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NIT FOR MANUAL LOADING OPEN TENDER 23.04.201129

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NIT FOR MANUAL LOADING OPEN TENDER 23.04.201129 Powered By Docstoc
					                KIOCL Limited                                   Telefax: (0891)-2739 530
                (Formerly Kudremukh Iron Ore Company Limited)
                (A Government of India Enterprise)            Website : www.kioclltd.com
                Branch Office:                                e-mail : kioclvizag@gmail.com
KUDREMUKH       No.25-12-39 (Ground Floor), Block No.8, Godeyvari Street,
                Opp : Old State Bank of India, Visakhapatnam -530 001, AP.
                BANGALORE-560 034
            AN ISO 9001:2008, ISO 14001:2004,
  No. KIOCL/MTLS/IOF-BAILA/2011-12/34 OHSAS 18001:2007 COMPANY
                                                      Dated 03.05.2011


                                     CLARIFICATIONS
  Dear Sirs,

         Sub: Clarifications sought on Terms and Conditions in our Request for
         Submission of Quotation for Reclaiming/Handling, Stevedoring & Intra-
         Port Transport of Iron ore fines stored at our Mechanical Plots to Vizag
         Inner Harbour for loading into vessels.

  Ref:   NIT No.:KIOCL/MTLS/IOF-BAILA/2011-12/34, dated 03.05.2011

  In the above referred NIT, clarifications are incorporated in the Terms and conditions as under.
      1) Clause No.1: Scope of work: Net loading is replaced by Grab loading.
      2) EMD & Tender Document Fee: Provision is made to submit EMD & Tender Document
         Fee payable at Visakhapatnam or Payable at Bangalore.
      3) Clause No.7: Loading quantity is clarified as under:
         WQ Quantity: 12,000 MT per day and EQ Quantity: 10,000 MT / Day.
      4) Net loading in the Price Bid format is replaced by Grab Loading.
      5) “Supply of iron ore fines “in the common outer cover at clause No.2.6 of page-3 is
         replaced by “Reclaiming/ handling, stevedoring & Intra-Port Transport of Iron ore Fines
         at Vizag port”.

  You are once again requested to participate in the tender. Please contact Senior Manager
  (S&T), Resident Representative of KIOCL posted at Visakhapatnam for further clarifications if
  any.
     Thanking you,
                                                                    Yours faithfully,
                                                                  for KIOCL LIMITED,


                                                                      (R Manjesh)
                                                                       DGM (Mtls.)
                                                              Land line: 080-25634776




                                            Page 1 of 37
                       INVITATION TO TENDER
       FOR RECLAIMING/HANDLING, STEVEDORING AND INTRA-PORT
 TRANSPORTATION OF IRON ORE FINE STORED AT KIOCL MECHANICAL PLOTS
         TO VIZAG INNER HARBOUR FOR LOADING INTO VESSELS


No. KIOCL/MTLS/IOF-BAILA/2011-12/34                    TENDER       DUE        DATE
Dated 03.05.2011                                       23.05.2011 AT 2 P.M (IST)



                                                       NOTE:    BIDDERS     ARE
                                                       REQUESTED TO VISIT OUR
                                                       WEBSITE FROM TIME TO
                                                       TIME  FOR   CHANGES    /
                                                       AMENDMENTS TO NIT TERMS.
Dear Sirs,

         Sub: Request for submission of Quotation for Reclaiming/Handling,
              Stevedoring & Intra-Port Transport of Iron ore fines stored at our
              Mechanical Plots to Vizag Inner Harbour for loading into vessels.

Sealed quotations are invited from interested and reputed Agencies for Reclaiming /
Handling, Stevedoring & Intra-Port Transport of Iron ore fines stored at our Mechanical
Plots to Vizag Inner Harbour for loading into vessels nominated by KIOCL as per the
specification, terms & conditions etc., in Annexure I to X listed below.

Annexure-I          :      Checklist for submission of bid
Annexure-II         :      Commercial Terms and Conditions
Annexure –III       :      Techno-Commercial bid.
Annexure – IV       :      Un-priced bid.
Annexure – V        :      Price bid.
Annexure – VI       :      Format for Bank Guarantee for Security Deposit, (SD).
Annexure – VII      :      Format for Bank Guarantee for Earnest Money deposit (EMD).
Annexure –VIII      :      Particulars for payment through RTGS/e-payment mode.
Annexure – IX       :      Instructions to bidders for availing payment from KIOCL
                                                                   through e-Banking.
Annexure- X         :      Integrity Pact.


2.0 SUBMISSION OF TENDERS :
   2.1        Please quote your price as per the format in the Price Bid. The Price should
               be inclusive of all taxes and statutory levies as applicable.

   2.2        The tenders complete in all respects conforming to the commercial Terms &
              Conditions and General Conditions for Indigenous Supply KIOCL P/1 shall be
              submitted as under:

   2.3     Cover.1 – Earnest Money Deposit (EMD) :
           a. Earnest Money Deposit: The bidders shall furnish an interest free Earnest
              Money Deposit of `90,000/-(Rupees Ninety Thousand only) by way of

                                        Page 2 of 37
              Demand Draft / Bank Guarantee in favour of KIOCL Limited, payable at
              Visakhapatnam/ Bangalore along with the tender as per the format enclosed.
              Please refer clause no. 4 of Annexure-II.

           b. In case the Tender Document is downloaded from our website, the tender
              document fee of `1,000/- (Rupees one thousand only) is to be submitted in
              the form of Demand Draft in favour of M/s KIOCL LIMITED, Bangalore
              payable at Visakhapatnam / Bangalore from any Nationalized Bank or from
              Scheduled Bank. Demand Draft from Co-operative Banks will not be
              accepted. Tender document fee in any other form will not be accepted.
              Please note that Tenders without EMD & Tender Document Fee (as
              applicable) will be summarily rejected.

           c. EMD & TENDER DOCUMENT FEE shall be enclosed in one sealed cover
              duly superscribed as "COVER.1 – EARNEST MONEY DEPOSIT &TENDER
              DOCUMENT FEE” with our Tender Document number & Date and Date of
              Opening.

  2.4    Cover.2 – Techno-Commercial Bid comprising of

        The Techno-Commercial tender comprising the above shall be enclosed in a
        separate sealed cover duly superscribed as "COVER.2 – TECHNO-COMMERCIAL
        BID' and with our Tender number & date and date of Opening.

   2.5        Cover. 3 – Price Bid:

        The Price in the format furnished at Annexure – V to this tender document duly
        filled in & signed shall alone be enclosed in a separate sealed cover duly
        superscribed as " COVER. 3 – PRICE BID " and with our Tender number & date
        and date of Opening.

   2.6         Cover. 4 – Common Outer Cover:

      Covers at (2.3), (2.4) & (2.5) above shall be kept in a common sealed outer cover
duly superscribed as " TENDER FOR RECLAIMING / HANDLING, STEVEDORING &
INTRA – PORT TRANSPORT OF IRON ORE FINES AT VIZAG PORT” and with our
Tender number & date and date of Opening.
      The above cover should reach us before 2 PM on 23.05.2011.

        KIOCL shall receive the completed bid documents as above, either through
        Registered Post or Courier Service or speed Post or to be handed over in person to
        the office of;
        Senior Manager (S&T),
        KIOCL Limited,
        No.25-12-39 (Ground Floor),
        Block No.8, Godeyvari Street,

                                        Page 3 of 37
      Opp: Old State Bank of India,
      Visakhapatnam – 530 001, Andhra Pradesh.

      The tenders received in any other form such as FAX, e-mail, in open condition, in
      in-complete condition, and after the due time & date of opening or delayed receipt
      caused under any circumstances will be rejected


3.    Those     Techno-commercial   Tenders    submitted   along   with   EMD   &   TENDER
      DOCUMENT FEE will be opened at the above address at 3 PM on the due date of
      opening. The bidder or his authorised representative can witness the opening of
      tenders if they wish to do so along with the authorization letter.


 4.   The Price bids of those bidders, who meet the Techno-Commercial terms and
      other conditions will only be opened separately with advance intimation of time &
      date of opening. The bidder or his authorized representative can witness the
      opening of Price bids if they wish to do so.
5.    FORMATS AND SIGNING OF BIDS:

      All the envelopes and their contents shall be legibly filled up signed and seals
      affixed on all the pages by the Bidder or a person or persons duly authorized. The
      person or persons signing the bid shall initial all pages of the bid. Any
      interlineations, erasures or overwriting /corrections shall be valid only if the person
      or persons signing the bid attest them.

Thanking You,

Yours faithfully
for KIOCL Limited

(K Kumaravelu)
Senior Manager (Shipping & Transport)

Enclosures :

 Annexure-I         :     Checklist for submission of bid
Annexure-II         :     Commercial Terms and Conditions
Annexure –III       :      Techno-Commercial bid.
Annexure – IV       :      Un-priced bid.
Annexure – V        :      Price bid.
Annexure – VI       :      Format for Bank Guarantee for Security Deposit, (SD).
Annexure – VII      :      Format for Bank Guarantee for Earnest Money deposit (EMD).
Annexure –VIII      :      Particulars for payment through RTGS/e-payment mode.
Annexure – IX       :      Instructions to bidders for availing payment from KIOCL
                                                                   through e-Banking.
Annexure- X :       Integrity Pact.



                                        Page 4 of 37
                                           ANNEXURE – I

                           CHECK LIST FOR SUBMISSION OF BID

No. KIOCL/MTLS/IOF/11-12/034                                        Date: ---------------
CHECK LIST TO BE FILLED UP AND SENT ALONGWITH TECHNO-COMMERCIAL UNPRICED TENDER
1.     Details of EMD furnished                             Demand Draft/BG No:
                                                            Drawee Bank:
                                                            Amount `____________

2.     Un-priced Bid (without price) enclosed with Techno       Indicated in Annexure – IV
       –Commercial Bid.( Page-2 of Annexure-IV).                        Yes / No

3.     Confirmed that in the price bid ( Annexure-V)
       quote is submitted for berthing/loadingvessel                    Yes    / No
       in EQ and WQ seperately
4.     Security Deposit                                            Acceptance Indicated
                                                                       Yes / No

5.     Confirmation of Acceptance of our General                   Acceptance Indicated
       conditions for Indigenous supply -KIOCL P/1                     Yes / No

6.     Conformation of acceptance of Integrity Pact            Signed Copy attached
       Agreement as per Annexure-VII.                                 Yes / No

7.     Particulars for payment through RTGS/E- Payment             Acceptance Indicated
       mode as per annexure-VIII                                       Yes / No



Please Note: This Check List should be signed and returned in original along with the Techno
Commercial Bid.




                      (Signature of the Bidder with name, Seal & Date)




                                              Page 5 of 37
                                      ANNEXURE – II

                        COMMERCIAL TERMS AND CONDITIONS


1.     SCOPE OF WORK:

The complete job pertains to material handling, stevedoring & Intra-Port transport at
Visakhaptanam port for ship loading of Iron ore fines. The job includes :-
1.1    Loading & Transportation of Iron ore fines from KIOCL mechanical plots to VPT
       Inner Harbor wharf (East/ West quay) and unload into grab for vessel loading. Price
       should be quoted by considering all related charges for loading.

1.2    Heaping and stacking of material in the jetty during vessel loading ( as & when
       required ).

1.3    Jetty cleaning before & after vessel loading ( as & when required ).

1.4    Collection of spillage material from the road and shift to the plot.

1.5    To book labour gang from the dock labour board (DLB) for various jobs during
       vessel loading in co-ordination with port authorities & Master of vessel.

1.6    To provide appropriate & required machinery like Terex/ Caterpillar/ Loaders and
       Dumper/ Tippers etc. for better effective material handling.

1.7    Liaison with port official/ Master of vessel for early berthing & smooth loading of
       material.

1.8    Maintain report on material handling during vessel loading and send information
       daily to KIOCL local office.

1.9    Separate price should be quoted for vessel berthing EQ and WQ side.

1.10   You have to arrange weighment, if required, for all tippers during transportation of
       ore. Weighment charges paid for weigh-bridge will be paid extra as per actuals.

1.11   The successful bidder has to arrange water sprinkling as per port rules and
       regulations.

1.12   Approximate quantity to be handled is 90,000WMT, i.e in two shipments of about
       45,000WMT per shipment and the quantity per vessel may vary from 30,000WMT
       to 50,000WMT depending on vessel nomination and draft requirements.

1.13   Complete quantity required for shipment and available at KIOCL mechanical plots is
       to be loaded properly in to the tipper. If required, dozing is to be done at your cost
       for transportation of total material.


                     (Signature of the Bidder with name, Seal & Date)


                                         Page 6 of 37
1.14   The material should be loaded in to the tippers as per guidelines, rules and
       regulations and permissible quantity of Road Transport Authorities/State Govt. and
       National High way authorities and VPT. Any penalty and loss of cargo will be borne
       by you only.

1.15   The contractor shall fulfill the requirement for transportation of ore properly
       without spillage or damage to the VPT/ Vessel equipment. Necessary safety
       precaution should be taken while transporting the Iron ore fines in the public roads.
       Any damage to the equipment will be recovered from the contractor.

1.16   The successful bidder should make their own arrangement for tools, tackles and
       any other material required for the work. Tenderer should make their own
       arrangements for obtaining necessary VPT/harbor entry pass / permit for all his
       staff / equipments at his own cost.

1.17   The successful bidder shall comply with the applicable provisions of all local, state
       and other government rules and regulations etc. during the execution of the work.

1.18   Safety precautions shall be implemented as directed by KIOCL and VPT engineer at
       site.

1.19   The Successful bidder has to depute a representative/ supervisor at VPT stock pile
       for Co-Ordination of loading and unloading activities and handing over of
       documents.


2.      DURATION OF CONTRACT:
       The duration of the contract will be three months from the date of issue of work
       order or completion of the job whichever is earlier.



3.     PRE QUALIFICATION CRITERIA:
       The tenderers who satisfy the following pre-qualifying requirements only
       are eligible to bid in this tender:

         3.1 The firm should have valid stevedoring license issued by Vizag port Trust and
             documentary evidence of the stevedoring license should be enclosed along
             with the technical bid.

         3.2 The tenderer should furnish documentary evidence of having done similar
             type of works/ Handling of Ore of value as stated below in the past seven
             financial years:
             a)     One similar work of value not less than Rs. 60 Lakhs, or
              b)    Two similar works of value not less than Rs. 37.50 Lakhs each, or
              c)    Three similar works of value not less than Rs. 30 Lakhs each




                     (Signature of the Bidder with name, Seal & Date)


                                         Page 7 of 37
          3.3 The tenderer should enclose copy of Permanent Account Number (PAN)
              issued by the income tax authorities in the name of tendering firm.

          3.4 Average annual turnover during the last three financial years should be a
              minimum of Rs. 22.50 Lakhs.

          3.5 The tenderer has to produce a Solvency certificate from any Nationalised/
              scheduled bank for an amount not less than Rs.22.50 Lakhs issued not prior
              to three months before the date of submission of bid.

     OTHER CONDITIONS:

          3.6 The tenderer must own sufficient number of Heavy Earth Moving (HEM)
              equipments (shovels / Pay loaders / tippers / road roller etc). The tenderer
              should enclose the list of HEM equipments (shovels / Pay loaders / tippers /
              road roller etc) owned by them and such equipments that could be
              additionally mobilized by them on lease basis on receipt of Work order.

          3.7 The tenderer should furnish a list indicating the no. of skilled manpower for
              executing the work as the work is time bound.

          3.8 The tenderer should submit the original tender form duly signed, stamped
              and dated confirming that he agrees to all the terms and conditions
              mentioned in the document.

          3.9 The tenderer should submit a blank format of Price Bid (without indicating
              rates) of the tender along with technical bid. The blank Price Bid should be
              duly signed, stamped and dated.

4.        EARNEST MONEY DEPOSIT (EMD):

     i)       Tender must be accompanied by a crossed DD in favour of KIOCL Limited,
              for `90,000/- issued by any Nationalised/Scheduled Bank and payable at
              Vizag as EMD, which will not carry any interest. EMD can also be submitted
              in the form of a BG issued by any Nationalized/Scheduled Bank in the
              enclosed format as per Annexure-VII. BG issued from Co-operative Banks or
              Corporate BG will not be accepted.

     ii)      EMD of Rs.90,000/- shall be refunded to the unsuccessful tenderer only after
              the tender process is complete.

     iii)     The EMD will be forfeited if the tender is revoked during its validity period by
              the tenderer or the tenderer increase the prices unilaterally after opening of
              the tender and during the validity period of the tender or the successful
              tenderer fails to submit the Bank Guarantee (as stipulated in clause 6) within
              the specified period or the successful tenderer does not accept the LOI/WO
              and does not start the work within the specified period.




                      (Signature of the Bidder with name, Seal & Date)

                                         Page 8 of 37
      iv)    EMD of successful bidder shall be returned on submission of security
            deposit.


 5.    PAYMENT TERMS:

       100% payment will be released after satisfactory completion of work as per
       quantity of vessel draft survey report. You are required to send your bills in 5
       copies along with 3 sets of draft survey reports. Service Tax percentage and
       value to be shown separately in the invoice.
       Paying authority will be SM (F & A), KIOCL Limited, II Block, Koramangala,
       Bangalore – 560 034 or his authorised representative.
       All efforts would be made to release payment within 7 working days from the
       date of submission of bills at our Bangalore Office. Payment will be made from
       KIOCL through RTGS/e-payment mode only.
       Income Tax, as applicable will be deducted from source (TDS) from the bill
       submitted by the successful bidder.
       Service Tax as applicable will be reimbursed only if correct service tax
       registration number is furnished in the invoice, i.e, please furnish your rate
       exclusive of Service Tax as applicable.


6.    BANK GUARANTEE TOWARDS SECURITY DEPOSIT:

      Bank Guarantee (As per prescribed format, Annexure-VII) for 10% of the value of
      work has to be submitted as security deposit before the work is started. Bank
      Guarantee should be issued on any Nationalised Bank and valid for contract period
      plus three months. If required the BG should be extended from time to time. The
      SD will be forfeited in case the contractor does not complete the work as per the
      terms and conditions of the work order. Format for the Bank Guarantee can also be
      down loaded from our website www.kioclltd.com.


7.    LOADING BONUS/ PENALTY:

      The contractor has to complete the vessel loading within the lay time given by the
      vessel as per rate of loading. The demurrage due to delay in loading or dispatch
      amount due to early loading of vessel will be to the contractors account.
      Rate of loading at WQ & EQ are as follows :
      WQ – 12,000 MT per day.
      EQ - 10,000 MT per day.
8.    SCHEDULE OF RATES:

      Tenderers should quote all-inclusive rate (including all taxes & duties except
      service tax) and the rate quoted by tenderer in the Annexure - V (Price bid) should
      be firm and fixed for the entire duration of contract. Service tax (if applicable) shall
      be paid extra on submission of proof of payment. Rates should be quoted in figures
      as well as in words.
                    (Signature of the Bidder with name, Seal & Date)

                                        Page 9 of 37
9.      VALIDITY OF OFFER:

        The offer should be kept valid for at least 90 days from the date of tender opening
        and to be extended for further period, if required.


10.     SUBMISSION OF BIDS:

        a)      Please quote your price as per the format in the Price Bid. The Price should
                be inclusive of all taxes and statutory levies as applicable.

        b)      The tenders complete in all respects conforming to the commercial Terms &
                Conditions and General Conditions for Indigenous Supply KIOCL P/1 shall be
                submitted as under:

     10.1     Cover.1 – Earnest Money Deposit (EMD) :

             a) Earnest Money Deposit: The bidders shall furnish an interest free Earnest
                Money Deposit of `90,000/-(Rupees Ninety Thousand only) by way of
                Demand Draft / Bank Guarantee in favour of KIOCL Limited, payable at
                Visakhapatnam/ Bangalore along with the tender as per the format enclosed.
                Please refer clause no. 4 of Annexure-II.

             b) In case the Tender Document is downloaded from our website, the tender
                document fee of `1,000/- (Rupees one thousand only) is to be submitted in
                the form of Demand Draft in favour of M/s KIOCL LIMITED, payable at
                Visakhapatnam/Bangalore from any Nationalized Bank or from Scheduled
                Bank. Demand Draft from Co-operative Banks will not be accepted. Tender
                document fee in any other form will not be accepted. Please note that
                Tenders without EMD & Tender Document Fee (as applicable) will be
                summarily rejected.

             c) EMD & TENDER DOCUMENT FEE shall be enclosed in one sealed cover
                duly superscribed as "COVER.1 – EARNEST MONEY DEPOSIT &TENDER
                DOCUMENT FEE” with our Tender Document number & Date and Date of
                Opening.

     10.2         Cover.2 – Techno-Commercial Bid comprising of

                The Techno-Commercial tender comprising the above shall be enclosed in a
                separate sealed cover duly superscribed as "COVER.2 – TECHNO-
                COMMERCIAL BID' and with our Tender number & date and date of
                Opening.



                       (Signature of the Bidder with name, Seal & Date)

                                          Page 10 of 37
  10.3       Cover. 3 – Price Bid:

       The Price in the format furnished at Annexure – V to this tender document duly
       filled in & signed shall alone be enclosed in a separate sealed cover duly
       superscribed as " COVER. 3 – PRICE BID " and with our Tender number & date
       and date of Opening.

  10.4        Cover. 4 – Common Outer Cover:

       Covers at (10.1), (10.2) & (10.3) above shall be kept in a common sealed outer
       cover duly superscribed as " TENDER FOR RECLAIMING / HANDLING,
       STEVEDORING & INTRA– PORT TRANSPORT OF IRON ORE FINES AT VIZAG
       PORT " and with our Tender number & date and date of Opening.
       The above cover should reach us before 2 PM on 23.05.2011.

       KIOCL shall receive the completed bid documents as above, either through
       Registered Post or Courier Service or speed Post or to be handed over in person to
       the office of;
       Senior Manager (S&T),
       KIOCL Limited,
       No.25-12-39 (Ground Floor),
       Block No.8, Godeyvari Street,
       Opp: Old State Bank of India,
       Visakhapatnam – 530 001, Andhra Pradesh.

       The tenders received in any other form such as FAX, e-mail, in open condition, in
       in-complete condition, and after the due time & date of opening or delayed receipt
       caused under any circumstances will be rejected


10.5    Those   Techno-commercial Tenders submitted along with EMD & TENDER
       DOCUMENT FEE will be opened at the above address at 3 PM on the due date of
       opening. The bidder or his authorised representative can witness the opening of
       tenders if they wish to do so along with the authorization letter.




                    (Signature of the Bidder with name, Seal & Date)




                                      Page 11 of 37
10.6 The Price bids of those bidders, who meet the Techno-Commercial terms and
     other conditions will only be opened separately with advance intimation of time &
     date of opening. The bidder or his authorized representative can witness the
     opening of Price bids if they wish to do so.

      After freezing the Techno-Commercial bid (Annexure – II & III) , the cover
      containing the Price bid (Annexure-II) shall be opened at a later date in presence
      of technically qualified tenderers who might choose to be present at the time of
      opening. Late / delayed / conditional offers shall be summarily rejected.

11.   A)    ACCEPTANCE / REJECTION OF OFFER:

      KIOCL reserves the right to accept or reject any tender without assigning any
      reason whatsoever and the decision of KIOCL will be final in all respects.
      The successful tenderer shall be intimated about the acceptance of his tender
      through a letter of intent / work order.


      B)    OPERATION OF THE CONTRACT:
      KIOCL reserves the right to carry out loading of its nominated vessels at the Outer
      harbour (OB) at its discretion in the event of availability of berths at OB-01/OB-02.
      The current Contract/Work Order would be operated at the discretion of KIOCL
      depending on the Congestion at Vizag Port and convenience of KIOCL.


12.   RIGHT TO TERMINATION:

      If the tenderer fails to perform as per the terms and conditions of the work order,
      KIOCL reserves its right to terminate the tender with immediate effect and
      consequential losses and additional expenditure if any, incurred by KIOCL to carry
      on these operations would be to the account of the Tenderer.

13.   TRANSFERABILITY OF JOB:

      The Tenderer shall not assign or sublet the work or any part thereof to anyone
      else.




                    (Signature of the Bidder with name, Seal & Date)



                                       Page 12 of 37
       14.    RECOVERY OF CLAIMS:

       i.    That whatever claims for payment of any sum of money arising out of or under work
             order against the Tenderer, in the event of non-settlement by the Tenderer, KIOCL
             shall have the right to recover such claims from any sums due and any payment of
             which at any time thereafter may become due to the Tenderer under the work order.
             Should this sum not be sufficient to recover the full amount payable / recoverable
             from the Tenderer, the tenderer shall pay to KIOCL on demand the remaining
             balance due.     In the event of the amount of the bills being partly or fully
             appropriated by KIOCL, the Tenderer shall make good the balance amount within a
             period of 5 working days.


 ii.         In the event of non-settlement of KIOCL’s claims, KIOCL shall have the right to claim
             or to adjust the claims amount from the Tenderer from the amount due to the
             Tenderer on any another account, if any.

 15. GENERAL CONDITIONS:

 i.          Approximate quantity of Iron Ore fines to be handled is about 90,000MT and the
             quantity may vary depending on the site requirement / vessel nomination /
             provisions of VPT. Any variation in the quantities shall not form the basis of dispute
             regarding the rate to be paid or give rise to any claim for compensation on any
             account. KIOCL reserves the right to fore close the contract at any stage during the
             execution and contractor will not have any claim against KIOCL for whatever reason.

ii.          Payloaders / shovels / tippers will be required to work and unload under the
             guidance / supervision of KIOCL officials / VPT officials. Payloaders / shovels /
             tippers should work in accordance with all the rules and regulations of RTO/ State
             Govt./National High Way Authority/Vizag port Trust / Customs / Dock Labour Board/
             KIOCL.

iii.         The Tenderer shall be solely responsible for any damage to KIOCL/Vessel/ VPT
             property during the course of execution of work.

iv.          Bills are to be submitted to KIOCL’s Vizag Office. Income Tax under Income tax Act
             1961, if any, and any other statutory levies imposed by the Government from time
             to time will be deducted from the Bills before releasing payment for the work carried
             out. Payment will be released by KIOCL’s Bangalore office through RTGS mode only
             after satisfactory completion of the work. Details for effecting payment through
             RTGS mode should be furnished as per Annexure-VIII and IX enclosed.

v.           The successful tenderer has to accept LOI/WO and start the work, failing which the
             EMD of Rs. 90,000/-paid by the tenderer would be forfeited.

vi.          Any claim arising due to accident by men engaged by tenderer under workman
             compensation Act or any other act in this regard or any damages to the equipment
             or damages injuries to third party shall be the sole responsibility of the tenderer.

                            (Signature of the Bidder with name, Seal & Date)

                                               Page 13 of 37
vii.            No advance payment shall be made by KIOCL.

viii.           In the event of failure or due to non-performance of any of the provisions of the
                tender on the part of the successful tenderer and in the event of any additional
                expenses incurred by KIOCL for making alternative arrangement in this regard, shall
                be recovered from the Tenderer against their outstanding bills and security deposit
                without any notice to the tenderer.

 ix.            The Tenderer shall keep KIOCL indemnified against all claims and liabilities arising
                out of performance of tender work and KIOCL shall not be responsible for any loss or
                damage incurred by the Tenderer during the course of the above work. The tenderer
                shall be responsible for all claims in respect of damage to the plants and machinery
                or any property of port trust or Railways or of any third party arising out of or in the
                course of performance of work by the Tenderer. The Tenderer shall also be
                responsible for all claims in respect of injuries to his employees or any third party
                arising out of or in the course of performance of work under this contract by the
                Tenderer. Tenderer will also indemnify KIOCL against all claims arising out of or in
                the course of use of the equipment to the labourers including the provisions of
                Contract Labour Regulations 1970 Act.

  x.            The Tenderer shall comply from time to time with conditions and prevailing law and
                rules imposed by the port trust authorities, Railways, Governments and Local bodies.

 xi.            Statutory Requirements:

                The tenderer shall comply with the provisions of Workmen Compensation Act 1923,
                ID Act 1947, Contract Labour (R&A) Act 1970 PF Rules / or any other similar
                enactment law/labour law /rules, etc. in respect of all such personnel employed by
                the Tenderer. The Tenderer shall indemnify KIOCL and keep KIOCL indemnified and
                harmless against all claims whatsoever in respect of the said personnel under the
                Workmen’s Compensation Act 1923 or any other statutory modifications there of or
                otherwise in respect of any accident or injury sustained by any workmen or other
                person during the course of operation of work or any other liability shall be payable
                by the Tenderer and KIOCL Limited shall not in any way be responsible for the same.
                The Tenderer shall also comply with the provisions of the Contract Labour
                (Regulations and Abolition) Act, Provident Fund, Minimum wages Act etc. and Rules
                made there under. Cost of up keeping of machinery/running expenses/payment of
                electricity charges, and any such expenses in incurred shall be to the account of the
                Tenderer.

        Xiii.    Environmental Issues

                 Tenderer will take all measures to tackle environmental issues arising out of this
                 retrieval, transportation of reclaimable / embedded ore.




                               (Signature of the Bidder with name, Seal & Date)



                                                   Page 14 of 37
16.     FORCE MAJEURE CLAUSE:

        All commitments under the agreement shall be subject to acts of God, Government
        Regulations / edicts or Rulings, war, blockade, revolution, civil commotion, riots,
        floods or other causes beyond the control of KIOCL or successful bidder. In such
        an event, KIOCL or the successful bidder, as the case may be, shall be relieved of
        the responsibility of performance of its part under the work order till such force
        majeure condition exists and the delay in the performance of its part of the work
        order, absolve the liability if any.

         The party claiming "force majeure" shall notify in writing       the other party
        immediately on the occurrence of “force majeure". The parties shall consult each
        other with a view to determine the steps to be taken to overcome the situation.

        Documentary proof of such causes under Force Majeure shall be provided by the
        party claiming Force Majeure. In case of force majeure, the delivery period shall
        be extended by mutual agreement.

17.     ARBITRATION:

        In the event of any dispute or differences between KIOCL and the tenderer, such
        dispute or difference shall be resolved amicably by mutual consultation. If,
        however, any dispute or difference remains unresolved, the same shall be settled
        by arbitration by referring the claims to the sole Arbitrator to be appointed by the
        Chairman-cum-Managing Director of KIOCL, who shall be the appointing authority
        of the sole Arbitrator.

        The venue of arbitration shall be Bangalore and the cost of the arbitration shall be
        as decided in the arbitration award. No court shall have the jurisdiction to settle
        any dispute in view of this arbitration clause.

18.     OTHER CONDITIONS:

(i)     Canvassing in connection with this tender is strictly prohibited.   In case a tenderer
        is found to canvas, his bid is liable for rejection.

(ii)    Tender documents should not be tampered. Tenderer should not alter or remove
        any page of the tender documents and should submit complete set in the manner
        prescribed, duly filled in, signed, stamped and dated by authorized representatives
        of the tenderer. Failure to comply with these instructions shall result in rejection of
        the tender.

(iii)   The tenderer shall have no claim for the preparation and submission of tender. The
        tendering firm shall not be entitled to any cost, expenses or other claims whether
        the tender is accepted/rejected and/or Notice Inviting Tender is modified,
        withdrawn or cancelled.




                      (Signature of the Bidder with name, Seal & Date)

                                         Page 15 of 37
(iv)     KIOCL is not bound to accept the lowest or any tender or to assign any reason for
         such non-acceptance. KIOCL's decision in this regard shall be final and binding on
         the tenderers. In this regard, such decisions of KIOCL shall be in compliance with
         all guidelines issued by various statutory authorities.

(v)      Tender documents are non-transferable and the documents given by KIOCL to an
         intending tendering firm shall be used only by that tenderer.

(vi)     Joint tenders will not be considered.

(vii)    Incomplete, illegible, unsigned and conditional tenders will not be considered.
         KIOCL reserves the right to reject one or all tenders without assigning any reasons.
         The bids should be in strict conformity of the tender conditions. The bids received
         not in line with the tender conditions are liable for rejection.

(viii) Tenderer should be in a position to undertake all the operations from the date of
       signing of work order. Any information on tie up of infrastructural facility found to
       be incorrect on subsequent verification shall be met with termination of work order,
       besides other legal remedies.

(ix)     The tenderer shall carefully examine the tender document including all
         Amendments/Addenda/Corrigenda, if any issued, and other details relating to the
         work and acquaint themselves fully with all the conditions and matters therein,
         which may, in any way, affect its work.

( x)     Amendments/corrigenda/Addenda etc. if any, issued by KIOCL, duly signed and
         stamped, by authorized representative of the tenderer should be submitted along
         with the technical bid of tender.

(xi)     The tenderer shall be deemed to have obtained all information as to risks,
         responsibilities and other circumstances which might influence or affect its tender
         and the progress and performance of the work order and have taken into account
         all such conditions and matters that may affect its work.

(xii)    Interpretations/Clarifications on this tender document, if any, issued by KIOCL,
         duly signed and stamped by authorized representative of the tenderer should be
         attached along with the technical bid of tender.

(xiii)    The tenderer shall get acquainted with the local conditions and shall also at their
         option visit the site and its surroundings and carefully examine and be satisfied
         about the existing site conditions, availability of local facilities, means of transport,
         etc., and quote the rate, taking into consideration all such conditions and matters,
         which may, in any way, affect its work.

(xiv) The tenderer shall be deemed to have acquainted with all prevailing applicable
      Laws, Regulations, Taxes, Levies and other charges relating to the work / Material.




                       (Signature of the Bidder with name, Seal & Date)


                                           Page 16 of 37
(xv)    Any neglect or omission or failure on the part of the tendering firm in obtaining
        necessary and reliable information regarding the above or any other matter
        affecting the tender shall not absolve them of any risk or liabilities or
        responsibilities for performance of work order.

19.     CLARIFICATIONS:

(i)     In case the tendering firm requires any clarification in connection with the tender,
        the firm shall submit a written request to SM(S&T), KIOCL, Vizag and seek reply
        immediately. Requests received after the due date and time will not be considered.
        A copy of all such clarifications, given by KIOCL, will be issued to all tenderer to
        whom KIOCL has sold tender documents and all such clarifications will deem part of
        the tender documents.

(ii)    KIOCL will not be bound by any oral clarifications or interpretations of the tender
        document, which may be made by any of its Employees, Representatives or
        Agents.

(iii)   No extension of time for submission of tenders will be granted on account of
         tendering firm’s request for interpretations/clarifications.


20.     MODIFICATION AND WITHDRAWAL:

        Tenderer shall not be allowed to modify their tenders after submission. If the
        tendering firm, after submitting tender, rescinds from its offer, the Earnest Money
        deposited by the tenderer with the tender, shall be liable to be forfeited and its
        tender will be liable for rejection. Tendering firms can withdraw their tenders at any
        time before tender opening; in which case, they shall not be permitted to re-submit
        them. Under no circumstances, tenderer shall be allowed to withdraw or modify the
        tender after the tenders are opened.

21.     DISCREPANCIES AND ADJUSTMENT OF ERRORS:

        If, on check, it is found that there are discrepancies between the rates given by the
        tenderer in words and figures, then the rates quoted in words shall be taken as
        correct.

22.     KIOCL reserves the right to seek clarifications from the tenderer on their techno-
        commercial bid which will not have any implications on the price bid.

23.     OPTION CLAUSE:

        KIOCL reserves the right to place work order for an additional quantity of
        90,000WMT at the quoted price for the tendered quantity and terms and
        conditions. This option clause is exercisable within two months from the date of
        original work order.




                      (Signature of the Bidder with name, Seal & Date)
                                         Page 17 of 37
24.   PARALLEL CONTRACT:

      KIOCL reserves the right to enter into parallel contract(s) during the currency of
      the contract and the bidder shall confirm his acceptance for the same.

25.   ORDER FOR PART OF TENDERED QUANTITY:

      KIOCL reserves the right to modify/alter the tendered quantity during the currency
      of the contract and the bidder shall confirm acceptance for the same.
      KIOCL reserves the right to place order for part quantity of the tendered quantity
      and the bidder shall confirm acceptance to the same for carrying out the part
      quantity of the job at the Price/ Rate quoted for the tendered quantity.

26.   RISK CONTRACT:

      In the event of the successful bidder not being able to complete the
      Handling/Stevedoring work in compliance with terms and conditions stipulated in
      the Work Order, KIOCL reserves the right to get the job done through other
      sources at the risk and cost of the successful bidder.


27. INTEGRITY PACT:

      All the tenderers shall execute integrity pact agreement as per the enclosed
      Integrity Pact Agreement. (Annexure-X). Sri. Lukose Vallatharai, whose address is
      furnished below, will be the Independent External Monitor (IEM).

                  Sri. Lukose Vallatharai,
                  No. 20, Bore Bunk road,
                  Benson Town,
                  Bangalore – 560 046.
                  Tel : (080) 2353 8237 / 2353 6649
                  e-mail : lukose3@gmail.com




                   (Signature of the Bidder with name, Seal & Date)




                                     Page 18 of 37
28. The Bidder shall confirm his acceptance to General Conditions for Indigenous supply,
    KIOCL P/1, which can be downloaded from KIOCL website www.kioclltd.com. Please
    note that the terms & conditions contained in this tender document shall prevail over
    the General Conditions for indigenous supply KIOCL - P/1 wherever applicable to the
    extent applicable.




I/We have read and understood the conditions of the tender as detailed and as a proof of
my/ our acceptance of the same without any alterations and modifications I/We affix
my/our signatures as follows:




              Authorized Signatory for tendering firm with seal and date


   Place:

   Date:

Enclosures:




                                      Page 19 of 37
                                   ANNEXURE - III
TECHNO COMMERCIAL BID

Tenderer should submit following documents in an envelope mentioning “Techno
Commercial Bid - Handling, stevedoring and intra-port transportation of iron ore fine
stored at KIOCL mechanical plots to vizag inner harbour for loading into vessels”

1.      EMD (Earnest Money Deposit) of `90,000/- in the form of a crossed Demand draft
        issued by any Nationalised bank in favour of KIOCL Limited payable at
        Visakhapatnam. EMD can also be submitted in the form of a BG issued by any
        nationalized bank in the enclosed format as per Annexure-VII.

2.      Details of pre-qualifying criteria along with supporting documents as per Clause 3.1
        to 3.5 of Annexure-II of the tender form.

3.      Details required along with supportive documents as per Clause 3.6 to 3.9            of
        Annexure-II of the tender form.



In addition to above, following information should also be submitted:

1.      Full Name and address of the tenderer with contact numbers

2.      Whether proprietorship / partnership or company registered under company’s Act
        (Details to be given & copy of proof to be enclosed)

3.      Name and addresses of the Owner / Partners / Directors with office and residential
        address, phone no., etc.

4.      No. of workmen on rolls (with details) during the previous financial year 2009-10.

5.      Name and full address of firm’s Bankers and Audited Accounts for previous three
        financial years, i.e 2009-10, 2008-09 & 2007-08

6.      EMD Details:
        DD/BC/BG No.----------, Drawn on---------Branch, Rs.-------




              Authorized Signatory for tendering firm with seal and date

     Place:

     Date:




                                        Page 20 of 37
                                    ANNEXURE - IV
                                      UN-PRICED BID

Schedule of work for Reclaiming/Handling, stevedoring and intra-port transportation of iron
 ore fines stored at KIOCL mechanical plots to vizag inner harbour for loading into vessels.

Sl.No.           Description                       Qty         Rate/MT   Amount
                                                   (Approx.)   (Rs.)     (Rs.)
01       Loading on to tippers at KIOCL            90,000
         mechanical       plots,      Intra-port   WMT
         transportation        from       KIOCL    (in    two
         mechanical      plots     to    Wharf,    shipments
         stevedoring for loading of iron ore       of quantity
         fines on to the vessel, including         of 45,000
         water sprinkling and as per scope of      WMT     per
         work i.e.Clause no.01 and other           shipment)
         terms and conditions. The price
         offered should be inclusive of Dock
         labour board gang booking and DLB                    PRICE     PRICE
         fringe benefit tax and excluding VPT                 NOT   TO NOT TO BE
         wharfage charges.                                    BE       INDICATED
                                                              INDICATE
         a.) Price for berthing/loading vessel                D
          in WQ side.

         b.) Price for berthing/loading vessel
          in EQ side.
         Indicate Service Tax percentage

Note:

1. The rate quoted should be all inclusive, i.e. inclusive of all taxes and duties except
service tax. Service tax, if applicable will be re-imbursed based on the claim and with
furnishing ST Registration number.
Service Tax percentage to be indicated separately.

2. Separate price is to be quoted for vessel berthing in EQ side and WQ side.

3. The offers will be evaluated based on the average rate of 1(a) & 1(b) against the
quantity at 1




Place:                                                Signature
Date:                             Name, Designation and Seal of the Tenderer




                                         Page 21 of 37
                                    ANNEXURE - V
                                         PRICE BID

Schedule of work for Reclaiming/Handling, stevedoring and intra-port transportation of iron
ore fines stored at KIOCL mechanical plots to vizag inner harbour for loading into vessels.

Sl.No.           Description                         Qty          Rate/MT    Amount
                                                     (Approx.)    (Rs.)      (Rs.)
01       Loading on to tippers at KIOCL              90,000       INDICATE   INDICATE
         mechanical        plots,     Intra-port     WMT          PRICES     PRICES
         transportation from KIOCL mechanical        (in    two   IN BOTH    IN BOTH
         plots to Wharf, stevedoring for loading     shipments    FIGURES    FIGURES
         of iron ore fines on to the vessel,         of           AND        AND
         including water sprinkling and as per       quantity     WORDS      WORDS
         scope of work i.e. Clause no.01 and         of 45,000    ALSO.      ALSO.
         other terms and conditions. The price       WMT per
         offered should be inclusive of Dock         shipment)
         labour board gang booking and DLB
         fringe benefit tax and excluding VPT
         wharfage charges.

         a.) Price for berthing/loading vessel
          in WQ side.

         b.) Price for berthing/loading vessel
         in EQ side.

         Indicate Service Tax percentage

Note:

4. 1. The rate quoted should be all inclusive, i.e. inclusive of all taxes and duties except
service tax. Service tax, if applicable will be re-imbursed based on the claim and with
furnishing ST Registration number.

Service Tax percentage to be indicated separately.

2. Separate price is to be quoted for vessel berthing in EQ side and WQ side.

3. The offers will be evaluated based on the average rate of 1(a) & 1(b) against the
quantity at 1




Place:                                                Signature
Date:                             Name, Designation and Seal of the Tenderer




                                         Page 22 of 37
                                         ANNEXURE - VI
                    FORM OF BANK GUARANTEE FOR SECURITY DEPOSIT

In consideration of KIOCL Limited (hereinafter called Company) having agreed to
exempt........(hereinafter called the said Supplier (s) / Contractor(s)) from demand under
the terms and conditions of Purchase Order No......................Dated............... made
between ....................And .................. for ............. (hereinafter referred to as 'contract')
of security deposit for the due fulfillment by the said suppliers(s) / Contractor (s) of the
terms and conditions contained in the said contract on production of a Bank Guarantee for
Rs.........(Rupees..........................only) we,.......... (hereinafter referred as "the Bank") at
the request of Supplier, (s) Contractor (s) do hereby guarantee the payment to the Company
an amount not exceeding Rs.............. (Rupees............only) and interest thereon at 15.5
percent per annum from the date of demand till payment against any loss or damage caused
to or suffered or would be caused to or suffered by the Company by reason of any breach by
the said Supplier(s)/ Contractor(s) of any of the terms and conditions contained in the said
Contract.

2. We.............. do hereby unconditionally and irrevocably undertake to pay to the Company
an amount to the extent of Rs. .................. (Rupees ...............................................only)
and interest thereon at 15.5 percent per annum from the date of demand till payment
without any demur, merely on a demand from the Company stating that the amount claimed
is due by way of loss or damage caused to or suffered or would be caused to or suffered by
the Company by reason of breach by the said Supplier(s) / Contractor(s) of any of the terms
and conditions contained in the said Contract or by reason of the Supplier(s)/ Contractor(s)
failure to perform the said contract. Any such demand made on the Bank shall be conclusive
as regards the amount due and payable by the Bank under this Guarantee. However, our
liability under this Guarantee shall be restricted to an amount not exceeding
Rs...................... (Rupees..........................................only) and interest thereon as
mentioned above from the date of demand till payment.

3. Our liability under these presents is absolute and unequivocal and we undertake to pay to
the Company the amount so demanded notwithstanding the Supplier(s)/Contractor(s) raising
any dispute and / or disputes or filing any suit or proceeding before any Court or tribunal or
othert Authority. The payment so made by us under this Guarantee shall be a valid discharge
of our liability for payment thereunder and the Contractor(s) Supplier(s) shall have no claim
against               us          for             making            such            payment.

4. We.............................further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the
contract and that it shall continue to be enforceable till all the dues of the Company under or
by virtue of the said contract have been fully paid and its claims satisfied or discharged or till
the Company certifies that the terms and conditions of the said contract have been fully and
properly carried out by the said Supplier(s) / Contractor(s) and accordingly discharges this
Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or
before...........................we shall be discharged from all liability under this Guarantee

                                                Page 23 of 37
thereafter.

5. This Guarantee shall not be revocable by us except with the written consent of the
Company and shall continue to be enforceable till.........................should it be necessary to
extend Guarantee beyond the said date, we undertake to extend the validity of this
Guarantee for such further period as may be required by the Company, and such extension
shall be given one month before the expiry of this Guarantee failing which the amount
covered under this Guarantee shall become forthwith payable, notwithstanding that the
Contract is continuing and /or the Company has or has not terminated the Contract or
preferred any claim against the Supplier (s) Contractor(s).

6. We................................. further agree with the Company that the Company shall have
the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the Contract or to extend time or
performance by the said Supplier(s)/ Contractor(s) from time to time or to postpone for any
time or from time to time in exercise of any of the powers exercisable by the Company
against the said Supplier(s) Contractor(s) and to forbear or enforce any of the terms and
conditions relating to the Contract and we shall not be relieved from our liability by reason of
any such variation or extension being granted to the said Supplier(s)/Contractor(s) or for
any forbearance,act or omission on the part of the Company or any indulgence by the
Company to the said Supplier(s)/Contractor(s) or by any such matter or thing whatsoever
which under the law relating to sureties would, but for this provision, have effect of so
relieving us.

7. This Guarantee shall not in any way be affected due to                        change in our constitution or by
your taking or varying or giving up any securities from the                      CONTRACTOR(S)/ SUPPLIERS or
any other person, firm or Company on its behalf or by                            the change in the constitution,
winding up dissolution, insolvency or death as                                   the case may be of the
CONTRACTOR(S)/SUPPLIER(S).

8. In order to give full effect to the Guarantee herein contained you shall be entitled to act as
if we are your principal debtors in respect of all your claims against the
CONTRACTOR(S)/SUPPLIER(S) hereby Guaranteed by us as aforesaid and we hereby
expressly waive all our rights of suretyship and other rights if any which are in any way
inconsistent with the above or any other provisions of this Guarantee.

9. We............................. also undertake not to revoke this Guarantee during its currency
except with previous consent of the Company in writing.



Dated the ..............day of ..................200

For...........................................................................

(indicate the name of Bank)



                                                        Page 24 of 37
IMPORTANT NOTE

The following Points should be taken care of while submitting the Bank Guarantee:-

1 The Bank Guarantee should be on non-judicial stamp paper having a value of Rs.100/-or
as applicable.

2 The stamp paper should be purchased in the name of the Bank, who give the guarantee
and not in the name of the Bidder.

3 The Bank Guarantee should be strictly as per the profoma.

4 The Bank Guarantee should be from any of the Nationalised Bank/Scheduled Bank.

5 If any correction is made on the guarantee the same should be endorsed by the Bank with
its official seal

6 The Bank Guarantee should be valid for a period of 60 days from date of opening the Bids.




                                        Page 25 of 37
                                  ANNEXURE - VII

FORM OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

In consideration of KIOCL Limited (hereinafter called ' Company') having agreed to exempt
_______________ (hereinafter called the said "Bidder") from demand under the terms and
conditions of the tender documents vide No ____ dated _______ of Earnest Money deposit
for the due fulfillment by the said Bidder of the terms of conditions contained in the tender
document on production of Bank Guarantee of Rs. _______________ (Rupees
_____________________________ only).

• We ________________________ (hereinafter referred to as "The Bank") at the request
of Bidder do hereby guarantee the payment to the Company an amount not exceeding Rs.
________ (Rupees _________________________________________ ______ only) and
interest thereon at 15.5 percent per annum from the date of demand till payment against
any loss or demand caused to or suffered, would be caused to or suffered by the Company
by reason of any breach by the said Bidder of any of the terms and conditions contained in
the said Tender Documents.

• We _______________ do hereby unconditionally and irrevocably undertake to pay to the
Company an amount to the extent of Rs. ___________ (Rupees __________
______________________ only) and interest thereon at 15.5 percent per annum from the
date of demand till payment without any demur, merely on a demand from the Company
stating that the amount claimed is due by way of loss or damage caused to or suffered or
would be caused to or suffered by the Company by reason of breach by the said Bidder of
any of the terms and conditions contained in the said Tender documents. Any such demand
made on the Bank shall be conclusive as regards the amount due and payable by the Bank
under this Guarantee. However, our liability under this Guarantee shall be restricted to an
amount not exceeding Rs. _____ (Rupees ________________ _________ only) and
interest thereon as mentioned above from the date of demand till payment.

• Our liability under this present Guarantee is absolute and unequivocal and we undertake
to pay the Company the amount so demand notwithstanding the Bidder raising any dispute
and /or disputes or filling any suit or proceeding before any court or tribunal or other
Authority. The payments so made by us under this Guarantee shall be a valid discharge of
our liability for payment there under and the Bidder shall have no claim against us for
making such payment.

• We __________________________ further agree that the Guarantee herein contained
shall remain in full force and effect during the period as required by the Company. Unless a
demand or claim under this Guarantee is made on us in writing on or before
________________ , we shall be discharged from all liability under this Guarantee
thereafter.

• This Guarantee shall not be revocable by us except with the written consent of the
Company and shall continue to be enforceable till. ________________. Should it be


                                         Page 26 of 37
necessary to extent this Guarantee beyond the said date, we undertake to extend the
validity of this Guarantee for such further period as may be required by the Company and
such extension shall be given one month before the expiry of the Guarantee, failing which
the amount covered under this Guarantee shall become forthwith payable.

• We ____________________ further agree with the Company that the Company shall
have the fullest liberty without our consent and without affecting in any manner our
obligation hereunder to vary any of the terms and conditions of the Tender Documents or to
extend time of finalizing the bid from time to time and to forbear or enforce any of the terms
and conditions relating to the Tender Documents and we shall not be relieved from our
liability by reason of any such variation or extension being granted to the said Bidder or for
any forbearance, act or omission on the part of the company or any indulgence by the
Company to the said Bidder or by any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.

• This Guarantee shall not in any way be affected due to change in our constitution or by
your taking or varying or giving up any securities from the Bidder or any other person, firm
or Company on its behalf or by the change in the constitution, winding up, dissolution,
insolvency or death as the case may be of the Bidder.

• In order to give full effect to the Guarantee herein contained, you shall be entitled to act
as if we are your principal debtors in respect of all your claims against the Bidder hereby
Guaranteed by us as aforesaid and we hereby expressly waive all our rights of suretyship
and other rights. If any, which are in any way inconsistent with the above or any other
provisions of this Guarantee.

• We ____________________________ also undertake not to revoke this Guarantee
during its currency except with the previous consent of the Company in writing.

Dated the ___________ day of _______________ 20

For ________________________________________

(indicated the name of Bank)

IMPORTANT NOTE

The following points should be taken care of while submitting the Bank Gurantee:

• The Bank Guarantee should be on non- judicial stamp paper of Rs 100/- .
• The Stamp paper should be purchased in the name of the Bank, who give the Guarantee
and not in the name of the Bidder.
• The Bank Guarantee should be strictly as per the proforma.
• The Bank Guarantee should be from any of the Nationalised Banks or Scheduled Bank.
• If any correction is made on the Guarantee, the same should be endorsed by the Bank
with its official seal.
• The Bank Guarantee should be valid for a period of 60 days from date of opening the
Bids.

                                         Page 27 of 37
                                  ANNEXURE-VIII

PARTICULARS FOR PAYMENT THROUGH RTGS / E- PAYMENT MODE.


     NAME OF THE COMPANY               :


     NAME OF THE BANK                  :


     NAME OF THE BRANCH                :


     CITY                              :


     ACCOUNT NUMBER                    :


     ACCOUNT TYPE                      :


     IFS CODE OF THE BANK BRANCH       :


NAME, DESIGNATION & SIGNATURE OF THE AUTHORISED REPRESENTATIVE OF THE BIDDER:




NAME, DESIGNATION & SIGNATURE OF THE AUTHORISED REPRESENTATIVE OF THE BANK.




     Authorized Signatory for tendering firm with seal and date

     Place:

     Date:




                                       Page 28 of 37
                                         ANNEXURE- IX
INSTRUCTIONS TO BIDDERS FOR AVAILING PAYMENTS FROM KIOCL THROUGH E-BANKING.



  1.     As per the CVC Office Order No. 20/4/04, e-payments should be the preferred mode of
         payments to bidders .As such, KIOCL would prefer to make payments to its successful bidders
         through e- mode.

  2.     Bidders should approach their local branch of Bank regarding the availability of e-banking
         facility, mainly e-receipt.


  3.     In case if the local branch of the Bank is not e- banking enabled, account may be maintained by
         the bidder with KIOCL banker- State Bank of India, Commercial Branch, Hudson Circle,
         Bangalore-560 001 or the Union Bank of India, Sarjapur Road, Koramangala, Bangalore-560
         034.

  4.     As per the RBI’s instructions, the branches connected with electronic platform cannot refuse the
         receipts through e- mode.


  5.     Bidders are required to submit the necessary details, namely, MICR code, IFSC Code, Branch
         Name, Branch Code, and Account No. etc to KIOCL, The bidders should get the said details
         counter signed by the bank branch of the bidder to ensure the correctness of the details. The
         format for furnishing this information is as per annexure-V, enclosed.




       Authorized Signatory for tendering firm with seal and date

       Place:

       Date:




                                             Page 29 of 37
                                                ANNEXURE-X

                                              INTEGRITY PACT

THIS AGREEMENT is entered into between the following Parties:

KIOCL Limited hereinafter referred to as “The Principal”,

                                     and
……………………………(Name of the Party) hereinafter referred to as “Second Party”

                                                   Preamble

The Principal intends to award a contract, following its laid-down organizational procedures for
Reclaiming/Handling, Stevedoring & Intra-port Transportation of Iron ore fines stored at KIOCL
Mechanical Plots to Vizag Inner Harbour for loading into vessels . The Principal values full compliance with
all relevant laws and regulations and the principles of economical use of resources and of fairness and
transparency in its relations with its Second Party.

In order to achieve these goals, the Principal cooperates with the renowned international       Non-
Governmental Organization, "Transparency International (I)" (TII). Following TII's national and
international experience, 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 below.

IT IS AGREED AS FOLLOWS:

Definitions:

a)   “Principal” which is the “FIRST PARTY” means KIOCL Limited, incorporated under                        the
     Companies Act 1956, having their registered office at Koramangala, Bangalore –                560 034 and
     includes their successors.

b)    “SECOND PARTY” means the person, firm or company submitting a tender against                          the
     Invitation to Tender and includes his/ its/ their staff, consultants, parent and associate and subsidiary
     companies, agents, consortium and joint venture partners,                                 sub-contractors,
     suppliers, sellers, buyers, customers etc, including heirs, executors, administrators, representatives,
     successors. And the “Second Party” also means, any                party including contractors, tenderers,
     executors, suppliers, sellers, buyers, customers    etc, whose tender has been accepted by the Principal
     or Company and shall be                 deemed to include his/ its/ their heirs, executors, administrators,
     representatives and successors unless excluded by the Contract.

b)    "Independent External Monitor" means a person, hereinafter referred to as IEM,              appointed, in
     accordance with clause 8.a below, to verify compliance with this agreement.




                                                Page 30 of 37
d) "Party" in relevant contract means a signatory to this agreement, and includes both                           “
    Principal” and “Second Party”.

e) “Contract” means the contract entered into between the Principal and Second Party                      for the
    execution of work mentioned in the preamble above.

Commitments of the Parties

Section 1 - Commitments of the Principal:-

The Principal commits itself to take all measures necessary to prevent corruption                (inducement to
violate duty assigned to its employees) and to observe the following      principles;

      i. No employee of the Principal, personally or through family members or any                    third
          person, will in connection with all stages of tendering or the execution of contract, demand or
          take a promise, or accept, for him/herself or any third             person, any material or non-
          material benefit which he/she is not legally entitled to;

      ii. The Principal will, during the tender process, treat all Second Parties with              equity and
           reason. The Principal will in particular, before and during the           tender process, provide to
           all Second Parties the same information and will not         provide to any particular Second Party
           any information/ clarification through       which the Second Party could obtain an advantage in
           relation to the tender      process or the contract execution;

      iii. The Principal will not take, directly or indirectly, any steps, which could                    unduly
            influence the functioning of IEM.

      iv. If the Principal obtains information on the conduct of any of its employees                  which is a
            criminal offence under the relevant Anti-corruption Laws of India/ guidelines of Govt. /
            guidelines of CVC/ guidelines of Principal, or if there be a substantive suspicion in this regard, the
            Principal will inform its Vigilance         Office and in addition can initiate disciplinary actions.

      v. If the Principal obtains information of conduct of a Second Party, or sub-           contractor or of an
            employee or a representative or an associate of a Second             Party or sub-contractor, which
            constitutes corruption, or if the Principal has a substantive suspicion in this regard, the Principal
            will inform the Vigilance Department of the Company.




                                                 Page 31 of 37
Section 2 - Commitments of the Second Party:-

2.1     The Second Party commits himself 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;

  i.   The Second Party will not directly or through any other person(s) or firm, offer,          promise or give
       to the Principal, or to any of the Principal’s employees involved             in the tender process or the
       execution of the Contract or to any third person                       any material or immaterial benefit
       which he / she is not legally entitled to in                  order to obtain, in exchange, an advantage
       during the tender process or to                 vitiate the Principal’s tender process or the execution of
       the contract.

  ii. The Second Party will not enter with any other Tenderers into any illegal                     agreement or
       understanding, whether formal or informal. This applies in                            particular to prices,
       specifications, certifications, subsidiary contracts,            submission or non-submission of bids or
       actions to restrict competitiveness or to       vitiate the Principal’s tender process or the execution of
       the Contract.

  iii. The Second Party will not commit any criminal offence under the relevant                         Anti-
       corruption Laws of India; further, the Second Party will not use            improperly, for purposes of
       competition or personal gain, or pass on to others,                  any information provided by the
       Principal as part of the business relationship,       regarding plans, technical proposals and business
       details, including information       contained or transmitted electronically.

  iv. The Second Party of foreign origin shall disclose the name and address of their agents/representatives
       in India, if any. Similarly, the Second Party of Indian Nationality shall furnish the name and address
       of their foreign principals, if any.

  v. The Second Party 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.

  vi. The Second Party will not take, directly or indirectly, any steps, which could                      unduly
       influence the functioning of IEM.

  vii. The Second Party will not instigate third persons to commit offences outlined              above or be an
        accessory to such offences.

2.2 Obligation to Ensure Compliance

a) Each Party will take all reasonable steps to ensure that the provisions of this agreement which are
binding on it are complied with by all of its staff, consultants, parent and associated and subsidiary
companies, agents, consortium and joint venture partners, sub contractors and suppliers.




                                                Page 32 of 37
b). Each Party will appoint an appropriate senior manager with responsibility for ensuring              that the
provisions of this agreement are complied with.

Section 3 - Disqualification from tender process and exclusion from future contracts

a) If the Second Party, before award of contract, has committed a transgression through        violation of any
of the terms under section 2 above or in any other form such as to put his reliability or credibility as Second
Party into question, the Principal is entitled to disqualify    the Second Party from the tender process or to
terminate the contract, if already signed, for     such reason.

b). If the Second Party has committed a transgression through a violation of any of the terms under section 2
above or in any other form such as to put his reliability or credibility into question, the Principal is entitled
also to exclude the Second Party from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of     the transgression. The severity will be determined by the
circumstances of the case, in       particular the number of transgressions, the position of the transgressors
within the company hierarchy of the Second Party and the amount of the damage. The exclusion will be
imposed       for a minimum of six (6) months and a maximum of three (3) years.

c). If the Second Party can prove that he has restored/ recouped the damage caused by him        and has
installed a suitable corruption prevention system, the Principal may revoke the     exclusion before the
expiry of the period of such exclusion.

d). A transgression is considered to have occurred if, in light of all available evidence, a   reasonable doubt
is possible.

Section 4 - Compensation for Damages

a). If the Principal has disqualified the Second Party from the tender process prior to the            award
according to Section 3 above, the Earnest Money Deposit (EMD) furnished, if any,      along with the offer as
per the terms of the Notice Inviting Tender (NIT) shall be forfeited. This is apart from the disqualification
of the Second Party as may be imposed by the Principal as brought out at section 3 above.

b). If the Principal has terminated the contract according to Section 3 above, or if the         Principal is
entitled to terminate the contract according to section 3 above, the EMD/Security Deposit furnished by the
Second Party, if any, as per the terms of the NIT/contract shall be forfeited. This is apart from the
disqualification of the Second Party, as may be imposed by         the Principal, as brought out at section 3
above.

Section 5 - Previous Transgression

a). The Second Party hereby declares that no previous transgressions with respect to               provisions of
Integrity pact occurred in the last three (3) years with any other Company in




                                                 Page 33 of 37
any country or with any other Public Sector Enterprise in India and, as such, there is no case          for his
exclusion from the tender process.

b). The Second Party hereby agrees that if he has made/makes incorrect statement in regard       to this
aspect, he can be disqualified from the tender process or the contract, if already      awarded, can be
terminated for that reason.

Section 6 - Equal treatment of all Second Parties/ Sub-contractors

a) The Second Party undertakes to obtain from all sub-contractors a commitment consistent    with this
integrity pact, and to submit it to the Principal at the time of seeking approval  of the Principal for
appointment of sub-contractors.

b) The Principal will enter into agreements with identical conditions as that of this           Integrity Pact,
with all Second Parties.

c) It is essential for all Second Parties to sign the Integrity Pact with the Company if the      value of the
transaction is more than 30 lakhs. The Principal will disqualify from the            tender process all Second
Parties who do not sign this Pact or violate its provisions.

Section7 - Breaches of this Agreement

a). In the event that any Party believes that there is prima facie evidence that there has been a failure by a
Party to comply with any provision of this agreement, such Party will take the following actions:

    i.    It will report full details of such suspected non-compliance to the IEM and
          CVO with copies to the Chief Executives of each of the Parties.

    ii.    If any such non-compliance has been carried out, or assisted by an               individual who is a
           member of a professional association, and such non-           compliance may constitute a breach of
           any disciplinary code of such            professional association, such Party may report such matter
           to the            professional association.

    ii.     If such non-compliance may constitute a criminal offence, either in the                country in
           which the contract is being carried out, or in the home country              of the organization or
           individual which carried out or assisted such non-         compliance, such Party may report such
           matter to the appropriate criminal     authorities in those territories.

b). In the event that any Party breaches any provision of this agreement, the other Parties        may, in
addition to the rights under this agreement, claim damages against the defaulting   Party, and exercise any
other rights they may have against the defaulting Party.




                                                Page 34 of 37
c). The Parties will take appropriate disciplinary or enforcement action against any of their            staff,
consultants, parent and associated and subsidiary companies, agents, consortium and              joint venture
partners, sub-contractors and suppliers who cause or assist in any breach of any provision of this agreement.

Section 8 - Independent External Monitor/Monitors (IEM)

a). The Principal, will appoint a competent and credible IEM/Number of IEMs for the      duration of this
agreement from the panel of IEMs appointed in consultation with the Central       Vigilance Commission
(CVC).

b). The IEM will assess, on an independent and objective basis, the extent to which the        Parties comply
with their obligations under this agreement.

c). The Parties will, after submission of a tender; after the award of any contract to them and        for the
duration of the contract:

      i.      allow the IEM unrestricted access to all books, records and staff relevant          to such
              tender;

      ii.     ensure that the IEM has unrestricted access to the relevant books,                  records and
              staff of their consultants, parent and associated and              subsidiary companies, agents,
              consortium and joint venture partners,               sub-contractors and suppliers.

d). In the event that the IEM believes that there is prima facie evidence that there is a     violation of this
agreement, the IEM will report the same to CEO of the Principal.

e). Upon receipt of a report from the IEM, CEO of the Principal and the Board will discuss         and try to
agree upon the appropriate action to be taken in line with sections 3,4 & 5 above to deal with such violation.

f). The IEM has no power to inquire any of the Parties to undertake any actions. No      statement by the
IEM, whether oral or in writing, is binding on any of the parties. Any Party           in legal or dispute
resolution proceedings can use all reports and other documentation issued     by the IEM. The IEM can be
called as a witness in legal or dispute resolution proceedings.

g). Fee and /or any other incidentals including traveling/conveyance expenses, if any, payable         to IEM
shall be borne by the Principal.

h). The IEM can only be removed from his appointment, if:

      1. all parties agree in writing to remove him: or
      2. he resigns: or
      3. he is removed from his office by order of a Court having appropriate jurisdiction.




                                                Page 35 of 37
i)    On completion of the term by the IEM or if IEM is removed from his              appointment or in
      case of death of IEM (whichever is earlier), the Principal will appoint another IEM as per section
      8 a) above for the remaining duration of this       agreement.

Section 9 - Duration of Agreement

a). This agreement comes into force as soon as it has been signed by all the Parties have signed          it. It
cannot be terminated or varied except by the written agreement of all the Parties.

b). This agreement will expire after 12 months from the date of last payment under the           respective
contract for the Second Party, and for all other Second Parties 6 months after the award of the contract.

Section 10 - Other Provisions

a). The Principal will disqualify from the tender process all Second Party who do not sign this Pact or violate
its provisions.

b). Should any occasion arise entailing IEM to undertake any investigation under the provisions of this
agreement, the venue for such investigation shall generally be at KIOCL Limited Corporate Office,
Kormangala, Bangalore –560 034.

c). This agreement is subject to Indian law. Place of performance and jurisdiction is the     corporate office
of the Principal. In case of any dispute, the courts at Bangalore only shall   have jurisdiction.

d). Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.

e). Addresses along with other relevant details of the Chief Executives of the Parties are as   given under;

           1. Principal:

      Chairman-cum-Managing-Director,
      KIOCL Limited,
      II–Block,Koramangala,
      BANGALORE – 560 034.
      INDIA.
      Tel : 080-25531322 (O)
          : 080-25531272 (O)
      Fax : 080-25521584 (O)

< Details of Second Party are to be filled in by Second Party concerned >




                                                Page 36 of 37
f) Should one or several provisions of this agreement turn out to be invalid, the remainder of       this
agreement remains valid. In that case the parties will strive to come to an agreement to   their original
intentions.

g). If the Second Party is a partnership or consortium, all partners or consortium members                 must sign this
agreement.


------------------------------------------                   ---------------------------------------


For the Principal                                            For the Second Party
Place …………………..
Date …………………..


Witness 1:                                   ………………………………….
(Name & address)                   -----------------------------------------------------------------
                                  -----------------------------------------------------------------
                                  ----------------------------------------------------------- ------


Witness 2:                                   ………………………………………


(Name & address)                   ----------------------------------------------------------- ----
                                  ----------------------------------------------------------------
                                  --------------------------------------------------------------------------------




                                                    Page 37 of 37

				
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