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STEEL AUTHORITY OF INDIA LIMITED CENTRAL MARKETING ORGANISATION Branch Transport and Shipping office

Harbour Approach Road Visakhapatnam-530035

Tel No: (EPABX) 0891-2563041/42/43, Fax: 2563698

Tender Document for Tender NO:03/01/01/40

“Tender for Stevedoring, Shore Clearance, Transportation, Stacking and Wagon loading of Imported Coking Coal / Non-Coking Coal and Metallurgical Coke and Loading of Coal oal oal oal Vessels for Vessels for Vessels for Vessels for Coastal movement at Visakhapatnam Port.”.”.”.”

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STEEL AUTHORITY OF INDIA LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) CENTRAL MARKETING ORGANISATION

BRANCH TRANSPORT & SHIPPING OFFICE HARBOUR APPROACH ROAD VISAKHAPATNAM-530 035

TENDER NOTICE Tender No.03/01/01/ 40 Date : 02-12-2009. SUBJECT: Tender for Stevedoring, Shore Clearance, Transportation, Stacking

and Wagon loading of Imported Coking Coal / Non-Coking Coal and Metallurgical Coke And Loading of Coal Vessels for Coastal Movement at Visakhapatnam Port.

Sealed tenders are invited from experienced, reputed, resourceful and bonafide firms / Persons / Companies capable of undertaking the subject job. The cost of Tender Document is Rs.2,000/- (Rupees two thousand only) per set payable by cash (non-refundable). The tender documents will be available within office hours on any working day from 02-12-09 to 11-12-09 on submission of written request on party’s Letter Head in duplicate. A Pre bid meeting will be held at the above office on 19-12-2009 at 1100 Hrs. The tender document shall be submitted with necessary EMD in above office upto 3 PM on 21.12.2009 Tender document is also available on the sail website. Details of “Invitation to Tender” can be seen in our website www.sailtenders.co.in. For tender documents downloaded from the website, the cost of tender document in the form of DD has to be submitted in separate envelope at the time of submission of the tender. BRANCH MANAGER

There is a little bit of SAIL in everybody’s Life

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INDEX

Chapter No. & contents Page No. CHAPTER I: Invitation to Tender …………………………………… 4 - 7 CHAPTER II: Instructions to Tenderers..………………………………8 - 33 CHAPTER III: Terms and Conditions of the Contract…………………36 - 61 SCHEDULE – 1 : Schedule of rates for Coking Coal / Non-Coking Coal…….. 65 - 67 SCHEDULE –2 Schedule of Rates for Metallurgical Coke…………………… 68 - 70 SCHEDULE – 3 Schedule of rates for Coastal loading of Coking Coal / Non-Coking Coal Vessels …………………… 71 - 72 INTEGRITY PACT…………………………………………. 73 - 77 CEFTIFICATE FROM THE BANKER (Annexure-1)………..78

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STEEL AUTHORITY OF INDIA LIMITED

CENTRAL MARKETING ORGANISATION Branch Transport and Shipping office

Harbour Approach Road Visakhapatnam-530035

Tel No: (EPABX) 0891-2563041/42/43,0891-2704074 Fax:2563698 Tender No.03/01/01/40 CHAPTER – I

INVITATION TO TENDER SUBJECT: Tender for Stevedoring, Shore Clearance, Transportation, Stacking

and Wagon loading of Imported Coking Coal / Non-Coking Coal and Metallurgical Coke And Loading of Coal Vessels for Coastal Movement at Visakhapatnam Port.

1.0 Sealed tenders are invited in prescribed form from bonafide, resourceful, reputed

and experienced Persons / Firms / Companies as well as Joint Venture Firm / Company / Enterprise for Stevedoring, Shore clearance, Transportation, Stacking and wagon loading of Imported Coking Coal/ Non-Coking Coal and Metallurgical Coke and Loading of Coal Vessels for Coastal Movement at Visakhapatnam port.

2.0 ELIGIBILITY OF TENDER: 2.1 Financial standing.

The Tenderer should be of sound financial standing and should provide a Certificate from their banker based on their transaction during the previous three years or for a period from the date of incorporation of firm (strike out the one not applicable). Proforma for banker’s certificate is at Annexure I.

2.2 The tenderer must have a turnover of not less than Rs.1 crore per annum during

any of the previous three financial years. Proof of turnover in the form of audited statement should be submitted at the time of submission of the tender.

2.3 Experience:

The tenderer must have stevedoring experience of minimum 5 lakhs tons of any bulk cargo in any Major Indian Port (constituted as per Major Port Trust Act) during any two financial years out of last five completed financial years. The tenderer must submit proof of experience issued by respective port authority/concerned authority along with tender documents.

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2.4 PF and ESI Registration

The Tenderer's establishment should be registered with Regional P.F. Commissioner and the same should be valid. Documentary proof of such registration with PF authority should be submitted along with the tender document. The Tenderer's establishment should be registered with ESI and the same should be valid. Documentary proof of such registration with ESI authority should be submitted along with the tender document. In case a tenderer is not registered with ESI, the tenderer should give an undertaking that he will register himself with the ESI authorities within 60 days of LOI.

2.5 Equipment: 2.5.1 The Tenderer should own / possess under lease agreement the equipment as

given in detail in clause no. 2.1 of Instruction to Tenderers and submit only list of such equipment (Registration No.) along with name of the owners.

2.5.2 The Tenderer should also submit an undertaking letter stating that sufficient

equipment will be deployed for the job on continuous basis as and when required.

2.6 Registration and License: 2.6.1 The Tenderer should have valid stevedoring license from Visakhapatnam Port as

on the date of opening of tender. Copy of the same should be submitted along with tender. In case Tenderer has applied for re-validation of license, a copy of application letter and a letter from port confirming that they have applied for re-validation of stevedoring license and the same will be issued in due course, should be submitted along with tender.

2.6.2 Tenderer should have valid license as on the date of opening of tender from

CHD (Cargo Handling Division) of VPT to engage labour on board the ship and at shore for this job. Copy of the same to be submitted along with the tender. In case the Tenderer has applied for re-validation of license, a copy of application letter and a letter from port confirming that they have applied for re-validation of CHD license and the same will be issued in due course, should be submitted along with tender

2.6.3 In case the Tenderer is a joint venture Firm/company/Enterprise, the experience and other criteria possessed by any of the constituents of the joint venture firm/company/enterprise shall be deemed to be the experience and other eligibility criteria of the joint venture firm/company/enterprise.

2.6.4 In case the Tenderer is a joint venture Firm/Company/Enterprise he shall produce the duly authenticated copy of the agreement by which joint venture has been formed, also indicating the names and addresses of all the constituents of the joint venture.

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3.0 The Tenderer may, by prior appointment see themselves the operations on any

working day like a) The Storage yard at Port area, Visakhapatnam including the area under

control of B.O.T. operators. b) Mode of stacking and the distance over which the material from wharf to

stacking point is to be transported. c) Siding facility at present for loading of wagons. d) Various practices followed by Visakhapatnam port and B.O.T. Operators.

to make themselves more conversant with the road approaches, site conditions and distances, railway siding facility etc., as the case may be and get themselves acquainted with the job. They should clearly understand the financial implications of all these before quoting in this tender. No claim will be entertained subsequently on any account once the tender has been submitted by them.

4.0 For information of the Tenderer the import of coal/coke tonnage wise/ vessel

wise in last 3 (three) years and current year up to Sep’09 are indicated as under, which should not be in any way construed as a guarantee of the actual quantity to be handled and no claim in case of any variation both upward and downward in the total tonnage vis-à-vis number of vessels will be entertained by the company. Coking Coal :

No.of geared Qty. No.of gearless Qty. Vessels (In Lakh MT) Vessels (In Lakh MT) 2006-07 91 22.44 39 16.27 2007-08 92 24.19 35 15.34 2008-09 81 22.01 56 25.60 2009-10 36 10.11 40* 17.95

(2009-10 upto September 09) * Quantities for Gearless vessels are to be considered for shore clearance and

wagon loading only. Coke: SAIL has imported metallurgical coke of approximately 0.64 lakh MT through Vizag port in 2004-05.

5.0 By submitting a quotation the Tenderer shall be deemed to have fully familiarized himself/themselves with the operations and lay out of the stockyard/ port as well as requisite information including those indicated in the tender document and shall be deemed to have fully satisfied himself of his capabilities to undertake and perform the job under the contract to the satisfaction of the company (SAIL).

6.0 Validity: The tender should be kept valid for a period of 120 days from the date

of opening of the tender and any modification, variation, clarification made thereto by the Tenderer during the above period shall be construed as withdrawal

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of the tender in which event the company (SAIL) will forfeit the EMD without any reference to the Tenderer. They will not be allowed to participate in case of re-tender.

7.0 It shall be the responsibility of the persons submitting the tender to ensure that the

tenders have been submitted in the formats and as per terms and conditions prescribed in SAIL website and no change is made therein before submission of their tender. In the event of any doubt regarding the terms and conditions/format, the person concerned may seek clarifications from the authorized officer of SAIL. In case of any tampering/unauthorized alteration is noticed in the tender submitted, from the tender document available on SAIL website, the said tender shall be summarily rejected and the Company shall have no liability whatsoever on the matter.

8.0 No claim for compensation for submission of tender: The tenderer whose

tender is not accepted shall not be entitled to claim any cost, charges, expenses of and incidental to or incurred by him through or in connection with his submission of tenders, even though SAIL may choose to withdraw the invitation to tenders.

9.0 Before the last date for submission of tender documents a pre-bid conference will

be organized by SAIL with all the prospective bidders who have purchased/downloaded the tender documents irrespective of whether they approached for any clarification or not, so that all doubts/question of the bidders before submission of the tender papers can be clarified.

10.0 In case the tenderer is not registered with the Service Tax Authority, the tenderer

shall submit an undertaking, at the time of submission of tender stating that they would be registered with the Service Tax/concerned authority within 30 days from the award of the contract.

11.0 SAIL reserves the right to accept or reject any or all tenders or apportion of the

work amongst the different Tenderers in any manner without assigning any reason whatsoever.

Thanking you, Yours faithfully, For Steel Authority of India Ltd., BRANCH MANAGER

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CHAPTER – II

INSTRUCTIONS TO TENDERERS.

1.0 NATURE AND SCOPE OF WORK:

Steel Authority of India Limited is importing coking/non-coking coal through Visakhapatnam Port. SAIL has also plans to import metallurgical coke through Vizag port. To undertake handling operation at port, SAIL intends to appoint contractor for undertaking the following jobs.

a) Stevedoring for coal and coke vessels. b) Shore clearance, transportation, stacking and wagon loading of coal and

coke. c) Drawing of Sample of cargo from the wagons at the time of loading of

wagons and Moisture analysis of composite sample of each rake, lime spray on the loaded wagons.

d) Transportation of coal from Plot to wharf, stacking including heaping of coal and stevedoring of vessel for coastal movement.

e) Shifting of cargo from stack area to wharf and loading the cargo into the vessel by the use of harbour mobile crane for the purpose of coastal movement purpose.

The job of stevedoring, Shore clearance, transportation, stacking and wagon loading of coal and coke could be undertaken at any berth of VPT at outer harbour and Inner harbour (both East Quay Berths and West Quay Berths) including the berths under control of B.O.T operators like Vizag Sea Port Pvt Ltd (VSPL) at EQ-8 & 9 and also any other berth that may come up under B.O.T operation during the period of contract. The jobs mentioned above are covered against Item Nos.1 to 6 of schedule of rates at Schedule 1 and 2 and against Item no 1 to 2 of schedule of rates at schedule 3. SAIL is importing coking coal in geared as well as gearless vessels. The vessels (ships) are to be lightened at GCB and (then the ship) proceeds to inner harbour after attaining the inner harbour draft. Normally the geared vessels are discharged through the ships cranes. Presently the gearless vessels are discharged through floating cranes at GCB and through harbour mobile cranes in the inner harbour (EQ8 and EQ9) by VSPL.Tenderes may note that at present 2 Harbour mobile cranes are available at WQ berths of VPT and 3 cranes are available at VSPL berths. (The jobs mentioned above are covered in schedule of rates at Schedule- 1, 2.) The Tenderers should take note that SAIL has entered into a Short Term Agreement with one of the B.O.T Operators i.e. M/s Vizag Sea Port Pvt Ltd (VSPL) for handling coking coal/coke vessels. In case of gearless vessels stevedoring shall be done by VSPL at GCB. The successful tenderer has to undertake the job of shore clearance, transportation and stacking and wagon

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loading at SAIL plots with VPT for the cargo discharged from such vessel at GCB. The shore clearance has to match the discharge rate of the floating cranes. SAIL will decide depending upon the requirement the cargo to be handled at VPT and VSPL. Tenderers may note that VPT is likely to undertake developmental plans for GCB as well as for inner harbour and that may come up during the currency of the contract. In that event the quantity in part/full may be handled by port or the concerned BOT operator or the nominated agency. Accordingly, the job to be performed by the contractor gets reduced/ changed. No claim in this regard will be entertained by the company. SAIL may decide coastal movement from VPT/ BOT births to Haldia/Paradip etc. depending upon the requirement. The successful tenderer shall have to undertake stevedoring and other allied jobs for the purpose as indicated at 4.7 instruction to tender. Quality and time is the essence of the job. Keeping this in mind, the Tenderer is required to mobilize experienced people and equipments to undertake the entire job as mentioned above

SAIL does not guarantee any specific volume of work to be performed under this contract and shall not entertain any claim from the prospective Tenderer(s) in this regard.

The description of work is provided to facilitate prospective Tenderers to understand the scope of work. It is however clarified that the scope of work indicated is subject to variations / adjustments depending upon the actual requirement. The scope of work described will not be basis of any dispute.

2.0 MINIMUM EQUIPMENT REQUIREMENT 2.1 The minimum number of Dumpers, Pay loaders, Poclains (excavator) required to

efficiently handle the expected cargo in the port/yard and clear the consignments are indicated below:

Sl. No. Type of Equipment No. of Equipments Minimum Capacity 01 Dumper 60 nos 8-9 MT 02 Pay loader 18 nos Standard Make & Capacity 03 Poclain 06 nos Standard Make & Capacity (Excavator) NOTE: i) The above minimum requirement of Handling equipments and vehicles may be

either owned (either fully or partially) or taken on lease/hire basis for the entire period of the contract. The contractor should be in a position to mobilize additional equipments as and when required for smooth execution of the contract. In case of failure to do so, SAIL will make its own arrangement to supplement the same and all additional cost towards this will be recovered from the contractor. All equipments should have same or higher capacity.

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ii) All the equipments mentioned above should be in proper working condition

having fitness certificates and capable of handling the materials desired and performing the operations envisaged under the contract.

iii) The Tendererer will submit only list of such equipments/vehicles along with

Envelope-2, Part-I of the tender (Technical Bid) with details of owners name address, etc. On demand the Tenderer will also produce valid documents as required under the applicable law in proof of capacity of the equipments/vehicles and ownership. During the contract period whenever asked the Tenderer will submit certificates from the Competent Authority under the applicable law/qualified chartered engineers to prove that the equipments/vehicles are mechanically safe and in good working condition.

iv) On demand the successful Tenderer has to physically display in the city where the storage yard is located/or at any other suitable place as decided by SAIL, the number of equipments as above, 7 days before the commencement of the work under the contract. In case the Tenderer fails to show the equipments as above, the EMD and security deposit will be forfeited.

v) All equipments and vehicles shall have the same or higher capacities in respect

of tender terms during deployment but may not necessarily bear the same registration number as declared while submitting the tender

2.2 CONDITION OF THE VEHICLES:

The contractor shall make his own arrangements for all equipment, tools and tackles and manpower for the execution of the work and other requirements as per dock safety regulations/other statutory rules. No priority or recommendation letter for procurement of equipment or tools and tackles shall be given by the company

The vehicles shall have a sound body with a proper valid registration and other relevant documents/certificates issued by Competent Authorities including Fitness Certificates and pollution control certificate.

The contractor shall ensure that the vehicles are operated by experienced and qualified drivers as per the requirements of traffic and other authorities as required by law.

All vehicles should be insured by the contractor. The contractor to acquaint himself with all safety regulations as applicable by Laws, rules, regulations and follow the same at all times.

2.3 STUDY OF LOCAL CONDITION:

The Tenderer is advised in his own interest to visit the site of the work and acquaint himself with the exact location road approaches / conditions and the

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facilities as well as all local conditions, means of access to the work area, nature of work, labour requirements, local labour practices, RTO Rules etc.,

3.0 MAXIMUM NUMBER OF CONTRACT LABOUR:

For carrying out the jobs under the contract with the help of equipments in the opinion of the company, the maximum number of contract labour will be 11 for this purpose. The successful tenderer shall restrict deployment of such number of contract labour as indicated above and shall not increase such numbers without prior permission of the Company. The necessary licence as per the Contract Labour (Regulation & Abolition) Act, for engagement of contract labour should be obtained by the successful tenderer from the appropriate authority.

4.0 STEVEDORING: 4.1 Ships with carrying capacity of about 25000-75,000 tons (approx) with self-

discharging gears or without gear are expected to call Visakhapatnam Port to discharge coking/non-coking coal and metallurgical coke. It may also possible that ships with carrying capacity of approx. 75,000 Tons without gear is engaged by SAIL for import of coking/non-coking coal and metallurgical coke in which case the cargo will be discharged by floating crane by vessel owner or any other agency appointed by SAIL on to the shore. The geared vessels are capable to discharge more than 11,000 /10000 Tons of coal and 6000 Tons of coke per day with 4 hooks / 4 grabs and gearless vessels discharge per day can be more than 25,000 tons per day ( Refer clause 6.0 of Instructions to Tenderers).

4.2 It will be the responsibility of the contractor to arrange for necessary gears and

labour including CHD labour/registered port workers required for the job at contractor’s cost and expense. The contractor should maintain a minimum discharge rate as per clause No. 6.0 of Instruction to Tenderers.

4.3 Normally vessels are lightened at Visakhapatnam Port, thereafter she will

proceed to Haldia / Paradip Port for final discharge. In some cases, SAIL may decide to utilize Visakhapatnam Port for fully discharging the cargo or as second port for discharging the balance cargo. In such cases of discharge at Vizag, it will be the responsibility of the contractor to clear the rib cargo inside the hatch by mechanized means i.e., by using pay loader / poclains for sweeping /collecting the cargo into the center of the hatches on a continuous basis. Suitable poclain / pay loaders must be deployed for this purpose in each hatch. Cargo stuck to the walls shall be cleared manually, if required. Stevedore should utilize save all net during the course of discharge of cargo. If required, discharging of coal through suitable hoppers (to be organized by the contractor) into dumpers has to be undertaken.

4.4 In case the vessel is lightened at Vizag, cargo should be leveled/ trimmed to the

satisfaction of the company/company’s surveyor/master of the vessel, before the vessel proceeds to the second port of discharge. The contractor should deploy

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adequate no. of poclains, etc to undertake this job. The leveling operation shall be deemed to be inclusive of the stevedoring operation. No extra remuneration shall be allowed to the contractor for undertaking such leveling/trimming operation. Maximum 45 minutes additional time will be given to the stevedore for trimming of cargo after completion of discharge of cargo. For any delay in trimming beyond the allowed time, cost of time loss as assessed by SAIL shall be recovered from the contractor.

4.5 The contractor should obtain a No Damage Certificate from the Master of the

Ship, in respect of ship, gears, equipment etc. In case of any damages caused to the vessel or its gears, repairing them to the satisfaction of the Master without any claim on to the company will be the responsibility of the contractor. In case of any claim received by SAIL from the vessel owners/Master for repairing at Vizag or later at other places (if repair was not possible at Vizag), the same will be recoverable from the contractor either from running bill or from security deposit.

4.6 It will be the responsibility of the contractor, in case of full discharge vessel, to

obtain a certificate from the Master of the Ship, certifying that full cargo has been discharged from the vessel and all the hatches have been swept, cleaned to his entire satisfaction. In case of lightening vessels, certificate indicating that cargo has been trimmed using mechanical means (poclains / pay loaders) to the complete satisfaction of the Master should be obtained.

4.7 MODALITIES FOR COASTAL LOADING OF COAL VESSELS: 4.7.1 SAIL may decide to load the vessels for coastal movement of coal from Vizag to Haldia/ Paradip etc. The parcel size may vary from 5000 MT to 30000 MT (approx.) depending on the size of the vessel chartered by SAIL. 4.7.2 The successful tenderer has to shift the material from various SAIL plots at VPT/VSPL to the wharf at VPT/VSPL at the rates received in schedule 1 Sl. No. 5. There may be a situation where the cargo will be required to be presatcked and then to be shifted to wharf for the purpose of coastal loading. The contractor should deploy sufficient number of equipments for this purpose. 4.7.3 The stevedoring for the purpose of coastal loading may be done by the contractor as per instructions of the company. However, in case the vessel is berthed at BOT berths including VSPL where the stevedoring is done by the BOT operator. The contractors shall be responsible for the following: (a) The cargo is to be loaded from SAIL plots at VPT, transported and stacked at designated area for pre-stacking, in case pre-stacking of cargo is required depending upon the situation. (Schedule 3 ) (b) Loading and transportation of cargo from SAIL plots to wharf, in case pre-stacking is not required at the rates received in schedule 1 S. No.5 of the tender shall be applicable. (c ) Loading and transportation from pre-stacking area to wharf.

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In case of delays for the reasons attributable to the contractor the losses incurred by the company shall be recovered from the contractor’s bills. 4.7.4 The contractor has to load and transport any left over cargo at the wharf/ pre-stacking area to the respective stacking areas as per the instructions of the company. 4.7.5 The contractor shall be responsible for the entire quantity shifted and balance quantity to be brought back after completion of coastal vessel loading.

4.7.6 Guaranteed Load Rate & Penalty: Load rate for vessel up to 10,000DWT shall be 10,000 M.T. per WWD SHINC and for vessels above 10,000 DWT; the load rate shall be 15,000 M.T. per WWD SHINC. Penalty for under performance shall be Rs.5,00,000 (Rs Five Lakhs Only) and Rs 10,00,000, (Rs Ten Lakhs Only) respectively and pro rata if less.

4.8 If required SAIL may decide to handle vessel through Harbour mobile cranes at

VPT berths (excluding BOT berths).The charges for hiring of harbour mobile crane will be directly paid to Port/Agency by SAIL. It will be the responsibility of the tenderer to liaison with Port/Agencies for indenting the harbour mobile cranes and arranging discharging cargo through harbour mobile crane. The tenderer is required to quote only for stevedoring charges excluding the charges for hiring the Harbour mobile crane.

5.0 SHORE CLEARANCE, TRANSPORTATION, STACKING, WAGON

LOADING: 5.1 The contractor should deploy requisite labour and sufficient no. of equipment to

clear the cargo from the wharf on a continuous basis to achieve at least the minimum average discharge rate as mentioned in clause no. 6.0 of Instructions to Tenderers. The Tenderers should take note that SAIL has entered into a Short Term Agreement with one of the B.O.T Operators i.e. M/s Vizag Sea Port Pvt Ltd (VSPL) for handling coking coal/coke vessels. In case of gearless vessels stevedoring shall be done by VSPL at GCB. In case of CQD vessels the stevedoring will be undertaken by vessel owners both at GCB and inner harbour including EQ 8 and EQ9 or any other birth which may come up in future. The successful tenderer has to undertake the job of shore clearance, transportation, stacking and wagon loading at SAIL plots with VPT for the cargo discharged from such vessel at GCB/Inner harbour including EQ8 and EQ9 or any other birth which may come up in future. The shore clearance has to match the discharge rate of the floating cranes at the rate of 22000 Mts per Day or port norms whichever is higher. However, the contractor also has to endeavor to achieve higher shore clearance in case of higher discharge by floating cranes. The contractor should be in a position to work simultaneously in more than one vessel (may be 3 or 4 vessels at a time) and should be in a position to clear cargo without any stoppage of work. For normal working in removal of cargo from wharf to adjacent stacking plots either at GCB or Jetty or any other berth, sufficient equipments like dumpers and pay loaders are to be deployed per

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working hook in case of Geared Vessels (Handymax/ Panamax vessels). For the Gearless vessels which would be discharged by cranes, minimum 40 Dumpers and 6 Pay loaders are required to be deployed to evacuate cargo from the wharf matching with discharge level by cranes (22000 Mts per Day or port norms whichever is higher) . In the event of removal of cargo from wharf (both VPT and VSPL or any other berth which may come up during the pendency of the contract) to East yard Dump or other stacking areas outside Port premises, deployment of equipment to be increased in consonance with the requirement to ensure faster removal of cargo from wharf as per norms set by VPT Authorities or matching the discharge rate of the cranes which ever is higher. However the Tenderer should make his own assessment regarding this so that operational norms set by Port authorities are adhered. In case the norms of operations set by Port authorities or discharge rate of cranes is not matched or not met or adhered to, any penalty imposed by Port authorities or other affected parties/ port users in this regard shall be borne by the contractor directly or to be recovered by SAIL from the bills of the contractor to make good the loss. In case vessel is shifted by port due to poor performance of the contractor, shifting charges as well as vessel demurrage suffered by SAIL would be recovered from the contractor subject to a maximum limit of Rupees 10,00,000/- (Ten Lakh) per vessel. Decision of SAIL in this regard shall be final and binding on the contractor.

5.2 The cargo is to be cleared from the hook point by deploying sufficient pay loaders / dumpers, transport and unload at the stacking area, stack the cargo in a proper manner including high stacking, loading the cargo into the wagon, trim the cargo after loading into wagon, keep the railway track clear, as per the instruction of the company in the area identified.

5.3 The contractor will ensure that all spillage cargo is cleared from wharf and roads

from time to time. They should also do water sprinkling in all areas as required by Port to reduce air pollution, to the full satisfaction of port authority.

5.4 The company will notify the contractor(s) about receipt of trial/special cargo if

any for stacking and loading the same separately. At present SAIL is importing 7-8 varieties of coking coal, which are stacked at different locations in the storage yard inside and outside port area. The number of variety can even increase during the period of contract depending on the requirement of SAIL Plants. The tenderer should see for themselves the stacking area and the siding facilities before quoting the rate. The contractor shall undertake shifting of cargo, if required to accommodate various types of coal. This is deemed to be part of the shore clearance/transportation/stacking job and shall not be paid any additional charges.

5.5 The contractor shall place wagon indents with railways/port railways as per

instruction of SAIL, obtain placement of wagons, file forwarding notes with railways, obtain R.Rs. as per railway rules, indent labour from CHD/Port or other agencies and ensure smooth and continuous operation. The contractor may be required to place 10/12 or even more indents with port railways as per

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requirement of company. They should be in a position to load 5/6 or even more rakes in a day if required.

5.6 For obtaining railway receipt, company will arrange E payment/CNCC/DD as

per the facility offered by railways. Contractor has to ensure that correct weight, distance and freight is charged by railways at the time of issuance of RR. Any wrong freight charged by railways will be recovered from contractor. The contractor should ensure timely submission of DD/CNCC for payment of railway freight where ever E payment is not possible. In case of failure to do so, they should make there own arrangement to pay the advance freight by DD at their cost and take reimbursement of freight element only.

5.7 The stacking area should be cleared from all foreign materials, from time to time.

The railway wagons placed by Port railways for loading of cargo should be thoroughly cleaned before loading of the cargo. All infringements to the railway track/siding/wharf should be cleaned regularly to ensure smooth operation.

5.8 After loading the wagons to full capacity as per railway regulations or instruction

of SAIL-BTSO, the cargo should be leveled/ trimmed. The contractor shall undertake plugging of holes in the wagons to prevent bleeding of loaded wagons. It will be the responsibility of the contractor to secure the closed door so as to totally eliminate the possibility of door opening enroute. After leveling/compacting/trimming of the cargo on the wagon by poclains/ payloaders, proper thick lime spraying on top of cargo should be done in all the wagons as per the instructions of SAIL from time to time. The contractor should load the wagons with maximum cargo possible aiming at but not exceeding the chargeable quantity i.e. 65 MT per wagon at present. The loading should be as per the instructions of the company from time to time depending on the quality of coal to be loaded. Since wagons are weighed at Simachalam weigh bridge/ Port weigh bridge, contractor to ensure loading of wagons minimum 58.5 tons per wagon for Australian Hard coal per rake (no of wagons*58.5), for New Zealand hard coal 57 tons per wagon (no of wagons *57), for Soft Coal 57.5 MT per wagon (per rake no of wagons *57.5), for PCI coal 58 MT per wagon (no of wagons *58), for US Hard coal 57.5 MT per wagon (no of wagons *57.5). In case any other quality of coal is loaded then 57.5 MT shall be the minimum quantity to be loaded on the wagons (no of wagons *57.5). Railway freight on account of under loading on rake basis or penalty for overloading in the wagon/ rake as charged by Railways will be recovered from the contractor’s bills.

5.9 Loading of the wagons must be done by the contractor within the free time

allowed by Railways irrespective of number of wagons placed. The contractor shall be responsible for payment of demurrage / wharfage/Punitive charges for overloading or any other charges either to Port Railways/ Indian Railways on account of his failure. In case of any change of Railway/Port rules for wagon detention charges/Demurrage charges/ free time for loading/unloading during the currency of the contract, all financial impact shall be on account of the contractors. The contractor shall require witnessing the weightment and submitting the weightment report to Branch on daily basis.

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5.10 In case, the company decides to dispatch wagons by covering with tarpaulin, new

tarpaulin will have to be supplied by the contractor. The company shall pay the cost of covering wagons as per rate to be quoted by the contractor, which is indicated in the schedule of rates and all other arrangements including labour, rope, etc are to be made by the contractor at their own cost. The tarpaulin shall be of specification – Low Density Polyethylene Sheet of minimum 125-micron thickness in adequate size to cover wagon top. Covering of wagons is to be made in such a manner the cargo in the wagon is protected from rainwater.

5.11 It will be the responsibility of the contractor to take multiple placements of

wagons for loading special/ trial cargo, or other coal if required. No extra payment on account of Railway shunting/placement, detention of wagons or any other operation will be made against this.

5.12 Contractors shall have to collect samples from wagons while loading of cargo in

respect of each rake and conduct moisture analysis of the composite sample of each rake by deploying third party reputed surveyor. The contractor shall have to undertake sampling operations for the purpose of moisture analysis of representative sample as per instructions/applicable standards for sampling of bulk cargo. The contractor shall submit the report of such moisture analysis of each rake issue by the third party surveyor. The job of moisture analysis shall be considered as part of the total job of loading of wagons (ITEM-3 of schedule of rate- 1 & 2). There shall be no extra payment to be made to the contractor on account of moisture analysis.

5.13 WATER SPRINKLING: The tenderer has to make adequate arrangement for

sprinkling sweet water/non-saline water in the working area i.e., the wharf, roads inside stacking area, stacking area and on the coal stacks as per direction of port authorities/environmental authorities/ SAIL.

At present, Port has made arrangement of mechanical sprinkling system for spraying water in these areas. However, in case additional water sprinkling is asked by Port, or in cases when the mechanical water sprinkling system is not in operation, the successful tenderer has to make own arrangement to sprinkle water up to the satisfaction of Port authorities. No extra payment will be made for this job. It will be the responsibility of the contractor to co-ordinate with port on day to day basis for effective pollution control in the working area. Water sprinkling in road areas within the port areas are to be undertaken as per port authorities directions.( presently roads from Ambedkar Jn. To “Sea Horse Jn.” via “North Gate” of port is also in this scope of work and no extra payment will be made for this) Present norm of water sprinkling given by Port can be obtained from port/SAIL, however this is not a guarantee for quantum of sprinkling of water. This may go up or down as per day to day requirement.

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If the job is distributed to two contractors, the water sprinkling also will have to be done by two contractors proportionately in all areas. SAIL will decide the same and will be binding on both the contractor.

6.0 GUARANTEED DISCHARGE RATE:

The following shall be the discharge rate to be ensured/achieved per WWDSHINC basis consecutive 24 hrs. on four or more hook basis. The time for the calculation of discharge rate shall be taken from the time of completion of initial draft survey of the vessel till the time of completion of discharge. For calculating time consumed by contractor, loss of time on account of rain, crane/grab repair, shifting of vessel etc. for which contractor can not be held responsible, will be deducted from total time used by the contractor. As per clause 11.0 of Terms and Conditions of Tender, Penalty/ will be imposed to the contractor in case of failure of this discharge rate. DISCHARGE RATE TO BE GUARANTEED BY CONTRACTOR (MT/DAY) BASIS FOUR OR MORE CRANES & GRABS ( For GEARED VESSELS)

a) Foreign flag Lightening vessels for coal - 11,000 MT/day.

b) Indian flag lightening for coal 10000MT/per day

c) Foreign flag vessels full discharge/last discharge Port for coal 8000MT/per

day

d) Indian flag vessels full discharge/last discharge Port for coal 7000MT/per day

e) Vessels for metallurgical coke - 6,000 MT/day 7.0 SCHEDULE OF OPERATION AND PAYMENTS: 7.1. Tenderers are requested to quote their lowest technically acceptable rates as per

schedule of rates. The rates quoted will be deemed to be inclusive of all cost for discharging all the general duty for performing the work efficiently.

7.2 The rates to be quoted shall be exclusive of Service Tax, Education Cess etc.

The Service tax and education cess, at the rates applicable form time to time, shall be payable by SAIL subject to compliance of under mentioned conditions by the successful tenderer. i) Every bill of the handling contractor shall show the following: (a) Service tax Registration No. of the Handling contractor. (b) Element of Service Tax and Education Cess separately in addition to

handling charges.

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ii) The payment against first bill shall be released on fulfillment of above conditions. However for clearance of subsequent running bills apart from fulfilling the above conditions, the handling contractor shall have to submit the proof of deposit of service tax to the department in respect of cleared bill of immediate previous month. However, before release of payment of Service Tax of the final bill, the Handling contractor shall also deposit the Service Tax for final bill and shall submit the proof of payment to SAIL for getting reimbursement.

7.3 The rates for overheads will be revised after every 12 month from the date of

signing the agreement, i.e. date of commence of work, based on the index, as reflected in the Reserve Bank Bulletin, prevailing 60 days prior to completion of 12 months period. Rates for fuel and CHD labour will be revised as explained in clause No. 8 in terms and conditions to the contract.

7.4 The company shall give escalation to rates quoted during the contract period

including the extended period as per clause no.8.0 of TERMS AND CONDITIONS OF TENDER from time to time as per terms and conditions of the contract.

7.5 The contractor shall submit bills based on the rates approved for operations done by him and as certified by the Import I/C.The bills will be submitted within seven days of completion of dispatches of cargo of the vessel. Payments will be released within 30 (thirty) days of receipt of each running bill along with the requisite documents.

7.6 The bidders should note that the quantity of materials to be handled annually as given in tender documents is only indicative. SAIL does not take any guarantee for these quantities or for the uniform distribution of these quantities over the year.

7.7 All incidental operations not specifically mentioned in the schedule of rates but generally expected to be performed by the contractor i.e. supervision of the operation, liaison with port, customs, railways, surveyors, master of the vessel/vessel agent/chatterer’s agent/escorting agent etc. right from the time of receipt of shipping documents till the materials are finally dispatched to plant shall have to be performed by contractor. The charges for such services are deemed to have been included in the schedule of rates.

7.8 Cost and carriage of hand gloves/gears/drinking water, etc.supplied to labour,

supply of petromax lights/wooden ladders for increasing stack heights, steps/ladders for loading into dumpers, if required, cost of cleaning the stacks and other infringements/collection of broken pieces/chips/dust, payment of overtime/ any other charges with or without transportation by mechanical or other means, if any, shall also be on account of contractor

8.00 CONTRACT LABOUR:

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8.1 The Contractor shall abide by all the provisions of Contract Labour (Regulation & Abolition) Act 1970 and the Rules framed thereunder.

8.2 The tenderer should submit a valid Contract Labour License as per the above

Act and rules framed thereunder within 15 days of issue of LOI before starting the work and should get it revalidated as and when required during the tenure of the contract.

8.3 The successful tenderer shall have to produce to the company or its designated

Officer renewed contract labour license every year. In case the successful tenderer fails to produce the statutory/renewed license within the stipulated period, the contract shall be liable to be terminated with 15 (Fifteen) days notice.

8.4 The successful tenderer shall be bound to carry out, perform and observe all the

obligations under the various Acts including ESI, PF, Contract Labour, Minimum Wages act, Payment of Wages, Bonus Acts etc. and rules in forces from time to time. He shall maintain such records as are required under the applicable laws and submit them for scrutiny whenever required to do so to the Company or its designated Officer.

8.5 As a security against non-fulfilling the various obligations the successful

tenderer shall be deemed to have authorized the Company to set off any claims under various Acts and Rules in force from time to time from the bill amount payable to him and also to withhold the payments due to him till such time as the requirements of laws are complied with or to adjust payments to be made to and/or on account of the employees of the successful tenderer from the amount payable to him.

8.6 The successful tenderer shall have to maintain the following registers in the

forms as prescribed under the Contract Labour (Regulation & Abolition) Act 1970 and Rules framed thereunder and show such register to the concerned Branch Manager or his nominee as and when required by them.

a) Register of Persons employed b) -do- Muster Roll c) -do- Wages d) -do- Overtime e) -do- Deduction f) -do- Fines g) -do- Advances 8.7 The contractor shall within a fortnight of the date of the award of work issue

identity card to all the employees with photographs duly attached with such identity cards and attested by authorised representative of the contractor, similarly, the contractor shall issue identity cards to such approved casual employees/labourers that may be engaged by him from time to time.

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8.8 The successful tenderers shall furnish to the Company a copy of half yearly return in the form prescribed under the Contract Labour (Regulations & Abolition) Act 1970 and its Rules.

8.9 The successful tenderer shall be responsible for payment of wages to the

labourers/their personnel employed by him at a rate not less than the minimum wages prescribed by the appropriate authority under the relevant statute of the respective State Government. Such wages shall be paid to such labourers through Bank by 7th of the succeeding month in respect of which wage is payable after obtaining written authorization from labourers for payment through Bank.

8.10 Labourers who do not agree to give such authorization may be paid in cash and

such payment shall be made in presence of an authorized representative of SAIL to witness such payment. However, the successful tenderer shall endeavor to pay the wages of such labourers also through Bank after obtaining requisite authorization from them in this regard.

8.11 The successful tenderer shall submit to the company a consolidated statement

certified by the concerned Bank/s indicating payment of wages credited to the individual bank accounts duly acknowledged by the bank by 15th of the succeeding month in respect to which wages were paid. Acquittance roll/wage sheet in respect of payment of wage in cash should also be submitted to the company by the same date.

8.12 Non payment/delay in payment of monthly bills submitted by the contractor to

the company will not be the reason for the contractor to withhold payment of wages to the personnel deployed.

8.13 The successful tenderer will be required to furnish to the Company the following

particular (s).

a) Wage period b) Place of disbursement of wages c) Payment and date of disbursement of wages.

The above particulars are also required to be displayed in the form of a notice at the work place and a copy of the same is required to be sent by the successful tenderer to the Inspector under the Contract Labour (Regulation & Abolition) Act, 1970. All payment of wages shall be made on working day at the work site and during the work times as provided in the rules framed under the said act.

8.14 The successful tenderer shall undertake and be responsible to provide canteen,

rest room, sufficient supply of drinking water at convenient places and other facilities for the labours employed by him in compliance of chapter V of the Contract Labour (Regulation and Abolition) Act, 1970 and also provide for First Aid Box equipped with contents as may be prescribed under the rules framed

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under the Contract Labour (Regulation & Abolition) Act 1970 at every place where contract labour is employed by him. “The Successful Tenderer shall also undertake to provide other amenities to his labourers as provided under the Contract Labour (Regulation & Abolition) Act, 1970 & Rules framed thereunder.”

8.15 The successful tenderer shall not allow the use or sale of ardent spirits or other

intoxicating beverage in the working area or in any of the building/ premises occupied by the successful tenderer in connection with the work.

8.16 The successful tenderer shall ensure that the working hours for the female

workers, if any, employed by them shall be regulated as per the provision of statute and that no woman worker made to work inside the company’s premises except between 6.00 AM to 6.00 PM of any working day.

8.17 The successful tender shall further ensure that proper discipline and decorum is

maintained by the workmen/employee’s engaged by him in the company’s premises.

8.18 The Contractor shall be solely responsible for and immediately provide all the

welfare facilities to this contract Labour as prescribed under the Contract Labour (Regulation & Abolition) Act 1970 and Employees State Insurance Act.

8.19 The Contractor shall furnish the company before the commencement of the work

a list of worker employed by him with their respective daily rates of wages and the dates of disbursement as also the dates of their engagements along with statement if they are members of the recognized Provident Fund to enable to principal employer to check up whether the contractor discharges his obligations U/S 21 of Contract Labour Act and its rules.

8.20 The contractor shall furnish to the company a list of his labours and the number

of days actually deployed in the port area. Such list have to be furnished for every month during the first week of the subsequent month.

8.21 The contractor shall, abide by the special clauses for safety and engagement of

contract labour at the stockyard/work place. 8.22 Where any accident causing disablement or death occurs, the contractor shall be

liable for such injury or death caused as a result of such accident either within or outside the yard premises in the course work. The contractor shall be responsible for such contingencies and will make good all claims for compensation, claimed by his labour or staff or others and as adjudicated by the tribunal/commissioner of workmen’s compensation and or other authority, as the case may be, under workmen’s compensation act and other relevant laws of the land. He shall also indemnify the company and pay all such sums as may awarded in respect of claims for compensation arising out of or in consequence to any accident to any staff or labour working under him pursuant to the provision of the Workmen’s Compensation Act. or any subsequent

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modifications or amendments to the Act thereof. All costs incurred in connection with any such claims shall be made good by the contractor and the company reserves the right to recover the same from any amount payable to the contract either under this contract or any other contract. The company shall also have right to pay in the first instance if so called upon by the statutory or judicial authority to pay, such amount of compensation as is payable under the said act or any other act/rules and to recover the amount so paid from the contractor by deduction from his bills, security deposit or other dues either under this contract or any other contract.

8.23 The contractor shall be responsible for all payments to its employees and in no

case liability of payments like gratuity/terminal compensation under the gratuity act would be that of SAIL for any of the contractor's employees on superannuating or otherwise. The contractor must ensure that the contract labour engaged are not unfit/ overage. The contractor must take insurance cover at its own expense in respect of the staff and other personnel to be engaged by the contractor.

9.0 PROVIDENT FUND,ESI

9.1 The successful tenderer shall have his establishment registered with the Provident fund authorities under the provisions of the employees provident fund and Miscellaneous Provisions Act, 1952 & scheme framed there under and shall as a proof thereof, attach in this tender for submission, a copy of the order / letter from the concerned Regional Provident Fund Commissioner, allotting Provident Fund code Number in respect of his establishment. He shall give an undertaking that he will utilise the referred Provident Fund Code number for this contract.

9.2 The successful tenderer shall submit the authenticated copy of the challans(s) by

the 7th day of the English calendar month showing deposit of Provident Fund dues (employees plus employer’s matching contribution and related administrative charges) along with the list of labourers for whom such Provident Fund deposits have been made to RPFC’s Office.

9.3 Tenderer should have his establishment registered with the ESI authorities under the ESI Act 1948 and shall as a proof thereof attach a copy of such registration along with the tender. He shall give an undertaking that he will utilize the referred ESI registration for all his employees deployed under this contract.

9.4 The successful tenderer shall submit an authenticated copy of the challan(s) by the 7th day of the English calendar month showing deposit of ESI dues(contribution of both employees and employer) along with list of labourers for whom such ESI dues have been remitted.

9.5 The tenderers who do not already have their establishment registered as above shall submit an undertaking that they will get their establishment registered with ESI authorities under the ESI Act 1948 within sixty days from the date of LOI.

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They shall also undertake to utilize the registration so obtained for coverage of all their employees deployed under this contract.

9.6 The Company shall have the liberty of deducting the requisite dues in respect of

ESI coverage for all employees of the contractor and deposit the same with ESI authorities in addition to deducting a token amount of 2% of the bill as penal measure on a month to month basis in the event of failure of the contractor to obtain registration for his establishment under the ESI Act 1948 and providing coverage under such act to all his employees deployed under this contract.

9.7 A copy of the registration, from the ESI authorities allotting registration to the establishment of the tenderer. In addition an undertaking that the tenderer will utilise referred ESI registration for all his employees deployed in under this contract.

9.8 In the absence of such registration, an undertaking that the tenderer shall obtain ESI registration for his establishment within 60 days from the date of LOI and also that he shall utilize such registration for all his employees deployed in under this contract.

9.9 The successful tenderer shall comply with all the provisions of Service Tax or

any other statutory provision which are required or will be required for rendering of his/its services to SAIL.

10.0 MODE OF SUBMISSION OF TENDER:

The following documents are required to be submitted along with the tender: 10.1.1 Envelope marked No.1 shall contain:

Earnest Money deposit for Rs.1.5 lakh (Rupees one lakh and fifty thousand) in the form of Crossed Demand Draft/Pay Order/Banker's cheque from any Scheduled Bank except Gramin / Co-operative Banks and Catholic Syrian Bank in favour of M/s. Steel Authority of India Limited payable at Visakhapatnam. Previous deposit with SAIL if any by way of EMD/Security Deposit or any other kind of deposit or dues cannot be adjusted for this purpose.

In case the EMD is not submitted along with the tender, the tender will be rejected if the party is otherwise not exempted.

10.1.2 Envelope no.2 shall contain:

i. Certificate from their banker (from any Scheduled Bank except Gramin / Co-operative Banks and Catholic Syrian Bank) based on their transaction during the previous three years or for a period from the date of incorporation of firm (strike out the one not applicable).

ii. Proof of turnover of not less than 1 crore per annum iii. Stevedoring Experience Certificate. iv. Documents regarding Constitution of the firm (as applicable with respect to

Clause 14.0 of Instruction to Tenderers).

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v. PAN number of the Tenderer allotted by Income Tax Authority. vi. Power of Attorney/Authorisation in favour of the persons signing the tender

wherever required. vii. Declaration regarding non-employment of relatives in the Company. viii. The tender documents i.e. covering/forwarding letters to tender in the

prescribed Performa including tender notice, Invitation to tender, Instruction to tender, Terms and conditions of the contract with all pages intact (except Schedule of rates) duly signed with official seal by the tenderer or such person legally authorized to sign on his/their behalf.

ix. A copy of the valid order/letter from the concerned Regional Provident Fund Commissioner, allotting Provident Fund Code no. in respect of his establishment. The contractor should have valid PF registration at the time of quoting in the tender. In case of ESI a declaration to the effect that the same will be obtained within 60 days of LOI can be submitted.

x. List of equipments and vehicles along with owners name and undertaking letter.

xi. Copy of stevedoring license. xii. Copy of letter from CHD Vizag regarding registration of the firm authorizing

deployment of labour for this job. They should also submit an authenticated letter from CHD/ Vizag indicating details of number and type of labour to be deployed in each gang for various operations to be executed in this contract as per norms of CHD / Vizag as on date of opening of tender and also corresponding respective elements of (a) wages, (b) piece rate, if any (c) DA and (d) applicable levies and (e) other charges, if any.

10.1.3 Envelope no.3

Schedule of Rates duly filled in and signed by the tenderer with official seal. The rates should be quoted as per schedule of rates only. Any deviations/ conditions put in will be treated as invalid tender. The tenderers are required to quote against all the items at Schedule-1, Schedule 2 & Schedule-3.

10.1.4 Envelope no.4

This envelope should contain all the envelopes i.e. 1, 2, 3. Each Envelope to be properly marked as ENVELOPE NO 1, ENVELOPE NO 2, ENVELOPE NO 3 etc.

Please note that the tender rate should not be indicated in any of the documents contained in the envelope no. 1 & 2.

NOTE: Tender document is also available on the sail website. It shall be responsibility of the persons submitting the tender to ensure that the tenders have been submitted in the formats and as per the terms and conditions prescribed in the sail website and no change is made therein before submission of their tender. In the event of any doubt regarding the terms and conditions / formats, the person concerned may seek clarifications from the authorized officer of SAIL. In case of any tampering / unauthorized alteration is noticed in the submitted

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from the tender document available on the SAIL website, the said tender shall be summarily rejected and the company shall have no liability whatsoever on the matter. Cost of tender document in the form of DD has to be submitted in separate envelope.

In case of submission of down loaded tender documents, the superscription will be as follows:

Tender for Stevedoring, Shore Clearance, Transportation, Stacking and Wagon loading of Imported Coking Coal / Non-Coking Coal and Metallurgical Coke And Loading of Coal Vessels for Coastal Movement at Visakhapatnam Port.

10.2.0 MODE OF RECEIPT OF TENDER 10.2.1 The following shall be recognized method for receipt of tender:

a) The tender received through Tender Box. No acknowledgement will be given as a token of receipt in such case.

b) Tenders received by Post and/or Courier service. c) Tender box will be sealed after the time of submission of tender as per the NIT is over.

10.2.2 Tenders which have been sent by post or by courier shall be considered when tenders are received through receipt section and opened together at a fixed time and date as indicated in the Notice inviting tender. Tenders should be in a proper envelope and receipt of the same will be recorded in the receipts register maintained for this purpose. The onus of receipt of tender by concerned person will be on the tenderers.

10.2.3 Delayed/late tenders will not be opened. 10.2.4 Tenders with deviation and conditions shall not be considered. The offers

should not contain any counter conditions nor should any conditions be attached to either the Commercial Bid or the Price Bid. Bids containing counter conditions shall render the tender invalid. Any tender not fulfilling the criteria and accompanied with requisite documents as mentioned against the clauses below is liable for rejection without further reference to the tenderer.

− Clause 2.1 of Invitation to the tender relating to solvency certificate. − Clause 2.3 of Invitation to the tender relating to stevedoring experience of

the tenderer. − Clause 2.4 of Invitation to the tender relating to document of PF registration. − Clause 2.5 of Invitation to the tender relating to lease agreement for

equipment. − Clause 2.6.1 of Invitation to the tender relating to Stevedoring License

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− Clause 2.6.2 of Invitation to the tender relating to CHD License − Clause 2.6.4 of Invitation to the tender relating to Joint venture agreement. − Clause 15.0 of Instructions to the tender relating to EMD.

10.2.5 The tenders should be submitted to Branch Transport & Shipping Office,

Harbour Approach Road, and Visakhapatnam on or before 1500 hrs on 00.10.09. It will be in the interest of the tenderer to ensure that the tender documents reach positively before the time indicated above.

10.2.6 The tenders may generally be rejected if:

a) A tender is submitted after the tender closing date and time; b) The tender contains inadmissible reservations or restrictions; c) A tender shows that the tenderer has not met with certain

technical/commercial requirements. d) The tenders are submitted by parties to whom enquiries were not issued or

to whom tender papers were not sold; e) Non-payment towards cost of down loaded tender documents or not in the

form as directed. f) Tenders quoted in a format other than that specified in schedule of rate as

given in the annexure_____ are liable to be rejected. g) The bid price shall be quoted in Indian rupees only. Payments shall also be

made in Indian rupees only.

Such tenders will be treated as invalid and not considered. 11.0 OPENING OF TENDER 11.1 The tender will be opened at the office of the Branch Manager, Steel Authority

of India Ltd., Branch Transport & Shipping Office, Visakhapatnam after 15-00 hours on 21.12.2009 in the presence of the authorized representatives of the tenderers who intend to attend the tender opening.

11.2 The tender Envelope marked no.4 will be opened first. The names of all the

tenderers present shall be noted down on a tally sheet, with the remarks as a whether they have submitted further envelopes marked 1, 2, 3 with their names superscribed on them. This tally sheet will be signed by the tenderers present.

11.3 Thereafter envelope marked no.1 will be opened in presence of the tenderers

present. 11.4 Thereafter envelope marked no.2 will be opened only with respect of those

tenderers who have submitted EMD as per tender requirement. Envelope marked no.2 will not be opened for those tenderer who has not submitted the EMD as per tender requirement.

11.5. Thereafter envelope marked no.3 will be opened on a specified date for those

tenderers who have submitted the required documents as per tender requirement

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to be put in Envelope no.2 and eligible for this tender. The date of opening of Envelope No.3 will be intimated to all eligible tenderers who qualify in technical bid.

11.6 SAIL reserves the right to accept or reject any or all tender without assigning

any reason whatsoever. 12.0 EVALUATION OF TENDER & NEGOTIATION

12.1 a) Order in the contract will be placed on the basis of L1 quotation. If

required, negotiation will be held with L-1 tenderer only. However, the L-1 tenderer may be required to explain/justify the basis of their quoted price and when asked for. In case the tenderer fails to justify his quoted price or refused to cooperate in this regard, they will not be considered for participating in re-tendering if contract is not finalized from the present tender. b) If the tenderer quotes unworkable rate i.e. quoted rate is less than the lower limit of estimated rate determined by SAIL and is considered for placement of order, the L-1 tenderer will be asked to justify the rates quoted by him and will be required to submit a Performance Guarantee Bond in addition to the Security Deposit, in the form of Bank Guarantee/Bank Draft from a Scheduled Bank except Gramin/cooperative Banks and catholic Syrian Bank. Performance Guarantee bond shall be submitted within 15 days from LOI date. The amount of additional performance guarantee bond will be 20 (twenty) lakhs. (In case the job is distributed to two parties this additional PG will also be proportionately distributed). In case the tenderer refuse to give this additional performance guarantee bond, EMD will be forfeited and will not be considered in re-tendering in case contract is not finalized from the present tender. c) In case any tenderer fails to perform as per the contract at quoted lowest rates the contract will be liable to be closed with due notice. Further, they will not be considered for participating in the re-tendering if the contract does not run for the tenure for which the same is awarded to the present tenderer due to default/non-performance on the part of the contractor. d) In case there is variation in rates quoted in numbers and in words, the rates quoted in words will be taken as final.

12.2 The policy of Purchase preference for PSU/Government Organization may be extended to the Contract and shall be based on the extant guidelines issued by the Government of India.

12.3 The tender will be evaluated on the basis of lowest rate obtained in this tender for coking/non-coking coal only. The lowest rate (L-1) for coal will be evaluated as per the formula given below.

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13.0 CALCULATION OF LOWEST RATE OF TENDER (L-1)

13.1 The tender will be evaluated on the basis of the lowest rate quoted by the tenderer for coking/non-coking coal only in the price bid (schedule-1). The lowest rate of the tender will be arrived at by using the formula given below for rates quoted against coking/non-coking coal (Schedule 1). No weightage will be given for evaluation of tender (lowest tenderer) for the rate obtained in respect of handling of metallurgical coke (Schedule 2) & Coastal loading of Coking Coal / Non-Coking Coal Vessels (Schedule 3).

13.2 Lowest Rate(L-1) of schedule 1: = [40% x Rate of item No. 1(a) + 60% x rate of item No. 2 + 100% x rate of item No. 3 + 40 % x rate of item no 4 + 30% x rate of item no. 5]. (Rate for item no.1 (b) & 6 shall not be taken into consideration for evaluation / ranking of tender. However, rates against this item shall be negotiated with L-1 tenderer.)

13.3 Lowest Rate(L-1) of schedule 2: =

[40% x Rate of item No. 1(a) + 60% x rate of item No. 2 + 100% x rate of item No. 3 + 40 % x rate of item no 4 + 30% x rate of item no. 5]. (Rate for item no.1 (b) & 6 shall not be taken into consideration for evaluation / ranking of tender. However, rates against this item shall be negotiated with L-1 tenderer.)

13.4 Rates against Schedule- 3:

(80% x Rate of item No. 1 + 20% x rate of item No. 2). No weightage will be given for rate obtained in the Schedule for calculation of

L-1 tenderer

13.5 In case of coke, rates to be quoted in the proforma for schedule of rates for coke. The lowest rate for coke will be evaluated on the basis of formula indicated above. The lowest tenderer(s) of imported coking / non-coking coal will be asked to match the lowest rate obtained for handling metallurgical coke. In case the lowest tenderer(s) of imported coking/non-coking coal does not agree to match the lowest rate obtained for handling of metallurgical coke as per schedule of rate, the job for Metallurgical Coke will not be allotted to any tenderer.

13.6 However, the coke rates will not be taken into consideration for evaluation of lowest rate (L-1) for this tender. SAIL may not award the work of stevedoring/handling of coke at all and may award the job of stevedoring/handling of coal only.

13.7 In case of coastal loading of vessels, rates to be quoted in the proforma for

schedule of rates for Coastal loading of Coking Coal / Non-Coking Coal Vessels. The lowest rate for Coastal loading of Coking Coal / Non-Coking Coal Vessels will be evaluated on the basis of formula indicated above. The lowest tenderer(s) of imported coking / non-coking coal will be asked to match the

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lowest rate obtained for Coastal loading of Coking Coal / Non-Coking Coal Vessels. In case the lowest tenderer(s) of imported coking/non-coking coal does not agree to match the lowest rate obtained for Coastal loading of Coking Coal / Non-Coking Coal Vessels as per schedule of rate, the job for Coastal loading of Coking Coal / Non-Coking Coal Vessels will not be allotted to any tenderer.

13.8 However, the Coastal loading of Coking Coal / Non-Coking Coal Vessels rates will not be taken into consideration for evaluation of lowest rate (L-1) for this tender. SAIL may not award the work of Coastal loading of Coking Coal / Non-Coking Coal Vessels at all and may award the job of stevedoring/handling of coal only.

13.9 The work shall be awarded to 2(two) tenderers at L-1 Rates. The distribution of job will be in the descending order with L-1 getting the highest share of 70% ratio and L-2 matching with L-1 rate will be 30% ratio. In case two parties quote L-1 rates, then the job will be distributed equally. The decision of SAIL in this regard will be final.

14.0 DECLARATION: 14.1 Each tenderer shall submit the following declarations along with the tender:

a) Declaration to the effect that he has adequate organization, resources and experienced personnel to handle the type and volume of work under the subject tender.

b) Declaration as to whether he has any relative within the meaning of Section-

6 read with Section I (A) of the Company’s Act of 1956 employed in any capacity in the company.

Note: In case he has any relative employed in any capacity in the Company, the full name with the position held in the company must be clearly indicated. In case the tenderer is awarded the contract, he shall inform the Company if any of his relative as defied above joins the company at any time subsequent to the award of the contract and during the continuance of the contract

14.2 The full information should also be given by the tenderer in respect of the following:

14.2.1 In case of Individual: i) His full name, address and place of business. ii) His financial status (supporting Bank reference to be given based on their

transactions during the previous 3 years.Proforma for Bankers certificate at annexure-IID

iii) His previous job experience (details).

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14.2.2 In case of Partnership Firms:

a. The names of all the partners and their addresses.

b. Financial status of the firm and its partner (supporting bank reference to be given based on the transactions of the firm and partners during the previous 3 years.

c. Attested copy of partnership deed to be attached.

d. Details previous experience

14.2.3 In cases of Companies.

i) Date of incorporation including the date of commencement certificate in case of Public Companies. Certified copies of Memorandum and Articles of Association as also Certificate of incorporation are to be attached.

ii) Nature of business carried on by the company and the provision of the Memorandum relating thereto

iii) Name and address of all the Directors and other particulars.

iv) Previous experience(details should be furnished)

v) The authorized, subscribed and paid up capital

vi) If the nature of the business differs from the business for which the Company is incorporated, appropriate alteration in the Memorandum of Association should be sought for from the Competent authority and a certified copy of the order of such alternation should be furnished.

vii) Financial status of the company (supporting bank reference to be given based on the transactions of the company during the previous 3 years).

14.2.4 In case of co-operative society:

i) Date and place of registration and attested copy of registration certificate.

ii) Certified copies of the rules and regulations of the Society

iii) List of members and names of Office-Bearers. Any change in the office-bearers of the society shall forthwith be notified by the outgoing/incoming Chairman/President of the Society.

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14.2.5 In case of joint venture firm/company/enterprise:

To submit duly authenticated copy of the agreement by which joint venture has been formed also indicating the names and address of all the constituents of the joint venture. .

14.2.6 If the tender is not accompanied by such declaration referred to above, the same shall be treated as incomplete and liable to rejection. In the event of furnishing wrong declaration in this behalf by a tenderer whose tender happens to be accepted by the company, the company reserves the right to rescind the contract forthwith as soon as the fact comes to light after award of the contract. The contractor shall, in such cases, make good to the company the loss or damage resulting from such cancellation.

15.0 EARNEST MONEY/SECURITY/PERFORMANCE GUARANTEE. 15.1 The tenderer shall submit earnest money of 1, 50,000/-(one lakh fifty thousand

only), DD or PO or Bankers cheque drawn on any scheduled Bank (except Gramin/Cooperative Bank and Catholic Syrian Bank) payable at VISAKHAPATANAM favouring STEEL AUTHORITY OF INDIA LTD. along with the tender. The tender shall be rejected in case no such earnest money is submitted. Small scale units/Ancillary units and Public sector units/Government undertaking and co-operative societies etc. may be exempted from submission of EMD as per Govt.Policy.However, for getting exemption from submission of EMD, the SSI units are required to submit a notarized copy of the registration certificate indicating clearly the item for which they registered and the validity of the same. This will be made applicable for all other units seeking exemption from submission of EMD. Refund of EMD to unsuccessful tenderer will be arranged after 30 days from finalization of contract. Earnest money shall not carry any interest. Upon award of work the EMD will be converted into a security deposit.

15.2 No request shall be entertained from any of the tenderers to adjust the amount of

Earnest Money furnished in any previous tender or form any amount lying in their account in any form with the Company. No interest shall be allowed on the earnest money deposit.

15.3 No cash, cheque, postal order, money order will be accepted. 15.4. The Earnest Money shall be forfeited

a. If the Tenderer withdraws the Tender during the validity period of the

Tender and/or modifies any of the terms and conditions during the validity period of the said Tender;

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b. In case the successful Tenderer fails to furnish PG Bond, BG etc. as required under the Tender terms and/or fails to comply with any or all the requirements/formalities as specified in the company’s letter for compliance of the post contract conditions.

c. If the Tenderer fails to justify and/or refuses to explain and satisfy company

about the basis of their quoted rates;

15.5 The earnest money will be refunded to the unsuccessful tender(s) within 30 days on expiry of the validity period of tender offer without any interest.

15.6 The 'Earnest Money' deposited by the successful tender(s) will be retained

towards the Security Deposit for the due fulfillment of the terms and conditions of Contract. In addition to this, further amount of Rs.1.0 crore to be deposited as security deposit for the total job. 50% of the additional Security Deposit of Rs.1.0 crores will be deposited in the form of Demand Draft/ Bankers Cheque from Scheduled Bank except Gramin / Co-operative Banks and Catholic Syrian Bank payable at Visakhapatnam and balance 50% of the Security Deposit to be deposited in the form of Bank Guarantee from Scheduled Bank except Gramin / Co-operative Banks and Catholic Syrian Bank encashable only at Visakhapatnam (Total Rs. 1.0 crore). In the event of award of the contract to two tenderers, the amount of Security Deposit in the form of demand draft or Bank Guarantee to be calculated proportionately in line with the ratio of quantity of work awarded to respective contractors. No interest will be paid on the EMD/Security deposit. The BG shall be valid for the entire contract period including extended period and 6(six) months there after.

15.7 The security deposit as above should be submitted within 15 days from the date

of Letter of Intent issued by the SAIL to the party failing which SAIL will take suitable action as deemed fit. The security deposit will be refunded to the contractor on expiry and/or termination of the contract subject to production of a no claim certificate to the effect that no other claims by him/or him by the company; Railways,etc. are pending for consideration. No interest shall be payable on the security deposit.

16.0 CONTRACT:

The successful tenderer shall execute a formal agreement on non-judicial stamp paper. The advertisement for tender, tender form, invitation to tender, instruction to tenderers, Terms and Conditions of contract along with all the enclosures etc., any other letters exchanged with the successful tenderer shall form part of the contract. The agreement should be executed within 15 days from the work order date failing which the work order will be withdrawn and EMD/Security Deposit will be forfeited.

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17 INTEGRTY PACT: The tenderer(s)/ contractor(s) is required to enter into

an “Integrity Pact” with the SAIL. The Integrity Pact has to be signed by the proprietor / owner / Partner / Director or by their duly Authorised signatory. In case of failure to return the integrity pact along with the offer/ bid, duly signed by the authority as mentioned above, will disqualify the offer / bid.

18 The Bidder(s)/Contractor(s), if feel aggrieved, may raise complaints/pass on information, if any, to the Competent Authority/Operating Authority of the Tender/ Contract or to the Chief Vigilance Officer (CVO), SAIL, Ispat Bhawan, Lodi Road, New Delhi.

19.0 ARBITRATION:

Disputes or differences arising out of or relating to the contract shall be referred to Arbitration in terms of the Arbitration clause contained in the terms and conditions of the contract.

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TENDER FORM From: To: Branch Manager Steel Authority of India Limited, Central Marketing Organisation, Branch Transport & Shipping Office Harbour Approach Road Visakhapatnam-530035 SUB: TENDER FOR APPOINTMENT OF CONTRACTOR. Dear Sir/Madam, In response to your Tender No.-------------- dated ------------- in the ----------------- Inviting offers for appointment of contractor for Stevedoring, Shore clearance, Transportation, Stacking and wagon loading of imported coking coal/ non-coking coal and metallurgical coke And Loading of Coal Vessels for Coastal Movement at Visakhapatnam port., I/We, a Company/Partnership firm/an Association/Sole Proprietor (in the case of a firm, an Association/or a Joint-venture, (please set out here full name of all partners/members)-------------------------------------------------------------------------- carrying on business at --------------------------- hereby offer to carry out various operations, at the firm rates quoted in the schedule of operations kept in a separate envelope marked No.3. I/We agree that this offer shall be valid for a period of 120 days from the date of opening of the tender part-I and if the offer is withdrawn/modified/varied before the said date of validity, the Earnest Money furnished by me/us shall stand forfeited. I/We hereby agree and certify that I/We have examined and am/are familiar with all provisions of this tender document and to abide by Instructions to Tenderers and fulfill your "Terms and conditions" of the contract for Stevedoring, Shore clearance, Transportation, Stacking and wagon loading of Imported Coking Coal / Non-Coking Coal and Metallurgical Coke And Loading of Coal Vessels for Coastal Movement at Vizag Port which shall be deemed to form an integral part of this offer and I/We herewith enclose original copies of Tender Notice, Invitation to Tender, Instructions to Tenderers and Terms & Conditions duly signed on each page, as token of my/or acceptance thereof (except the schedule of operation and rates which is kept in a separate envelope). We hereby certify that we have not made any alteration in the tender documents purchased from you/downloaded from the website. I/We hereby agree further, to notify you at any time whether before or after acceptance of my/our tender, any change in the constitution of my/our firm/company either by the death, exclusion or retirement of any partner or member or by the admission of a new Partner or member. (This clause shall apply where the Tenderer is a firm/company).

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I/We enclose a demand draft/pay order on ----------------Bank for Rs.-------------- (Rupees---------------------------------------- only)(the amount to be calculated and filled in by the branch) in favour of Steel Authority of India Limited, being the Earnest Money Deposit and payable at Visakhapatnam. I/We note that no interest shall accrue on the Earnest Money Deposit. EMD without interest shall be refunded to the unsuccessful tenderer(s). But it will be retained by you towards the Security Deposit in the case of successful tenderer for the due fulfillment of the contract. I/We also note that acceptance of this tender as will be communicated by your Letter of Intent shall constitute a valid and binding contract between us. I/We also note that failure to comply with the conditions specified in your letter for compliance of post contract formalities shall have the effect of termination of the contract and I/We shall be liable for all consequences thereof. Thanking you, Yours faithfully, (Signature of the Tenderer) Date Seal of Tenderer Encl: a) Tender Notice; b) Invitation to Tender; c) Instructions to Tenderers d) Terms & Conditions of contract along with all its enclosures, all duly signed e) Earnest Money; f) Cost of tender documents(for downloaded tender documents only)

g) All relevant documents as indicated under “Instructions to Tenders” Witness (Signature) 1. 2. Full name and address Full name and address. Occupation and date Occupation and date

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CHAPTER – III

TERMS AND CONDITIONS OF THE CONTRACT for Stevedoring, Shore Clearance, Transportation, Stacking and wagon loading of Imported Coking Coal / Non-Coking Coal and Metallurgical Coke and loading of coal vessels for Coastal

Movement at Vizag port 1.0 DEFINITIONS:

In the contract, hereinafter defined, the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires:

i) “COMPANY” means the Steel Authority of India Limited (SAIL) incorporated

under the Indian Companies Act, 1956 with its registered office at Ispat Bhawan, Lodi Road, New Delhi-110 003 and having its Transport & Shipping Dept. at ISPAT BHAWAN, 40 JAWAHARLAL NEHRU ROAD, Calcutta-700 071 and includes its successors and assigns.

ii) “GENERAL MANAGER/DEPUTY GENERAL MANAGER/REGIONAL

MANAGER”(GM/DGM/RM)means General Manager/Deputy General Manager/Regional Manager of the Company or any Officer of the Company for the time being in charge of the Regional Transport & Shipping Department/Southern Region.

iii) “Branch Manager”(BM) means Branch Manager at the Visakhapatnam Branch

of the Company or any Officer of the Company for time being in charge of that Branch.

iv) “TENDERER” means the Persons, Firm or Company submitting a tender

against the invitation to tender and include his/their heirs, executors, administrators, legal representatives, successors and permitted assigns.

v) “CONTRACTOR” means the person or persons, company or firm whose

tender has been accepted by the Company and includes the Contractor’s legal representatives, successors administrators and permitted assigns.

vi) “WORK” means and includes all work specified or set forth and required in and

by the specifications, schedule hereto annexed or to be implied therefrom or incidental thereto or to be hereafter specified or required in such explanatory instructions (being in conformity with the original specification and schedule).

vii) “CONTRACT” shall mean the Invitation to Tender, Instruction to

Tenderer,General conditions of contract, Special terms and condtions,Specifications,Tender schedule etc. showing estimated quantities, quoted rates and amount against each item, Letter of Intent, Tender and the contract agreement, subsequent amendments mutually agreed upon.

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viii) “LETTER OF INTENT” means intimation by a letter to tenderer that tender has been accepted in accordance with the terms and conditions.

ix) “APPROVED” means approval in writing including subsequent written

confirmation of previous verbal approval and “approval” means approval in writing including as aforesaid.

x) “SPECIFICATIONS” means schedule, statement of technical data,

performance characteristics and all such particulars mentioned as such in the contract.

xi) “AUTHORISED REPRESENTATIVE” shall mean an Employee or any other

Officer appointed from time to time by SAIL and notified in writing to the Contractor to act as Engineer or authorized representative for the purpose of the contract

xii) “CONTRACTOR’S EQUIPMENT” shall mean tools,dumpers,pay loaders, high

neck terexes, bulldozers, tools, tackles, jigs and fixture and stores brought to the site by the contractor for carrying out any job under this contract.

xiii) “SITE” shall mean any Berth in the port, storage plots at Port/SAIL stockyard

where the contractor will be required to work for executing the work covered under this tender.

xiv) “SUPERVISION” shall mean all successive control and directions given by the

Company in relation to contractor’s works. xv) “PORT PREMISES” shall mean under Port authority at Visakhapatnam. xvi) “PLANTS” shall means Company’s steel plants at

Bhilai,Bokaro,Durgapur,Rourkela,Stainless Steel Plant at Salem, Alloy Steel Plant at Durgapur ISP at Burnpur, VISL at Bhadravati and subsidiaries at Chandrapur.

xvii) “STORAGE YARD” means/ includes any place or locality within or outside

the Port Area where the Company stores its materials whether now existing or acquired later.

xviii) “EXCEPTED MATTERS” are those for which the decision of the company is

final as per the conditions herein.” xix) CMO means the Central Marketing Organization having its head quarters at

Kolkata. xx) CE means Chief Executive of CMO SAIL shall be the head of marketing

organization of the company (SAIL) by designation which is at present Director Commercial.

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xxi) CHD means the Cargo Handling Division of Visakhapatnam Port Trust (VPT), formerly Dock Labour Board (DLB)

2.0 DUTIES OF CONTRACTOR: 2.1 The successful tenderer should be aware of all the terms and conditions specified

in the tender documents viz., the manual specifying the invitation to tender, general conditions and terms of the contract for operational works, the special conditions indicated in this document.

2.2 In view of the large-scale operations involved, the entire work shall only be

mechanically oriented and manual operations shall be resorted to only in case of exigencies and prior approval of the Company should be specifically obtained.

2.3 The Contractor should keep himself appraised and be thoroughly conversant

with the rules and regulations of the Port Trust, Customs, CHD, Dock Safety and other related agencies.

2.4 The contractor is deemed to assume all the responsibilities in the proper execution of the entire work i.e., from berthing of the vessel and until discharge completion of the allotted quantity of material, as per Draught Survey and sailing of the vessel and all other operations at the shore/wharf.

2.5 Charges levied by the CHD/Other agencies for labour utilization will be paid to

directly by the Contractor. The Company will make no separate payment for this to contractor. However, in case any additional labour element like Line Picker’s Gang etc. is involved for operating at stacking areas outside port premises like East Yard Dump etc., additional labour cost as per labour pool bill etc shall be borne by SAIL. Labour indents have to be placed by contractors only.

2.6 For smooth and efficient discharge, if port requires, it shall be imperative on the

part of the contractor to deploy suitable hoppers, one for each hatch. If the successful tenderer does not posses sufficient hoppers, he shall organize the same within six weeks from the date of award of the contract. In case, the successful tenderer fails to organize the hoppers within six weeks, company shall make/procure the same and recover the costs incurred from the tenderer in two equal installments.

2.7 The Company will inspect all the equipment offered by the tenderers for

environmental pollution viz., spillage/leakage of cargo from the equipment, exhaust gases, etc., from time to time. Such equipment which are found not roadworthy/pollution friendly shall not be considered for the tender/contract.

2.8 The contractor will undertake the work by mechanical means only and will keep

the engagement of stand by manual labour to the barest minimum and such standby manual labour as may be engaged under CHD/Port rules should be only employed for the purpose of sweeping and cleaning the hatches to the Master’s satisfaction.

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2.9 The contractor shall avoid delays / stoppages of work due to non-availability of

equipment/dumpers on the shore. The delays can either be certified by a Company Official or Company-appointed surveyor. Any time lost due to stoppage of work by Port Authorities/SAIL official because of non-clearance of cargo from shore or inadequate equipment/dumpers will also be on account of contractor. Such delays will be treated as loss to the company and company reserves the right to recover the cost of vessel’s holding time (i.e., equivalent to dispatch/demurrage amount) from the contractor. No spillage of cargo in the sea is allowed, in case any such incidents are noticed by Port/SAIL officials action like stoppage of further work/recovery of cost of cargo etc may be taken and decision of SAIL in this regard will be final.

2.10 The contractor must report to the company within one hour of

breakdown/damage or any other occurrence to the vessel’s gear affecting the discharge. If the disruption in discharge due to above reason continues beyond the shift, the contractor shall bring it to the notice of the company for consideration for appointing an independent Marine Surveyor for conducting a third party discharge survey.

2.11 If due to the spillage of cargo into the channel, the port authority raises any bills

to the company for any extra dredging cost, the same shall be recovered from the bills of the contractor.

2.12 The manpower requirements for efficient supervision and execution of on-shore

and on board jobs shall be maintained by the contractor without fail. 2.13 The contractor shall ensure that the person engaged/deployed by him for

carrying out the work behaves properly with SAIL’s staff and officers and maintain discipline and punctuality. Otherwise, the contractor shall have to withdraw such men from work if desired by the Company. Reasons need not be assigned for such action.

2.14 The contractor shall also posses adequate communication facilities like sufficient number of telephones, faxes, Trunk Radio systems, Cellular Phones etc. The contractor shall possess a minimum three Trunk radio systems compatible with the company (SAIL) systems. The successful tenderer shall possess the same within three days from the date of award of the contract. Failing to do so, the company shall procure three sets and recover the costs from the contractor.

2.15 Any dispute between the contractor and the port shall be settled by the contractor

directly. Company does not take any responsibility towards this, whatever be the nature of the dispute including damages to port’s property, accident, etc. Any payments that may become payable by SAIL in this regard, will be recovered from the contractor.

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2.16 No claims for any damage/demurrage/detention/idle charges for any equipment, labour and other enabling facilities organized by the contractor shall be payable to the contractor under any circumstances whatsoever.

2.17 The contractor should at all times have a well-organised establishment with

skilled and experienced staff in the Port area for proper administration/control, supervision over the operations/equipment/staff employed, etc.,

2.18 The contractor shall make his own arrangements for all the equipments, tools

and tackles and other requirements as per Dock Safety Regulations/other statutory rules of the State / Central Government viz., Hand Gloves, Slings, Shovels, Goggles, Nose pads, Shoes etc. and other contrivances, manual or mechanical and manpower required for the execution of the work. No priority or recommendation letter for procurement of equipment or tools and tackles shall be given by the Company.

2.19 The contractor shall fully apprise himself of all the facilities available with the

Port Trust as also with the Company so that, he can avail of them whenever it is possible to do so. He shall however, make all required arrangements in advance and gear up his organization with required manning/equipment, notwithstanding the operating facilities available with the Port Trust and/or the Company in order that the work is executed in the required manner. The Company is not bound to make available its equipment and services to the Contractor for carrying out the operations.

2.20 The contractor shall be responsible to SAIL for damage arising out of or in

consequence of negligence on the part of the contractor or any office servant, to any part of the property of the ship or any property belonging to Port, Sheds, Wharf, Cranes, Floating Cranes, Harbour Wall etc. or to boats barges, lighters of tugs of shippers/consignees. The contractors shall also be responsible for all losses or damages to cargo of which SAIL shall be the sole judge, caused on account of loading or unloading operations by the servants or labours employed by them and arising out of negligence on their part or any other cause whatsoever. The contractor shall indemnify SAIL in respect of claims and damages arising out of aforesaid loss or damage to cargo.

2.21 The contractor shall, wherever possible and if advised by Port, discharge the

cargo on the wharf through suitable hoppers (one for every hatch working) directly in to the dumpers at the wharf. The contractor shall arrange for wooden scantlings, tarpaulin screens and save-all-nets between vessels and wharf edge to prevent spillage of cargo into the channel during the operations. However, the cargo not accessible by the machines shall promptly be cleaned by using manual labour.

2.22 The contractor shall carry out weighment of all loaded Wagons in the in-motion

weighbridge installed by the company/ port/ other agencies. The actual cost of weighment, if any, will be borne by the company. All other costs, labour charges and incidentals, if any, shall be borne by the contractor at no extra cost

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to the company. The accounting of material shall be based on actual quantity loaded in wagons. Contractor shall ensure that all wagons are loaded up to full capacity as per Railway rules/ instructions of the company. The contractor should load the wagons with maximum cargo possible aiming at but not exceeding the chargeable quantity i.e. 65 MT per wagon at present. The loading should be as per the instructions of the company from time to time depending on the quality of coal to be loaded. The compacting and trimming of the cargo, specially the lighter cargoes viz. New Zealand Hard, Soft and US Hard coal should be done by the contractor. However, while undertaking the operation of loading/ compacting/ trimming of wagons due care should be taken in order to avoid any injury to wagons. In case rakes are not weighed at Port / Railway Weigh Bridge, the accounting shall be done on CC weight.

2.23 For the purpose mentioned in clause no.2.22 the contractor shall have to ensure

the movement of wagons at the specified speed on the in-motion weighbridge. The necessary liaison with the Port, Railways and other agencies, if any, shall be the sole responsibility of the contractor.

2.24 Any transshipment of the loaded railway wagons inside the Port area or at any

other specified area should be promptly attended to by the contractor at no extra cost/expenditure to the company. The contractor shall always keep the company informed about such activities and the corrective action initiated by him immediately after its occurrence.

2.25 At least two posters shall be pasted with one on either side of each loaded

wagon, for facilitating identification of the cargo loaded. The poster should contain information like contract number, cargo specification, vessel name, B/L number and date, date of loading, particulars of both the consignor and consignee etc. No loaded wagons shall be handed over to the railways without pasting the posters. The posters shall be printed by the contractor at his cost in consultation with SAIL. The quality of paper used for printing posters shall be of reasonable standard with size of approximately 12”x 12” and of different fluorescent colours as suggested by SAIL representative.

2.26 In order to establish the quantum of cargo loaded in the wagons, pre-weighment

and loading of pre-weighed cargo under the supervision of independent surveyors, so also weighment of loaded railway wagons are required to be done regularly as per the instructions of the company. No extra remuneration shall be payable for such operations.

2.27 Any wagon detention charges / Demurrage charges either by Port

Railways/Indian Railways shall be to the account of the contractor. In case of change in Port Railway rules or Railway Rules on account of wagon detention/demurrage, free time for loading/unloading during the period of contract, the same will have to be borne by contractor(s) and necessary steps to be taken by the contractor to work under the changed circumstances.

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2.28 If the company so desires, the contractor shall have to arrange photographing of the loaded wagons before the movement of the rake to the destination. The photograph should clearly depict the loading profile at the top as well as on the sides clearly showing the wagon numbers.

2.29 In case the railway track is blocked/obstructed due to spillage of the cargo or any

other reason whatsoever, it shall be responsibility of the contractor to clear the railway track from the obstacle(s) so that wagon loading can continue without interruption.

2.30 In case the stacking area or the railway tracks are flooded with the rain water or

otherwise, it shall be the responsibility of the contractor to clear off the water by using mechanical means viz., Diesel pumps within the shortest possible time so that operations including unloading, stacking of the cargo and wagon loading can be continued without any interruption. It is advised to go for high stacking of the cargo at the stacking area to minimize the base area of the stock so that the cargo is least affected by the accumulated water, etc. The stacks shall be accessible for loading and care shall be taken to see that adequate space is provided for the movement of the loading equipments like Bulldozer, front-end loaders, Poclains.

2.31 The contractor shall avoid loading of slurry cargo into the wagons at any point

of time. In case slurry cargo is found loaded in the wagons the company has the right to order for unloading of the same and re-doing of the loading with dry cargo. All costs and other expenses incurred in the process shall be solely to the contractor’s account.

2.32 No payment, however, towards any cost shall be made for jobs listed under 2.24

to 2.31. 2.33 The successful contractor will take over the existing stock of coal duly

accounted at different locations and no dispute in this regard will be accepted by the company.

2.34 Whenever cargo is loaded from high stacks, after loading the cargo into wagons,

stack height shall be trimmed to reduce the height of the stacks to the satisfaction of port authority. In case the contractor fails to do so, SAIL will deploy equipment from other sources to complete the job and recover this cost from the running bill/ security deposit of the contractor.

2.35 Whenever stocks get reduced, the contractor shall make arrangement for cutting

/ digging of embedded cargo and loading of embedded cargo at his own cost. In case the contractor fails to do so, SAIL will deploy equipment from other sources to complete the job and recover this cost from the running bill/security deposit of the contractor.

2.36 The contractor will undertake the work as per port, CHD (Cargo Handling

Division), dock safety rules /regulations, Andhra Pradesh Pollution

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Control/Central Pollution Control Rules/Laws for Air/Water, Labour Laws, Provident Fund Rules etc and shall be responsible for fulfilling all requirements by such authorities including obtaining necessary clearances / permissions for the work.

2.37 The contractor shall keep himself abreast of and shall thoroughly be conversant

and knowledgeable to ensure proper and correct documentation with reference to shipping practices and the Rules and Regulations of Port Trust, Custom, Steamer Agent, Railway and other agencies.

2.38 The contractor shall be deemed to have assumed all the responsibilities of the

Company fully for the proper execution of the entire work soon after receipt of information in writing from SAIL about the anticipated arrival of the ships at the port.

2.39 The contractor shall be responsible to maintain the requisite records and registers

as prescribed by the Company from time to time. The representative of the Company shall have free access to inspect these records at any time at the Contractor’s premises.

2.40 The contractor shall furnish any information required by the Company from time

to time and submit periodical report as per the Proforma prescribed by SAIL. 2.41 The contractor shall undertake and execute the work as per directions and to the

utmost satisfaction of SAIL. 2.42 The contractor should have a well organized establishment in the port area for

proper administration/control, supervision over the operations/and to the utmost satisfaction of SAIL.

2.43 The manpower requirements for efficient supervision and execution of on-shore

and on board jobs shall be maintained by the contractor without fail. The contractor should at all times have a well organized establishment with skilled and experienced staff in the Port area for proper administration/control, supervison over the operations/equipment/ staff employed etc.

2.44 The contractor shall also inspect the stacking area earmarked by port for coking

coal/non coking coal, SAIL stockyard, its layout siding facilities and other logistics, lighting, availability of water etc.

2.45 Obtaining License/Road permits/Test certificate, etc. from competent

authority/Port trust etc. for the equipment like cranes/dumpers/pay loaders etc. employed for the above operations will be the responsibility of the contractor.

2.46 The contractor shall obtain/keep the test certificates with respect of lifting

arrangements like grabs, wire ropes, cantilever booms, and others if any, from the competent authority authorized by Inspector of Dock Safety.

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2.47 No claim for any damage/demurrage/detention/idle charges for transportation,equipment,labour and other enabling facilities organized by the contractor in connection with stevedoring, handling and transportation operation shall be payable to the contractor under any circumstances whatsoever.

2.48 Contractor shall be required to mobilize enough tankers to transport water for

sprinkling on the surface and coking coal/noncoking coal plot for controlling air pollution to the satisfaction of the Company/Port authorities. The list of the tankers deployed for this purpose is to be indicated by the contractor every month.

The contractor shall be required to maintain an office, store and rest room for his

workmen near the berth. Rent and other charges, payable to Port if any, in this respect shall be borne by the contractor. The Contractor shall keep responsible and experienced authorized representative in the yard on a whole time basis to supervise the work and to take directions from time to time from Company's staff.

3.0 SUBMISSION OF REPORTS & RETURNS: 3.1 The contractor shall furnish various reports/statements/returns by Fax, Email etc.

as prescribed by the company from time to time. The contractor shall report the day to day activities to the following:

Report over phone to Branch Manager, Executive I/c. on Coal Imports operations at 7.00 am.

Submission of daily reports to Branch Manager and Executive I/c. on Coal Imports operations at 9.00 a.m.

Submission of Daily reports of discharge operation, Dispatch Advice, Details of wagons loaded etc. (fax/email), duly signed by all concerned to the Coal Imports cell by 09.30 a.m.

Any other report as and when required shall be prepared and submitted by the contractor on time which shall be treated as part of contractor’s job.

No additional payment will be made for the above reports and returns.

3.2 The Contractor shall abide by all instructions and directions issued to him by the

Company’s authorized representative. 3.3 The contractor must understand port working condition thoroughly before

quoting the rate. In case port/SAIL asks the contractor to work overtime, the same shall be complied without any payment. Such instructions will be given only verbally/over phone. In case the same is not complied with, penalty will be imposed for loss of time as per penalty clause no. 13.0 of Terms and conditions of contract.

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4.0 LIABILITIES OF THE CONTRACTOR: 4.1 The cost of any materials belonging to the company, lost by the contractor or

any damage caused to such materials while in his care and custody will be recoverable from the contractor. The contractor shall make necessary arrangement within/outside port premises at his own cost with due permission from Port authorities to ensure safety and security of the material. In the event of any loss/ damage to cargo, the recovery shall be made from the contractor as assessed by the Regional Manager/Branch Manager, which shall be final and binding on the contractor.

4.2 The Contractor’s personnel are liable to be searched by the contractor/his men

for security reasons while entering/leaving or during their presence inside SAIL’s premises. In case of loss/damage caused to SAIL’s property, the contractor shall be liable to pay the same to SAIL or else it would be recoverable from the bills of the contractor.

4.3 The contractor shall fully indemnity the company, against all claims for damages

and demands preferred against the company by third parties in respect of injuries and/or death caused to third persons and also for loss or damage to company’s or third party’s properties caused by vehicles, mechanical appliances employed by the contractor and/or by his employees. The company shall be entitled to recover from the Security Deposit or the bills the contractor any such amount, which may be decreed against the company for such damage or injuries, and in respect of company’s properties such amount as may be determined by Regional Manager/Branch Manager.

4.4 The contractor shall discharge and abide by all instructions and directions issued

to him by the Regional Manager/Branch Manager or his authorized representative in respect of the execution of the contract.

4.5 The contractor shall, within a fortnight of the date of work order, issue identity

card to all the labour engaged by him/them with photographs duly attached with such identity cards in attested by authorized representative of the contractor and forward Xerox copies of identity cards issued to the labour to the company immediately thereafter

4.6 The contractor shall have to provide for all necessary safety equipments such as

helmets, gloves, boots etc. to all his personnel including to the labour engaged by him. However, Personal Protective Equipments(PPE) if not provided by the contractors to their contract labours, as and when need, SAIL shall have the option to provide the same to the labours and the expenses incurred shall be recovered from the bills of the contractors. The Company is not obliged to provide the contractor with any equipment for handling the different types of materials and the contractor should employ his own equipment and manual labour for the same.

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4.7 In the event of the contractors’ failure or default to provide sufficient equipments and timely labour at any time to do any of the jobs entrusted with under the contract or in the event of the contractor unilaterally terminating the contract, the company shall have the right to get the work done by employing another agency and all charges and expenses incurred by the Company in this behalf shall be recovered from the contractor either from his bills or from any other amount payable to the contractor either under this contract or any other contract.

4.8 The fines and penalties, if any, imposed on company and/or contractor due to

contractor’s infringement or non-observance of or non-compliance with the rules framed by Government (Central or State) Local/Statutory Bodies shall be borne by the contractor.

4.9 The contractor shall be solely responsible for any injury/damage that may be

caused to his personnel, equipment etc employed by him to any rolling stock/property of the railway/ property of port/ property of the company or any injury/death caused to the visitors/customers/employees of the company/port etc. The contractor should provide full medical treatment to his staff and labour. In case of accidents on duty, the company shall in no manner be liable to the contractor or any member of his staff or any other person for injuries or death caused as a result of accidents either within or outside the working premises in the course of work and/or arising out of work. The contractor shall be responsible for such contingencies and will make good all claims for compensation, claimed by his labour or staff or as decided by appropriate authority/tribunal or other involved persons and discharge as the case may be under Workmen’s Compensation Act and other relevant laws of the land. He shall also, indemnify the company & discharge all sums that may be awarded in respect of claims for compensation arising out of consequent to any staff or labour working under him or any other involved persons pursuant to the provisions of the Workmen Compensation Act (VIII of 1923 and XV of 1933) or any subsequent modification or amendment to the act thereof. All costs incurred in connection with any such claim should be made good by the contractor and the company reserves the right to pay in the first instance such amount of compensation that is payable under the said act and to recover the amount paid from the contractor by deduction from his bills, security deposits or otherwise.

4.10 Contractor shall obtain a third party insurance for the purpose of compensating

any person(s) for any injury, death, partial/total disability that any person/persons may suffer during handling operations within the premises of the stockyard (working premises). It shall be the responsibility of the contractor to ensure that payments of insurance premium are made regularly and to keep the policies valid during that period of contract. However, the contractor will continue to the bound by the provisions of the workmen’s compensation act and/other statutes relating to this, as may be applicable and the above insurance shall in no manner whatsoever dilute his statutory responsibilities/obligations.

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4.11 The contractor shall carry out, perform and observe the provisions of Shops & Establishment Act, Workmen’s Compensation Act, Contract Labour(Regulation & Abolition)Act, Employees Provident Funds & Miscellaneous Provisions Act.1952,ESI Act 1948 or other enactment passed by the Parliament or State Legislatures and the rules made there under by the appropriate Government(s) in any way affecting the labour employed by the Contractor(s) The Contractor shall indemnify the company against any liability that may be imposed by law or by Government for non-observance of any of the Act or Contract Labour(Regulation & Abolition)Act 1971,Employees Provident Fund & Miscellaneous Provisions Act,1952 or any other enactment passed by Parliament or State Legislature applicable to the labourers employed by the contractor.

4.12 In the event of any amount being adjusted against the security deposit, the

contractor shall immediately thereafter make good the amount so adjusted and on the contractor’s failure to do so, within the time prescribed by the company, the company shall have the option to terminate the contract.

4.13 Whenever the contract expires and/or is terminated, the contractor shall be

required to pay to his labourers retrenchment benefits in terms of clauses 25(F) of the Industrial Dispute Act, 1947 and submit necessary documents towards such payment to the company in support of the same. Any deposit that may be lying with the company to his credit is liable to be utilized for such purpose if he fails to make such payments. His final payment is also liable to be with held till such time all the above requirements are not met by in full.

5.0 SECURITY DEPOSIT AND ITS FORFEITURE: 5.1 The Earnest Money Deposit of Rs. 1,50,000/- (Rs one lakh fifty thousand only)

furnished by the successful tenderer at the time of tendering will be converted into security deposit. The contractor is required under the terms of this contract to furnish Security deposit (SD) in accordance with Clause 15 of the Instructions to Tenderer for due performance of the contract.

5.2 The Security Deposit is liable to be forfeited or appropriated towards any loss

and may be sustained by the Company as a result of any act or omission on the part of the contractor.

5.3 The Security Deposit will be refunded to the contractor on expiry/due

termination of the contract on production by him of “NO CLAIM CERTIFICATE” to the effect that no other claim by any agency is pending with the contractor or with the company in connection with the jobs performed by the contractor under this contract. Before release of the SD the contractor shall also submit a certificate to the effect that he has no claim (s) against the company under this contract. However, if any of the bills submitted by the contractor for works done/obligations discharged as per the contract remains pending at the time of furnishing the above certificate, the certificate may be furnished in the following manner:

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“I/We hereby certify that there are no claims against Steel Authority of India Limited under the Contract No._________________________________________for the work_______________________________________________________________except to the extent of the claims preferred by me/us as per the bills mentioned hereinafter”

5.4 No claims shall lie against the company for any depreciation in the value of any

investment in which the Security deposit or any portion thereof may be invested. No Interest shall be payable on such deposit.

5.5 In the event of any breach of any of the terms and conditions of the contract, the

company shall have(without prejudice to other rights and remedies)the right (1) to suspend further allocation of work to the contractor and(ii) to forfeit the SD furnished by the contractor (iii) to appropriate the SD or any part thereof towards the satisfaction of any sum due for any damages, losses,charges,expenses or costs that may be suffered or incurred by the company due to the contractor’s negligence or unsatisfactory performance of any service under the contract decision of the GM/DGM/RM/BM in respect of such damages,losses,charges, cost or expenses shall be final and binding on the contractor.

5.6 In the event of the SD being insufficient or if the SD has been wholly forfeited,

the balance of the total sum recoverable as the case may be shall be deducted form any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with the company. Should the sum also be not sufficient to cover the full amount recoverable, contractor shall pay to the company on demand the remaining balance due.

5.7 Whenever the SD fall short of the specified amount, the contractor shall make

good the deficit so that the total amount of SD shall not at any time be less than such specified amount.

5.8 In the event of any amount being adjusted against the security deposit the

contractor shall immediately thereafter make good the amount so adjusted and on the contractor’s failure to do so, within the time described by the Company, the Company shall have the option to terminate the contract.

6.0 ASSIGNMENT AND SUB-LETTING: 6.1 The contractor shall not assign or transfer the contract or any part thereof for any

benefit or interest therein or there under (other than a charge in favour of the contractor's Bankers of any money due to or become due under this contract) without the prior written consent of the Company.

6.2 The contractor shall not sublet the whole or part of the work where otherwise

provided by the contract and even then only with prior written consent of the Company and such consent, if given, shall not relieve the contractor from any liability or obligation under the contract and he shall be responsible for the acts,

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defaults and neglects of any sub-contractor, his agent, servants or workmen, as fully as if they were the acts, defaults or neglects of the contractor, his agent, servants or workmen.

6.3 In the event of the contractor contravening the above conditions the Company

shall be entitled to place the contract elsewhere on the contractor’s account and at his risk and the contractor shall be liable for any loss or damage which the Company may sustain in consequences or arising out of such placing of the contract.

7.0 TENURE OF CONTRACT: 7.1 Tenure of the contract shall be for a period of 2 (Two) years from the effective

date, which will be the date of commencement of the work as mentioned in the Work Order/ Agreement. The company shall have right to extend the contract period by ONE YEAR on the same terms and conditions and contractor shall be bound to carry out the work during period of extension without any reservation.

7.2 The company shall have the right to terminate the contract at any time during the currency of the contract (both during initial period and extended period) by giving 90 days notice in writing without assigning any reason whatsoever and without payment of any compensation.

7.3 In the event of contractor’s failure to discharge duties/contractual obligation strictly in the manner stipulated in the contract, the Company shall have right to terminate the contract after giving 30 days notice to cure the breach. In the event of his failure to do so, company can terminate the contract and forfeit Security Deposit and PG bond in addition to recovery of statutory dues. The decision of the company as to failure of the contractor to discharge his/their obligations strictly under the Contract shall be final and binding up on the contractor.

8.0 RATES PAYABLE AND ESCALATION: 8.1 By submitting a quotation, the contractor shall be deemed to have fully

familiarized himself with all operations and requisite data in connection with the contract. After the tender is accepted, no claim will be entertained for enhancement of the rate or otherwise on account of the work involved on any ground whatsoever.

8.2 The rate quoted by Tenderer shall include all Taxes, duties, statutory levy other than “Service Tax” imposed by statutory authority. SAIL shall pay up “Service Tax” on raising bill by the contractor (if payable). The contractor shall be required to deposit the service Tax immediately on payment by SAIL and the proof of deposit of service tax to statutory authority has to be produced by the contractor before payment of next bill failing which payment to the contractor shall be stopped forthwith.

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8.3 However, the Company shall, periodically revise the rates applicable to major operations, namely stevedoring, shore clearance, transportation, stacking and wagon loading [Item No 1 (a),2 and 3 of schedule 1 of Rates for Coking Coal/ Non Coking Coal]. Operations other than these would not be considered for escalation consequent on changes in the price indices in the manner described in the succeeding sub-clause.

8.4 The rates quoted in the Schedule of Operation & Rates annexed here to for various items as mentioned above, will be deemed to comprise of various components as follows:

Composition of the rates & weightage of various components of work involved

Components Stevedoring Shore clearance, trans- Wagon loading portation, Stacking

Labour 45 10 10 Labour piece rate 30 nil nil Fuel nil 25 15 Overheads 10 50 60 Profit 15 15 15 Total: 100 100 100

The rates mentioned in the Schedule for various operations will be broken up accordingly into various components as above for the purpose of determination of escalation or adjustment of rates.

8.5 The component relating to profit will not be subject to any escalation or

adjustment during the tenure of the contract.

8.6. The Contractor will be deemed to have quoted with reference to base indices as below:

i) Fuel charges:

The minimum retail selling price of diesel 15 (fifteen) days prior to the closing date of receipt to tenders, at the nearest petrol/diesel filling station run by or authorized by the Indian Oil Corporation or other PSU oil producers will be taken as base price.

ii) Overheads: The applicable index No. will be the one applicable to machinery and machine tools and transport equipment and parts on a simple average

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basis to determine the applicable indices for escalation on account of overheads. Further applicable indices would be on en month/end year table of RBI index applicable to the month in which 60th day prior to closing date of receipt of tender falls.

iii) Labour:

a) The labour for the purpose of this provision shall include the unskilled labour employed by the contractor. Minimum or statutory wages for such labours applicable in the concerned area prevailing 60 days prior to closing date of receipt of tender. As regards element of salaries, wages and other expenses of the operators and supervisors of the dozer,pay-loader,etc. the same has been taken under the component of overhead. b) Escalation in rates under labour as indicated above shall be applicable only for such operations where CHD labours are to be engaged as per Port rules. No escalation shall be allowed in rates under labour for such operation indicated in the schedule of rates where other than Port labour is engaged. For such of the operations to be executed in this contract, where Port workmen only are to be deployed the tenderer shall specify details of port workmen to be deployed in a gang as per norms of Port Vizag on the opening date of tender and also corresponding respective elements of (a) Wages, (b) Piece Rate, if any, (c) DA, (d) Applicable levies. No escalation will be given for other components of wages.

iv ) For the purpose of calculations of variation under labour the increase / decrease in total cost of CHD workmen deployed in each gang per operation shall be taken into account and the percentage of increase / decrease will be calculated with reference to the costs of the gang for each operation indicated by the tenderer on date of opening of tender Such percentage of increase / decrease shall be applicable for calculation of variation in rates under labour as per formula given at clause 8.4.

v ) Increase / decrease in applicable CHD wages, variable D.A and

Appropriate Levies of CHD workmen to be deployed in a gang as per CHD norms shall be determined on CHD wages variable D.A. and appropriate CHD levies prevailing on due date of escalation and six months thereafter. CHD norms or composition of CHD workmen in a gang for each operation prevailing on date of receipt of tender shall however remain firm as indicated above.

8.7 As regard to other operations mentioned in the Schedule of Rates and also for operations done by the Port, no escalation/adjustment in rates will be allowed.

8.8 All overtime payments of Port Trust/Customs/Shed opening and closing charges

of Port Trust, custom duty, Railway Freight, siding charges and haulage charges, Port charges and other statutory charges will be made by the company.

9.0 Escalation/adjustment

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9.1 The base diesel price will be taken as the price prevailing as on 15 days prior to

the closing date of receipt of the tender. 25% of the rate quoted in the tender will be construed as the fuel element for Shore clearance, transportation and stacking and 15% on wagon loading in the overall rate. The Escalation / de-escalation will be provided after completion of 12 months from the date of work order. The fuel rate on date of escalation will be (Base rate of fuel 15 days prior to the date of tender opening + fuel rate on date of escalation/2), 25% of the increase/decrease will be taken for Shore Clearance, Transportation and Stacking and 15 % for Wagon loading for escalation /de-escalation. (For Example if the average diesel price goes up by 20% from the base rate, the escalation will be 5% on the total rate quoted for Shore clearance, Transportation and Stacking and for Wagon loading 3% respectively. The escalation to be done on Annual basis and calculation to be done by contractor and submit along with the bill as supporting document. However for the 1st twelve months no escalation will be allowed.

The rates will be revised after every 12 months from the date of work order based on the index as reflected in documents from relevant sources including Reserve Bank of India Bulletin prevailing 60 days prior to completion of 12 months period. There will be no escalation in the first year of operations.

9.2 Escalation or adjustment of rates in respect of the component relating to

‘overheads’ will, however, be calculated with reference to 60% of the amount of component mentioned at cl. 8.0 above.

9.3 Adjustment in rates will involve both upward and downward revision depending

on the fluctuation in the indices. 9.4 Escalation or adjustments in the rates would always be made with reference to

Base Indices as indicated in the Tender documents at clause above only and not with reference to indices on the date of the previous revision, if any, of the rates.

9.5 The applicable labour rate for the purpose of escalation will be the requisite

order/directive from the concerned office of the Labour Commissioner/Asstt.Labour Commissioner. The component in respect of overheads will be taken from the Reserve Bank of India Bulletin.

10.0 PERMISSIBLE SHORTAGE AND PAYMENT OF BILLS: 10.1 Existing stock in the books of the company has to be taken over by the new

contractor and no claim regarding shortage in this regard will be acceptable. 10.2 During the entire course of handling operations, from the time of discharge of

cargo from the vessel till finally loading into Railway wagons and securing RRs from port railway, the entire cargo is deemed to be in the care and custody of the contractor and the contractor is liable for correct accounting thereof. For the purpose of taking in to account receipt of material, draft survey weight at discharge port shall be final. For accounting of dispatch weight the appropriate

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basis shall be (a) for Box ‘N’ wagons DA weight as stipulated by company from time to time; (b) in the case of all other wagons it should be chargeable weight as stipulated by Railways from time to time.

10.3 The total permissible shortage for the entire operation from receipt till dispatches

to the steel plant in respect of Coking/Non-coking coal will be 2% and for metallurgical coke permissible shortage will be 0.5%. The permissible shortage will be calculated based on the draft survey quantity in respect of discharge for each vessel.

10.4 In case shortage beyond 2% for coal and 0.50% for coke, the contractor will be

liable for shortage and recovery of cost of the material will be made from their bills on the basis of landed prices of the cargo. For this purpose, periodic stock verification once in three month will be done by the company with the help of the surveyor. The report of the surveyor will be final in this respect and binding on the contractor.

10.5 The payment for stevedoring of coastal vessels will be done based on BL (Bill of

Lading) quantity. 10.6 Upon completion of the contract, stock verification shall be done by an

independent surveyor. The findings of the independent surveyor shall be binding on both the parties. In case of any shortage beyond permissible limits, the cost of materials shall be recovered from the contractor’s bill/security deposit/BG etc. However, in case of any excess, the company shall instruct the contractor to load the cargo on the wagons/shift the same to other location(s) without any extra payment.

11.0 PENALTY CLAUSE: 11.1 In case of failure on part of the contractor to achieve and maintain the Discharge rate as per clause 6.0 of Instruction to Tenderers (Chapter-II), the following shall be the applicable penalty:

The guaranteed discharge rate of the vessels is as per clause no 6.0 of Instructions to Tenderers. For calculating time consumed by contractor, loss of time on account of rain, crane/grab repair, shifting of vessel etc. for which contractor can not be held responsible, will be deducted from total time used by the contractor. While evaluating the performance, loss of time not attributed to the contractor will be given due consideration. For the purpose of evaluation of penalty, demurrage rate of vessels will be Rs.10, 00,000/- per day or prorate if less.

11.2 Trimming of cargo inside the vessel holds should be carried out to the satisfaction of the Master of the vessel using mechanical means like Poclain, etc. 11.3 Any time lost due to stoppage of work by Port Authorities/SAIL official because

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of non-clearance of cargo from shore either due to inadequate equipment/ dumpers or for any other reasons, which is attributed to contractor, shall be to the account of contractor. Such time loss/ delays shall be treated as loss to the company and the company reserves the right to recover the cost of the vessel’s holding time from the contractor. In case Port authority imposes any penalty for non-clearance of cargo or not adhering operational norms set by Port authorities, such penalty amount shall be recovered from the contractor. In case vessel is shifted by port due to poor performance of the contractor, shifting charges as well as vessel demurrage suffered by SAIL would be recovered from the contractor subject to a maximum limit of Rupees 10,00,000/- (Ten Lakh) per vessel. Decision of SAIL in this regard shall be final and binding on the contractor.

12.0 PAYMENT OF CONTRACTOR’S BILLS:

The contractor will submit bills in 3 copies as and when dispatch is completed relating to one vessel. The payment will be made to them in the following manner.

12.1 Discharge port draft survey weight less 2% will be considered as “Payable

Weight” in respect of quantity discharged/removed, transported to storage yard and eventually loaded into wagons in case of coking coal/non coking coal. In case of coke the permissible shortage shall be restricted to 0.5%

12.2 The vessel wise bills for handling charges shall be prepared by the Contractor in

triplicate on the basis of the annexed schedule of rates for the actual operations performed and in the manner prescribed by the Company. The bill should be submitted vessel wise along with “no damage” certificate from the Master of the vessel after completion of dispatch from the particular vessel. The Company shall endeavor to release payment against such bills a) within 30 days of receipt each bill along with the requisite documents, i.e. copy of the draft survey report and ii) and DA copy along with the consolidated statement indicating the wagon No. and dispatch quantity.

12.3 Where any equipment/services are hired by the company from outside agencies

due to failure of the contractor in executing the job under this contract, actual hire charges thereof shall be recovered from him. Any damages/detentions etc. to such hired equipment/services of the same shall also be borne by the contractor.

12.4 Company will withhold 10% of bill amount, submitted during the month, for

fulfillment of Provident formalities. The same will be released once proofs of payment of PF dues are submitted to the Company.

12.5 A separate bill is to be submitted for escalation bill on 6 (six) monthly basis. 13.0 OTHER PENALTY:

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13.1 Over time working: The contractor may be asked to work over time during discharge of cargo from vessel without any additional cost to SAIL towards labour cost, etc. Instruction for this will be given by SAIL official over phone/in writing as the case may be. In case the contractor refuses to work over time, the same will be treated as loss to SAIL and recovery will be made as above.

13.2 In case of any complaint from the receiving Steel Plant about mixing of

special/trial cargo with other cargo, company reserves the right to recover the costs for all losses suffered by the company.

13.3 If the successful tenderer fails to do water sprinkling, as and when required, to

the satisfaction of the Port Trust, the company shall entrust the job to other agencies. No claim from the successful tenderer in such instances will be entertained. In the event of such an instance, any additional costs incurred by the company will be recovered from the successful tenderer.

14.0 GENERAL: 14.1 The company also reserves the right to apportion the work and award the same

either simultaneously or at any time during its currency, to one or more contractors as it may deem fit. The Company may call fresh tenders for appointing contractors for the un-apportioned work.

14.2 The company also reserves the right of availing the services of other specialized

agencies for the services referred to in this contract to meet an emergency if the RM or his representative, whose decision shall be final, is satisfied that the contractor is not in a position to render specific service within the period in which such services are required.

14.3 The mere mention of any item or work in the contract does not by itself

confer the right upon the contractor to demand that item of work at all times. 14.4Upon any default by the contractor in the observance or performance of work under

the contract, the company may without notice and without prejudice to any other right, recover the amount(s) and appropriate from the security deposit and or the performance guarantee bond towards the settlement of the consequential loss or damage. The company gives no guarantee about the definite volume of work to be

entrusted with the contractor at any time or even throughout the tenure of the contract. 14.5The contractor shall not use the services of any of the employees of the company

directly or indirectly, or enter into any sort of monetary transactions with the employees of the company. If any bribe, gift or advantage is given or offered by the or on behalf of the contractor, or his partners, agents or relatives for showing or agreeing to show favour or disfavor to any person in relation to this contract shall result in the cancellation of the contract. The company shall recover all losses or damages resulting form such cancellation of the contract.

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14.6In the event of contractor’s failure to executive the work under the contract to the satisfaction of the company, the company shall put the contractor to notice calling upon him to execute/complete the work strictly in terms of the contract within the time stipulated in the said notice and upon the contractor’s failure to comply with the same within the prescribed time despite notice, the company shall be entitled to terminate the contract and/or off-load the work or items of work so defaulted to any other contractor at contractor’s risk and costs. The contract shall immediately pay to the company the differential, if any, in the costs and expenses so incurred by the company within the time prescribed by the company, failing which the company shall recover and appropriate from any amount payable to the contractor either under this contract, or any other contract without any reference to the contractor.

14.7On termination of the contract for any reason whatsoever the contractor will have to

hand over all company’s property and documents including the railway receipts/Gate passes etc. to the Branch Manager/ or his Authorized Representative and obtain a clearance certificate from him before the security deposit can be claim and /or the performance guarantee bond is returned/discharged.

14.8The contractor shall be required to abide by the Standard Operating Procedures

(SOPs) in line with the ISO requirement as directed by the Company from time. 15.0 BANNING OF BUSINESS DEALINGS: 15.1 SAIL reserves its right to remove from the list of approved handling

contractors/or to ban business dealings if the contractor is found to have committed misconduct as also to suspend business dealings pending investigations. Further, in case the contractor, his partner, member, servant, labour, agent, representative and/or any person working for and on behalf of the contractor is found involved in any un-authorised, or wrongful removal of material not sold, or in any attempt for such removal, this shall amount to breach of contract as well as misconduct caused by the contractor and company shall be entitled to forfeit the entire security deposit and any other amounts, money or material that may be lying with SAIL at the risk and cost of the contractor in addition to banning of the business dealings as mentioned above.

15.2 The contractor shall be further liable for all the losses that might be caused to

SAIL on account of any of the Breach of Contract and/or misconduct as stated above.

15.3 The decision of the Chief Executive of the Central Marketing Organisation,

Steel Authority of India Ltd., will be final and binding on the contractor on all such cases.

15.4 The expression, the Chief Executive of the Central Marketing Organisation,

Steel Authority of India Ltd., means the Director (Commercial) or any other person delegated to exercise the authority and the power of the Director (Commercial) due to his absence on duty or due to his non-availability for any other reason whatsoever.

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15.5 Notwithstanding anything contained in clause 14.0 of the terms and conditions

of contract, the Company shall reserve its right to terminate / short-close the contract summarily in case on inquiry it is found that the contractor has committed misconduct/malpractice in connection with the present contract. In that event, the company shall reserve its right to suspend business dealings in relation to other contracts also.

15.6 In case it is found on inquiry that the contractor has committed

malpractice/misconduct, the company shall have the right to suspend business dealings forthwith and as a result the contract shall stand terminated / short-closed with immediate effect.

16.0 FORCE MAJEURE CLAUSE. 16.1 Nothing in this contract shall be construed as a failure or breach of the contract

either on the part of the company or the contractor, if either of them or both are prevented from discharging their obligations under this contract by reason of arrest, restraints by Govt.,blockades, revolutions, insurrection, mobilizations, civil commotions, riots accidents, destructions of properties/assets by fire,flood,tempest,earthquake or any other natural calamities or on account of any other cause or causes beyond the control of the parties to the contract.

16.2 On the occurrence any of the force majeure conditions, as referred above, the

party concerned shall notify the other party in writing of such occurrence as soon as possible, but within 48 hours of the occurrence stating therein:-

a) The date of commencement of such force majeure condition, b) The anticipated duration of such force majeure condition(If

such duration can be estimated) and c) The nature of such force majeure condition.

16.3 The disabled party and the remaining party shall employ all reasonable means to

reduce the consequence of such force majeure disability and shall employ all reasonable means to terminate the same.

17.0 RESOLUTION OF DISPUTES: In the event of any dispute, differences whatsoever arising between the parties

relating to or arising out of the contract, the parties shall endeavour to resolve such dispute through conciliation in term of the Arbitration and Conciliation Act 1996 and rules made thereunder.

17.1 Any dispute or difference whatsoever arising between the parties relating to or

arising out of contract, shall be settled first by conciliation as aforesaid; and the settlement so rendered between the parties in pursuance thereof shall be final and binding on the parties.

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17.2 ARBITRATION : In the event the dispute/difference is not resolved through conciliation as per the

provisions of Clause 17.0 & clause 17.1 above, either party may refer the dispute to Arbitration in the manner detailed hereunder:

17.3 SOLE ARBITRATOR : a) All questions, claims , disputes or differences of any kind whatsoever arising

out of or in connection with or concerning this contract at any time whether before or after determination of this contract ( except as to any matters the decision of which is specially provided for in the conditions referred to above), shall be referred by the parties hereto for the decision by a sole Arbitrator to be appointed as hereinafter mentioned.

b) The notice regarding invoking of the Arbitration Clause shall be served by

registered post and addressed to the Chief Executive of Central Marketing Organisation, Steel Authority of India Ltd., Ispat Bhavan, Lodi Road, New Delhi.

c) Matters in question, disputes, claims or differences in respect of this contract to

be submitted to Arbitration as aforesaid shall be referred for decision to a Sole Arbitrator to be appointed by the Chief Executive of Central Marketing Organisation, Steel Authority of India Ltd., ( by whatever name he may be designated at the relevant time). However, before appointing the Sole Arbitrator, the Chief Executive of Central Marketing Organisation, Steel Authority of India Ltd., shall notify to the contractor three names out of which one can be appointed as the Sole Arbitrator with the consent of the both parties, failing which after 15 days of the issuance of letter informing three name by the Chief Executive, the Chief Executive shall have the power to appoint one of the person out of three so notified as the Sole Arbitrator.

d) In the clause, the expression the Chief Executive of the Central Marketing

Organisation, Steel Authority of India Ltd., means the Director (Commercial) are any other person delegated to exercise the authorities and the power of the Director (Commercial) due to his absence from the duty or due to non availability for any reason whatsoever.

e) The Arbitrator, so appointed shall adjudicate upon all disputed between the

parties hereto. f) The Sole Arbitrator appointed as stated above shall from time to time of his

appointment and throughout the arbitral proceedings, without delay disclose to the parties in writing any circumstances likely to view rise to justifiable doubts as to his independence or impartiality. The Arbitrator shall decide the questions, claims , disputes or differences submitted to him by the parties in accordance with the substantive law for the time being enforced in India.

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17.4 General Terms of Arbitration : a) The venue of the Arbitration shall be the place where the contract is or at

Kolkota being the Headquarters of the Central Marketing Organisation of the Company. The venue of Arbitration shall be convenient to both the parties to the Arbitration.

b) Work under the contract shall be continued by the Contractor under the contract

and pending Conciliation / Arbitration proceedings and recourse to Conciliation / Arbitration shall not be bar to continue with the work.

c) The Court at Visakhapatnam shall have jurisdiction over all matter of dispute. d) Work / Supply under the contract shall be continued by the Contractor / Supplier

under the contract and pending Conciliation / Arbitration proceedings and recourse to Conciliating / Arbitrations shall not be bar to continue with the work /supply.

18.0 DISPUTES, DIFFERENCES CONCERNING PSE’s INTER-SE AND

BETWEEN A PSE AND GOVT.DEPARTMENT. 18.1 All commercial disputes(except taxation) between Public Sector Enterprises

(PSE) and Govt.Departments, and PSE’s inter se would have to be referred to the Permanent Machinery or Arbitrators as set up in the Department of Public Enterprises in terms of office Memorandum No.5/5/933-PMA of Govt. of India Ministry of Industry, Department of Public Enterprises dated 30th June,1993.

19.0 WAIVER

Failure to enforce any or all the condition(s), herein contained shall not operate as waiver of the condition itself in any subsequent breach thereof.

19.1 The contractor must ensure that sufficient drinking water is available at all times.

In case of any failure or breakdown in supply of water by state authorities, it shall be the responsibility of the contractor for arranging potable water. The contractor shall make adequate arrangement for cleanliness and routine upkeep of the rest room, canteens, urinals, latrines etc. meant for the use of his contract labour.

19.2 The contractor shall furnish the company before the commencement of the work

a list of workers employed by him with their respective daily rates of wages and the dates of disbursement as also the date of their engagement along with a statement if they are members of the recognized provident fund to enable the principal employer to check up whether the contractor discharges his obligations u/s 21 of the contract labour act and its Rules.

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19.3 The contractor shall also furnish to the company a list of his labours and the number of days actually deployed in the coal-yard. Such list will have to be furnished for every month during the first week of the subsequent month.

19.4 The contractor shall be responsible for safety of the labour engaged by him. The

contractor shall abide by the special clause for safety as enumerated in the contract labour (Regulation and Abolition) Act.1970.All accidents at site are to be immediately reported to the required authority. The contractor shall ensure that all such accidents, however and wherever occurring within the premises are reported without delay to SAIL.

19.5 The contractor shall pay his labourers(male or female)minimum wages

prescribed under the Minimum wages Act 1948,or such minimum wages as may be prescribed from time to time by the central government or by the appropriate state government in the sate where the contractor works.

19.6 Where any accident causing disablement or death occurs, the contractor shall be

liable for such injury or death caused as a result of such accident either within or outside the premises in the course of work. The contractor shall be responsible for such contingencies and will make good all claims for compensation, claimed by his labour or staff or others and as adjudicated by the tribunal/commissioner of workman’s compensation and/or other authority, as the case may be, under Workmen’s compensation Act 1923 and other relevant laws of the land. He shall also indemnify the company and pay all such sums as may be awarded in respect of claims for compensation arising out of or in consequence to any accident to any staff or labour working under him pursuant to the provision of the Workmen’s compensation Act 1923 or any subsequent modification or amendments to the act thereof. All costs incurred in connection with any such claims shall be made good by the contractor and the company reserves the right to recover the same form any amount payable to the contractor wither under this contract or any other contract. The company shall also have the right to pay in the first instance, if so called upon by the statutory or judicial authority to pay such amount of compensation as is payable under the said act or any other act/rules and to recover the amount so paid from the contractor by deduction from his bills, security deposit or other dues either under this contract or any other contract.

20.0 LIQUIDATD DAMAGES: The contractor shall utilize sufficient number of required mechanical equipment

and spares to move the materials within free time and any damages/demurrages to ships or wagons, losses/charges including port rent and demurrage, expenses or costs that may be suffered or incurred by the company due to contractor’s non performance to comply with the above and due thereof shall be fully realized form the contractor from any sums due to him without any prejudice to other legal rights and remedies. The decision of the company in respect of such damages, losses, charges, costs or expenses and the recovery thereof from the contractor shall be final and binding on the contractor.

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21.0 MALPRACTICES: If the contractor is found guilty of:

a) Misappropriating, pilfering or abetting misappropriation or pilfering of company’s property or any attempt thereof, or

b) Offering illegal gratification including offering bribe, reward or advantage, etc. pecuniary benefit or otherwise to any officer or employee of the company, or

c) Indulging in any malpractice namely, but not limited to forgery, falsification or fabrication of documents, bills, vouchers, indents etc.in support of any claim against the company or reduction of any liability or in connection with the work with the company or indulging in any other act which is an offence under the provisions of the Indian Penal code or and other law for the time being in force.

The company is, without prejudice to its any other legal rights, entitled to summarily terminate the contract and forfeit the security deposit.

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DRAFT

AGREEMENT FOR STEVEDORING, SHORE CLEARENCE, TRANSPORTATION, STACKING AND WAGON LOADING OF

COKING/NON-COKING COAL AND METALLURGICAL COKE AND LOADING OF COAL VESSELS FOR COASTAL MOVEMENT AT

VISAKHAPATNAM

THIS AGREEMENT made on this ……….. day of ……………. between the Steel Authority of India Limited, a Govt. Company incorporated under the Companies Act, 1956 having its registered office at Ispat Bhavan, Lodi Road, New Delhi 110003 and also having one of its Branch Transport and Shipping Office (of its Central Marketing Organisation) amongst others at ……………… referred to hereinafter as the "Company" (which expression shall where the subject or the context so requires or admits, include its successors and assigns) of the ONE PART and M/s……………………….. a registered proprietary firm (as the case may be) having its registered office at ……………… referred to hereinafter as the "Contractor" (which expression shall, where the subject or the context so requires or admits include its successors and assigns) of the OTHER PART.

WHEREAS pursuant to the Company's advertisement inviting tenders for carrying out stevedoring, shore clearance, transportation, stacking and wagon loading of imported coking/non-coking coal and metallurgical coke at its stockyards at P.O…….Ps……..district of …… …….in the State of …………….. at Visakhapatnam Port, the contractor above named submitted its tender on……………………

AND WHEREAS the Company accepted the tender and awarded the work under the Contract vide its letter No …………………………… dated ……………...

AND WHEREAS it was considered necessary and expedient to incorporate the terms of the Agreement in an instrument in writing.

AND WHEREAS the Contractor, pursuant to the terms of the Contract has already made the full security deposit of Rs………………… (Rupees ……………… lakhs) only.

NOW THESE PRESENT WITNESSETH and it is hereby agreed to and declared by and between parties hereto as follows :- 1. In consideration of the payments to be made by the Company in terms of the

contract, the Contractor covenants and agrees with the Company to undertake the jobs of stevedoring, shore clearance, transportation, stacking and wagon loading of imported coking/non-coking coal and metallurgical coke at its stockyards at Visakhapatnam port on the terms and conditions as also in the manner required and the contractor agrees to do and conform strictly all such acts, works or jobs as are mentioned in the various annexures referred to hereunder.

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2. The various annexures set out below and hereto annexed marked as Annexure --

to --- mentioned hereunder shall constitute the contract for the purpose of construction, interpretation and effect thereof. (a) Annexure – 1 Contractor's letter dated …………… (b) Annexure – 2 Invitation to Tender (c) Annexure – 3 Instructions to Tender (d) Annexure – 4 Terms & Conditions of Contract (f) Annexure – 5 Schedule of rates (g) Annexure – 6 List of equipment (h) Annexure – 7 Proof of Registration from Statutory Authority

under Employees Provident Fund Act, 1952 (i) Annexure – 8 Licence under the Contract Labour(Regulation

& Abolition) Act 1970 (j) Annexure – 9 Letter of Intent

(k) Annexure – 10 Letter of compliance of post contract formalities as per tender terms

(j) Annexure – 11 Company's letter No……….. dated ………… awarding the contract

3. In consideration of the due performance, execution and completion of the work

strictly in terms of this agreement, the Company covenants and agrees to pay to the contractor such sum or sums as may become payable to the contractor as the agreed rates as borne out by the documents enumerated in paragraph 2(two) above.

4. The agreement shall be effective from ………….. and shall remain in force for

a period of four and half years unless terminated earlier by the Company in terms of the provisions as contained in the terms and conditions of the Contract.

5. It is agreed and declared by the parties hereto that there is no other agreement

between the parties in respect of anything said or done in connection with the said contract apart from those as are contained in these presents and the annexures referred to herein.

6. No modification or amendment of this contract shall be valid and binding upon

the parties unless the same are made in writing and are signed by the parties and termed as an 'AMENDMENT' to the Contract.

7. In case of any conflict between the terms and conditions contained in the

contract documents, the provisions contained herein shall prevail over those contained in the documents referred to in para 2 above.

IN WITNESS WHEREOF the parties hereto have executed these present on the day, month and year above written at……….. .(Name of the place)

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Signed, sealed and delivered for & on behalf Of Steel Authority of India Ltd, the Company ( For & on behalf Above named in presence of of SAIL) 1)………………………………….. 2) ……………………………….

Signed, sealed and delivered for & on behalf of M/s. ………………….. (For & on behalf the Contractor named-above in the presence of of Contractor) 1) ………………………………….. 2) …………………………………..

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STEEL AUTHORITY OF INDIA LIMITED

BRANCH TRANSPORT AND SHIPPING OFFICE HARBOUR APPROACH ROAD

VISAKHAPATNAM TENDER No.03/01/01/40 Date of opening: 21-12-2009. After 15.00 Hrs

SCHEDULE - 1 Schedule of rates for Coking Coal / Non-Coking Coal.

Item No.

Description of work Rate

1 (a).

Stevedoring of geared vessels

Rs. ---------------- Per MT ( in words ------------------------ -------------------------------------)

1 (b). Stevedoring of vessels with Harbour Mobile cranes at berths other than B.O.T. berths (HMC hire charges to VPT shall be paid directly by SAIL)

Rs. ---------------- Per MT ( in words ------------------------ -------------------------------------)

2. Shore clearance, transportation from wharf to adjacent storage space (e.g. GCB wharf to GCB storage area,WQ wharf to WQ storage area) allotted to SAIL in the port area and stacking (For geared/gearless vessels).

Rs.----------------- Per MT (in words ------------------- ------------------------------------)

3. Indenting of wagon, inspection of wagon, arrange placement of wagon, cleaning of wagon, proper loading of wagons, drawing of samples and moisture analysis of composite sample, compacting/trimming wagons at different stages of loading, obtaining RR, pasting/labeling of wagon with printed label/stickers, proper securing of wagon doors lime spray on the top surface, liaison with various agencies to ensure speedy dispatch, preparation and submissions of report and all other works incidental to clearing and forwarding of materials from the plots/sidings.

Rs, ------------------ Per MT (in words ------------------------- -------------------------------------)

4. Shore clearance, Shifting (Transportation) of cargo from GCB/WQ BIRTHS/VSPL BIRTH to East Yard dumps as well as from VSPL to jetty, vice-versa (including water sprinkling en-route for pollution control) and stacking.

Rs. ------------------ Per MT (in words ------------------------ -------------------------------------)

5 Loading of cargo into Vehicles from any stock pile of SAIL (including BOT operator),Transportation to any plot/siding/stockpile / pre-stacking area (including BOT operator) in the port area. (Including water sprinkling en-route for pollution control) and stacking.

Rs. ------------------ Per MT (in words ------------------------ -------------------------------------)

6. Supply, Covering of wagons by Tarpaulin. Rs. ---------------- Per wagon (in words ------------------------ -------------------------------------)

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1. Stevedoring includes deployment of labour, trimming of cargo by using Poclain, etc. inside the hatch / clearing rib cargo.

2. Shore clearance, transportation/shifting, stacking includes high stacking,

trimming of cargo from high stacks, cutting of embedded cargo also.

3. Wagon loading includes indenting of wagons, arrange placement of wagon, cleaning of wagons, securing the wagon door as and when required by SAIL, trimming of wagon after loading, pasting the wagon with printed label, lime spray on the top surface, sampling & moisture analysis of cargo from the wagons, arranging payment of railway freight (freight will be paid by SAIL) and obtaining Railway Receipt and submit the same to SAIL.

4. The sprinkling of water should be done to the satisfaction of the company as

well as Port authorities. This will be part of the entire job.

5. Covering wagons with tarpaulin (tarpaulin will be supplied by contractor) if required, as per instruction of company time to time. This shall be part of jobs under ITEM NO. 6.

6. Photograph of any rakes/ wagons have to be taken by the contractor as per

instruction of company from time to time. This shall be part of jobs under ITEM No. 3.

7. The tenderers are required to quote against all the items at Schedule-1.

However, rates against item –1 (b) and 6 shall not be part of evaluation

8. The rate quoted above excludes any / all service taxes imposed by Government.

9. No guarantee is given by SAIL as to any definite volume of work that may be entrusted to the contractor during the period of contract and/or any point of time and SAIL does not accept any liability on this score.

10. All overtime payments to port/customs, customs duty, port charges for

cargo/ground rent / siding & haulage will be paid by SAIL.

11. Customs documentation including duty payment will be done by SAIL. Customs examination may have to be undertaken by the contractor for which no separate charges are payable.

12. SAIL intends to appoint two contractors for the work in line with clause

No.13.9 of Instructions to Tenderers..

13. In case cargo is discharged by the vessel, the contractor will undertake the work from the shore.

14. CALCULATION OF LOWEST RATE OF TENDER (L-1)

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The tender will be evaluated on the basis of the lowest rate quoted by the tenderer for coking/non-coking coal only. The lowest rate of the tender will be arrived at by using the formula given below for rates quoted for coking/non-coking coal (Schedule 1). No weightage will be given for evaluation of tender( lowest tenderer) for the rate obtained in respect of handling of metallurgical coke (Schedule 2) [40% x Rate of item No. 1(a) + 60% x rate of item No. 2 + 100% x rate of item No. 3 + 40 % x rate of item no 4 + 30% x rate of item no. 5]. (Rate for item no.1 (b) & 6 shall not be taken into consideration for evaluation / ranking of tender. However, rates against this item shall be negotiated with L-1 tenderer.)

The Evaluation of the tender shall be made in line with the guidelines provided against Clause no.12 of Instruction to Tenderers.

SIGNATURE OF TENDERER WITH DATE AND STAMP

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STEEL AUTHORITY OF INDIA LIMITED

BRANCH TRANSPORT AND SHIPPING OFFICE HARBOUR APPROACH ROAD

VISAKHAPATNAM TENDER No.03/01/01/40 Date of opening: 21-12-2009. After 15.00 Hrs

SCHEDULE - 2 Schedule of rates for Metallurgical Coke.

Item No. Description of work Rate 1 (a). Stevedoring of geared vessels

Rs. ---------------- Per MT ( in words ------------------------ -------------------------------------)

1 (b). Stevedoring of vessels with Harbour Mobile cranes at berths other than B.O.T. berths (HMC hire charges to VPT shall be paid directly by SAIL)

Rs. ---------------- Per MT ( in words ------------------------ -------------------------------------)

2. Shore clearance, transportation from wharf to adjacent storage space (e.g. GCB wharf to GCB storage area, WQ wharf to WQ storage area) allotted to SAIL in the port area and stacking (For geared/gearless vessels).

Rs.----------------- Per MT (in words ------------------- ------------------------------------)

3. Indenting of wagon, inspection of wagon, arrange placement of wagon, cleaning of wagon, proper loading of wagons, drawing of samples and moisture analysis of composite sample, compacting/trimming wagons at different stages of loading, obtaining RR, pasting/labeling of wagon with printed label/stickers, proper securing of wagon doors, lime spray on the top surface, liaison with various agencies to ensure speedy dispatch, preparation and submissions of report and all other works incidental to clearing and forwarding of materials from the plots/sidings.

Rs, ------------------ Per MT (in words ------------------------- -------------------------------------)

4. Shore clearance, Shifting (Transportation) of cargo from GCB/WQ BIRTHS/VSPL BIRTH to East Yard dumps as well as from VSPL to jetty, vice-versa (including water sprinkling en-route for pollution control) and stacking.

Rs. ------------------ Per MT (in words ------------------------ -------------------------------------)

5 Loading of cargo into Vehicles from any stock pile of SAIL (including BOT operator),Transportation to any plot/siding/stockpile / pre-stacking area (including BOT operator) in the port area. (Including water sprinkling en-route for pollution control) and stacking.

Rs. ------------------ Per MT (in words ------------------------ -------------------------------------)

6. Supply, Covering of wagons by Tarpaulin. Rs. ---------------- Per wagon (in words ------------------------ -------------------------------------)

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NOTE: 1. Stevedoring includes deployment of labour, trimming of cargo by using Poclain,

etc. inside the hatch/clearing rib cargo.

2. Shore clearance, transportation, stacking includes high stacking, trimming of cargo from high stacks, cutting of embedded cargo also.

3. Wagon loading includes indenting of wagons, arrange placement of wagon, cleaning of wagons, securing the wagon door as and when required by SAIL, trimming of wagon after loading, pasting the wagon with printed label, lime spray on the top surface, arranging payment of railway freight (freight will be paid by SAIL) and obtaining Railway Receipt and submit the same to SAIL.

4. The sprinkling of water should be done to the satisfaction of the company as

well as Port authorities. This will be part of the entire job.

5. Covering wagons with tarpaulin (tarpaulin will be supplied by contractor) if required, as per instruction of company time to time. This shall be part of jobs under ITEM No. 6

6. Photograph of any rakes/ wagons have to be taken by the contractor as per

instruction of company from time to time. This shall be part of jobs under Sl. No. 3.

7. The Tenderers are required to quote against all the items at Schedule-2.

However, rates against item –1 (b) & 6 shall not be part of evaluation (Refer Clause 13.0 of INSTRUCTIONS TO Tenderers).

8. The rate quoted above excludes any / all service taxes imposed by Government.

9. No guarantee is given by SAIL as to any definite volume of work that may be

entrusted to the contractor during the period of contract and/or any point of time and SAIL does not accept any liability on this score.

10. All overtime payments to port/customs, customs duty, port charges for

cargo/ground rent / siding & haulage will be paid by SAIL.

11. Customs documentation including duty payment will be done by SAIL, customs examination may have to be undertaken by the contractor for which no separate charges are payable.

12. In case cargo is discharged by the vessel, the contractor will undertake the

work from the shore. 13 No weightage will be given for rate obtained in the Schedule for calculation of

L-1 tenderer.

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14. CALCULATION OF LOWEST RATE OF TENDER (L-1) The tender will be evaluated on the basis of the lowest rate quoted by the Tenderer for coking/non-coking coal only. The lowest rate of the tender will be arrived at by using the formula given below for rates quoted for coking/non-coking coal (Schedule 1). No weightage will be given for evaluation of tender( lowest Tenderer) for the rate obtained in respect of handling of metallurgical coke (Schedule 2) Lowest Rate (L-1) of schedule2: = [40% x Rate of item No. 1(a) + 60% x rate of item No. 2 + 100% x rate of item No. 3 + 40 % x rate of item no 4 + 30% x rate of item no. 5]. (Rate for item no.1 (b) & 6 shall not be taken into consideration for evaluation / ranking of tender. However, rates against this item shall be negotiated with L-1 tenderer.)

The Evaluation of the tender shall be made in line with the guidelines provided against Clause no.12 of Instruction to Tenderers.

SIGNATURE OF TENDERER WITH DATE AND STAMP

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STEEL AUTHORITY OF INDIA LIMITED

BRANCH TRANSPORT AND SHIPPING OFFICE HARBOUR APPROACH ROAD

VISAKHAPATNAM TENDER No.03/01/01/40 Date of opening: 21-12-2009.

After 15.00 Hrs SCHEDULE – 3

Schedule of rates for Coastal loading of Coking Coal / Non-Coking Coal Vessels

Item No. Description of work Rate 1. Stevedoring of coastal vessels with Harbour

Mobile Cranes including transportation from pre stacking area/ area adjacent to berths at VPT/BOT berths. (Harbour Mobile Crane hire charges shall be paid by SAIL directly to VPT)

Rs. ------------------ Per MT (in words ------------------------ -------------------------------------)

2. Stevedoring of coastal vessels with vessel gears including transportation from pre stacking area/ area adjacent to berths at VPT/BOT berths.

Rs. ------------------ Per MT (in words ------------------------ -------------------------------------)

NOTE: 1. Stevedoring includes deployment of labour, trimming of cargo by using Poclain,

etc. inside the hatch / clearing rib cargo. 2. Any left over cargo at wharf and prestacking area after completion of coastal

loading will be transported back to the plots as per instructions of SAIL. No extra charges shall be paid for this.

3. The sprinkling of water should be done to the satisfaction of the company as

well as Port authorities. This will be part of the entire job.

4. The rate quoted above excludes any / all service taxes imposed by Government.

5. No guarantee is given by SAIL as to any definite volume of work that may be entrusted to the contractor during the period of currency of contract and/or any point of time and SAIL does not accept any liability on this score.

6. All overtime payments to port/customs, customs duty, port charges for

cargo/ground rent / siding & haulage will be paid by SAIL.

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7 Customs documentation including duty payment will be done by SAIL.

Customs examination may have to be undertaken by the contractor for which no separate charges are payable.

8. No weightage will be given for rate obtained in the Schedule for calculation of

L-1 tenderer in line with the clause no.13.4 of Instructions to Tenderers. 9. Lowest Rate (L-1) of schedule3: = (80% x Rate of item No. 1 + 20% x rate of item

No. 2).

SIGNATURE OF TENDERER WITH DATE AND STAMP

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ANNEXURE-II

INTEGRITY PACT

Steel Authority of India Limited (SAIL) hereinafter referred to as “The Principal”, and

………………………………………………..hereafter referred to as “The Bidder/ Contractor” Preamble The Principal intends to award, under laid down organizational procedures, contract/s for …………………………………………The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and/or Contractor(s). In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Section I – Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:

a. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

b. The principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

c. The Principal will exclude from the process al known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions. Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

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a. Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer promise or give to any of the Principal’s employees involved in the tender process ore the execution of the contract or to any third person any materials or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b. The Bidder/Contractor(s) will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitive ness or to introduce cartelization in the bidding process.

c. The Bidder(s)/Contractor(s) will not comment any offence under the relevant IPC/PC Act; further the Bidder(s)/Contractor(s) will not use improperly, for purpose of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly the Bidder9S0/Contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further details as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by the Bidder9S0/Contractor(s). Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on Indian Agents of Foreign Suppliers” is placed at (page nos.6-7).

e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3- Disqualification from tender process and exclusion from future contracts If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the “: Guidelines on Banning of business dealings”. Copy of the “Guidelines on Banning of business dealings” is placed at (page nos. 8-17). Section 4- Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.

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(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

Section 5- Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the anti corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.

Section 6- Equal treatment of all Bidders/Contractors/Subcontractors (1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity. Pact, and to submit it to the Principal before contract signing…. (2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. (3) The principle will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7- Criminal charges against violating Bidder9S0/Contractor(s)/Subcontractor(s). If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer. Section 8- Independent External monitor/Monitors (1) The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. 2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairman, SAIL (3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor.

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The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder9S0/Contractor9S0/Subcontract(s) with confidentiality. (4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices, or believe to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parities that they act in a specific manner, refrain from action or tolerate action. (6)The Monitor will submit a written report to the Chairman, SAIL within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations. (7) Monitor shall be entitled to compensation on the same terms as being extended to/provided to Independent Directors on the SAIL Board... (8) If the Monitor has reported to the Chairman SAIL, a substantiated suspicion of an offence under relevant IPC/PC Act, and the Chairman SAIL has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. (9) The word ‘Monitor’ would include both singular and plural. Section 9-Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by Chairman of SAIL. Section10—other provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e., New Delhi. (2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

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(3) If the Contractor is a partnership o a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid In this case, and the parities will strive to come to an agreement to their original intentions. (For & On behalf of the Principal) (For & On behalf of Bidder/Contractor) (Office Seal) Place----------- Date------------- Witness 1: (Name & Address) ----------------------------------------------- ------------------------------------------------ ------------------------------------------------- ------------------------------------------------- Witness 2: (Name & Address) ----------------------------------------------- ------------------------------------------------ ------------------------------------------------- -------------------------------------------------

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ANNEXURE-1

CERTIFICATE FROM THE BANKER

On the letter head of the Bank

Date :

( Name & Address of the Bank ) This is to certify that M/s ______________________________________________________________ ( Name & Address of the Tenderer has/have been having transactions with us for last ______________ years and their financial standing is sound based upon the transactions with M/s __________________ _________________________________________ for the last three years. Manager _____________________Bank