TENDER DOCUMENT FOR ARC FOR HIRING OF CARS/CAB/TAXI FOR OFFICIAL USAGE … · · 2017-02-11Attached herewith is our Tender Document for ARC for hiring of ... ARC FOR HIRING OF CARS/CAB/TAXI

TOUR & TRAVEL SERVICES Page 1 of 31

TENDER DOCUMENT FOR ARC FOR HIRING OF CARS/CAB/TAXI

FOR OFFICIAL USAGE IN BALCO.

TENDER NO: BALCO/COM/ TOUR & TRAVELS SERVICES -01

SEND YOUR OFFER WITHIN 7 DAYS THROUGH E-MAIL

To,

Head Commercial Bharat Aluminum Company Ltd. Commercial Office Admin Building, 1st Floor BALCO NAGAR KORBA – 495684 Chhattisgarh State India


INDEX

Attached herewith is our Tender Document for ARC for hiring of cars/cab/taxi for official usage in BALCO. The details are attached below:

1. Instruction to the Bidder.

2. Offer letter.

3. Scope of Work.

4. Contract Period.

5. Balco General Terms & Condition.

We are looking forward to an extended relationship and are open to negotiate long term contracts if that is mutually beneficial. Please note that completion of the response, in terms of the Formats to be filled and data to be furnished, will be one of the criteria for evaluation of the vendors. We will be happy to assist you with the process. Feel free to reach out to any of the people listed below. For Clarifications: Commercial: Mr. Naresh Kumar, Mob. No: 09981443352 Technical: Mr. Pramod Nayak - Mob. No: 9407604563 1) INSTRUCTION OF BIDDERS


Vedanta Resources plc (“Vedanta”) is a LSE listed FTSE 100 Company with a market cap including that of its listed subsidiaries of about $ 50 billion. We operate across the following core business sectors: Zinc-Lead-Silver, Copper, Aluminum, Iron Ore and Energy, with operation located in geographies spanning India, Australia, UAE, Zambia, South Africa, Namibia and Ireland. Over the past 5 years the group has displayed exemplary appetite for organic and inorganic growth-with an industry leading organic growth program of $ 20 billion nearing completion. Bharat Aluminium Company Limited (BALCO), a Member of Vedanta India is a fully integrated Aluminium producer with an installed capacity of 245 ktpa aluminium and 810 MW of power. We are currently implementing expansion projects, which includes a 650 ktpa capacity Aluminium smelter (1st phase 3.25 ktpa) and 1200 MW Power Plant. With the completion of these projects, BALCO will have a total installed metal capacity of 1 mtpa and 2010 MW of power. Our metal business currently produces 75 ktpa rolled products & 200 ktpa wire rods & with completion of 1st phase metal expansion, rolled products & wire rods capacity shall increase to 80 ktpa & 500 ktpa respectively. Our businesses also include a coal mines and operating Bauxite mines. What BALCO is looking forward with this contract:

High Level of Service quality.

100% adherence to all the deliverables.

Zero accidents environment.

100% reporting of all the near miss incidents and corrective measures for all to ensure no accident due to the unsafe conditions.

Increased availability of all the equipments and the total system to ensure better efficiency and higher levels of productivity.

Ensuring higher productivity per man hour by introducing better Operating Procedures.

Introduction of innovative ideas which can save in terms of time or money. Information / Credential of Service Providers / Bidder


The following information is Compulsory and should be furnished completed in all aspects along with your offer.

I. Brief history of organization, along with organization chart, mentioning the

Name, Designation & Tel. Nos of the contact persons in your company

holding all key positions.

II. Client list, with copies Contracts of your Top 5 clients.

III. Banker’s name and your Company’s annual audited report / Balance Sheet

for last 3 years.

IV. The details of Machinery and Equipment available with you which are in

working condition are to be furnished.

V. If the space provided in the registration form is not sufficient, please attach

separate

VI. Sheets and give Annexure reference number on the attached sheet.

VII. Registration Details

VIII. Registration No. and date (Kindly attach a photocopy of registration

certificate)

IX. Membership to any body

X. Any other Statutory Registration.

XI. Registration details with taxation authorities:

a. Permanent Income Tax A/c No.

b. Service tax Registration

XII. For any new agency participating first time in BALCO tendering, must register

their company as new service vendor on our SRM Portal at

www.balcoindia.com/vendorzone

http://www.balcoindia.com/vendorzone


2) FORMAT FOR OFFER LETTER Head Commercial Bharat Aluminum Company Ltd. Commercial Office Admin Building BALCO NAGAR Korba – 495684 Offer reference N.: /…………..dt. 2016: Sir, 1. We hereby undertake to perform the scope of work as defined in the condition of Bharat Aluminum Co. Ltd., Tender Ref no:…………………………., dated…..2015 at the prices and within the period stated in the attached schedules & in conformity with all the conditions is included therein. 2. This offer is valid for a minimum period of 90 days. 3. We agree that any Contract placed as result of this offer will be in accordance with the terms & conditions in the said offer. We declare that any other terms or conditions of the contract or any general reservations which may be printed on any correspondence of documents emanating from us in connection with tender shall not form part of any resulting contract unless specifically agreed to by BALCO and included in this contract. 4. We also enclose herewith the following documents:

A. Schedule of compliance with

1. Acceptance of contract conditions. 2. Schedule of prices (Price Formats to be completed) 3. The offer should contain all the details like Service Tax Reg. No. etc.

B. Documents required by BALCO as mentioned in “Instructions to

Bidders”. M/s (Name and Address of the Company) Signature of the authorized Signatories


3) SCOPE OF WORK : ARC FOR HIRING OF CARS/CAB/TAXI FOR OFFICIAL USAGE IN BALCO

1. Providing vehicle at korba , Raipur to Local & other route journey.

2. Provide vehicle like like Innova,Tata Arya, Scorpio , Etios, Xylo , Verito, Bolero , Vista , and other SUV/ Sedon Cars.

3. Contractor must have 25-30 own vehicles on his name.

4. Rate should be given on per day, per month and per KM basis

. 5. Provide VIP Vehicle BMW, Mercedes etc on requirement basis at

Raipur and Korba.

6. Vehicles and Drivers as per govt. compliance (RTO , Insurance , DL, PUC etc)

7. All Government compliances are in Contractor scope.

8. Vehicle should not be more than 3 years old.

9. All vehicles must have seat belt in front and rear seat.

10. Contractor has able to provide vehicle at Raipur, Bilaspur and Korba on our demand any time.

11. In case of Service provider’s inability to place the vehicle in time, Balco May arrange other vehicle from other sources on their risk and cost.

12. All Taxi/Cars used for service should contain safety belts and the

agency has to ensure that passenger including drivers should use

safety belt during journey. In case of non-compliance this critical

safety feature/complain of passenger for the same, penalty will be


levied on agency for an amount equivalent to entire vehicle

charged of that journey

13. The agency have to provide at least one newspaper, two mineral water bottle of good make are required to provide in taxi/car for usage of guest free of cost during each journey.

14. In case of service providers inability to provide vehicle in time Balco may arrange other vehicle from other sources on their risk and cost

15. Following distance will be considered for official visit a) Balco to Champa – 55 KM

b) Balco to Bilaspur – 125 KM c) Balco to Raipur Airport – 250 KM

16. Monthly rate shall be applicable whenever contract period is more than Three (3) Months.

17. Toll Tax and Parking Charges will be extra at actual.

18. The fuel cost shall be reimbursed at actuals in prevailing fuel prices for Monthly and Per day hire basis run.

19. For Per KM rates Diesel price variation clause shall be applicable

and proportional change (Increase/Decrease) shall be incorporated @ actual impact for the particular vehicle category considering its contractual mileage.


20. Offer should be submit on mention format:

Per Km

Rate (Rs.)

Per Day

Rate (Rs.)

Per

Month

Rate

(Rs.)

Mileage

(KM/Ltr.

)

SL

No

Description of

Car/Taxi/Cab Model

For Hire

AC Non

AC

AC Non

AC

AC A

C

Non

AC

1 INNOVA

2 SCORPIO

3 BOLERO

4 XYLO

5 TATA ARYA

6 VISTA

7 ETIOS

8 VERITO

9 SUV/Sedon

10 Additional Hour

Service Charge (Rs)

11 Night Halt Charges

(Rs.)

12

Drop/Pickup from Raipur Airport to Raipur Station (Innova / Equi. Or Higher ) Rs.

13 Drop and Pickup from Balco to Korba Rs.

Breakup Cost

Particular

INNOVA

SCORPIO

BOLERO XYLO

TATA ARYA VISTA ETIOS

VERITO

SUV/SEDON

Vehicle cost

Fuel/diesel cost

Manpower (driver)cost

RTO cost

Maintenance cost

Overhead cost


Payment Terms – Payment shall be released within 30 days against monthly RA bill after due certification of Engineer Incharge/Manager of Tour & Travel Department Balco.

4) CONTRACT PERIOD: 3 YEARS

5.GENERAL TERMS & CONDITIONS

1. STATUTORY COMPLIANCES

The Contractor shall be solely liable for Statutory Compliance in respect of all applicable laws of land which interalia includes Central/State Labour laws and Regulations/Rules made thereunder including but not limited to Compliance of provisions of Contract Labour (Regulation and Abolition) Act, 1970, Employees State Insurance Act, 1948, Apprenticeship Act, Employees Liability Act, Factories Act, 1965, Employees Provident Funds and Miscellaneous Provisions Act,1952, Minimum Wages Act, 1948, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Payment of Wages Act, 1936, Employee's Compensation Act, 1923, Interstate Migrant Workmen (regulation of Employment and Conditions of Service) Act, 1979. The Contractor shall obtain all registrations, Permissions / license(s) etc which are/may be required under any applicable Law and shall also be solely responsible for maintenance of records and filing of various forms/ returns prescribed under all applicable Central/State Labour laws and Regulations/Rules made thereunder in respect of Workmen employed by it. Other than consequent to increase in the notified statutory minimum wages, the contractor shall communicate its intention to increase the Wages /salaries and other benefits, during the period of the contract. The contractor irrevocably agrees that any increase in wages/ salaries and other benefits to its employees shall be borne exclusively by the contractor and there shall no enhancement of the contract value on this account. The Contractor shall take third party liability insurance, personal accident insurance and workmen) and such other insurance required as per statute. The Contractor shall be responsible for ensuring safe and disciplined working of his equipment / manpower and shall bear full liability in case of your failure to do so. The Contractor shall be required to obtain #no objection certificate## from Balco’s HR & HSE department thereby ensuring compliance to above as well as safety requirements. The contractor shall also be liable for other statutory obligations (not mentioned herein) which may arise on account of this contract in lieu of introduction of any new law or amendment of existing laws or as required by Authority responsible. It is clearly understood by the Contractor that the persons employed by the Contractor for providing services as mentioned herein, shall be the employees of the Contractor and not of the BALCO; hence The BALCO shall not be liable for any obligations/responsibilities, contractual, legal or otherwise, towards the Contractor's employees directly or indirectly in any manner whatsoever and they shall be solely responsible for any compliance or non -compliance.


2. WELFARE Contractor shall pay all amount equivalent for canteen to the terms agreed in contract or the amendment made time to time. 3. CONTRACTOR'S WARRANTIES & REPRESENTATIONS The Contractor hereby, warrants and represents that: a) The Services under this Service Order shall be strictly in accordance with the agreed terms. b) The Services to be provided under this Service Order shall not infringe any third party intellectual property rights. 4. CONTRACTOR'S OBLIGATIONS/LIABILITIES a) Neither this Service Order, nor any right or obligation hereunder may be assigned, in whole, or in part, by the contractor without the prior permission of BALCO. b) All the Confidential information or data supplied by BALCO to the Contractor in connection with the service being provided by the Contractor shall remain the property of BALCO or its licensors. If the Confidential Information is disclosed by the Contractor to an unauthorized third party or to its sub-contractor the Contractor agrees to indemnify BALCO from and against the same. However, BALCO reserves the right to claim damages and enforce rights on the sub- contractor solely or jointly with the Contractor but such enforcement will not absolve the Contractor from any liability. c) From and after the date of this Service Order, the Contractor agrees to Indemnify BALCO and its employee from and against all actions, suits, damages, litigation and proceedings by the third party / Govt. Authorities for any acts/omissions/negligence of the Contractor. Further the contractor shall be solely liable for any costs, losses, damages, penalties incur or sustain as a result of performance or non-performance, observance or non-observance by the Contractor of any of the terms and conditions of this Service Order and applicable laws. The Contractor shall be solely responsible & indemnify BALCO and its employees against any litigation, legal claim, suits etc that may occur on account of any accident (fatal / non-fatal). d) If the Contractor fails to provide the Services within agreed time, the Contractor shall indemnify BALCO for all losses/ damages suffered by the


BALCO. BALCO shall be at liberty to avail the Services from any other contractor at risk and cost of Contractor. e)BALCO shall, without prejudice to its other rights be entitled to deduct/ adjust from any dues payable to the Contractor or any security, all amount(s) which BALCO may be liable to pay, incur or sustain as a result of the performance or non-performance, observance or non-observance of any of the terms of this Service order by the Contractor. f) The Contractor and his Managerial staff should not form or join any Trade Union g) Contractor shall ensure that the workers engaged by him shall not participate in any strike or protest and Contractor also ensure that none of the worker engaged by him damage or destroy the property of BALCO. h) The Contractor should not directly or indirectly provide any kind of support or assistance for any act against Balco, harming business interests of Balco 5. ENTIRE AGREEMENT a) This Service Order and General Terms and Conditions constitute the entire Agreement between the Parties with respect to the subject matter hereof. It sets forth all intended rights and obligations and supersedes any and all previous Agreements and understandings between them with respect to the subject matter hereof. b) To be effective, any modification of the terms and conditions of this Service Order shall be in writing and signed by authorized representatives of both Parties. c) Notwithstanding the date of execution of this Service Order, the Contractor shall be liable for fulfilling its obligations under this Service Order within the time stated in this Service Order. 6. FORCE MAJEURE a) If any time during the continuance of this Service Order the performance in whole or in part by either Party or any obligation under this Agreement shall be prevented or delayed by reason of Governmental decision, war, hostilities, act of the public enemy, civil commotion, sabotage, fire, lightening, flood, explosion, epidemics, quarantine restrictions or any other event beyond the reasonable control of the Party concerned (hereinafter referred to as "the


eventuality"), then notice of such eventuality shall be given by the affected Party to the other within fifteen (15) days from the date of occurrence thereof. b) If the performance in whole or part of any obligation under this Service Order is delayed by reason of any such eventuality for a period exceeding one (1) months, the parties shall meet and review in good faith the desirability and conditions of terminating this Service Order. 7. TERMINATION a) This Service Order shall be terminated by BALCO without any prior notice and without any compensation under the following Circumstances: i) Contractor has becomes insolvent; or ii) Contractor has been convicted of any crime which in BALCO's reasonable judgment is likely to adversely affect the goodwill of BALCO; or iii) Any failure by the Contractor to comply with any of the provisions of the Service Order; or iv) Failure of Contractor to provide services/deliverables as per agreed time schedule; or v) Contractor assigns the Service Order to any third party without the consent in writing of BALCO; or vi) If any of the representations of the statements etc. made by the Contractor in connection with this Service Order are incorrect or are found to be incorrect. b) The termination by BALCO for reason stated above shall be without prejudice to other remedies that are available to BALCO under this Service Order and /or Law. c) Either party can terminate the Service Order by giving one month notice to the other in writing. 8. WAIVER OF RIGHTS No forbearance, delay or influence by BALCO in enforcing any of the provisions of this Service Order shall prejudice or restrict the rights of BALCO nor shall any waiver of its rights operate as a waiver of any subsequent breach and no rights, powers, remedies herein conferred upon or reserved for BALCO is exclusive of any other right, power or remedy available to BALCO and each right, power or remedy shall be cumulative. Any time concession or indulgence granted or shown by BALCO to the Contractor as regards any of the terms of the Service Order will not prejudice BALCO's rights under this Service Order. 9. SEVERABILITY


If any of the terms and conditions of this Service Order shall become unenforceable for any cause or reason whatsoever, the ensuing lack of enforceability shall not affect the other provisions hereof, and in such event the parties hereto shall endeavor to substitute forthwith such other enforceable provision as will most closely correspond to the legal and economic contents of the said terms and conditions. 10. NOTICES All notices under this Service Order shall be in writing and in English Language. All notices be served, either by hand delivery or send the same by registered post addressed to either party at the last known place of business or by facsimile and in providing the services of such notice, it shall be sufficient to show that the same has been received in person or property addressed by registered post. 11. ARBITRATION & JURISDICTION a) In the event of any dispute, disagreement, or differences arising out of the performance or the interpretation of this agreement, the parties hereby agree to make every effort to reach an amicable settlement through negotiation carried out in good faith. b) Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof shall be settled by reference of dispute to sole arbitrator to be appointed by the Chief Executive Officer & Whole Time Director (CEO & WTD) or the Chief Financial Officer (CFO) of the company (BALCO). The arbitration shall be conducted in accordance with the arbitration and conciliation act, 1996. The place of arbitration shall be Korba, Chhattisgarh. The language used in arbitral proceedings shall be English. c) The arbitrator shall be entitled to exercise all powers under the Arbitration and Conciliation Act 1996. d) This clause can be invoked within one year of expiry of term of contract. d) The parties agree that any arbitration award shall be final and binding upon the parties. e) The parties hereto agree that the contractor shall be obliged to carry out its obligations under the contract even in the event a dispute is referred to arbitration. It is further clarified that the company shall be entitled to retain any sum or portion of contract price which has become due and payable for any unfinished works or any subject matter under arbitration. f) This agreement shall be construed in accordance with and governed by the laws of India, excluding its conflict of law provisions. The parties hereby expressly


irrevocably agree to submit to the exclusive jurisdiction of the courts in Korba, Chhattisgarh, India. 12. SCOPE OF WORK: Anything not specifically mentioned in the scope of work, but which is necessary to complete the work is also deemed to be included in the scope of the work. All the tools, tackles, machinery and consumables required to execute the work will have to be arranged by the contractor. Quantity shown in the attached schedule may vary by +10%, with specific approval, for which rates shall remain unaltered. In case any item has not been provided for in the contract, but has been used during the contract, the rates of the same shall be mutually agreed upon. 13. RATES: AS APPLICABLE IN EACH CASE The rates will remain firm during the currency of the contract and no escalation shall be payable on any grounds whatsoever. 14. SECURITY: 14.1. Reimbursement against labour liabilities, 15 % deducted from monthly billing: 14.1.1 While paying RA bills to contractor 15% of gross wages payable to labour shall be kept under hold on account of final settlement of liabilities. 14.1.2 Amount against leave encashment shall be paid to contractors after successful completion of one year of the contract after certification from EIC and HR department of Balco. 14.1.3 The contractor will pay to its employees bonus on the occasion of Diwali and Dussehra every year and the same will be reimbursed to the said contractor from above amount (w.r.t the point 1) after they pay bonus to their employees, on certification of HR . 14.1.4 Retrenchment benefit shall be given on completion of successful contract period on certification of HR. 14.2. Security deposit will be 5% of the contract value. 14.2.1 This amount shall be calculated on yearly contract value and the same will be either deducted or SDBG will be submitted. 14.2.2 From Second Year onwards Amount /BG will increase by additional amount to match the Revised Annual Contract Value for subsequent years of contract tenure.


14.2.3 Final amount/BG shall be released on final settlement on certification of EIC. No interest will be payable in any eventuality on the security deposit to the Contractor. 15. DAMAGE TO BALCO'S PROPERTY: Any loss / damage to Balco due to negligence or willful attitude of the contractor or his employees while execution of the contract shall be recovered from the contractor's pending bills. 16. VEHICLE NORMS: The contractor shall comply with legal statutory requirement in respect to Vehicle Emission norms, Permits, Driving License, Registration number, Insurance, Working condition of Rear Lights, Brake Lights, Indictors, Reverse Horn etc., as per Motor Vehicles Act 1988 and the Performance Standard on Vehicle Safety. 17. EMERGENCY: The contractor shall ensure that its workers follow the following instructions: 1. To contact fire control room on telephone No. 5333, 5219,5393,2333,242033 and inform name, location and brief of the emergency. If telephone is not available, break the glass of nearest manual call point of fire alarm or use the nearby portable fire extinguisher if you know the operation of the extinguisher. 2. Rush to the location of Emergency and assess the situation Combat the Emergency with the help of the available people using fire hydrant and fire extinguisher. 3. Rush to nearby assembly point [displayed in the department] in case of an extreme emergency. 4. As soon as any Emergency call, the Fire control room operator will immediately ask the Turn out no.1 available at Fire Station plant-I to rush at the emergency spot. 5. He will simultaneously inform to Main Security Gate of respective plants. 18. Discipline at work area: Contractor has to maintain discipline at work area. In case Operation & Maintenance activities are found to be suffering due to non-performance by contractor's employees or job negligence, then suitable punitive action will be taken by Balco for the same. 19. Any of the above conditions have mentioned specifically in the service order to bring in effectiveness, then the same shall prevail as contractual obligation.


APPENDIX: CODE OF CONDUCT This code of conduct is applicable to all suppliers "('suppliers' herein refers to suppliers/vendors/ agents/consultants/contractors/joint venture partners/third parties) who have business relationship with Vedanta" (Vedanta herein refers to the company and any its subsidiaries). Human Right Clauses:

applicable including compliance with international labour law or the country of operation whichever is stringent, on working hours, payment of fair and reasonable remuneration, respect the right to form and join trade unions and bargain collectively and all legally mandated benefits.

(indentured servitude, bonded, prison or otherwise), or child labour.

or employment practices on the grounds of race, caste, colour, religion, gender, age, physical ability, sexual orientation, or union or political affiliation.

e a safe and healthy working environment, including as applicable safe housing conditions, presenting no immediate hazards. As minimum, clean water, sanitation, essential safety equipment, emergency exits and medical care must be provided.

ll applicable legal environment requirements including permits and registrations, implementation of sound measures to prevent pollution and minimise generation of solid waste, wastewater and air emissions must be adopted. Business partner will ensure the implementation of international certification of Environment, Health & Safety, and Social Responsibility in stipulated time frame and demonstration of continual improvement. - Compliance with Laws: The suppliers shall ensure compliance to all governmental norms - local & international such as Environment Protection, Minimum wages, Child Labor, US Foreign Corrupt Practices Act, UK Bribery Act, Anti Bribery, Corruption, Health & Safety etc. - Compliance with company policies: Shall follow all Environment, Health & Safety and other operational policies of the company while executing the work under this agreement/contract at company site.


- Conduct with company employees: forbid using inappropriate language in the workplace, including profanity, swearing, vulgarity or verbal abuse. - Child Labor: oppose and do not permit the use of, forced or child labor. - Unethical Behavior: Shall not take any recourse to any unethical behavior (implicit or explicit) with any employee of Vedanta for the purpose of obtaining an order or any information that may result in a favorable financial impact more specifically. - Bribery & Corruption: Shall not offer or accept bribe or use other means of obtaining undue or improper advantage. No supplier or its representatives or employee, shall offer to any employee of Vedanta a kickback, favor, gratuity, or anything of value to obtain favorable treatment or for the advancement of business. Shall not take any advantage of any family/social/political connection in obtaining favor with regard to any order merit shall be the sole attribute for association with Vedanta. - Undue Favor: Shall not offer any gift or entertainment for the purpose of obtaining an order or any undue favor (also refer the Gift policy of Vedanta which is uploaded on company website). - Reporting violations of code: Shall forthwith report any unethical activity or discrimination if practiced by any Vedanta employee/other suppliers as per Vedanta whistleblower policy (uploaded on the company website). - Competition and fair dealing: Shall desist from unfair trade practices with your competitors who are also associated with Vedanta. - Confidential Information: Shall protect and not in-fringe with any Vedanta intellectual property/information/technology which comes to your knowledge during the course of your business relationship /dealings with Vedanta. - The financial and sales results of the Company, or any member of the Company, before they are in the public domain. - Trade secrets, including any business or technical information, such as formulae, recipes, process, research programs or information that is valuable because it is not generally known. - Any invention or process developed by an employee using the Company's facilities or trade secret information resulting from any work for the Company, or relating to the Company's business. - Proprietary information such as customer sales lists and customer's confidential information - Any transaction that the Company or any member of the Company is or may be considering which has not been publicly disclosed. Vedanta expects its suppliers to comply with the conditions of the


supplier code in letter and spirit. It is the supplier's responsibility to read and understand the contents of Vedanta's supplier code and code of conduct & business Ethics policy and agree to uphold its values during your business association with Vedanta. Please contact the concerned Head Commercial/Company Secretary if you any questions about the supplier code. This contract shall be terminated without notice if any bribe, commission, gift or advantage given, promised or offered by the contractor to any employee of Balco. APPENDIX: VEDANTA QUALITY ASSURANCE CLAUSES 1. CONTRACTOR QUALITY ASSURANCE - The contractor must have in place an appropriate quality assurance system that ensures compliance with order specifications and must utilize that quality system in carrying out the work under the Contract. - Any quality system will be used only as an aid to achieving compliance with the Contract and to document such compliance. Such system will not relieve the contractor of the responsibility to comply with the Contract. - Unless otherwise provided in the Contract, testing of equipment, materials or work including all acceptance testing shall be performed by the contractor at its expense and in accordance with Contract requirements. 2. INSPECTION AND ACCEPTANCE - In order to assess contractor's work quality, conformance with company's specifications and compliance with the order, upon reasonable notice by company, all goods, materials and services related in any way to the goods and services purchased hereunder (including without limitation raw materials, components, intermediate assemblies, work in process, tools and end products) shall be subject to inspection and test by company at all times and places, including sites where the goods and services are created or performed, whether they be at premises of contractor, contractor's suppliers or elsewhere. In case it is notified that the workers are not working wholeheartedly and are not giving desired output, the engineer-in-charge reserves the right to recover inefficiency charges as decided by engineer-in-charge but not exceeding rs. 1000/- per day, if not specifically mentioned otherwise. - Company's failure to inspect, accept, reject or detect defects by inspection shall neither relieve contractor from responsibility for such goods or services that


are not in accordance with the order requirements nor impose liabilities on company. - If any goods and/or services covered by this Order is defective or otherwise not conforming to the requirements of this Order, the company may, at its option: (a) cancel this Order as to such non-conforming goods and/or services; (b) accept such goods and/or services at an equitable reduction in price; (c) reject such nonconforming goods and/or services and require the delivery of suitable replacements. - Material Certification - Written certification shall state that the material used conforms to the specification requirements and test reports are on file. Contractor may present the material Manufacturer's certificate of test for each material used in the manufacture of inspection lot of the product. The certificate shall show that the test results are in accordance with the specifications and shall be entered into the inspection record. Whenever a Certificate of Quality Compliance is required, the material certification: (a) Shall be signed by an authorized company officer or contractor representative responsible for Quality Assurance. (b) Shall include actual test/inspection results. (c) Shall include documentation for all required processes 3. COST OF INSPECTION If upon inspection after a direction by the Company Representative to dismantle or open up any part of a material, the material so inspected is in accordance with the Contract, the whole of the expense incurred as a result of the dismantling or opening up and reassembly will be borne by the Company. If the material is found not to be in accordance with the Contract the whole of the expense so incurred, including without limitation, any costs associated with putting that material into a condition which is in accordance with the Contract, will be borne by the contractor. If the Company Representative gives the contractor reasonable notice that the Company Representative wants to inspect any portion of an Associated Good before it is assembled, and the Service Provider assembles that Associated Good without first giving the Company Representative a reasonable opportunity to inspect, any expense incurred as a result of dismantling or opening up and reassembling that Associated Good will be borne by the contractor. 4. REJECTION


If any of the goods and/or services furnished pursuant to this Order are found, within a reasonable time after delivery, to be defective or otherwise not in conformity with the requirements of this Order, including any applicable drawings and specifications, whether such defect or non-conformity relates to scope provided by Seller or a direct or indirect supplier to Seller, then Buyer, in addition to any other rights, remedies and choices it may have by law, contract or equity, and in addition to seeking recovery of any and all damages and costs emanating there from, at its option and sole discretion and at Seller's expense may: - Require Seller to immediately re-perform any defective portion of the services and/or require Seller to immediately repair or replace non-conforming goods with goods that conform to all requirements of this Order. - take such actions as may be required to cure all defects and/or bring the goods and/or services into conformity with all requirements of this Order, in which event, all related costs and expenses (including, but not limited to, material, labor and handling and any required re-performance of value added machining or other service) and other reasonable charges hall be on contractor's account - withhold total or partial payment; - reject and return all or any portion of such goods and/or services; and/or - rescind this Order without liability. For any repairs or replacements, contractor, at its sole cost and expense, shall perform any test requested by company to verify conformance to this Order. 5. PACKAGING AND LABELLING All goods purchased here under must be packed and packaged as per contract to ensure its safe delivery in accordance with good commercial practice and where incorporated, the company's packaging specification. The contractor shall mark on all containers, handling and loading instructions, shipping information, part number, purchase order number and item number, quantity in box, shipment date, and names and addresses of each shipment. Each packing slip shall include; this Order number, quantity, item description, Order date, shipping date and delivery address, but shall not include pricing information. Illustration: Supply Contract: Supply of Hi-chrome grinding media. Material: Grinding Media (Ball Mill consumable)


Supply Schedule: The suppliers are intimated with the schedule to supply the particular quality and size of grinding media. Specifications (as defined in contract): Size: 40 mm, Carbon: 2 to 3.5 %, Chromium: Min: 17 %, Silicon: 0.3 to 0.9 %, Hardness: 60 HRC, Microstructure: Uniform metallographic structure throughout the cross section. Pre-dispatch Inspection (PDI) clause (as defined in contract): a) The grinding Media shall be dispatched after pre-dispatch inspection by third party. b) The PDI shall be with respect to Quality Assurance Program (QAP) approved by BALCO. Third Party Inspections: For inspection of grinding media supplies, two third party inspection agencies viz. Tata Projects Ltd, Hyderabad and TUV India Pvt Ltd, Ahmadabad have been engaged. Scope of work: a) After receipt of the readiness of the material from the supplier, the third party agency inspects the material at the supplier's works at Jaipur, Ahmadabad or Silvasa as per the Quality Assurance Program (QAP) approved by the Quality Assurance Department. Main QAP parameters are as follows: 1) Chemical Composition (% C, % Cr, % Si) 2) Hardness 3) Microstructure 4) Size Tolerance. 5) 100% bags should be sealed and tagged after Inspection. b) Prepare minutes of meeting with the supplier clearly indicating the hold points and the short comings (if any) c) To collect and sign the test report for the sample material as above and submit the same with the Minutes of Meeting and Internal Test Reports. Material Certification: The Written test certificate along with the material is dispatched to the consignee. Inspection at Site: After receipt of the grinding media at site, which is the largest consumer, a random sample is collected and its quality is tested with XRF. Surprise checking of third party inspection agency is also practiced by the QA team members. Result: Zero defects, high performance product being supplied timely and the result of this culminated in ever lowest consumption of material. The consumption rates - wear rate and tear rate are calculated periodically to check the effectiveness of inspection process. APPENDIX: VEDANTA SUSTAINABILITY CLAUSES


HEALTH, SAFETY AND ENVIRONMENT (HSE) SYSTEMS 1. SAFETY: The contractor shall be responsible to take all precautions to ensure safety of the labours /workers at work. The contractor will supply his labours/ workers safety equipment as per rules. The contractor shall obtain labor license (from labor department) and insurance coverage of laborers engaged. These are pre-requisites for issue of labor permission from hr. request for labor permission by the contractor should invariably be accompanied with copies of the above documents. The following requirements are to be fulfilled prior to safety clearance: 1. A copy of work order. 2. Contractors must submit risk assessment study report of the entire job pertaining to the work order. 3. Driving license of the all individuals of contractors whoever are using 2 / 4 wheeler of technological vehicles. 4. Declaration certificate for all individual format available in safety dep#t.) 5. A request letter (on the contractor's letter head) for safety clearance routed through execution in-charge & h.r. dept. 6. List of ppes given to workers with their signature of receipt. the following ppes are considered essential for any type of work inside plant. helmet (yellow), safety shoe [with steel toe] as per area of work / gumboot, goggles, dust mask, gloves (type based on associated hazard), ear plugs. the following ppes to be provided based on particular job requirements. chemical suit, pvc gloves, full body safety harness, ear plugs or muffs. 7. Physical fitness certificate (certified by mbbs doctor) and persons to be working in high-risk jobs, as to provide with necessary medical clearance certificate from mbbs doctor. 8. Competency certificate has to be produced by the contractor for their workmen engaged for specialized jobs. 9. List of tools & tackles, machines & equipments and pressure vessels along with their validity certificate issued by competent person as per c.g factories rules. 10. All workers wearing with all ppes must be present for physical verification with a ppe issue register.


11. All contract employees must undergo the safety induction training # which is the part of safety clearance system. 12. Name of the safety officer /supervisor / steward and contact number with e- mail i.d Designation of Supervisor: The Contractor shall specify one of its employee as the Site HSE Supervisor who shall be responsible for attending HSE matters at all levels at the site of work, including emergency response. The contractor shall ensure that its site HSE supervisor is present at the place of work and performs supervisory functions at all times whenever four or more workers of the contractor or its sub-contractors are present at the place of work. The Contractor shall ensure compliance of Health, Safety and Environment (HSE) laws and regulations, approvals, licenses and permits which are applicable to the services and conduct of activities. Contractor shall conduct internal inspections and record to ensure full implementation of requirements and compliance with the system at the site. Contractor shall provide documentary evidence that it has complied with the system, on company's demand. Contractor Site management plan: The contractor should comply with his submitted plan in his bid document on how to manage and improve the work site. Contractor shall ensure that the workers shall wear high visibility clothing eg: reflective jackets all time during the work at BALCO site. Insurance:- a) The supplier shall obtain group accidental insurance for all its employees deployed at purchaser’s site. (b The supplier shall obtain comprehensive insurance cover for third party liabilities. (c)The supplier shall obtain insurance for all its assets/equipment brought at purchaser’s site. 2. HAZARD AND RISK ASSESSMENT Pre and post Job Safety assessments: Contractor is responsible and accountable for ensuring effective procedures and assessment systems are in place to meet all HSE conditions. Prior to the commencement of any operation/activity, Contractor must undertake a hazard and risk assessment, such as a job safety analysis or job risk analysis including control and mitigation process. The risk assessment should cover the following aspects of workplace 1. General Safety and Environmental Management Procedures


2. Waste Disposal 3. Equipment Decommissioning 4. Water Discharges 5. Material Storage/Spills 6. Storm Water Management 7. Use of Asbestos, Lead, CFCs and other objectionable chemicals. 8. Hot working, gas welding, etc 9. All electrical works 10. Work at heights including scaffolding 11. Demolition 12. Construction work of any kind 13. Transport management 14. Tank cleaning or testing 15. Confined space, etc 3. AWARENESS, COMPETENCY AND BEHAVIOR Awareness: Before commencement of any Services, Contractor shall at its own expense ensure that Contractor's Personnel have been given the necessary HSE training including training in hazard identification, risk analysis, safe working behavior etc. The HSE training shall include a briefing explaining the nature of the part of the Services they will be performing, a job safety analysis and description of the hazards, which may be encountered during the performance of the particular tasks, which they are required to perform. During such training, Contractor shall emphasize the fact that each person has an obligation to stop an act or task if it is unsafe. Contractor shall ensure that Contractor's Personnel attend refresher courses to maintain familiarity with current procedures. Contractor shall provide evidence of completion of all training and competency assessments upon request by Company. All Contractors' Personnel arriving on the site shall attend the Contractor's or Company's HSE inductions including a review of the site's safety procedures including Permit to Work and evacuation. Contractor shall ensure safety meeting schedule, including but not limited to pre shift safety meetings, safety toolbox meeting, safety committee meetings and management review meetings. Competency: The contractor shall ensure that all of its supervisory personnel performing work possess any specific competencies or qualifications, experience, responsibility and authorities required by applicable occupational health and safety laws, and shall provide proof of same satisfactory to company upon request.


Behavior: The contractor should provide adequate guidance so that contractor's personnel works to reduce workplace incidents and improve safe performance at all times. The contractor shall ensure that his staff conducts in a fit and proper manner whilst on site. Failure to do this may result in the removal or exclusion of such persons from the site. 4. CHANGE MANAGEMENT If there is a change in site supervisor and contractor management personnel, it shall be notified to designated contractor manager as a part of Management of Change (MOC) process. This also includes reassess hazards and risk where the changes occur to the work scope, plant and equipment and the working environments. 5. INCIDENT REPORTING Reporting: Any accident, injury, near misses, fire , explosion, spill of chemicals, environment degradation etc. involving Company or Contractor's personnel, property or any third party property shall be reported immediately to Company, irrespective of whether injury to a person or damage to property or equipment resulted. Access to site: If Company exercises its right to conduct its own investigation; Contractor shall provide Company with all reasonable assistance to allow & to complete its investigation. Learnings: Contractor shall implement the learnings from incident to prevent a recurrence. Contractor must share lessons learned with Contractor's Personnel. 6. SAFETY INTERACTION The contractor must conduct regular safety interactions of its Personnel in accordance with the Company's safety interaction process. The number and frequency of safety interactions to be performed will be at the discretion of the Company Representative. Quality assessments of the safety interactions will be undertaken by the Company's HSE Personnel. The Service Provider must conduct investigations into incidents, accidents and injuries by its Personnel or involving its equipment and property in accordance with the Company's incident investigation process. Action items must be created to prevent recurrence and be closed out before due dates. 7. EMERGENCY DRILLS


Contractor shall participate in emergency response drills to test the effectiveness of its emergency procedures and equipments and the knowledge and proficiency of Contractor's Personnel. Contractor will provide with their emergency response plan (ERP) which must be adoptable to suit the site. 8. CARDINAL RULE Contractor shall ensure that all Contractors' Personnel follow the 10 cardinal rules. The rules are:

-miss incidents.

eed of 30 KMPH.

ile on duty.

9. PERSONAL PROTECTIVE EQUIPMENT Contractor shall, at its own expense, supply Contractor's Personnel, where required, in connection with the safe performance of the Services, with adequate protective clothing and other protective equipment including first aid which shall be maintained in good condition or replaced, and shall be worn at all times where required to manage potential injury hazards associated with a work activity under this Contract. Contractor shall ensure that his personnel have been trained in the correct use and application of PPE. All such training shall be documented and available to company on request. 10. EQUIPMENT, TOOLS, TACKLES AND RESOURCES The contractor shall arrange to obtain valid permission for his equipment’s from the concerned authorities. Contractor shall ensure that all plant, tools and equipment used by Contractor's Personnel in the performance of the Services are suitable for use for the particular task or tasks for which they are to be used, are maintained in safe and operable condition and that users of the plant, tools and equipment are trained, experienced and where necessary, licensed and


certified to operate them. Contractor shall maintain a register of all lifting equipment and tackle. Contractor shall, upon request, provide certification of inspection within the previous twelve months for all cranes and lifting slings and tackle before the equipment is used for the Work, and/or shall carry out such tests and inspections as are requested by applicable regulatory authorities. Safe Working Load (SWL) and radius charts shall be available for all lifting equipment and shall be marked on the equipment. Contractor shall ensure pre-inspection of lifting tools tackles including wire rope slings, clamps, shackles, hooks etc before taking up the job. Company reserves the right to require, Contractor to inspect any lifting gear that does not meet the requirements stated above. All equipment shall be stored and operated in accordance with the manufacturer's specification and guidelines. Contractor shall maintain up to date copies of all tests and maintenance certificates relating to cranes, lifting beams pulley blocks and lifting gear, and shall make them available to the Company upon demand. Also a periodic audit would be undertaken to assess the condition of such tools and tackles. While using their equipment and carrying out any job, if any equipment / installation belonging to company or any other agency at site is damaged by contractor, it will be made good at the risk and cost of contractor. Detailed risk assessments shall be conducted for all equipment to identify all foreseeable hazards and determine the most appropriate controls to mitigate the risks associated in using in accordance with HSE laws and regulation. Vehicles operating in company premises shall observe all parking and speed restrictions, road signs and traffic rules as per company policy. 11. MATERIAL SAFETY DATA SHEETS The contractor shall maintain, at the job site, Material Safety Data Sheets for all hazardous materials and products taken onto the job site. Products are stored in appropriate containers clearly labelled prior to sending to site, all hazard substances are risk assessed to determine their safety requirements and suitability for use. 12. WORK PERMITS Contractor shall follow the site Permit to Work (PTW) system for carrying out hazardous activities that includes following (but not limited to) activities. The contractor shall not perform any of such activities without first obtaining and displaying the applicable work permit at the work site. a. Hot work


b. Confined space entry c. Working at height d. Breaking into piping e. Lockout / Tagout / isolation etc. f. excavation or drilling into the ground or a concrete building slab using powered equipment g. Hazardous substance handling, etc. h. Excavation / trenching i. Chemical management MSDS's j. Any government related permit 13. HEALTH AND FITNESS Each contract employee shall undergo a pre-employment medical check and periodical medical examination (PME) as per the company guidelines by a company approved doctor/ medical personnel and cleared for the type of work he/ she will undertake, prior to the commencement of work. Contractor shall ensure that all Contractors' Personnel are able to perform the essential functions of their respective assignments and shall certify the same to Company if so requested by Company or if required by law. Contractor's medical assessment process shall equal or exceed the requirements of Company's medical assessment procedure. Contractor shall ensure health assessment, monitoring and management of contract personnel exposure to noise, dust and other physical hazards that have the potential to be harmful to health. If you are bringing your own equipment to carry out of job inside the plant such equipment should be subject to hazard identifications and risk assessment prior to commencing of work. The persons engaged by you shall be given appropriate awareness on OH&S, those personal who will carry-out jobs affecting OH&S shall be properly trained and made competent for the job performed by them. During emergency situation which may be faced in the plant. In Emergency situation your personal should move to the emergency shelters. They should not spread any rumor. 14. DISEASE Contractor shall ensure that any of Contractor's Personnel who exhibit any symptoms of any severe infectious disease that is communicable by air or surface contact immediately make appropriate arrangements to be medically assessed and removed from the Site until they have received medical clearance.


15. ENVIRONMENT PROTECTION Contractor shall ensure proper collection and storage of used oil and waste oil generated at site. The used oil and waste oil collected so shall be disposed of in compliance to law. Any oil/grease soaked cotton waste would be collected from site of work and suitably disposed as per the guidelines. Contractor shall use appropriate Personnel protective equipment and follow requisite procedure for handling, transportation and storage of Hazardous wastes inside the plant including disposal sites owned by company. Contractor shall be solely responsible for damage caused to the surrounding/ environment during transit. Contractor shall ensure optimum use of water, energy and other resources while providing services and also work for loss prevention in the form of leakages, spills, overflows, wastages etc Contractor shall be solely responsible for the legal actions that may be initiated consequent to environmental hazards as aforesaid. Contractor would ensure that spillages, leakages and overflows etc are attended immediately on notice or on intimation. 16. CONTRACTOR ACCOMODATION Where the Contractor's Personnel provides accommodation for contract workers, the accommodation shall be appropriate for its location and be clean, safe and, at a minimum, meet the basic needs of workers. In particular, the provision of accommodation shall meet national legislation and shall have the minimum following: "Provision of sanitary, laundry and cooking facilities and potable water "Safe location w.r.t health, hygiene and fire risks. "Provision of first aid, medical facilities and proper ventilation. "Building material shall be suitably inflammable, have smoke and fire alarms fitted and include other safety checks to prevent fire. 17. HYGIENE/CLEARANCE OF SITE Contractor shall ensure that Contractor's Personnel maintain high standards of hygiene and housekeeping on the Site. Contractor shall conduct routine hygiene and housekeeping inspections on the site to ensure that standards are maintained. Contractor shall collect and segregate scraps generated by their activities or services by creating separate bins and finally deposit or utilize as per the directions of COMPANY. On a continuous basis consistent with Good Industry Practice during the progress of the Works the Contractor shall clear away and remove pursuant to


the directions of the Owner from the Site all scrap, debris, other waste materials. The Contractor shall, leave on the Site for the Owner such temporary works as instructed by the Owner, free of charge. The Contractor shall at all times and particularly after completion of the Works, keep the Site and the Facility in a clean, safe and workman like condition and shall dispose of all rubbish (other than hazardous materials or other materials which may contaminate ground-water, for which other arrangements shall be made by the Contractor) in accordance with Good Industry Practice. 18. REMOVAL OF UNSAFE WORKERS The contractor shall document any identified instances of noncompliance with safety requirements by its workers and subcontractors. Where any worker or subcontractor breaches safety requirements and thereby presents a threat of serious injury or death to any person, the contractor shall remove that worker or subcontractor from the project site for the duration of the project. 19. SUBCONTRACTING The Contractor shall be able to demonstrate that he has applied selection procedures that ensure that his sub-contractors are demonstrably competent to perform the works safely. The sole responsibility of the performance of the sub-contractor rests with the Contractor and the Contractor shall be liable for any work done by its sub-contractor, agents, employees or officials. The Contractor shall provide to the Location Manager the names of sub-contractors he intends to appoint in advance of entering into a contract with any such sub-contractor. The requirements of this booklet, the contract specification, the contract health and safety plan, the risk assessments and method statements shall be imposed upon sub-contractors by the Contractor. 20. MONITORING Compliance check by contractor: The Contractor shall monitor his/her HSE performance and that of his/her sub-contractors to ensure compliance with standards set in the contract. The frequency of monitoring will be dependent upon the risk profile and number of persons employed. Root Cause of incidents: All accidents shall be investigated to establish the basic causes and to recommend appropriate improvements in control. Details of all accidents, together with the associated Investigation and recommendations, shall be passed to the company as soon as deemed reasonable.


Audit by company: The Company reserves the right to audit all aspects of the management of health and safety on site at any time. Deficiency identified during any inspection / audit shall be entered into an appropriate action register that summarize the deficiency, the required actions, the person to whom that action have been assigned and date by which the action shall be completed. The contractor shall be responsible to ensure all actions are completed, verified and closed within stipulated timeframes. Monitoring by company: The Company reserves the right to allocate weight age and set HSE KPIs in the contractor's scorecard. The scorecard performance shall be reviewed periodically. 21. CONTRACTOR QUERIES The queries should be normally directed to company's designate as specified in contract. The site specific "contractor safety management manual" can also be referred for any clarifications when in doubt. The details on specific processes, plants and machineries and related hazards are detailed in this manual. 22. FIRE SAFETY Any contractor having their local store, oil storage, vehicles, offices etc. should have their own fire extinguishers as per type and capacity • Contractor should maintain the fire extinguishers as per IS:2190 • The Fire Extinguishers having IS: 15683 is only allowed. • Fire Extinguishers should be are to be checked and verified by BALCO Fire Department before installation. • Vendor has to ensure the maintenance of fire extinguishers in monthly basis. • Checklist as per IS: 2190 and History Sheet Record should be maintained by vendor. • Hydraulic testing of fire extinguishers as per IS: 2190 should be maintained by vendor. 23. PENALTY FOR VIOLATION OF SAFETY MEASURES: In case of any violation of safety measures and or on non-compliance of safety PPE by the Contractor or his employee (s) Balco shall penalize the contractor as per the Safety CoC. If contractor continue for failing to provide the safety &/ or PPE Balco reserves its right to terminate the contract. At any point of time safety compliance will be checked by BALCO's SAFETY department. The contractor shall immediately upon knowing of any accident, damage or losses, in which he is involved on the site, should inform the area-in-charge. Any accident causing fatal or non-fatal injury to the employee(s) of the contractor shall be the exclusive responsibility of the contractor. In the event BALCO and /or its employee(s) are prosecuted by any other authority under law for accident causing fatal or non-fatal accident, the contractor undertakes to reimburse BALCO all fines, penalties and expenditure incurred in connection with defending such prosecution by BALCO and towards this the contractor irrevocably agrees to BALCO deducting such amounts from its pending bills.