RASHTRIYA CHEMICALS & FERTILIZERS LIMITED
(A Government of India Undertaking)
IES Department, Instrument Workshop, RCF Trombay Unit, Chembur,
Mumbai 400 074, Maharashtra, INDIA
Phone: 00 91 22 2552 2070 / 2888 Fax: + 91 22 2552 2235
CIN no.: - L24110MH1978GOI020185
NOTICE INVITING TENDER
FOR
CONTRACT FOR INTERNAL AUDIT FOR ISO 27001:2013 AND ONE DAY TRAINING
AT RCF, TROMBAY UNIT.
TENDER NO: ET - IES/TR/1811406 DATED: 15.11.2018
IMPORTANT DATES
DUE DATE & TIME OF SUBMISSION OF BID : 28.11.2018, 11.00 HRS IST
TENDER OPENING DATE & TIME : 28.11.2018, 16.00 HRS IST
Contact Details:
1) RCF Help Line Number: 022-25523177 / 022-2552 2760 (10.00 am to 5.00 pm)
2) Miss. Leena Padwal (Tel: +91 22 2552 2888), e-mail: ies@rcfltd.com
3) Ms. Netranjali Koli (Tel: +91 22 2552 2888), e-mail: ies@rcfltd.com
3) Mr. P.M. Mahajan (Tel: +91 22 2552 2070), e-mail: pm_mahajan@rcfltd.com
Website for Online bid Submission: https://eprocure.gov.in
Kindly note that only online bid shall be considered against this tender.
Bidders shall ensure that all documents related to pre-qualification (technical or commercial) are submitted at the first
instance along with the original bids".
RCF reserves the right to reject outright any bid not complying with this instruction, and may not do any further
correspondence to seek clarifications/documents related to pre-qualification/credentials & eligibility criteria.
Kindly note that parties should be registered with PF/ESIC for carrying out job inside RCF factory. The parties which are
not complying the same, their offer will not be accepted
Kindly open following hyperlink to find "Information for MSE" in RCF website wherein you can also register yourself to get
MSE registration certificate with UAN.
http://www.rcfltd.com/index.php/en/tenders/information-for-msme/8901-registration-of-msme
INSTRUCTIONS FOR BIDDERS
1. e-TENDERING PROCEDURE:
The procurement shall be carried out through submission of online e-tenders only. No offer in physical form
will be accepted and any such offer if received by RCF will be outright rejected. Tender documents can be
down loaded from our web site www.rcfltd.com or Web site of CPPP www.eprocure.gov.in on line Bids are
to be submitted on website www.eprocure.gov.in.
The bidders should have a valid digital signature certificate (Class-II or Class-III) is sued by any of the valid
Certifying Authorities to participate in the on line tender. The cost of digital signature will be borne by
respective tenderer.
Kindly refer bidder's manual kit available on bidder's section on e-tender in website for detailed procedure for
bid submission or Bidders can take help of our Helpdesk Center (022-25522760) for registration and bids
submission procedures.
It is advised that the bidder uploads small sized documents (preferablyupto5MB) at a time to facilitate in easy
uploading in to e-tendering site. Standard documents required for tenders can be uploaded in `Myspace' facility
in your account. Maximum size allowed for offer submission is 25MB.
The bids shall be uploaded in TWO BID SYSTEM in electronic form only through e-tendering system on
www.eprocure.gov.in website.
BIDS SHOULD BE SUBMITTED AS PER FOLLOWING INSTRUCTIONS ONLY:
Note: e-Procurement system does not allow submission of documents after due date of tender. In complete Form or
non-submission of documents to verify details shall result in to rejection of your offer and no communication
shall be done for submission of documents.
Bids should be submitted as per following instructions only:
PART-I: UNPRICED TECHNO-COMMERCIAL BID:
Digitally signed copy of "Process compliance statement" printed on bidder's letter head
Packet 1 Annexure-I
with duly signed by appropriate authority.
Digitally signed copy of dully filled "Technical Bid" printed on bidder's letter head with
Packet 2 Annexure-II duly signed by appropriate authority.
Digitally signed copy of "Pre-qualification Details" with complete information along
Packet 3 Annexure-III with supporting documents as required by RCF.
Digitally signed copy of "Commercial Bid" printed on bidder's letter head with duly
Packet 4 Annexure-IV filled and signed by appropriate authority.
Digitally signed Copy of "Taxes & duties for all type of jobs" printed on bidder's letter
Packet 5 Annexure-V
head with duly filled and signed by appropriate authority.
Digitally signed Copy of "General Terms & Conditions "printed on bidder's letter head
Packet 6 Annexure-VI with duly signed by appropriate authority.
Digitally signed copy of dully filled "Vendor Data in vendor Updation form" printed on
Packet 7 Annexure-VII bidder's letter head with duly signed by appropriate authority along with scanned copy of
PAN card & Cancelled cheque.
Scanned copy of "Annexure of Benefits for MSME Vendor" printed on bidder's letter
Packet 8 Annexure-A head with duly signed by appropriate authority.
Scanned copy of "GST & Tax Compliance Clauses" printed on bidder's letter head with
Packet 9 Annexure-B duly signed by appropriate authority.
Scanned copy of "Annexure-C" printed on bidder's letter head with duly signed by
Packet 10 Annexure-C appropriate authority.
Scanned copy of "Annexure-D" printed on bidder's letter head with duly signed by
Packet 11 Annexure-D appropriate authority.
Scanned copy of "Annexure-E" printed on bidder's letter head with duly signed by
Packet 12 Annexure-E appropriate authority.
PART-II: PRICED BID:-
Price Bid i.e. BOQ given with tender to be uploaded after filling all relevant information like Basic Prices, taxes &
duties. The priced BOQ should be uploaded strictly as per the format available with the tender failing which the offer
is liable for rejection (renaming or changing format of BOQ sheet (file) will not be accepted by system)
Vendor should quote prices in BOQ only, offers indicating rates anywhere else (scanned documents in Part-I) shall
be liable for rejection.
Please read following instructions before filling & submission of BOQ sheet:
1. Please note that e-procurement system accepts `Microsoft Excel 97-2003' format only, any modification in file
format or changing name of file will result into non - acceptance of your offer by e-Procurement System.
2. Price Bid i.e. BOQ given with tender to be uploaded after filling all relevant information like Basic Prices, taxes
& duties. The priced BOQ should be uploaded strictly as per the format available with the tender failing which
the offer is liable for rejection (renaming or changing format of BOQ sheet will not be accepted by system)
3. Please save your BOQ sheet (Price bid) without changing it's name & format and upload this completed BOQ
sheet with your quoted rates in Finance Envelope as per instruction given above.
4. For any queries and help please contact RCF Helpdesk Number-022-25522760 or contacts given on first page of
Tender documents.
5. Kindly fill data in Price bid (BOQ Sheet) as per following Instruction only:
a) Bidders Name: Kindly put complete name of bidding firm/company.
b) Basic Price: Kindly put the `Basic rate per unit' e.g. Rs. 500 per Unit in white cell in front of each item you
want to quote. Blank field/cell will be considered as a `regret' for that item.
c) Taxes & Duties: Bidder should clearly mention all duties & taxes in price bid i.e. in BOQ sheet only. In
case any taxes, duties are not clearly specified in price bid then it will be presumed that no such tax/levy is
applicable or payable by RCF. Blank field in BOQ (Price Bid) shall be treated as `Inclusive' in B asic Price
of item.
Terms and Conditions related to GST
1. GST Registration Number (15 digit GSTIN). In case you have multiple business verticals in a state and having
separate registration for each business vertical, GSTIN of each vertical concerned with the supply and service
involved, as per the scope of NIT to be informed to RCF.
2. If supply / service provided is from multiple states, then please mention state wise GST Registration Number
for each state separately.
3. If bidder is not liable to take GST registration, i.e., having turnover below threshold of 20 lacs ( 10 lacs for
NE & special Category States), bidders need to submit undertaking / indemnification (format will be furnished
by RCF) against tax liability. Further the bidder should notify RCF within 15 days from the date of becoming
liable to GST and such registration should be submitted to RCF.
4. Those bidders who have opted for Composition scheme under GST, they have to submit a declaration to RCF
(format will be given by RCF) indicating their GST registration no.
5. HSN (Harmonized System of Nomenclature) code for the goods being supplied by the vendor for each item
covered under this NIT has to be declared in the Technical bid.
6. Services Accounting Code (SAC) for classification of services under GST for each item covered under this
NIT has to be declared in the Technical bid.
Statutory Variation Clause:
Any variation in statutory levies/taxes within the contractual delivery period shall be to RCF's account &
beyond contractual delivery period, upward variation shall be to Contractor's account.
Character and Antecedents Verification (Before Engagement) Of Contract Workers
It is mandatory that character and antecedent's verification must be made of each and every vendor worker
prior to giving permission to enter RCF premises. Vendors shall submit a certificate of character and
antecedents for each worker to be engaged inside the factory and no person / contract labour shall be employed
without a valid character certificate and antecedents. The character and antecedents form duly filled and
authenticated through police station shall be submitted to CISF for giving permission to enter RCF premises.
Even valid passport holder need to be police verification by appropriate authority.
Penalty Clause for Thermoplastic Electrical Extension Boards Fitted With ELCB
The contractor shall be penalized in-case of non-return of extension board or return of damaged extension
board issued by RCF during job execution. Monetary penalty shall be imposed as per below:
1. A penalty of Rs.7360.00 plus GST per extension board, whichever is applicable at the time of imposing
penalty for non-return of thermoplastic extension board.
2. A penalty of Rs.3680.00 plus GST per extension board, whichever is applicable at the time of imposing
penalty for return of damaged thermoplastic extension board.
Points Related To Compliance of Statutory Requirements
1. Every contract worker (Regular or temporary) should have ESIC and PF number while working inside
the RCF factory premises.
2. Contractor must pay minimum wages (Central), to all his labours whether regular or temporary. The
payment shall be in electronic form only. As a proof of payment of minimum wages, contractor shall
submit a statement of payment (ECS or NFT) of his labour to HR and Executive Dept. on quarterly basis.
3. A certificate of fitness in the Form No.6 shall be submitted by contractor for every contract labour
(Regular or Temporary) at the entry level only once.
4. Entry permission to those contract labours shall not be issued in case of non-compliance ESIC, PF, PVC
and valid photo indentity.
5. The violation of the statutory compliance shall be viewed seriously.
Penalty for late payment of Statutory Dues (i.e ESI, PF....etc)
Statutory payment of contributions towards ESI & PF in respect of wages/salary of the Contract employees is
required to be deducted and paid by 15th of the next month. Under these Acts, interests and damages as per
provisions, to be levied, are as below :
1. Interest : Minimum 12% rate of interest for delay even for one day.
2. Regarding Damages : Rates being imposed are as below:
a. Delay one day to two months - 5%
b. Two months to four months - 10%
c. Four months to six months - 15%
d. More than six months - 25% (limited to 100% of wages only)
The Government Departments i.e. u/s Employees Provident Fund & Employees State Insurance Corporation will take
necessary actions in due course of time for delay payment of deposition.
Contractors has to pay the statutory dues in time i.e. 15th of next month and as an administrative measures to enforce
discipline & uniformity of penalty of 2% charges on the Challans/bills/invoice amount.
ANNEXURE I
Process Compliance Form
(Tenderers are required to print this on their company's letter head and sign, stamp before uploading in
Packet-1 of Part-I bid)
To
M/s. RCF Ltd.
Attention:
Sub: Acceptance to the Process related Terms and Conditions for the e-Tendering
Dear Sir,
This has reference to the Terms & Conditions for e-Tendering mentioned in the tender No.: ...
We hereby confirm the following
1) The undersigned is the authorized representative of the company/ organization.
2) We have carefully gone through the NIT, Tender Documents and the Rules governing the e-tendering
as well as this document.
3) We will honor the bid submitted by us during the e-tendering.
4) We give undertaking that if any mistake occurs while submitting the bid from our side, we will honor
the same.
5) We are aware that if RCF has to carry out e-tender again due to our mistake, RCF has the right to
disqualify us for this tender.
6) We confirm that RCF shall not be liable & responsible in any manner whatsoever for my/our failure to
access & submit offer on the e-tendering site due to loss of internet connectivity, electricity failure,
virus attack, problems with the PC, digital signature certificate or any other unforeseen circumstances
etc.
7) We agree and confirm that we have read, understood and accept the Special Instructions to the
contractors / bidders for the e-submission of the bids online through this eProcurement portal of CPPP
as displayed under Help for Contractors.
8) We accept the Integrity Pact as given in the tender document (if applicable).
9) We do authorize RCF, Ltd for seeking information/clarification from our/my bankers having reference
in this bid.
10) We hereby confirm that if any of the documents submitted by us are not as per the tender documents,
then the bid shall be rejected.
With regards
Signature with company seal
Name :-
Company / Organization :-
Designation within Company / Organization :-
E-mail Id :-
Tel no :-
Mobile no :-
ANNEXURE-II
TECHNICAL BID
(Note: Bidder has to confirm their acceptance in given sheet and for technical evaluation, this Annexure to be submitted in
Technical bid in e-Tender)
SCOPE OF WORK FOR INTERNAL AUDIT FOR ISO 27001:2013 AND ONE DAY
TRAINING AT RCF, TROMBAY UNIT.
The scope of work for Internal Audit of ISO 27001:2013 will cover the IT departments, datacentre
and DR centre of RCF located at Trombay and Thal (Alibag). The following locations of RCF are
covered under the scope of ISO 27001:2013:
Primary Data Centre in Priyadarshini Building, Sion, Mumbai Secondary Data Centre in
Administration Building, Chembur, Mumbai
Data centre at RCF office, Thal, Alibag
Internal Audit:
1) Review of Statement of Applicability
2) Evaluate the adequacy of operating processes and internal controls as per ISO 27001:2013
3) Identify the non-conformities and recommend corrective action to remediate them
4) Prepare a detailed report of the non-conformities and the corrective and preventive actions to
be taken for them.
5) Prepare an Internal Audit Report and Analysis
Trainings to IT Department for 1 day for ISMS (15 team Members):
1) Training on ISO 27001 :2013 Standards
2) Training on the defined ISMS policy & procedure
3) Training on the defined Risk Assessment Methodology and the steps involved in it.
ANNEXURE-III
PREQUALIFICATION CRITERIA FOR EVALUATION
OFFERS OF THE VENDORS WHO MEET THE FOLLOWING TECHNICAL / COMMERCIAL
CRITERIA SHALL ONLY BE CONSIDERED FOR FURTHER EVALUATION:
The Bidder should meet all the following requirements in order to be eligible to compete for the award of the tendered
work. RCF reserves the right to contact, verify information, references and date etc. submitted by the Bidder without any
further reference to the Bidder.
Name of Bidder -
S.N Criteria Document Required
1
The Bidder should be CERT -In
Valid CERT -In certificate to be submitted.
empaneled
The Bidder should have ISO 27001:2013 Self-Declaration on company's letterhead to be
2
certified team submitted with stamp and authorized signatory
PO copies or Completion certificate directly from
Bidder should have carried at least one
3 Client with address, Phone number, email and
internal audit of ISO 27001:2013
authorized signatory.
4 Bidder shall submit Copy of GSTIN Registration Certificate, PAN Card copy
Signature with stamp.
ANNEXURE-IV
COMMERCIAL TERM S & CONDITIONS
BIDDER'S NAME: ................................................................................................
NOTE: Please note that any blank field left in the preceding confirmation box will be treated as `Agreed' only for offer evaluation .
Bidder Confirmation
(Please put in front of your
NO. DESCRIPTION confirmation or delete which is not
applicable )
MODE OF QUOTATION Agreed
1 Prices shall be quoted as per the BOQ only. Disagreed
VALIDITY OF OFFER Agreed
2 Your Offer shall be valid and firm for at least 120 days from the date of bid opening. Disagreed
COMPLIANCE OF ISO 14001 REQUIREMENTS
Agreed
3 As RCF is an ISO 14001 compliant company, therefore you should comply strictly to RCF
Disagreed
Environment Management System (EMS) standards.
STATUTORY VARIATION CLAUSE : Agreed
4 Within contract period is in RCF scope and beyond contract period in party's scope. Disagreed
FIRM PRICE CLAUSE:
Agreed
5 Price shall be FIRM till the execution of contract.(Price shall be firm else offer will not be
Disagreed
considered)
Agreed
6 The job will be done as per the scope of work mentioned in Annexure-II in total.
Disagreed
Whether the party is registered under Micro/Small/Medium Enterprises Act 2006 (please Yes
7 furnish the proof i.e. MSME registration copy & Udyog Aadhaar Number) No
Mention UAM No.
All MSE bidders shall register/declare their UAM Number on CPP Portal and copy of this
8 registration/declaration shall be attached with the offer, failing to which such bidders will
........................
not be able to enjoy benefits as per PP policy for MSME order,2012
Not Applicable
Whether the Proprietor of "MSME" Enterprise is from SC/ST category (please attach Yes
9 cast certificate issued by competent authority) No
A smart card will be provided to you for entering into the RCF premises. Kindly note that
Agreed
10 the card has to be returned back while leaving the RCF premises. Otherwise Rs 900/- shall
Disagreed
be deducted from your running bill.
SUBMISSION OF ID PROOF
Agreed
11 All the persons / contract workers entering the RCF premises shall be required to produce
Disagreed
copy of valid identity proof.
TAXES & DUTIES ................ %
12 Please mention in the price bid any taxes like GST etc. If applicable separately, as
percentage. If nothing is mentioned it will be assumed that no taxes/ duties are applicable.
Agreed to all Terms and Conditions related to GST & Tax Compliance Clauses Agreed
13 Disagreed
Penalty for late payment of Statutory Dues (i.e ESI, PF....etc) as per ANNEXURE: Agreed
14 Statutory / Mandatory Clauses. Disagreed
CONTRACT PERIOD
Agreed
12 The validity of contract shall be for the period of SIX MONTHS from the date of
Disagreed
placement of work order
PAYMENT TERMS
Payment shall be released on 30th day from the date of submission of invoice to IES Dept.
after successful completion of internal audit and training, along with all necessary
documents and after certification from user department.
In case of any discrepancy in the invoice, vendor has to resubmit the corrected invoice to Agreed
13 Disagreed
IES Dept. and payment shall be released on 30th day from the resubmission date.
Penalty of Rs. 100/- per week shall be levied if the duly certified invoices are not
submitted within 30 days from the date of execution of the job. Maximum penalty will be
5% of work order value.
MUTUALLY AGREED DAMAGES OR PENALTY CLAUSE:
In case of delay in completion of job in stipulated period, MAD shall be levied @ 1% per Agreed
14 week subject to maximum of 10% of basic work order value. GST on MAD shall be paid Disagreed
by bidder.
TRAVELING
Agreed
15 Travel expenses to & fro from your work place to RCFL, Mumbai shall be included in
Disagreed
basic rates.
LODGING & BOARDING Agreed
16 Lodging and boarding charges shall be included in basic rates. Disagreed
CONVEYANCE Agreed
17 Charges for local Conveyance shall also be included in basic rates. Disagreed
Whether bidder is currently on holiday list / black list / delisted or has been put on holiday Agreed
18 / blacklisted / delist at any PSU / Govt. Organisation. If so, give details. Disagreed
AGREED TO ALL TERMS AND CONDITIONS OF ENQUIRY
Agreed
19 (NOTE: Non acceptance or deviation to standard terms and conditions mentioned in enquiry
Disagreed
documents will lead to rejection of offer, no correspondence shall be done for clarifications )
Deviations If any
SIGNATURE WITH STAMP ON ALL PAGES
ANNEXURE V
UNPRICED TECHNO-COMMERCIAL BID.
Applicable
No Description Qty Unit SAC/HSN Code
Taxes in %age.
Charges for internal audit for ISO
27001:2013 and one day training to IT
1 1 lump sum
team at RCF, Trombay unit as per scope
of work mentioned in annexure-II.
Charges for one day training to IT team
2 at RCF, Trombay unit as per scope of 1 lump sum
work mentioned in annexure-II.
ANNEXURE VI
RASHTRIYA CHEMICALS & FERTILIZERS LTD.
(Government of India Undertaking)
GENERAL TERMS & CONDITIONS
Definition 2.0.01 In case clarifications are required on invitation to tender the
The term `CONTRACT' shall mean and include the Notice Inviting Tender TENDERER shall approach RCF in writing well before the opening of the
(NIT) the Instructions to TENDERER, the Tender, Letter of Intent accepting technical part of the tender, and RCF will provide the information required
the tender in part of full, Special and General Terms and Conditions, in writing. However, failure to receive any addendum or clarification shall
Directions, and comments conveyed in writing, the Purchase Order or Work not relieve the TENDERER of any of the obligations stipulated in the
Order, and its subsequent variations if any, r any other authorized invitation to tender.
CONTRACT documents, and those general and special conditions that may 2.0.02 The invitation to tender with annexure and all attachments will be
be added subsequently or such other documents, drawings, specifications as considered to have been read, understood and accepted by the tenderers
may be prescribed. unless otherwise specifically stated by them in writing well before the
The terms `CONTRACTOR', shall mean the person(s), firm, company with scheduled opening of the technical part of the tender.
whom, a CONTRACT has been entered into and shall be deemed to include 2.0.03 The terms and conditions as embodied in the CONTRACT shall be
their representatives, heir, executors and administrators, successors and final and any other terms mentioned in the supplier's tender but not included
permitted assignees of such person, person(s), firm or company. in the CONTRACT shall be deemed as rejected by RCF.
The terms `RCF" shall mean Rashtriya Chemicals & Fertilizers Limited 3.0.00 Tender opening
having its Registered Office at `Priyadarshini', Eastern Express Highway, 3.0.01 Tenders will be opened in two stages
Sion, Mumbai 400 022 and shall be deemed to include their successors Part I Technical & Unpriced Commercial part of the tender.
and/or assignees, and shall include the Administrative and Executive Part II Commercial part of the tender with prices.
Officers authorized to deal with all matters relating to the CONTRACT. 3.0.02 The Technical and Unpriced Commercial part of tender (part-I) will
The Term `TENDERER' shall mean the person(s), firm or company who be opened on the prefixed date in the presence of TENDERERS (only public
offer(s) a tender or quotation duly signed in response t the invitation to tender tenders) and their representatives who desire to attend the tender opening.
issued by `RCF' and shall be deemed to include their representatives, heirs, 3.0.03 The Commercial part of tender with Prices (part-II) shall be opened
executors and administrators, successors and permitted assignees to such in public (only public tenders) after the corresponding Technical and
person(s), firm or company. Unpriced Commercial part of the tender are scrutinized and possible
Instructions for submission of Tender clarifications obtained from such tenderers as may be required so as to bring
Every tender shall be made out in English, Hindi or Marathi language. All the tenders at part technically.
other information will also be supplied by the `TENDERER' in English, 3.0.04 Based on clarification, the TENDERER may be asked to submit if
Hindi or Marathi language. Only one language will be used in the tender. required, revised sealed commercial part of the tender with prices (Part-II).
In case of conflict the English version shall prevail. All amounts shall be 3.0.05 Tenderers will be given adequate notice regarding date and venue of
indicated by TENDERER both in works as well as in figures. Whether there public opening.
is difference between prices quoted in figures, and words, corresponding EARNEST MONEY DEPOSIT
amount quoted in words shall prevail. EMD is to be deposited as per following instructions, EMD other
Tenders should be free from overwriting. All corrections should be duly than below mentioned mode shall not be considered:
attested by the tenderers. Tenders should be signed by tenderer manually in ONLINE DEPOSIT: EMD to be deposited in RCF's account
long hand by person(s) who is/are legally authorized to sign on behalf of the
through payment gateway available on our website at:
person(s) or firm or company tendering and in case of firm/company, tender
should bear its seal or stamp. The legal instrument of authority either in www.rcfltd.com under `Portals' `EMD Payment' ("Click here"
original or a certified copy thereof empowering the person(s) signing their for EMD payment Tender no: E2531705299). Submit the
tender, should accompany the tender. No oral, telephonic or telegraphic acknowledgement/receipt of online EMD Payment along with your
tenders or modifications in the tenders shall be considered under any offer. EMD other than above mentioned modes shall not be
circumstances. considered
All tenderers are requested to submit their tenders STRICTLY as per the .Government of India Undertakings, Small Scale Industries Registered under
instructions given below. Tenders should either be submitted personally in single point registration with National Small Scale Industries Corporation
the tender box at the Office of Operations Manager, Instrument workshop, and RCF Ancillary Units are exempted from the payment of Earnest Money
Rashtriya Chemicals & Fertilizers Ltd.,Chembur, MUMBAI - 400 074, Deposit.
INDIA, or sent by Registered Post to the same address so as to reach well in Forfeiture of Earnest Money Deposit.
advance of the closing date and time. The envelopes containing the tender If for any reason whatsoever any TENDERER withdraws his tender at any
should be superscribed with The Tender No. and Date of opening. time prior to expiry of the validity period or after issue of the Letter of Intent,
Submission of Tenders Purchase Order, fails or refuses to execute the order or to furnish the security
Tenders are to be submitted in quadruplicate and should be type written. deposit for faithful performance of the CONTRACT within the stipulated
Tenders are to be submitted in triple sealed covers as follows: time the amount of Earnest Money is liable to be forfeited.
Technical part of tender Refund of Earnest Money
The first sealed envelope should contain all copies of technical details of the Earnest Money Deposit will not carry any interest. Earnest Money
tender. The cover should be clearly marked "Technical part of tender". Deposited by the unsuccessful tenderers will be refunded as soon as possible.
EMD & Unpriced Commercial part of Tender. Earnest Money Deposit of successful TENDERER will be refunded after the
The second sealed envelope should contain Earnest Money Deposit and successful TENDERER furnishes the security deposit.
Copies of Unpriced commercial part of tender. The cover should be clearly 5.0.00 SECURITY DEPOSIT.
marked "Un priced Commercial part of Tender". The Security Deposit for proper & timely fulfillment of the CONTRACT has
Commercial Tender with Price. to be paid by every successful TENDERER. No exemption will be made.
The third sealed envelope should contain all copies of the Commercial part The scale of security deposit to be furnished is as under or as specified in
of the tender with Price details. The cover should be clearly marked the bid abstract sheet of the tender:
"Commercial part of tender with Prices". All the three envelopes should be For the first Rs.10 lakhs - 10% of CONTRACT value (Purchase order +
put into an outer envelope duly sealed. All these four envelopes should be Work order).
properly super scribed with our "Tender No. and Due Date and Brief For the next Rs. 10 lakhs - 7.5% of CONTRACT value
Description and the Name of the CONTRACTOR for proper identification. For above Rs.20 lakhs - 5% of CONTRACT value.
2.0.00 Clarifications The CONTRACTOR will have to give security deposit as specified in the
tender in the form of either a Demand Draft in favour of Rashtriya Chemicals
& Fertilizers Limited payable at Mumbai, or by means of a Bank Guarantee f)- Statement that the liquidated damages or the force majeure clause of RCF
as per RCF's proforma (as Annexure-D) from any Nationalized/ Scheduled and standard terms and conditions are agreeable.
Bank included in the RCF's approved list of Banks for Bank Guarantees g)- Statement showing that the security and performance guarantee clauses,
attached at Annexure-E. The Security Deposit shall be furnished to RCF, for standard terms and conditions are fully agreeable.
a suitable period as prescribed by RCF in the tender. The Bank Guarantee h)- Country of Origin.
should be forwarded by the CONTRACTOR's Banker directly to RCF with i)- Statement showing the date of expiry of agreement with the Labour Union
the covering letter of the Bank. RCF reserves the right to insist on Security of the CONTRACTOR.
Deposit in the form of Demand Draft from any CONTRACTOR. J)- Statement that shipping terms are defined by INCOTERMS 2000.
5.0.01 In case of foreign supply, the Bank Guarantee submitted by the K)- Copies of commercial part of tenders with all prices duly blanked out.
foreign bank should be counter guaranteed/confirmed by State Bank of India, l)- Certificate showing that the offer is in total conformity with the terms and
Commercial Branch, Swastik Chamber, Sion-Trombay Road, Chembur, conditions as specified in the NIT. If not, list of all deviations should be
Mumbai 400 071, India. The charges of the confirmation if any will be borne given with proper justification.
by the CONTRACTOR. m)- Particulars relating to tenders as follows:
5.0.02 In the event of any breach of any of the terms and conditions of the 1)- Year of establishment.
CONTRACT or the CONTRACTOR neglects, delays or fails to perform the 2)- Name of Bankers.
CONTRACT, RCF shall have the right to forfeit the security deposit. The 3)- Certificate of CONTRACTOR's financial status from Contractor's
security deposit shall not bear any interest. Bankers.
6.0.00 PERFORMANCE GUARANTEE 4)- Name of the parties for whom similar orders have been executed earlier
The CONTRACTOR shall provide Bank Guarantee for performance, in case with their address and dates of equipment supplies and certificate from such
of is specified in invitation to tender, equivalent to value of security deposit companies/firms for the orders which have been executed.
for a period of 12 months from the date of commissioning or 18 months from 5)- Status of TENDERER from duly filled should be enclosed. (Refer
the completion of supplied whichever is earlier (or as specified in invitation Annexure-III).
to tender). Security deposit can be converted into Performance Guarantee at 6)- Latest Income tax Clearance Certificate/PAN No. (Xerox Copy) In case
the discretion of RCF. RCF wants to see the original Income Tax clearance certificate, the same
VALIDITY OF TENDERS. should be produced at short notice.
All tenders should be kept valid for acceptance for 120 days from the tender 7)- Sales Tax Registration No., Sales Tax Clearance Certificate. If exempted
closing date unless otherwise specified in tender invitation. Tenders of lesser from Sales Tax, exemption certificate.
validity period may not be considered. In case of revised commercial tenders III Commercial part of tenders with prices (part-II)
with prices (Part-II) for validity period, the date will be reckoned from the a)- Invitation to tender No.
date on which revised commercial tenders with prices were opened. b)- Tender abstract sheet,
TENDER INFORMATION c)- Price schedule price schedule should be given as per RCF format.
Tenders should include inter alia the following information. d)- Item wise price list of recommended spare parts.
Technical & Unpriced commercial part of tenders (part-I) e)- Tenderer's after sales service charges if any.
Technical Part. f)- Certificate that prices are valid for 120 days from the tender closing date
a)- Invitation to tender No. for placement of Purchase Order/work Order.
b)- Scope of Supply. g)- A certificate showing that the prices will be firm and valid during the
c)- Complete description of equipment/material supported by brochure, CONTRACT period and not subject to any escalation whatsoever.
catalogue and/or other descriptive standard documents. 9.0.00 Currency and Country of Origin.
d)- Completed data sheets as per the requirement of the tender. 9.0.01 Currency.
e)- Lay out drawings of sketched with (approximate) dimensions of Tenderers shall submit the tenders either in the currency of their country or
equipment and indications of limits of supply. the currency in which they will be paid. However, in contracts for supply
f)- Information on shipping weights and volume with special attention to and installation of equipment, the tenderers should state the portion of the
heavy and over size package. tender price relating to the Erection/Installation in Indian Rupees.
g)-Itemized list of spare parts of Country of Origin.
i)- Erection and commissioning The tenderers will have to furnish information regarding the country of
ii)- Two years operation. origin of the goods and works in their tender documents.
h)- Initial supply of spare parts will be ordered on the successful Transmission of Tenders.
TENDERER. For further orders of spares the TENDERER shall indicate All tenders should either be submitted in Tender Box in the office of Chief
the nearest sources of supply from MUMBAI. Materials Manager (Purchase), Administrative Building, (Ground Floor)
i)- List of Special Maintenance tools, material fixtures and special erection Rashtriya Chemicals & Fertilizers Ltd., Chembur, Mumbai 400 074, INDIA
tools and equipments. or sent by courier/ Registered post to the same address so as to reach well in
j)- TENDERER shall state name of the manufacturers proposed for every advance of the closing date and time. In their own interest the tenderers are
equipment item, which is not of his own manufacture. advised to notify the Chief Materials Manager by cable/telex, date and place
k)- List of similar equipments in operation indicating there in whether visits of despatch of tenders, TENDERS RECEIVED AFTER CLOSING DATE
to the plants can be arranged. ARE LIABLE TO BE REJECTED.
l)- Third party inspection programmed and scope of work. 11.0.00 Accompaniments.
m)- Nature of Maintenance assistance available or offered by the All tenders must be complete in all respect & should conform to all
TENDERER. requirements set forth in the enquiry, annexure and attachments. The
n)- Nature of Erection and commissioning assistance offered by the contents of the tender invitation, annexure and the attachments will be
TENDERER. considered to have been read, understood and accepted by all the tenderers.
o)- The TENDERER should undertake to give shop drawings of spare parts Al deviations from the specifications set forth in the enquiry should be
and main equipment to enable RCF to undertake repair and maintenance properly brought out in the Technical Tender.
after installation at site. Compensation for submission of tender.
p)- A certificate that the technical tender is in total conformity with RCF's Tenderers shall not be entitled to claim any costs, charges, expenses or
specification and if not the list of exclusions and/or deviations. incidentals for or in connection with the preparation and submission of their
q)- Fabrication schedule and a brief statement of activities and time estimate tenders even though Rashtriya Chemicals & Fertilizers may elect to
justifying the total delivery. withdraw the invitation to tender or reject all tenders.
II Unpriced Commercial part of tenders. 13.0.00 Pricing.
a)- Invitation to tender No. Tenderer's quotations must conform in all respects to the applicable
b)- Earnest Money Deposit, Draft No. and date, Payee Branch of the Bank. specifications, drawings, data sheets, terms and conditions of this invitation
c)- Terms of payment. to tenders. TENDERER must certify that his quotation complies with all
d)- Guaranteed delivery period for each item enquiry documents and specifications. Exceptions, and deviations if any
e)- Places of manufacture with the address. should be specifically stated. In the event of the TENDERER not giving any
exceptions and deviations in the tender then it will be construed that the vi)- Before submitting the tenders, the tenderers should satisfy themselves
TENDERER has accepted RCF's invitation to the tender in full. of all existing conditions, limitations and official regulation at the site of the
TENDERER may offer a supplementary or alternative proposal (viz his work and enroute and the lows governing the CONTRACT. No claim
standard design) but in doing so he must state all deviations and/or whatsoever shall be entertained on the grounds of ignorance of site
exceptions to the tender. Generally a tender offering only the alternative conditions and/or conditions prevailing in the surrounding areas.
solution is not accepted. Standard & Measurements.
Tenderers should quote unit and lump sum prices. The price so quoted Codes or standards equal or of higher quality than the codes or standards
should be all-inclusive and no claim for extras will be entertained. stipulated in the Invitation to Tender will be acceptable.
Tenderers should clearly indicate in the tender whether they are availing Where a brand name with the phrase "or equal" have been specified in the
Modvat Credit or such other Credits or Duty Draw Backs. In such cases the Invitation to tender. TENDERER may quote for alternative articles or
TENDERER should state in the tender that they have considered all such materials, which have similar characteristics and provide equal performance
benefits for quoting their price in the tender. and quality to that specified.
The Unit rate quoted in the tender will form the basis of compensation, if the Metric system has been adopted in the preparation of all design, engineering,
scope of work is altered within mutually acceptable limit. and drawing including piping and tubing schedules. The tenderers also shall
The tender shall be based on firm F.O.B/F.A.S. price and on reliable basis follow the metric system.
estimate of the freight cost from the port of loading to Mumbai Port should 18.0.00 Right of Acceptance & Rejection of Tender.
also be given. RCF reserves the right to accept at their sole and unfettered discretion any
Where there are special shipment terms for ODC/heavy lifts covered by tender for whole or part quantities or to reject any or all tenders without
special freight CONTRACT which will have to be unloaded by ship's own assigning any reason thereof. No claim for compensation etc., whatsoever
Derricks/Jumbo cranes destination port, price shall be on C & F terms only. will be entertained by RCF from unsuccessful tenderers.
The Indigenous Tenderers shall quote free delivery at RCF Trombay site, 18.0.01 Past Performance of the Contractors
and also give separately a reliable estimate of freight/transportation charges The Contractors whose past performance have been found not satisfactory,
to site. in the opinion of
13.0.07 Tenderers are required to state the name of proposed manufacturers RCF, then, RCF reserves the right to refuse the tender documents, or reject
of every item of equipment, which does not fall under their manufacturing the tender while opening or evaluating the tenders. The decision of RCF
range at the time of submitting the tender. All tenders shall be in the currency regarding performance evaluation shall be final.
of the country from which the equipment and services are to be acquired. Splitting of Tender.
In case of:Tenders submitted jointly by Manufacture(s) located in India and RCF reserves the right to split the tender in parts and to award the contract
Foreign Manufacturer(s). Tenders submitted by Manufacturer(s) located in in full or in parts.
Indian and Foreign sub-supplier(s) and Tenderers submitted by Foreign 20.0.00 Right of cancellation of CONTRACT.
Manufacturer(s) with sub-supplier(s), located in India. 20.1.00 RCF reserves the right to cancel this CONTRACT or any part
The tender documents shall be arranged to show separately the expenditure thereof and shall be entitled to rescind the CONTRACT wholly or in part
in Indian and Non-Indian currency. forthwith by a written notice to the CONTRACTOR if:
TENDERER shall quote all prices including percentages of total price in 20.1.01 The CONTRACTOR does not adhere to any terms and conditions
figures as well as in words. Where there is a difference between these, the of the CONTRACT including General & Special, Terms & Conditions.
rates given in words shall prevail. Erasures or overwriting of any kind in the 20.1.02The CONTRACTOR fails to execute the job in time.
tender may render the tender to outright rejection. Where necessary the 20.1.03 The quality of the supply/part supply received is poor or not in
original figures and words should be scored out and corrected figures and conformity with the requirement.
words written again. The TENDERER shall have to attest the corrections. The CONTRACTOR attempts for any corrupt practices.
14.0.00 Price adjustment/escalation 20.1.05The CONTRACTOR becomes bankrupt or goes into liquidation.
THE PRICE QUOTED SHOULD BE FIRM AND SUBJECT TO NO 20.1.06The CONTRACTOR makes a general assignment for the benefit of
ESCALATION WHATSOEVER DURING THE ENTIRE CONTRACT creditors.
PERIOD, except for Statutory Levies namely Excise Duty, Sales Tax and A receiver is appointed for any of the property owned by the contractor.
Octroi. Rate of Excise Duty, Sales Tax and Octroi, applicable on the date of 20.2.00 Upon receipt of said cancellation notice; the CONTRACTOR shall
submission of the tender should be clearly mentioned in the tender. Payment discontinue all work on the CONTRACT and matters concerned with it.
shall be made at the rates applicable at the time of supply against RCF in that event will be entitled to
documentary evidence. However, in case of delay in supply, if there is any get the job executed from any sources and recover the excess payment over
increase in statutory Levies RCF shall restrict the payment of Statutory the CONTRACTOR'S agreed price, if any, from the CONTRACTOR.
Levies as prevalent on the delivery date, as mentioned in the Purchase Order 20.3.00 RCF also reserves the right to cancel the CONTRACT due to Force
or Work Order and amendment(s) thereto. TENDERER shall submit to RCF Measure conditions and the CONTRACTOR will have no claim of
necessary documentary evidence as may be required to enable RCF to compensation whatsoever.
determine the rates of Statutory Levies applicable on the contractual delivery 21.0.00 Termination of CONTRACT for Convenience.
date. 21.0.01 RCF may by written notice sent to the CONTRACTOR, terminate
15.0.00 Agency Commission the CONTRACT, in whole or in part, at any time for their convenience. The
THE TENDERER should indicate the agency commission included in their Notice of termination shall specify that termination if for RCF's
offer payable to agents in India, if any. The agency commission shall be convenience, the extent to which performance of work under the
payable in equivalent Indian Rupees against separate invoice from Indian CONTRACT is terminated and date upon which such termination becomes
Agents within 30 days after receipt and acceptance of materials. effective.
16.0.00 Tenderer's Obligation. The work that is complete, at the time of receipt of notice of termination shall
i)- To conform to the fabrication schedule provided by him so as to complete be taken over by RCF at the CONTRACT terms and prices.
the work within the delivery period quoted. For the balance work RCF may opt:
ii)- To notify RCF as and when inspections, including pre-shipment a)- to have any portion completed at the CONTRACT terms and conditions.
inspection are due and arrange rework, if any as a consequence of such b)- to cancel the reminder and pay the CONTRACTOR an agreed amount
inspection. for material brought to site for execution of work
iii)- Place goods along side vessel of dock in FAS and on board in case C&F, 22.0.00 Correspondence.
FOB tenders and deliver material free at our Trombay site in case of Indian All correspondence in respect of this invitation to bid should be made in
tenderers. English quoting bid invitation reference number appearing on the front page.
iv)- Provide RCF with clean on board Bill of Lading or clear R.R. Correspondence should be addressed in duplicate to:
v)- Make good any damage or loss or both, until goods are delivered The Operations Manager, Instrument workshop, Rashtriya Chemicals &
alongside in FAS and on board in C&F and FOB contracts and in respect of Fertilizers Limited, Chembur, MUMBAI 400074, INDIA.
Indian Contracts, until goods are delivered or until goods are delivered to fax should be sent at the following nos. Fax No. +91(22) 25522235
carriers in case of ex-factory delivery or until goods are delivered to RCF 23.0.00 Comparative Analysis of Tenders
site in case of free delivery to RCF. All tenderers, in whatever currencies
they are will be converted into Indian Rupees for the purpose of comparison. indicating various events and activities, in his tender. CONTRACTOR shall
The rate of exchange used for such valuation will be those published by the submit to RCF their time schedule in respect of documentation, manufacture
Reserve Bank of India and ruling on the date of opening of the price tender, and supply of equipment, clearly indicating all main or key events such as
unless there is abnormal change in the value of currencies before the award material procurement, manufacturing activities, testing, documentation,
of CONTRACT. In such event the exchange rate ruling at the time of delivery, transportation, erection, etc.
decision to notify the award of CONTRACT to the successful TENDERER RCF representative shall have the right to inspect the manufacturing
will be used. activities at the CONTRACTOR's premises with a view to evaluate the
Comparison will be made between Indian offers (competitive) and Foreign actual progress of work on the basis of CONTRACTOR's ti me schedule
offers on the basis of the landed price. RCF may however, give a margin of given to RCF. RCF reserves the right to appoint third party inspection
price preference to Manufacturers located in India at its sole discretion. agency in addition to RCF's own inspection. All third party's inspection
To determine the best evaluated TENDERER, factors other than the price charge will be paid by RCF, unless otherwise specifically stated in the
will also be taken into consideration. The following points will enter into Purchase Order or Work Order.
evaluation. Notwithstanding the above, in case of the progress in execution of the
i)- Tenders quoting firm price will be given preference over the tender's CONTRACT at various stages is not as per the time schedule or is not
prices subject to escalation. satisfactory in the opinion of the RCF which shall be conclusive or if the
ii)- Guaranteed deliver period as stipulated in the invitation to tender. CONTRACTOR neglects to execute the CONTRACT with due diligence
iii)- Technical Quality (efficiency, reliability and suitability) and expedition or shall contravene the provision of the CONTRACT. RCF
iv)- Terms of payment an Interest rate of 12 %] per annum or such other may give notice of the same in writing to the CONTRACTOR calling upon
rate as decided by RCF from time to time will be used to compute the him to make good the failure, neglect or contravention. Should the
evaluation of prices in case of advance or progressive payments. CONTRACTOR fail to comply with such notice within the period
v)- Tenderers' experience in manufacturing similar equipment for similar considered reasonable by RCF and specified in such notice RCF shall have
duties and whether such equipments are in service and operating successfully the option and be at liberty to take the CONTRACT, wholly or in part, out
at designed conditions. of the CONTRACTOR and make alternative arrangements to obtain the
vi)- Maintainability and availability of maintenance assistance/support ii requirements and completion of the CONTRACT at the CONTRACTOR's
India. risk and cost and recover from the CONTRACTOR all extra cost incurred
vii)- Cost and availability of spare parts. and agreed liquidated damages by the RCF on this account. In such an event
viii)-Cost of vendor's assistance in Erection and commissioning. RCF shall not be responsible for any loss that the CONTRACTOR may incur
ix)- Cost of expediting and inspection. and CONTRACTOR shall not be entitled to any gain. RCF in addition shall
x)- Tenderers' guarantee (nature of warranty and warranty period). have the right to forfeit Security/Performance Deposit in full or part.
xi)- Compliance with tender terms, specifications, drawings and data sheets. LIQUIDATED DAMAGE FOR LATE DELIVERY
xii)- Willingness to give shop drawings of spare parts and main equipments. In the event that the CONTRACTOR fails to
xiii)- Tenders from Indian Public Sector Units. meet the time schedule agreed for submission of documents and/or supply
24.0.00 Terms of payment. of equipments or materials the CONTRACTOR agree for price reduction.
24.0.01 Foreign SuppliersThe material will be paid for the currency of the The agreed price reduction will be calculated on the total CONTRACT price
country of origin. Incase the CONTRACT stipulates erection at the Indian including subsequent modifications if any, and price escalation, if
site the charges for erection will be paid only in Indian currency. Therefore, contractual but exclusive of spare parts.
the TENDERER should clearly mention this amount in the tender. In case of delay in supply of documents total price shall be reduced at the
100% payment shall be made through irrevocable letter of credit against rate of 0.1% for complete week of delay subject to a maximum of 0.5% per
submission of shipping documents and performance bond to cover defect document group.
liability period. The TENDERER shall have to furnish the name of their In case of delay in delivery of equipment/material including shipping
bankers for opening the letter of credit by RCF. documents price shall be reduced at the rate of 0.5% for complete week of
24.0.02 Indigenous suppliers. delay subject to maximum of 5% of CONTRACT value.
RCF's normal payment term is payment within 30 days after receipt and One week's grace period will be granted in the calculation of the delay. Date
acceptance of material at site, provided bank guarantee for performance if of delivery is the date of clean on board Bill of Lading or date of clear R/R
stipulated with the CONTRACT is submitted and in case of direct delivery to our Stores the date of receipt at Stores.
24.0.03 RCF may with hold payment to such extend as may be necessary Notwithstanding the above in the event of protracted delay in delivery, RCF
to protect itself from loss on account of: shall reserve the right either to cancel the CONTRACT wholly or partially
i)- Defective work not remedied. and make alternative arrangement at the risk and cost of the CONTRACTOR
ii)-Failure of the CONTRACTOR to make payment properly or for materials with a notice of seven days to the CONTRACTOR.
or for labour. 27.0.00 Inspection and Testing.
iii)-Reasonable doubts that the CONTRACT cannot be completed with the RCF shall have the option to appoint an Inspection Agency for stage and
balance CONTRACT. final inspection of the equipment/material ordered under the CONTRACT.
iv)-Damage to another CONTRACTOR or to RCF property and probable All testing and trails including those carried out for material, whether or not
filing of claims. manufactured by CONTRACTOR, shall be witnessed by our Inspector. All
v)- For other reasons mentioned else where in NIT. the test certificates in original as required shall be furnished by the
25.0.00 Advance payment. CONTRACTOR. Along with the supply of the equipment/material. The
In case of large contracts if the CONTRACTOR essentially needs any CONTRACTOR shall
advance payment then this should be clearly indicated in the Unpriced arrange where ever necessary and applicable, inspection as per statutory
commercial part of the tender documents. If approved by RCF, such advance provisions such as Indian Boiler Regulation, Indian Electricity Act, Indian
payment will be released only on furnishing of suitable bank guarantee of Explosive Act, etc. The CONTRACTOR shall be responsible for arranging
110 % of advance value of interest bearing BG AN INTEREST RATE OF the visit of the Boiler Inspector Electrical Inspector, Explosive Inspector, or
12 % OR SUCH OTHER RATE AS MAY BE DECIDED BY RCF FROM any such statutory authority for obtaining necessary clearance before the
TIME TO TIME WILL BE USED AT THE TIME OF EVALUATION supply of equipment/material.
TENDER. The equipment shall be despatched only after the inspection and acceptance
26.0.00 Period for the completion of the CONTRACT. certificate issued by the Inspector in writing, unless otherwise provided for
Time is the essence of the CONTRACT. The CONTRACT should be the CONTRACTOR. Copies of the inspection and acceptance certificates
completed as per the time schedule given in the CONTRACT. The time shall be sent to RCF along with the advance copies of the invoice.
schedule includes but not limited to time for submission of drawings for 28.0.00 SUB CONTRACT.
approval, incorporation of comments if any, final approval of drawing by Written consent of RCF should be obtained before the work is sub
RCF. However, if the approval of the drawing is delayed beyond 10 days contracted, in case the CONTRACTOR intends to employ SUB
from the date of receipt of RCF Office, corresponding extension in time shall CONTRACTOR(s). Sub contracting shall not imply any limitation of
be allowed provided CONTRACTOR gives a notice in writing that the CONTRACTOR's liability to fulfill the CONTRACT. Should the SUB
approval in drawing is delayed and requests for extension of delivery period CONTRACTOR, in the opinion of RCF, appear to be unfit to carry out his
correspondingly. The CONTRACTOR shall furnish detailed PERT Chart part of the CONTRACT or the progress of the SUB CONTRACTOR's work
in such that the planned time of completion within the terms of the order is confidential and shall not without the written consent of the RCF be
jeopardized, RCF shall have the right to instruct the CONTRACTOR in published or disclosed to any third party or made used of by the
writing to terminate the SUB CONTRACT without notice or a short notice. CONTRACTOR except for the purpose of implementing the CONTRACT.
This shall not give raise to any claim from SU B CONTRACTOR or relieve 34.0.00 Law governing the CONTRACT
the CONTRACTOR from any of his contractual obligations and This CONTRACT shall be governed by the laws of Union of India for the
responsibilities. time being in force.
Disputes and Arbitration 35.0.00 Negotiations: RCF may not conduct any negotiation for the tender
In the even of any question, dispute or difference arising under the as far as possible. However, RCF reserves the right to conduct negotiation
CONTRACT, the same shall be referred to the sole arbitration of a person if the conditions so warrant.
appointed to the Arbitrator by CMD, RCF. There will be no objection that 36.0.00 Other Requirements
the Arbitrator is in service of RCF that he had to deal with the matters to All tenderers should submit the following documents along with the
which the CONTRACT relates or that in the course of his duties as an commercial part of the tender.
employee of RCF he had expressed views on all or any of the matters in 1)- A certificate signed by Independent Chartered Accountant furnishing the
dispute or difference. The Arbitrator shall give a reasoned or speaking names of any Associated Units of the TENDERER or names of any Units in
award. The award of the Arbitrator shall be final and binding on the parties which any of the Directors/Partners of the TENDERER has any interest. In
to the CONTRACT. In the event of the Arbitrator dying, neglecting or case the TENDERER has no associated unit and/or none of the Directors/
refusing to act or resigning or being unable to act for any reason, it shall be Partners have interest in any other unit(s) they should furnish a certificate
lawful for the CMD. RCF to appoint another Arbitrator in place of outgoing from Chartered Account of this effect.
Arbitrator in the manner aforesaid. The venue of arbitration shall be 2)- CONTRACTOR should declare the name(s) of his or the firm's
Mumbai. partners/relatives if they are working in RCF. If relative(s) of
Transit Risk Insurance. CONTRACTOR is/are working in RCF, a certificate to this effect shall be
All consignments under the CONTRACT, which are despatched to RCF, furnished by the CONTRACTOR.
will be covered for Transit Insurance under RCF's Open General Insurance 3)- CONTRACTOR should furnish the latest Inc ome Tax Clearance
Policy with the underwriters M/s. IFFCO TOKIO Certificate.
GENERAL INSURANCE CO. LTD. 3RD FLOOR,ASRA BUILDING, 182 4)- CONTRACTOR should furnish the Solvency Certificate issued by their
WATERFIELD ROAD,BANDRA (WEST), MUMBAI 400 050, India. Bankers in a sealed cover.
TELEPHONE: +91(22)26404809 FAX: 5)- CONTRACTOR should complete the proforma on "Status of
+91(22)56764400 or such other Insurance Company as may be prescribed TENDERER" as per annexure enclosed.
by RCF from time to time. 6)- CONTRACTOR should furnish Sales Tax Clearance Certificate and if
Advance intimation of dispatch of consignment(s) shall be given by the they are exempted from payment of Sales Tax, the exemption certificate to
CONTRACTOR to our underwriters indicating there in the manner of be furnished.
dispatch, nature of packing, weight and such other details as required for 37.0.00 Force Majeure.
insurance coverage. The CONTRACTOR should ensure that the above Neither the CONTRACTOR nor the RCF shall be considered the default in
information is forwarded under Registered Acknowledgement Due Letter, the performance of their contractual obligations under the order so long as
and acknowledgement received is kept in their record. The contractors shall such performance is prevented or delayed for reasons, such as Acts of God,
also ensure that supply of material is adhered to as per CONTRACT and severe earthquake, typhoon or cyclone (except monsoon) floods, lightning,
packings are as per specifications laid out under Marine Insurance landslide, fire or explosion, plague or epidemic, strikes, lockouts lasting
Guidelines. more than 14 consecutive calendar days sabotage, blockages, war, riots,
CONTRACTOR shall assist RCF, Insurance Co., Surveyors, and any other invasion, act of foreign enemies, hostilities, (whether war be declared or not),
coordinating agency appointed by RCF for early settlement of claim(s) if civil war, rebellion, revolution, insurrection, or military usurped power or
any. confiscation or trade embargoes or destruction or requisition by order of any
CONSIGNMENTS DESPATCHED ON "CIF" OR "FREE DELIVERY TO Government or any public authority.
RCF" BASIS SHALL NOT BE INSURED AGAINST RCF'S OPEN CONTRACTOR shall notify RCF about the occurrence of the force majeure
GENERAL INSURANCE POLICY. events and provided RCF with the details of the arising and ceasing of the
Indigenous Suppliers. impediment. At the end of the impediment CONTRACTOR shall provide
The consignment shall be insured for cost plus freight plus taxes if justificatory documentation countersigned by the Local Chamber of
applicable, with the M/S RELIANCE GENERAL INSURANCE CO.LTD Commerce.
3RD FLOOR, PALAI PLAZA, OPP.PRITAM HOTEL, DADAR T.T. Should one or both the parties be prevented fulfillment of the contractual
MUMBAI:400014, FAX NO.24103779 obligations by a state of force majeure lasting continuously for a period of
or such other Insurance Company as may be prescribed by RCF from time six weeks the two parties shall consult each other regarding the future
to time. The Indigenous Suppliers shall intimate the above underwriters in implementation of the CONTRACT. The mere shortage of labour, materials
writing as soon as the consignment is despatched with dispatch particulars. or utilities shall not constitute force majeure unless caused by circumstances,
Foreign Suppliers. which are themselves, force majeure.
The consignment shall be insured against all the risks including SRCC from CONTRACTOR shall endeavor to prevent, over come or remove the causes
suppliers warehouse to warehouse of RCF with the above underwriters. of force majeure.
Foreign suppliers shall intimate the above underwriters in writing as soon as No ground for exemption can be invoked if the CONTRACTOR failed to
the consignment is despatched from their works with despatch particulars. give timely notice by a Registered Letter and subsequently sup-ported by
Taxes and Duties documentary evidence.
All taxes and duties should be shown separately in the tender where ever 38.0.00 Patent Rights.
applicable. RCF is registered under Central Sales Tax Act as well as The CONTRACTOR shall fully indemnify RCF, its customers and users,
Maharashtra Sales Tax Act. Central or Maharashtra Sales Tax as applicable against any action, claim or demand, costs or expenses, arising from or
should be stated in the quotation. In case of CST `C' Form will be issued. incurred by reason of any infringement or alleged infringement of letters,
Our CST No. is 400074 C.I. dated 01.04.96 and MST No. 400074 S I dated patent, trade mark or name, copyright or other protected rights in respect of
1.4.96. Excise duty as applicable should also be clearly and separately shown any materials supplied. All royalties and the like payment shall be paid
in the tender. CONTRACTOR shall submit all original documents for directly by the CONTRACTOR.
payment of Excise Duty, Customs Duty, Octroi, etc.
32.0.00 Jurisdiction of Court
The CONTRACT shall be deemed to have been entered into at Mumbai and
all causes of action in relation to the CONTRACT will thus be deemed to
have been arisen only within the jurisdiction of the Mumbai Courts.
33.0.00 Secrecy
Any information derived or otherwise communicated to the CONTRACTOR
in connection with the CONTRACT shall be regarded as secret and
ANNEXURE VII
VENDOR DATA UPDATION FORM
Both New Vendors and Existing Venders may please note that details listed below are required and will used for making all
payments POs / WOs, refund of EMDs / SDs, forwarding the details of payments by email, issue of TDS certificates, Works
Contract TDS Certificate, C Form for CST purchases etc.
Vendors registered with RCF and currently receiving payment through Direct Bank Credit need to indicate only the RCF
Vendor code and may not fill and furnish the other details again, if all the details as above are already furnished to RCF
earlier and available in RCF SAP Vendor Master.
Sr.
Title Sub Titles Purpose to be used for
No
Title (Whether Company / M/s
I NAME
/ Mr / Mrs / etc.)
Name ( As it appears on the
*
Bank Cheque)
Type (Whether for Purchases
will be filled by RCF
or Services)
RCF Vendor Code
( for existing RCF Vendors)
RCF Vendor Code
( for new Vendors, RCF will * will be filled by RCF
create and fill)
II ADDRESS House/ bldg. Number *
Street *
Street
City / Postal Code *
District / State *
Country
Region Code will be filled by RCF
District / State (If the state from
which supplies are going to be
SUPPLY
III made is different from the State * To be given, if applicable.
STATE
given above, then specify the
Place / State for C- forms.)
Other Region Code will be filled by RCF
COMMUN
IV Contact person *
ICATION
Telephone incl. ext. STD Code Tel No Extn
Mobile Phone *
Fax STD Code Tel No
Email *
Standard communication
by email only
method
ACCOUNT
V If also a RCF's Customer? Yes / No
CONTROL
Group Key will be filled by RCF
TAX
VI INFORMA CST Reg NO. for C forms
TION
LST No. ( Local VAT REG
NO)
Service Tax Reg. No.
Excise Reg. No.
PAN NO. *
VI DETAILS
Bank Key will be filled by RCF
I OF BANK
Bank Account No. of Vendor *
Name of Bank *
Name of Branch *
Bank IFSC Code *
Bank Branch Code (Only for
SBI accounts)
Bank Address *
Bank City *
9 Digit code appearing on
*
MICR cheque
Telephone No. of Bank STD Code Tel No Extn
Fax No. of Bank STD Code Fax No.
Type of Account (for SB
A/c=10, Current A/c=11 or *
CC=13 )
Region will be filled by RCF
VI REFEREN Industry (whether psu, air
II CE DATA force, military, Govt, others)
Micro / SSI Status (Whether
Micro , Small, Medium
Enterprise under Micro , Small
and Medium Enterprises
Development Act, 2006)
For new
vendors :
1 It is mandatory ( Compulsory) to fill relevant data for item marked " * "
2 Enclose a blank cheque / a photocopy of the cheque.
3 Enclose a photocopy of Pass Book first page containing name and address of Account Holder
4 We hereby authorise RCF Ltd to make all payments to us by Direct Credit to our Bank Accounts details of which are given
above.
5 We hereby authorise RCF Ltd to deduct bank charges applicable for such Direct Bank Payments
Signature ..............................
.........
Place Common Seal Name ..............................
.........
Date Designation ..............................
.........
ANNEXURE - A
INSTRUCTIONS TO MICRO AND SMALL ENTERPRISES (MSEs)
With reference to the Order of the Ministry of MSME , under the Public Procurement Policy March 2012 , Micro and
Small Enterprises shall be entitled for benefits, subject to terms and conditions, as under:
a) Qualifying Criteria for MSEs , SC/ST vendors :
i. MSE bidders must submit registration certificates from any of the following (or any other body specified by the
Ministry of MSME) :
National Small Industries Corporation (NSIC)
District Industries Centres (DIC)
Coir Board
Khadi and Village Industries Commission(KVIC)
Khadi and Village Industries Board(KVIB)
Directorate of Handicrafts and Handloom
Udyog aadhar Memorandum
ii. SC/ST owned enterprises ( i.e. SC/ST proprietorship, or holding minimum 51% shares in case of Partnership
/Private Limited Companies) shall additionally submit relevant SC/ST certificates issued by any of the following:
District/Additional District Magistrate /Collector/Deputy Commissioner/ Additional Deputy Commissioner/Deputy
Collector /1st Class Stipendiary Magistrate/Sub-divisional Magistrate / Taluka Magistrate / Executive Magistrate/
Extra Assistant commissioner.
Chief Presidency magistrate /Additional Chief Presidency magistrate /Presidency magistrate
Revenue Officer not below the rank of Tehsildar
Sub-divisional Officer of the area where the individual and/or his family normally resides
iii. The registration shall be valid as on date of p l a c e m e n t of order. A self- attested photocopy of the relevant
certificate shall be submitted as a support document.
iv. The registration must be for the items/category of items /services relevant to the tendered items/category of
items/services.
(b) Purchase Preference for MSE :
In tenders, where the L1 (evaluated price) bidder is a non-MSE, up to 20% of the tendered quantity shall be
allowed to be supplied by participating MSEs provided that the tendered quantity is divisible into two or more
orders and adequate for the purpose; all qualifying bidders have agreed for acceptance of part-order quantity and
participating MSE matches the L1 rate.
A share of 4% out of this 20% shall be allowed to be supplied by participating MSEs owned by Scheduled
Cast/Scheduled Tribe entrepreneurs. In the case of an SC/ST owned MSE failing to participate in the tender or
not meeting the tender requirements, this 4% sub- target shall be met by other participating MSEs . The above shall
be subject to that the participating MSE (including SC/ST) bidders shall have quoted a price within +15% of the
L1 bid price and further that they shall agree to match their quoted price with the L1 price.
In case that two or more MSEs are within the L1 +15% band, all such MSEs will be offered the opportunity to
match the L1 rate and 20% of the order will be shared equally by them.
Where the MSE is SC/ST owned, they shall be exclusively awarded a share of 4% of the above 20% in addition
to equally sharing the balance 16% with other non-SC/ST MSEs
In case of more than one SC/ST MSE matching the L1 price, they shall equally share 4% of the order, and
additionally share the balance 16% with other non-SC/ST MSE bidders.
(c) Exemption from Earnest Money Deposit (EMD)/ Tender cost and Security Deposit (SD) for MSE:
i) Tenders shall be provided free of cost and tender documents are downloadable from the websites of RCF (http://
www.rcfltd.com) and the Central Public Procurement (CPP) Portal (http://www.eprocure.gov.in/epublish/ app) or
can be obtained from the Office of Dy. General Manager (Purchase)/ Dy. General Manager Commercial ).
ii) MSE units qualifying as at (a) above shall be exempt from paying EMD.
iii) No exemption shall be allowed for the submission of security deposit / performance bank guarantee, if applicable in
particular tender.
Notes:
The above benefits shall be allowed to only manufacturing micro and small enterprises and not to traders / agents for
supply of material / stores. This includes the procurement of items from the list of specifically reserved 358 items for
MSE as per policy.
Bidders registered under the "services" category shall not be considered for supply of material / stores
ANNEXURE B
Terms and Conditions related to GST & Tax Compliance Clauses
As Goods and Service Tax is implemented from 1.07.2017, bidders may furnish the following details in their
bid:
1. GST Registration Number (15 digit GSTIN). In case you have multiple business verticals in a state and having
separate registration for each business vertical, GSTIN of each vertical concerned with the supply and service
involved, as per the scope of NIT to be informed to RCF.
GST registration number:
Name of Company
Registered address of company:
2. If supply / service provided is from multiple states, then please mention state wise GST Registration Number for
each state separately.
3. If bidder is not liable to take GST registration, i.e., having turnover below threshold of 20 lacs ( 10 lacs for NE &
special Category States), bidders need to submit undertaking / indemnification (format will be furnished by RCF) against
tax liability. Further the bidder should notify RCF within 15 days from the date of becoming liable to GST and such
registration should be submitted to RCF.
4. Those bidders who have opted for Composition scheme under GST, they have to submit a declaration to RCF
indicating their GST registration no.
5. HSN (Harmonized System of Nomenclature) code for the goods being supplied by the vendor for each item covered
under this NIT has to be declared in the Technical bid (Annexure IV).
6. Services Accounting Code (SAC) for classification of services under GST for each item covered under this NIT has to
be declared in the Technical bid (Annexure IV).
Tax Compliance Clauses
1. Vendor/Supplier/Contractor /Contractor shall ensure timely submission of invoice(s) as per rules/ regulations of
GST with all required supporting document(s) within a period specified in Contracts/ LOA to enable RCF to avail
input tax credit. Further, returns and details required to be filled under GST laws & rules should be timely filed
by supplier with requisite details.
2. Vendor/Supplier/Contractor would promptly pay GST, as per law, for the supplies made to RCF Ltd and would
upload returns within the prescribed time to enable RCF Ltd., to avail the input tax credit [ITC].
3. All necessary adjustment vouchers such as Credit Notes / Debit Notes for any short/excess supplies or revision
in prices or for any other reason under the Contract shall be submitted to RCF Ltd., as per GST provisions.
4. In the event of default on his part in payment of tax and submission / uploading of monthly returns, RCF is well
within its powers to withhold payments, especially the tax portion, until Vendor/Supplier/Contractor corrects the
default and / or complies with the requirements of GST and produces satisfactory evidence to that effect or upon
GST appearing on the Company GST portal.
5. If, as a result of any delay or default on his part, RCF Ltd., is rendered unable to avail ITC, he would, at his own
cost, get the shortcoming rectified in the return to be filed immediately thereafter.
6. In case GST credit is delayed/ denied to RCF reversed subsequently as per GST law, due to non/delayed receipt
of goods and/or services and/or tax invoice or expiry of timeline prescribed in GST Law for availing such ITC, non-
payment of taxes or non-filing of returns or any other reason not attributable to RCF, GST amount shall be
recoverable from Vendor/Supplier/Contractor along with interest levied/ leviable on RCF.
7. In the event of delay getting ITC to RCF Ltd., due to reasons attributable to the Vendor/Supplier/Contractor,
RCF Ltd., reserves the right to recover interest at 12% on the tax credit so available for the number of days
the ITC was delayed. RCF may recover such amount from the Security Deposit or any such Deposit / Credit
Balance / future payments. Accordingly, RCF will raise Invoice/Debit note on the Vendor/Supplier/Contractor.
8. RCF Ltd., reserves the right to suspend / cancel / terminate the contract in the event of frequent / multiple
/ repeated defaults by the Vendor/Supplier/Contractor in complying with the above requirements as per GST
and Vendor/Supplier/Contractor shall be put under Holiday list as mentioned in the Contract
9. In case the short coming is not rectified by the Vendor/Supplier/Contractor and RCF ends up in reversal of
credits and / or payments, Vendor/Supplier/Contractor is fully liable for making good all the loss incurred by
RCF as a result of default.
10. Advance payments Vendor/Supplier/Contractor should issue Receipt vouchers immediately on receipt of
advance payment and subsequently issue supplies along tax invoice after adjusting advance payments as per
Contractual terms and GST Provisions.
11. Anti-profiteering Vendor/Supplier/Contractor agrees unconditionally that any benefit arising, either
directly or indirectly, out of implementation of GST is mandatorily passed on to RCF Ltd.
12. Anti-profiteering / Re-negotiation As far as the un-executed portion, as on 30th June, 2017, of the
Contract is concerned, it is lawful for the Company to renegotiate the compensation payable for the balance
part of the contract and the Vendor/Supplier/Contractor is under an obligation to pass on the benefit arising,
either directly or indirectly, out of implementation of GST.
13. Any GST liability arising on RCF under reverse charge before actual receipt of goods and or services and/or
invoice thereof would be subject to recovery of interest leviable for the period between the date of such
liability and actual date of eligibility of ITC based on receipt of goods, receipt of invoices and other conditions
specified in GST law, as applicable.
14. In case the GST rating of vendor on the GST portal / Govt. official website is negative / black listed, then
the bids may be rejected by RCF. Further, in case rating of bidder is negative / black listed after award of
work for supply of goods / services, then RCF shall not be obligated or liable to pay or reimburse GST to such
vendor and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any,
incurred by RCF.
15. To make the ITC is available to RCF promptly, the vendor / contractor undertakes to upload scanned copy of
invoice with the supporting documents in the portal specifically designed for the purpose in RCF website within
3 days of dispatch /7 days of completion of service from his end. Non-compliance of the same shall attract
the penal clauses as may be reasonably decided RCF.
16. Any late delivery i.e., delivery after the due date attracts payment of damages by the vendor / contractor as
agreed mutually. It is agreed by the Contractor that such damages become recoverable by RCF with applicable
GST thereon.
SIGNATURE WITH STAMP
(On all Pages)
20 | P a g e
ANNEXURE - C
Procedure for action against an Agency in case of corrupt / fraudulent/ collusive / coercive
practices and persistent poor performance / un-satisfactory performance.
Definitions:
A.1 "Fraud" is a willful act or omission, intentionally committed by an individual either acting independently or
in group(s) - by deception, connivance, suppression, cheating or any other fraudulent or illegal means,
thereby, causing wrongful gains to self or any other individual and / or wrongful loss to others. This also
includes abetment of any act mentioned above. Many a times such acts are undertaken with a view to deceive
/ mislead others, leading them to do or prohibiting them from doing a bonafide act or take bonafide decision
which is not based on material facts.
Ä.2 "Corrupt Practice" means the offering, giving, receiving or soliciting, directly or indirectly, anything of value
to improperly influence the actions in selection process or in contract execution. "Corrupt Practice" also
includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other
benefit may be obtained or an obligation avoided.
A.3 "Collusive Practice amongst bidders (prior to or after bid submission)" means a scheme or arrangement
designed to establish bid prices at artificial noncompetitive levels and to deprive the Employer of the benefits
of free and open competition.
A.4 "Coercive practice" means impairing or harming or threatening to impair or harm directly or indirectly, any
agency or its property to influence the improperly actions of an agency, obstruction of any investigation or
auditing of a procurement process.
A.5 "Moral turpitude" means to be a conduct contrary to justice, honesty, modesty or good morals and contrary
to what a man owes to a fellowman or to a society in general.
A.6 "Party/Contractor/Supplier/Vendor/Consultant/Bidder/Licensor" shall mean and include but not limited to a
public limited company or a private limited company, a joint venture, Consortium, HUF, a firm whether
registered or not, an individual, a co-operative society or an association or a group of persons engaged in
any commerce, trade, industry etc is herein referred as "Agency"
A.7 "Company/Organization/Employer/Purchaser" is herein referred as "RCF Ltd".
1.0) HOLIDAY LISTING OF AN AGENCY: -
In the following circumstances, an Agency can be put on 'holiday list', for a minimum duration of one
year and up-to a maximum period of three years by RCF Ltd: -
a) In case of non-performance or poor performance, unsatisfactory performance, no response consistently
with respect to delivery, not meeting delivery schedule, poor quality and workmanship despite repeated
request to improve performance.
b) In case of problems at the Agency end such as labour, financial, legal etc. which are not likely to be
resolved by the Agency in next one year.
c) Litigation, including arbitration proceedings, against or by the Agency, which is likely to have an
adverse impact on the company, till the dispute is settled.
However, before an Agency is put on holiday, the shortcomings will be brought to the notice of the Agency, in
writing, and proper notice specifying the grounds therein will be given in writing of the intention of RCF Ltd to
put them on Holiday if the Agency does not rectify the breaches within a specified period of time. One weeks'
time will be given to the Agency to offer their explanation. If the explanation is not found to be satisfactory or no
explanation is received from the Agency within the stipulated time period, action / approval for putting the
Agency on holiday shall be taken
by the company without any further notice. Such action would be in addition to other remedies that would be
exercised by RCF Ltd. The name of the Agency put on holiday will be displayed on company website and the
Agency shall be put on Holiday in all units of the company.
Depending on the severity of the default by the Agency, RCF Ltd can also De- list the Agency in addition to
Holiday. In the mean - time, further tenders will not be issued to such an Agency. Offer of such an Agency shall
not be considered in RCF tenders.
2.0) DELISTING OF AN AGENCY: - Necessity may arise for deletion of the name of an approved
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Agency for a number of reasons. Some of which could be:
a) Fall in credit rating of the Agency.
b) Death of the proprietor, in case of single proprietary firm.
c) Bankruptcy/insolvency of the Agency.
d) Splitting/merger/closure/ change in constitution of the Agency.
e) Directive of Board/ Govt. Financial institution/ Court.
Period of De- listing shall be for a minimum period of one year. How -ever RCF Ltd at its discretion can delist
the Agency for a maximum period of five years. Name of the De-listed Agency will be displayed on company
website and will be on De-listed list in all units of the company. In the mean-time, further tenders will not be
issued to such an Agency.
3.0) BLACKLISTING OF AN AGENCY: - An Agency may be black-listed by the company where: -
a) There are sufficient and strong reasons to believe that the Agency or his employee have been guilty of
unethical or malpractice(s) including formation of cartel, bribery, corruption and fraud including
substitution and in execution of PO/WO, smuggling, pilfering, unauthorized use of or disposal of
Company's property / materials issued for specific work or
b) Agency continuously refuses to pay Company's dues without showing adequate reasons or
c) Agency (Director/Owner of the Agency, proprietor or any partner(s) or representative of the Agency)
have been convicted by a court of law for offence involving moral turpitude in relation to business
dealing(s) or
d) Security considerations including suspected security considerations to the Company is envisaged.
In all the above cases from (3a to 3d) a Show Cause notice as to why the Agency should not be Blacklisted will
be sent to the Agency. The notice will specify clearly the grounds for considering the Agency for blacklisting and
one weeks' time will be given to the Agency to offer their explanation. If the explanation is not found to be
satisfactory or no explanation is received from the Agency within the stipulated time period, action / approval for
blacklisting shall be taken by the company without any further notice. Period of blacklisting will be minimum for
five years.
In case if an Agency is registered for more than one item of supply /work, the decision regarding blacklisting
would apply to all the items of supply /works /units of the company.
All the running contracts/other works with the Agency will be terminated immediately after blacklisting. Name
of the blacklisted Agency will be displayed on Company website in all units of the company. No further tenders
shall be issued to such an Agency.
In-case the Agency is put on Holiday list or on blacklist or gets delisted, EMD and SD, if any, submitted by the
Agency shall stand forfeited. EMD/SD/PBG/available balance of other contracts of the same Agency shall also
be considered for forfeiture, for the recovery towards any risk and cost amount, if applicable.
Note:
1. Agency shall note that all the points mentioned or stated above under Clause 1.0, 2.0 and 3.0 are only illustrative and not
exhaustive. This does not prevent RCF Ltd from taking action against Agency for any other act that may not have been
mentioned or stated above but the same falls under the gamut of fraudulent activity and considered as such by RCF Ltd.
2. If it is observed during bidding process / bid evaluation stage or during execution of contract or after execution of contract
but during defect liability period that the Agency has indulged in corrupt/fraudulent/collusive/coercive practices, the
Agency shall be banned for future business dealings with RCF Ltd for a period specified in the above referred clauses
and the EMD/SD/PBG as the case may be, submitted by the Agency stands forfeited.
3. In case if an Agency has been put on holiday list or on blacklist or has got delisted in any other PSU or by Govt. Of India,
offer of such an Agency shall not be considered in RCF tenders.
SIGNATURE WITH
STAMP
(On all Pages)
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ANNEXURE D
CONDITIONS RELATED TO INTEGRITY
RCF is committed to ensure that it carries its business with integrity and transparency. The Company has framed rules to avoid all forms
of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent
to the currency of the contract to be entered into with a view to :-
Enabling RCF to procure/ undertake the Project/Work (Delete what is not applicable) at a competitive price in conformity with the defined
specifications by avoiding the high costs and the distortionary impact of corruption on public procurement, and Enabling BIDDER to
abstain from bribing or indulging in any corrupt practices in order to secure the contract by providing assurance to them that their
competitors will also abstain from bribing and other corrupt practices and RCF will commit to prevent corruption, in any form, by its
officials. RCF has therefore laid down the following transparent procedures (wherever required is referred to as the 'Integrity Pact') which
is expected to be adhered by the Company as well as the BIDDER:
1. Commitments of RCF:
1.1 RCF undertakes that no official of RCF, connected directly or indirectly with the Project/Work, will demand, take a promise for
or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or
any other advantage from the BIDDER, either for themselves or for any other person, organization or third party related to the
contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the
contract.
1.2 RCF will, during the pre-contract stage, treat all BIDDERs alike, and will provide to all BIDDERs the same information and will
not provide any such information to any particular BIDDER which could afford an advantage to that particular Bidder in
comparison to other BIDDERs.
1.3 In case any preceding misconduct on the part of any official(s) is reported by the BIDDER to RCF with full and verifiable facts,
necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by RCF and
such a person shall be debarred from further dealings related to contract process. In such a case while an enquiry is being conducted
by RCF the proceedings under the contract would not be stalled.
2. Commitments of BIDDER:
2.1 The BIDDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during
any stage of its bid or during any pre-contract or post-contract stage in order to secure the contract or in furtherance to secure it
and in particular commit itself to the following:
2.2 The BIDDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the RCF, connected directly
or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the contract.
2.3 The BIDDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement
to any official of RCF or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining
or execution of the contract or any other contract with RCF for showing or forbearing to show favour or disfavour to any person
in relation to the contract or any other contract with RCF.
2.4 BIDDER shall disclose the name(s) and address(es) of foreign principals, associates, agents and distributors, advisors,
representatives and sub-contractors.
2.5 BIDDER shall disclose the payments to be made by them to agents/ brokers or any other intermediary, in connection with this bid/
contract.
2.6 The BIDDER further confirms and declares to RCF that he has not engaged any individual or firm or company, whether Indian or
foreign, to intercede, facilitate or in any way to recommend to RCF or any or its functionaries, whether officially or unofficially to
the award of the contract to the BIDDER, nor has any amount been paid, promised or intended to be paid to any such individual,
firm or Company in respect of any such intercession, facilitation or recommendation.
2.7 The BIDDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose
complete details of any payments made, is committed to or intends to make to any officials of RCF or their family members, agents,
brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
2.8 The BIDDER will not collude with other parties, interested in the contract, to impair the transparency, fairness and progress of the
bidding process, bid evaluation, contracting and implementation of the contract.
2.9 The BIDDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities.
2.10 The BIDDER shall not use improperly, for purposes of completion or personal gain, or pass on to others, any information provided
by RCF as part of the business relationship, such as plans, technical proposals and business details including information contained
in any electronic data carrier. The BIDDER also undertakes to exercise due and adequate care to ensure that no information is
divulged to others.
2.11 The BIDDER commits to refrain from giving any complaint in connection with the Project, directly or through any other manner,
without supporting it with full and verifiable facts.
2.12 The BIDDER shall not instigate or cause to instigate any third party to commit any of the actions afforested.
2.13 If the BIDDER or any employee of the BIDDER or any person acting on behalf of the BIDDER, either directly or indirectly, is a
relative of any of the employees of RCF, or, if any relative of an employee of RCF has financial interest/stake in the BIDDER, the
same shall be disclosed by the BIDDER at the time of filing the tender. The term `relative' for this purpose would be as defined in
Companies Act, 1956 or any modifications thereof.
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2.14 The BIDDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly,
with any employee of RCF.
3. Previous Transgression
i. The BIDDER declares that no previous transgression occurred in the last three years, in respect of any corrupt practices envisaged
hereunder, and/or with any Public Sector Enterprises/ Government department that could justify BIDDERs exclusion from the
tender process.
ii. The BIDDER agrees that if it makes any incorrect statement in the bid, BIDDER can be disqualified from the tender process of
the contract, and if already awarded, the Contract can be terminated for such reason.
4. Earnest Money / Security Deposit
4.1 The value and the validity of the Earnest Money / Security Deposit required to be given by bidder shall be as mentioned in NIT.
4.2 In case the successful BIDDER violates any of the terms of NIT, RCF shall be entitled to forfeit the EMD/SD without assigning
any reason.
5 Sanctions for violations
5.1 Any breach of the aforesaid provisions by the BIDDER or any one employed by it or acting on its behalf (whether with or without the
knowledge of the BIDDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the BIDDER)
shall entitle RCF to take all or any one of the following actions, wherever required:-
i) To immediately call off the pre contract negotiations without assigning any reason or giving any compensation to the BIDDER.
However, the proceedings with the other BIDDER(s) would continue.
ii) The Earnest Money Deposit (in pre-contract stage) and /or Security Deposit/Performance Bond (after the contract is signed) shall
stand forfeited either fully or partially, as decided by RCF, without assigning any reason therefor.
iii) To immediately cancel the contract, if already signed, without giving any compensation to the BIDDER.
iv) To recover all sums already paid by RCF, together with interest thereon at 2% higher than the prevailing Lending Rate of State
Bank of India or at 2% higher than LIBOR as may be applicable based on whether the bidder is an Indian party or a foreign party.
If any outstanding payment is due to the BIDDER from RCF in connection with any other contract for any other Project/Work/
Supply, such outstanding payment could also be utilized to recover the aforesaid sum and interest.
v) To encash the advance bank guarantee and performance bond/ warranty bond, if furnished by the BIDDER, in order to recover
the payments, already made by RCF, along with interest.
vi) To terminate all or any other Contracts with the BIDDER. The BIDDER shall be liable to pay compensation for any loss or
damage to RCF resulting from such termination and RCF shall be entitled to deduct the amount so payable from the money(s)
due to the BIDDER.
vii) To debar/blacklist the BIDDER from participating in future bidding processes of RCF for a minimum period of five years, which
may be further extended at the discretion of RCF.
viii) To recover all sums paid, in violation of this Pact by BIDDER to any middleman or agent or broker, with a view to securing the
contract.
ix) In case where irrevocable Letters of Credit have been opened in respect of any contract signed by RCF with the BIDDER, the
same shall not be operated.
x) Forfeiture of Performance Bond in case of a decision by RCF to forfeit the same without assigning any reason for imposing
sanction for violation of this Pact.
5.2 RCF will be entitled to take all or any of the actions mentioned at para 5.1 (i) to (x) also on the Commission by the BIDDER or any
one employed by it or acting on its behalf (Whether with or without the knowledge of the BIDDER) of an offence as defined in
Chapter IX of the Indian Penal code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of
corruption.
5.3 The decision of RCF to the effect that a breach of the provisions of the conditions has been committed by the BIDDER shall be final
and conclusive on the BIDDER. However, the Bidder can approach the Independent Monitor appointed for the purposes of this Pact.
6. Facilitation of Investigation
In case of any allegation of violation of any provisions of these terms or payment of commission, RCF shall be entitled to examine all the
project documents of the BIDDER and the BIDDER shall provide necessary information and documents in English and shall extend all
possible help for the purpose of such examination.
7. Law and Place of Jurisdiction
Indian Law shall be applicable to the NIT and Courts in Mumbai shall have Jurisdiction.
8. Other Legal Actions
The Actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the
provisions of the extant law in force relating to any civil or criminal proceedings.
9. Validity
9.1 The validity of this Integrity Pact shall be from date the NIT is issued and extend upto two years from the date of last payment under
the contract. In case BIDDER is not awarded Contract/Purchase Order, this Integrity Pact shall expire after twelve months from the
date of issue of the NIT.
9.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of this Pact shall remain valid. In this case, the parties
will strive to come to an agreement to their original intentions.
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ANNEXURE E
Statutory / Mandatory Clauses
1. The Central Govt., has revised Minimum Wages effective from October, 2017 by almost revising Basic wage which is a component
of Minimum Wage every after 5 years is revised normally, whereas, Special Allowance (VDA) is revised six monthly.
Minimum Wage consist of Basic Wage and the Special Allowance (Special Allowance declared every six monthly). The contractor
while quoting the Rates must take into account the existing Minimum Wage of Central Govt., applicable to RCF which is notified
by the Dy.Chief Commissioner (Central Govt.), Mumbai time to time.
Note: It is to be noted that both the Central Govt, and the State Govt. have notified the rates of the Minimum Wages. The
rates of the Minimum Wages whichever is higher will be applicable in respect of the specific `Scheduled Employment', as
declared by the Dy.Chief Commissioner (Central Govt.), Mumbai time to time. At present, Minimum wage rates of Central Govt.
notified by the Dy.Chief Commissioner (Central Govt.) is applicable.
2. Uniform rate of Minimum wages are applicable throughout RCF as per the applicable category as Unskilled, Semi-Skilled, Skilled
workers who are going to be engaged by the Contractors. The Contractors therefore, must ensure that the applicable Rates of
Wages are quoted with the applicable Statutory overheads i.e., PF @ 13.15% on Basic + DA, ESI @ 4.75% on total gross wages
or the Minimum Wages and the Bonus presently at the Applicable rates of Minimum Wages for the scheduled employment subject
to minimum of Rs.7,000/-. Bonus to be paid at least 8.33% (Finance Year) of the bonusable salary or one month minimum wages
payment bonus, leave salary and other items like Uniform/ Safety requirements are to be maintained while quoting the rates/bid
including the Service Charges.
3. Please note that the rates and the statutory estimated prices must be including of Contractors service charges and the applicable
taxes. In other words, an official bid to be quoted by the Contractor must cover the Payment of Minimum Wage and all the types
of Statutory Liability and the Service Charges quoted by the Tenderer.
4. Minimum Wages and the Statutory Overheads Contractors while estimating the amount and the quoted rates have taken into
consideration the existing applicable rates of Minimum Wage, the nature of job for which the rates are quoted with Statutory
Overheads and the Statutory Liability.
5. The Contractor while estimating quoted rates must consider anticipated six monthly increase on account of Special Allowance
(Variable DA) and statutory overheads on increased Special Allowance (VDA) which at any cost, shall not be reimbursed by RCF.
6. As regards, increase in Basic wage after revision which normally increases after periodicity of five years the same increased
amount on the existing Basic Wage will be reimbursed at actual with Statutory Overheads on increased amount, in respect of
the Contract Manpower, which are mentioned in the Work Order /NIT to be engaged. In addition, any statutory increase in
contribution, benefits or otherwise (other than Special Allowance or VDA) under any Law/Enactments/Notifications will be
reimbursed at actual with statutory overheads.
7. Any violation of any of the statutory payment based on any written complaint or any Authority or Agency representing workers
shall attract penalty as decided by Execution Dept., including the cancellation of contract or legal action as per the Laws.
8. The rate quoted shall be responsive and the same should be inclusive of all statutory obligations such as Minimum Wages, ESI,
PF Contributions, wages for leave reserve, service charges, all kinds of taxes etc.
9. i) The interested bidder should have on his own name, a separate/ individual ESI & PF and other Tax No., irrespective of the
irapplicability of Acts as an individual Establishment, since the RCF premises is covered under the different Acts.
ii) The agency should be covered under the EPF & MP Act and ESIC Act and shall extend all the benefits of PF & ESIC to the
Contract employees and comply with all other Statutory Regulations, Service Tax rules , GST TAX and Labour Laws. Copies
of Registration should be enclosed.
A certified copy of monthly PF-ECR and monthly ESI contribution Copy from respective websites should be submitted monthly
with Wage Register copy and NEFT statement of salary made to workers.
i) The agency must have obtained the applicable Labour Licence from Labour Dept., (Appropriate Authority) for engaging
workers and that of including Sub-Contractors also.
Sub-Contractors should not be engaged without the written permission of the Execution Dept., and the consent of HR Dept. This
should be strictly followed.
10. The Contractor must give an Undertaking Indemnifying the RCF Company against any sort of payment/ claims which may arise
against any applicable laws of the land whether prospectively with the retrospective effect for the period of liability of Contract
period. Company will not be held responsible.
11. The Contractor must give two bids separately, one Technical Bid and another Financial Bid (IF applicable as per NIT). In
addition, three declarations, Contractor has to submit before executing the work/ engagement of workers.
25 | P a g e
a) Proforma of Financial Bid (as enclosed) (Execution Dept., may devise separate Proforma as per Types of Contracts)
b) Proforma of declaration/Undertaking
c) Proforma of Declaration regarding Black listing /debarring for taking part in the Tender.
d) Proforma of details to be submitted while engagement/ entry level permission to HR.
e) The following documents are to be submitted:
Every Contract employee entering in RCF premises should have his independent Provident Fund UAN No. under PF Act
and also an individual insurance No. (TIC) under the ESI Act.
The details of the Contract employees who enter the premises during the month with the above individual details, the
statement should be submitted by the Marketing Area Office to the HR department, Trombay through Execution
Department.
Copy of the Electronic Challans showing proof of payment under the Statutory Act i.e. PF & ESI should be submitted
along with the copy of bank statement proving the fact that the amount has been credited to the respective authority
under the said Acts.
Copy of Monthly salary /Wage Register duly certified by the Representatives of RCF Area wise having paid
wages/salary mentioning cheque no. details about payment given or salary credited to the Contract employees bank
account should be submitted with NEFT/ECS statement or with the above said documents.
12. The Contract Labour and the Supervisors of the Contractors should not be above 60 years of age. The Contractor must produce
valid proof the same. Any violation will be dealt seriously. Any retired/separated contract labour should not be re-engaged as
Labour Supervisor even though he/she may not be completing 60 years of age.
13. It is mandatory on the part of Contractor to pay/ quote wages as per the applicable Central Minimum Wages Act. It is to be
noted that as per Section 23 & 24 of the Indian Contract Act, 1872, an Agreement / Contract is unlawful if it is forbidden by
any law or is of such a nature that, if permitted, it would defeat the provisions of any law. Therefore, quoting/ payment of wages
below minimum Wages is unlawful.
14. Submission of Corporate Governance Certificate about Compliance of all Labour Laws:
Under Companies Act, 2013 (Clause 49), it is mandatory requirement of the Principal Employer to certify that the Contractors
are complying with all Labour Laws pertaining to the Payment of Minimum Wage including temporary Contact workers, Contribution
deposited Regularly towards ESI & PF, Payment of Statutory Bonus so as to state that the Contractors of the Company are
strictly adhering to the rules and regulations and are not violating any applicable Labour Laws. Hence, each Contractor/Agency
to give monthly Undertaking with supportive documents stating that they are complying all Laws applicable for all the Contract
workers including temporary workers engaged at RCF site (Proforma attached as Annexure "E"). and which should be counter
verify by the Execution Dept. and after certification month wise, it is forwarded to HR Department.
15. Weekly Off/Holiday:
All the Contract Employees must mandatorily be given a weekly day off (full day). All Contract Employee to get at least a three
National Holidays (26th January, 15th August and 2nd October) as paid Holidays and also Company's Paid Holidays. Workers working
on Weekly off days/ holidays must get substitute holiday/ double Overtime.
16. The above clauses along with other Standard Conditions clauses pertaining to HR will be a part of NIT.
17. The written confirmation from the Contractor that he/she have obtained the Police Verification Certificate from the concerned
Police Authority in respect of the contract labours engaged by him/her at RCF Site being CISF requirement.
18. The Contractor shall ensure that local labour skilled and /or unskilled to the extent available shall be employed in this work. In
case of non-availability of suitable local labour in any category out of the above person, labour from outside i.e. migrant workers
can be engaged. The necessary permission/compliances of applicable laws shall be made by the contractor.
Penalty for late payment of Statutory Dues (i.e ESI, PF....etc)
Statutory payment of contributions towards ESI & PF in respect of wages/salary of the Contract employees is required to be
deducted and paid by 15th of the next month. Under these Acts, interests and damages as per provisions, to be levied, are as below :
1. Interest : Minimum 12% rate of interest for delay even for one day.
2. Regarding Damages : Rates being imposed are as below:
a. Delay one day to two months - 5%
b. Two months to four months - 10%
c. Four months to six months - 15%
d. More than six months - 25% (limited to 100% of wages only)
The Government Departments i.e. u/s Employees Provident Fund & Employees State Insurance Corporation will take necessary actions
in due course of time for delay payment of deposition.
Contractors has to pay the statutory dues in time i.e. 15 th of next month and as an administrative measures to enforce discipline &
uniformity of penalty of 2% charges on the Challans/bills/invoice amount.
Signature & Seal of Authorized Signatory of the Agency
26 | P a g e
Proforma / Undertaking
Declaration
I / we undertake that the payment to the employees will be made as per Minimum Wages Rates prescribed
by the Government of India from time to time under Minimum Wages Act or as prescribed in the indent of
the RCF Ltd. and applicable statutory payments on account of EPF & ESI.
We have gone through the terms & conditions stipulated in the tender document and confirm to abide by
the same.
No other charges would be payable by RCF Ltd.
Signature & Seal of Authorized Signatory of the Agency
-------------------------------------------------------------------------------------------------------------------------------------
Proforma / Undertaking
DECLARATION REGARDING BLACKLISTING/DEBARRING FROM TAKING PART IN TENDER
(To be executed and attested by Public notary / Executive Magistrate on Rs. 10/- non judicial stamp paper
by the tenderer.)
1) I / We _________________________________________ (Tender) hereby declare that the tender namely
M/s. _________________________________ has not been blacklisted or debarred in the past by Union / State
Government or any Organization from taking part in Government tenders in India and has no litigation in any
of the court(s)
Or
I / We ______________________________________ (Tender) hereby declare that the tender namely M/s.
_______________________________________ was blacklisted or debarred by Union / State Government or
any Organisation from taking part in Government tenders for a period of __________ years w.e.f. ______ to
_________. The period is over on ________ and now the firm/company is entitled to take part in Government
tenders.
2) In case the above information found false I/We are fully aware that the tender/ contract will be
rejected/cancelled by RCF Ltd.
Agency / Deponent
Attested: Name__________________
Public Notary / Executive Magistrate) Address________________
Signature & Seal of Authorized Signatory of the Agency
Signature Not Verified
27 | P a g e Digitally signed by LEENA SAMEER NAIK
Date: 2018.11.15 11:03:32 IST
Location: eProcure
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