Random samples from all the tankers shall be tested at the NINL laboratory and if concentration of samples for that tankers are within (-) 0.5% of the seller s challan concentration, then the consignment shall be accepted. (b) If the concentration of samples is found to be less than (-) 0.5% of the required concentration of 98%, the consignment shall be rejected. 12. Rescinding of Contract: NINL reserves the right to reschedule delivery period and suspend/cancel/shortclose the order, if the suppliers performance is found unsatisfactory.the supplier shall not be entitled to and claim any loss and damage because of and owing to such suspension/cancellation/short closure and NINL shall not be liable for the same. 13. Transit Damage: Suppliers has the full responsibility of delivering the complete quantity with intact packings to NINL as per terms of the contract. Material is to be delivered on FOR destination basis. 14. Splitting of Total Order Quantity: NINL reserves right to split the order between two eligible manufacturers on 70:30 ratio. Part order shall be acceptable to the tenderers without any stipulation of order quantity. 15. EARNEST MONEY DEPOSIT (EMD) Earnest Money Deposit (EMD) of Rs. 1,00,000 (Rupees One Lakh only) in the form of Crossed Demand Draft (DD)/Banker s Cheque from any Scheduled Commercial Bank, in favour of M/s. Neelachal Ispat Nigam Limited and payable at Kalinganagar / Jajpur Road / Bhubaneswar (with contact no. of issuing bank manager) to be submitted. In case of EMD submitted through Bank Guarantee, the same should be operable at Kalinganagar / Jajpur Road / Bhubaneswar. EMD document must be valid for minimum 3 months from date of opening of the tenders. The Earnest Money shall be forfeited if: a) The tender is revoked during its validity period of 60 days from the date of opening of price bid. b) The prices are increased unilaterally after the tender opening and during validity of offer by the tenderer. c) The Purchaser accepts the tenderer s bid proposal and the tenderer refuse to enter into contract after the contract is awarded to him.
16. TENURE OF CONTRACT / ORDER The Contract / Order shall be effective till 03 months from the date of contract/delivery of 1 st consignment. The tenure of the Contract may be extended on mutual agreement. 17. FORCE MAJEURE If either party is prevented from the performance of its obligations in whole or in part for reasons of Force Majeure, viz., acts of God, acts of Government, acts of public enemy, war, civil commotion, sabotages, fire, floods, explosions, epidemics, lawful lock-out & strike, then provided Notice of happening of any such eventuality is given by the affected party to the other party within 15 days from the date of occurrence and cessation of the Force Majeure, the period of Force Majeure shall be excluded accordingly. If Force Majeure event(s) continue beyond the period of 7 (seven) days, the parties shall hold consultation to chalk out the further course of action. Neither party can claim any compensation from the other party on account of Force Majeure. 18. ARBITRATION All Disputes or differences, whatsoever, arising between the parties out of or in relation to the construction, meaning and operation or effect of this contract or breach thereof, shall be settled amicably. If, however, the parties are not able to resolve them amicably, the same shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and as per the provisions of Arbitration & conciliation Act 1996 and the award made in pursuance there of shall be binding on the parties. Work under the contract shall be continued by the CONTRACTOR during the arbitration proceedings unless otherwise directed in writing by the Purchaser or unless the matter is such that the works cannot possibly be continued until the decision of the arbitrators or of the Umpire, as the case may be, is obtained and save as those which are otherwise expressly provided in the contract, no payment due or payable by the Purchaser shall be withheld on arbitration proceeding unless it is the subject matter or one of the subject matters thereof. The venue of Arbitration shall be Bhubaneswar. Only the Courts at Bhubaneswar will have the jurisdiction over any matter/disputes etc. pertaining to and arising out of the contract. State / Central Govt. and Legal Administration.
19. SAFETY AND SECURITY FOR TANKER PLACEMENT i) It is the sole responsibility of the SUPPLIER to supply 800-1000 Mt. of Sulphuric Acid AT MINIMUM 98% CONCENTRATION every month. If, at any moment, it is observed that required tonnage is not supplied, SUPPLIER shall engage more no. of tankers. In no case, SUPPLIER shall fail to transport quantity mantioned above. ii) Sulphuric Acid is required by NINL on daily basis to operate continuous processing plant. In no case, the supply of sulphuric acid shall be stopped, which is not acceptable to NINL. Supplier shall carry moral responsibility for rendering service to NINL. iii) To ensure Safety norms, the tankers carrying Sulphuric Acid should be in good condition, built from sound material and should be free from any defects. There shall not be any spillage from the tankers. iv) The tankers should be fitted with pressure Gauge, safety valve and release valve etc. v) Label of all necessary identification marks for carrying hazardous chemicals to be provided prominently on the tankers. vi) An emergency information panel (as per rule 134 of the central motor vehicles rule 1989) to be conspicuosly marked on the tanker. vii) The driver of the tanker must carry with them instructions in writing in the form of Transport Emergency card (TREM Card) regarding nature of hazard, personal protective equipment to be used, first aid treatment and adivse for dealing with Fire, Accident, Spillage or Leakage. These Instruction should be in Hindi, English, Telgu & Oriya Language. viii) The driver of the tanker should be fully trained for action to be taken in case of transit emergencies. ix) All requisite appliances to be provided to the driver of the tanker to handle any emergency.. x) Supply of Sulphuric Acid Tankers only upto NINL Plant Site without any transhipment enroute. xi) To provide hose connection from acid tankers to pumps for unloading of Sulphuric Acid by NINL to storage tank within the Plant premises. 20. AMENDMENT Any amendment to the terms of this Contract (including Schedules & Annexures) shall be made in writing by both parties hereto and shall specifically state that it is an amendment to this Contract. 21. APPLICABLE LAW This Contract will be governed by Indian Laws.
22. GENERAL No director or official or employee of the Purchaser shall in any way be personally bound or liable for the acts or obligations of the purchaser under the contract or answerable for any default or omission in the observance or performance of any of the acts, matters or things or conditions which are herein contained. 23. Any conditions mentioned in the consignment note of the supplier, which is at variance with the conditions mentioned herein, shall not be binding on the Purchaser and condition enumerated hereunder will be the sole repository of the contract between the supplier and the Purchaser. 24. GENERAL LIABILITY PROVISION The rights and obligations of the parties are finally and conclusively defined in this Contract. Claims for indirect, remote or consequential damages such as loss of production, loss of profit, loss of use are excluded. Accepted all Terms & Conditions Signed & Stamped by Tenderer.
Annexure II PRICE BID Sl. Description Qty. (MT) Price (Rs./MT) 1 Supply of 2200 MT of 98% 2200 MT Ex-works (min.) concentrated Sulphuric for Three price+(ed+cess)+vat/cst+freight+transit Acid as per IS-266:1977A Months insurance+et Note: i. Price shall be quoted as Rs./MT on landed basis (i.e Ex-works basic price+(ed+cess)+cst/vat+freight+transit Insurance+ET) with complete breakup and shall remain firm during the period of contract and for quantity of 2200 MT. ii. The prices will be firm till completion of Three months from the date of delivery of 1 st consignment against contract. No escalation (except statutory charges like taxes and duties) will be allowed during the currency of the contract. iii. Tenderer shall submit Price Bid in this Format only. iv. Tenderer shall also have to submit the price bid on the online event conducted by our service provider M/s mjunction services limited, Kolkata in the format of landed cost net of cenvat and shall be provided by MJ. Signed & Stamped by Tenderer
ELIGIBILITY CRITERIA 1. The bidders who are manufacturers and shall supply Sulphuric Acid as per IS-266:1977A are eligible for participation in the Open Tender.