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Steel Authority of India Limited

Bhilai Steel Plant


(A Maharatna, Government of India Undertaking)

INTERNATIONAL COMPETITIVE BIDDING FOR

DEVELOPMENT

OF

14 Mtpa IRON ORE MINE AT ROWGHAT

Tender No.: DGM/PCC/TK/5(727)R/2016/3239 Date: 27.08.2016

Last Date of Bid Submission:27/10/2016 till 14:00 Hours IST.

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Table of Contents

Chapter Particulars Page No.


No

DISCLAIMER 3–4

1 INVITATION TO BID 5–7

2 BID PROCESS TIMELINES 8–9

3 DEFINITIONS 10 – 16

4 INTRODUCTION 17 – 22

5 OBJECTIVE AND BROAD STRUCTURE 23 – 27

6 QUALIFYING CRITERIA 28 – 33

7 INSTRUCTIONS TO BIDDERS 34 – 47

FORMATS
FORMAT 1 – EXECUTIVE SUMMARY
FORMAT 2 – COVERING LETTER FOR TECHNO COMMERCIAL BID
FORMAT 3 – SUBMISSION OF TECHNICAL CRITERIA AS PER
QUALIFYING REQUIREMENTS
FORMAT 4 – SUBMISSION OF FINANCIAL CRITERIA AS PER
QUALIFYING REQUIREMENTS
FORMAT 5 – SUBMISSION OF ADDITIONAL INFORMATION
FORMAT 6 –PRICE BID
FORMAT 7 – BANK GUARANTEE FOR EMD
FORMAT 8 – PERFORMANCE BANK GUARANTEE
8 FORMAT 9 – DEVIATION SHEET 48 – 121
FORMAT 10 – INTEGRITY PACT
FORMAT 11-GENERAL RULES AND REGULATIONS GOVERNING .
CONDUCT OF ONLINE REVERSE AUCTION.
FORMAT 12-SAFETYIN CONTRACTWORKS IN MINES
FORMAT 13-GUIDELINES FOR INDIAN AGENTS OF FOREIGN
SUPPLIERS
FORMAT 14-(i) FORMAT OF AGREEMENT BETWEEN BIDDER
. AND THEIR PARENT COMPANY / SUBSIDIARY .
COMPANY
FORMAT 14-(ii) PARENT COMPANY/ SUBSIDIARY COMPANY . .
GUARANTEE
FORMAT 15-GUIDELINE ON BANNING OF BUSINESS DEALING
9 MINING SERVICES AGREEMENT 122–188

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DISCLAIMER

1. This document is not an agreement or an offer by SAIL - Bhilai Steel Plant to


Bidders or any third party. The purpose of this document is to provide
interested parties with information to facilitate the formulation of their Techno -
commercial and Price Bid

2. This document does not purport to contain all the information each Bidder may
require. The document may not be appropriate for all persons, and it is not
possible for SAIL - Bhilai Steel Plant to consider the needs of each party who
uses or reads this document. The concerned parties should conduct their own
investigations and analysis and should verify the accuracy, reliability and
completeness of the information in this document and may obtain independent
advice from appropriate sources.

3. Neither SAIL - Bhilai Steel Plant nor its employees or its Transaction Advisors
(the agency handling the bid management) make any representation or
warranty as to the accuracy, reliability or completeness of the information in
this document.

4. Neither SAIL - Bhilai Steel Plant nor its employees or Transaction Advisors
(the agency handling the bid management) shall have any liability to any
Bidder or any other person under the law of contract, tort, the principles of
restitution or unjust enrichment or otherwise for any loss, expense or damage
which may arise from or incurred or suffered in connection with this document,
or any matter deemed to form part of this document, the award of the work, or
the information and any other information supplied by or on behalf of SAIL -
Bhilai Steel Plant or its employees, its Transaction Advisor or otherwise
arising in any way from the selection process for the project.

5. The document and the information contained herein are strictly confidential
and privileged and are for the exclusive use of the party to whom it is issued.
This document must not be copied or distributed by the recipient to third
parties (other than, to the extent required by the applicable law or in
confidence to the recipient‘s professional advisors, provided that such advisors
are bound by confidentiality restrictions at least as strict as those contained in
this document). In the event that after the issue of this document the recipient
does not continue with its involvement in the bidding process for any reason
whatsoever, this document and the information contained herein must be kept
confidential by such party and its professional advisors at all times.

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6. SAIL - Bhilai Steel Plant reserves the right to change, modify, add, alter this
document or cancels the bidding process without assigning any reasons
thereof, at any time during the bidding process. All parties to whom this
Document has been issued shall be intimated of any such change. The
Bidders or any third party shall not object to such changes/ modifications/
additions/ alterations explicitly or implicitly. Any such objection by the Bidder
shall make the Bidder‘s proposal liable for rejection by SAIL - Bhilai Steel
Plant. Objection by any third party shall be construed as infringement on
confidentiality and privileged rights of SAIL - Bhilai Steel Plant with respect to
this Document. SAIL - Bhilai Steel Plant has the right to reject the bids
submitted by bidders without assigning any reasons thereof.

7. The Bidder shall not make any public announcements with respect to this
Bidding process or this Document. Any public announcements to be made
with respect to this bidding process or this Document shall be made
exclusively by SAIL - Bhilai Steel Plant. Any breach by the Bidder of this
clause shall be deemed to be non-compliance with the terms and conditions of
this Document and shall render the Proposal for Qualification liable for
rejection. SAIL - Bhilai Steel Plant‘s decision in this regard shall be final and
binding upon the Bidder.

8. It is clarified that the provisions of Point no. 5, 6 and 7 shall not apply to
information relating to this Document already available in the public domain
prior to the issue of this Document.

9. Submission of bid shall amount to undertaking for not challenging the


provisions of the bid document.

10. The bidder shall bear all costs associated with the preparation and submission
of the Techno Commercial and Price Bid. SAIL - Bhilai Steel Plant and their
Transaction Advisor shall not, under any circumstances, be responsible or
liable for any such costs.

11. This Bid Document purchased by the interested bidder is not transferable.

12. The Government of India shall not be liable under any circumstances for any
acts/ omissions/ commissions under the instant Tender.

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CHAPTER 1
Invitation To Bid

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INVITATION TO BID

1. Steel Authority of India Limited, Bhilai Steel Plant herein after referred to as
"SAIL - Bhilai Steel Plant ", invites sealed bids from prospective Bidders for
"Development and Operation" of 14 Mtpa Iron ore Mine at Rowghat the state of
Chhattisgarh through open cast mining as per approved Mining Plan and terms
and conditions of the Agreement.

2. Bidders will have to meet the qualifying requirement as stipulated in this tender
document.

3. Interested Bidders may contact – Deputy General Manager I/C (Projects :


PCC-TK), Bhilai Steel Plant, Project Expansion Office, Near Ispat Bhavan,
Bhilai Distt-Durg, India for purchase of Bid Document and any
clarifications.

4. A complete set of bidding documents may be purchased by interested Bidder on


submission of a written application and upon payment of a non-refundable cost
of Rs 1,00,000/- (Indian Rupees One Lac only) or equivalent in any freely
convertible foreign currency in the form of demand draft / bankers cheque in
favour of ―SAIL - Bhilai Steel Plant‖ and payable at par at Bhilai.

The complete bidding document is also available on Company‘s web site


www.sailtenders.co.in.

Bidder may also down load the bidding documents from website at
www.sailtenders.co.in and submit the bid for which no tender cost will be
charged.

5. The bid will consist of three parts,

i. Part 1 – ―Earnest Money Deposit‖(EMD)

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ii. Part 2- "Techno-commercial bid along with the Eligibility Criteria fulfilment
documents and duly signed lntegrity Pact"

iii. Part 3- "Price bid"

Part 1 and Part2 bidswill be opened at 15:00 Hours (lST) on2711012016 atthe
Office of Deputy General Manager l/c (Projects : PCC-TK), Bhilai Steel
Plant, Project Expansion Office, Near lspat Bhavan, Bhilai, Distt-Durg,
India. The Bidders Authorised Representatives may remain present at the time
of opening of Part 1 and Part 2 bid.

Part 3 - Price bid(s) shall be opened only of the Techno-commercially Qualified


Bidders whose authorised Representative(s) may attend the price bid opening at
the time, date and at the address given in the Ietter to be issued by SAIL -Bhilai
Steel Plant after evaluation of Techno-commercial bids.

6. Bids must be accompanied by an Earnest Money Deposit (EMD) for an amount


of Rs 10,00,00,000 /- (lndian Rupees Ten Crores only) or equivalent in any
freely convertible foreign currency in the form of Demand Draft I Bankers
Cheque / Bank Guarantee. Demand Draft / Bankers Cheque shall be in favour
of'SAIL-Bhilai Steel Plant" and payable at par at Bhilai.

Bank Guarantee submitted towards EMD should be only from Scheduled


Commercial Bank except Co-operative & Gramin Bank.

Deputy It (projects : pcc-rK),


"""$.,kgLL:
Bhilai Steel PIant
SteelAuthority of lndia Ltd.
Project Expansion Office, Near lspat Bhavan,
Bhilai Distt-Durg
$.General Manager Uc (ProiectfCQTK
Srilal S'teel Plant' Bhilai

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i
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CHAPTER 2
Bid Process Timelines

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Bid Process Timelines

Note: Interested bidders may contact in following address:

Sr. Particulars Date


No.
1 Invitation To Bid 27/08/2016
2 Sale of Bid Document From 29/08/2016 To 26/10/2016
both days inclusive, during
working days and office hours
from 11:00 Hours to 16:00 Hours
IST.
3 Pre-Bid Conference 12/09/2016 at 11.00 Hours IST –
16.00 Hours IST
Venue:
Conference Hall No. 2,
Expansion Building,
Bhilai Steel Plant, Bhilai
4 Last Date of seeking clarifications on bid 19/09/2016 by 17.00 Hours IST.
document
5 Issue of Clarifications, if any 06/10/2016
6 Last date for submission of Bid 27/10/2016 till 14:00 Hours IST.
7 Opening of Part 1 and Part 2 bid 27/10/2016 at 15:00 Hours IST.
8 Opening of Price Bid (Part 3) To be intimated only to techno
commercially qualified bidders

Deputy General Manager I/c (Projects- PCC), TK


Expansion Building
SAIL - Bhilai Steel Plant, Bhilai-490 001,
Distt. Durg Chhattisgarh, India.
Tel : + 91 788 286 4800
Fax : + 91 788 222 1197/ 1170
Email : pcc_tkey_bsp@sail-bhilaisteel.com
acrathi@sail-bhilaisteel.com

***

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CHAPTER 3
DEFINITIONS

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DEFINITIONS

3.1 “Agreement” means Mining Services Agreement (along with all


Schedules, Attachments and Annexure), Bid Document and any other
Amendment which may be entered into between parties to this Agreement.
Details of documents comprising in this agreement as set out in Clause 2
of the Mining Services Agreement; as of date hereof, which may be
amended or supplemented in accordance with the provisions hereof.

3.2 “Applicable Laws”: As defined in Clause 1.1.3 of the Mining Services


Agreement.

3.3 "Approved Annual Production Plan": As defined in Clause 1.1.5 of


Mining Services Agreement.

3.4 “Authority” means the Central Government, the concerned State or Local
Governments and includes any Department, Agency, Board, Bureau,
Authority, Regulator etc., constituted or established under a Central, State
or Local Legislation, ordinance including rules and regulations made there
under or by the Central, State or Local Government and court to exercise
sovereign functions in relation to the Scope of Work as per the Agreement.

3.5 “Authorized Representative(s) and Signatories ―Each Bidder shall


designate maximum two persons (―Authorized Representatives and
Signatories‖) authorized to represent the Bidder in all matters pertaining to
its bid. These designated persons should hold the Power of Attorney duly
authorizing them to perform all tasks including but not limited to signing and
submission of proposal; to participate in all stages of the bidding process;
to conduct correspondence for and on behalf of the Bidder, with whom all
communications by SAIL –Bhilai Steel Plant in respect of this project shall
be deemed to be with the bidder itself and to execute the Mining Services
Agreement and any other documents required to give effect to the outcome
of the Bidding process. The original Power of Attorney, duly notarized, in
favour of the Authorized Representatives and Signatories shall be enclosed
by the Bidder along with the covering letter.

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3.6 “Bidder”: shall mean bidding company which is a single member or
Bidding Consortium that has submitted the Bid in response to this
Document.

3.7 “Bidding Consortium”: Bidding Consortium shall mean a group of not


more than 03(three) members which have formed consortium for
submission of the Bid in response to this Document.

3.8 “Commercial Production” means commencement of production of Iron


Ore on regular basis as per activities agreed between the parties after
completion of all formalities including installation and commissioning as
prescribed under mine development plan.

3.9 “Commencement of Commercial Production Date or Commencement


Date” means the date as certified by SAIL –Bhilai Steel Plant as per
Clause 4.2 of the Mining Services Agreement.

3.10 “Contract Execution Date” means the date on which the Mining Services
Agreement is signed between SAIL–Bhilai Steel Plant and the Successful
Bidder (SPV in case of Consortium), within a maximum period of 60 days
from the date of issue of LOA.

3.11 “Commercial Production Period” means Iron ore production period of 25


(Twenty Five) ‗Production years‘ excluding five years of construction
period.

3.12 “Delivery Point” means the railway siding at Rowghat where the Iron ore
will be loaded into railway wagons as per requirement of SAIL – Bhilai
Steel Plant.

3.13 “Deposit” means the iron ore deposits available in the leasehold area
which can be commercially extracted/ exploited in Phases as per
conditions stipulated in Environment Clearance.

3.14 “Document” means this bid document along with corrigenda and
addenda, if any, issued at a later date.

3.15 “Documentation” means documents required or relevant for the due


performance of this contract.

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3.16 “Earnest Money Deposit” shall mean the amount equivalent to Rs
10,00,00,000/- (Indian Rupees Ten Crores only)or equivalent in any
freely convertible foreign currency to be furnished by the Bidder towards
bid security in the form of demand draft/ banker‘s cheque/ bank guarantee
along with Part 1 of the bid.

3.17 “Effective Date”: shall mean the date of signing of Mining Services
Agreement or 60 days from the issue of the Letter of Acceptance,
whichever is earlier as per clause 3.1 of MSA.

3.18 “Environmental Management Plan (EMP)‖means Plan approved by the


Government for implementation and monitoring of environmental protection
measures during and after commissioning of Rowghat mining project.

3.19 “Feasibility Study” means a study conducted or to be conducted by a


designated agency for iron ore mining.

3.20 “Financial Year”: Financial Year shall mean the period of 12 months
based on the Financial Accounting Year.

3.21 “GOI” means Government of India.

3.22 “Govt.” means Government of India or Chhattisgarh State Government as


the case may be.

3.23“Good Quality Ore” means ore of size -40mm/-30mm fulfilling the quality
parameters mentioned at clause 5.3.3(i) & (ii) of Bid document. This ore will
be screened to segregate Lumps and fines.

3.24 “Industrial/Infrastructure Projects” shall mean the projects in the power


(generation, transmission & distribution), Non-conventional energy, Mining,
Metallurgical, Telecommunication, Roads & bridges, Ports, Airports,
Railways (including rolling stock & mass transit system), Oil & gas
production and pipelines, Gas distribution sectors.

3.25 “Lead Member of the Bidding Consortium”: ―Lead Member‖ in case of


the Bidding Consortium shall mean the Member of the Consortium who is
designated by the Consortium Members to represent the Consortium in
every transactions and decisions and fulfils eligibility criteria as mentioned
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in clauses 6.2.2, 6.2.3& 6.2.4. The Lead Members shall necessarily have
minimum 51% holding in the SPV for the entire period of the Mining
Services Agreement.

3.26 “Lease Area” means Deposit “F” having an area of 2028.797 hectare at Rowghat
located in the Matla Reserved Forest area of Kanker/Narainpur District of
Chhattisgarh State.

3.27 “Lessor” means the appropriate Govt. in cases of leases granted to SAIL –Bhilai
Steel Plant and in other cases SAIL – Bhilai Steel Plant if land or other
infrastructure facility provided by SAIL – Bhilai Steel Plant.

3.28 “Member in Bidding Consortium”: The member of the Bidding


Consortium other than the Lead Member shall be referred to as a Member
in the Bidding Consortium fulfilling eligibility criteria as mentioned in clause
6.2.2 and holding a minimum of 20% in the SPV.

3.29 “Mine”: means the Deposit ―F‖ of Rowghat Iron Ore Mine located in the
Kanker/Narainpur district in the State of Chhattisgarh.

3.30 “Mine Closure Plan” means the Progressive Closure Plan and Final
Closure Plan as approved by the Government for Rowghat Project.

3.31 “Mine Developer and Operator (MDO)” is the Bidder who is selected
through the Bidding process and includes SPV in case the Bidder is
Consortium, who would sign and execute the Mining Services Agreement
and/any Legal Agreements as prescribed by the law applicable from time to
time, with SAIL – Bhilai Steel Plant. The MDO shall include its legal
representatives and successors.

3.32“Mining Fee” means the fee quoted by the bidder as per Format 6 of this
Bid document for carrying out the activities mentioned in the scope of work
as per Annexure -1 of the Agreement.

3.33 “Net Worth”: Net Worth is the sum total of paid up capital and free
reserves. Free reserves means all reserves credited out of the profits and
share premium account but do not include reserves credited out of
revaluation of assets, write back of depreciation provisions and

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amalgamation. Further, any debit balance of profit and loss account and
miscellaneous expenses to the extent not adjusted or written off, if any,
shall be reduced from reserves and surplus.

3.34 “Operating Year”: Operating Year shall mean the Financial Year
starting from 1st April and ending on 31st March of subsequent Year.

3.35 “Parent”: shall mean a company which holds at least 51% equity in
its Subsidiary Company.
3.36 “Performance Bank Guarantee”: shall mean a sum equivalent to
Rs50 crores (Indian Rupees Fifty crores only) or equivalent in any freely
convertible foreign currency in the form of bank guarantee towards
performance security to be furnished by the successful Bidder as per the
terms and conditions given in Clause 7.14 of the Document.

3.37 “PERT” means Project Evaluation Review Techniques which includes


Master PERT, Level 1 (L-1) networks and such other level networks to
indicate the progress of various activities corresponding to prescribed time
schedule.

3.38 ―Production Target” means the year-wise quantity of ROM iron Ore
required to be produced as per the Mine Plan and as otherwise adjusted
from time to time under this Agreement.

3.39 ―Project Area” means the areas covering Rowghat Mining lease area,
Haul Roads, Over Burden Dump, Crushing & Screening plant, Downhill
Conveyor, Railway Siding, Workshop, Buildings and Colony etc.

3.40“Qualifying Requirements”: Qualifying Requirements shall mean the


requirements set forth in Chapter-6 of this Document for the purpose of
evaluation and selection of the MDO.

3.41 “Quantity” means amount of Iron Ore measured in Tonnes.

3.42 “Royalty” means an amount required to be paid to the Government on


account of quantity of Iron Ore extracted from the mine.

3.43 “Rowghat Project/ Project”: The project means the entire work
relating to the planning, designing, engineering, financing, construction,
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operation and maintenance of the Mine along with crushing and screening
plant, conveying system & railway siding including rapid loading system and
shall include all such works as detailed in this Bid Document and Mining
Service Agreement and other associated infrastructure necessary for
successful execution of the project.

3.44 “Special Purpose Vehicle” („SPV‟): shall mean a company formed by the
Consortium Members for the purpose of execution of the Project within 30
days from issuance of LOA. Only constituted SPV, formed by Consortium,
will sign the Mining Services Agreement with SAIL –Bhilai Steel Plant
through its authorized representative.

3.45 “Subsidiary” – means a company of which at least 51% equity is


owned and held by another company; that company shall be referred to as
the subsidiary.

3.46 "Successful Bidder" shall be the Techno Commercially qualified bidder


whose bid results into lowest Mining Fee (L-1) in the Price bid.

3.47 “Tax/ Tax Levy” means a fee charged (levied) by the Government on any
product, income or activity.

3.48 “Turnover”: Turnover is Gross Sales or Gross Revenues, as defined by


the Indian Accounting Standards - 9 published by the Institute of Chartered
Accountants of India.

3.49“Un screened Ore” means ore of size -40mm/-30mm as per the quality
parameters mentioned at clause 5.3.3-1(3) of this document. This ore
will be sent to Dalli-Rajhara for Beneficiation.

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CHAPTER 4
INTRODUCTION

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4.1 Background
Ministry of Mines, Govt. of India, vide their notification no. GSR 542(E) Dtd.
08.09.2006, reserved 7 blocks of deposit ‗F‘ of Rowghat, with an estimated
reserves of 511 Mt, for SAIL - Bhilai Steel Plant. To meet the iron ore
requirement of the plant, it has been envisaged to produce 14 Mt/yr ROM of iron
ore from Rowghat Deposit.

Rowghat is located in the Kanker/Narainpur districts of Chhattisgarh, about 95


Kms south of Dalli-Rajhara and 185 Kms from Bhilai. Government of
Chhattisgarh vide lease deed dated 21.10.2009 has granted iron ore mining
lease for Deposit ―F‖ covering an area of 2028.797 hectare to SAIL – Bhilai Steel
Plant.

4.2 Location and Accessibility

The iron ore Deposit ‗F‘ at Rowghat is located in the Matla Reserved Forest area
of Narainpur & Kanker district of Chhattisgarh. Deposit-F lies at the boundary of
two forest divisions, i.e. Narainpur and Bhanupratappur-(East) in Kanker district.
It is about 20 km NNW of Narainpur Township, a newly constituted district of
Chhattisgarh. Antagarh, a Revenue Block in Kanker district, is situated at 45 km
North West of Rowghat. Deposit- F is spread between latitudes 19o45‘00‖N&
19o52‘00‖N and longitudes 81o08‘00‖E& 81o13‘00‖E in Survey of India
Toposheet no. 65 E/1.

The Deposit can be approached by Rajnandgaon- Kondagaon State Highway


(SH- 5) through Dalli-Rajhara. The area is connected to National Highway No.43
(Raipur- Vishakhapatnam) at Kondagaon, which is 70 km from Rowghat via
Narainpur on SH-5. Nearest villages are Bhaisgaon and Aturbeda on SH-9 and
Dalli-Rajhara is the nearest rail head (SE Railway) about 90 km from Rowghat.
The deposit is about 185 km south of Bhilai.

The proposed rail link between Dalli-Rajhara to Jagdalpur passes through the
foot hill of Rowghat on eastern bank.

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4.3 Status of Exploration

The quantum of exploration carried out so far for the deposit ‗F‘ of Rowghat is as
follows.
i) Large scale mapping by GSI: 7.12 sq. km (1:2000)
ii) Drilling
Agency BH Nos. Meterage
GSI 90 4552.9
BSP 20 1317.81
MECL 19 1402.15
Total 129 7272.86

iii) Pitting: 44 Nos. (323.25 linear Meterage)

iv) Sampling / analysis:


Chip Samples 292 nos.
Drill core Samples 6337 nos.
Pit Samples 1214 nos.
Composite Samples 198 nos.

4.4 Rowghat Reserve & Quality

Deposit- „F‟

Block Ore Exploration Area in Ha. Chemical Quality ( % )


Reserve Drilling
in MT (No. of BH‟s) Total Mineral Fe SiO2 Al2O3 P
-ised
Raodongri 47.420 12 190.000 115.00 61.62 2.81 3.30 0.060
Block-A 254.593 62 450.000 200.00 62.87 3.28 2.61 0.040
Tarhur 49.300 15 360.000 96.80 63.74 2.42 2.57 0.040
Anjrel 80.500 9 300.000 59.37 64.32 2.24 2.77 0.050
Korgaon 41.390 13 400.520 105.75 62.82 2.58 2.59 0.050
Kharkagaon 25.380 12 220.152 80.87 61.59 3.37 3.71 0.080
Takrel 12.460 6 108.125 50.00 59.62 2.20 4.45 0.070
Total 511.043 129 2028.79 707.79 62.92 2.91 2.79 0.047

Note: The above data is as per the Exploration Report & are indicative.

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4.5 Mining

4.5.1 Selection of Mining Block

The deposit – F of Rowghat iron ore deposit has been proposed to be


worked out in two phases namely Phase – I and II. The distinction of phases
as mentioned above, are on the basis of stage wise grant of Forest
clearance from the Central Govt. Mining in phase– I predominantly
comprises of Block A, Tarhur & Anjrel, whereas the second stage consists of
Koregaon, Kharkagaon, Takrel and Raodongri blocks.

4.5.2 Method of Mining

The method of mining envisage mechanized opencast mining with


deployment of heavy earth moving machineries (HEMM) and deep hole
drilling and blasting under clause 106 (2) (b) of the Metalliferous Mines
Regulations‘ 1961 framed under the Mines Act‘ 1952. Rowghat iron ore
deposit has been proposed to be worked with 10/8 m 3 bucket capacity power
shovels/ hydraulic excavators in combination with 120 t capacity rear
discharge dumpers.

Top soil, sub grade ore and waste as per guidelines of IBM shall be stacked
separately during the entire contractual period.

4.5.3 Mine Capacity

The proposed mine has been planned to be exploited at a rate of 14 Mt/yr of


ROM ore. The rated mine capacity is proposed to reach during the 8thyear of
the project (3rd year of production period) including five years of construction
period.

4.5.4 Mine Production Plan


The production plan of the mine is shown in table below:

Year of Production Production (ROM ore in Million tonnes)

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1st year 5
2nd year 11
3rd year and onwards 14

4.6 Statutory Clearances

4.6.1 Mining Plan

Indian Bureau of Mines (IBM) has approved Mining Plan in March, 2007.

4.6.2 Forest Clearance

MoEF has accorded the final forest clearance for diversion of 883.22 Ha of
forest land for Rowghat Iron ore mining project on 3.8.09.

4.6.3 Environment Clearance

MoEF has accorded environmental clearance for total mining lease over an
area of 2028.797 ha with production capacity of 14.0 Mtpa on 4.6.09.

4.6.4 Other Clearances


4.6.4.1 Water consent from Chhattisgarh State Govt. obtained in
November‘2009.
4.6.4.2 Approval obtained from the then CSEB in April‘2010 for supply of 132 KV
power to Rowghat Mining Project.
4.6.4.3 The present mining lease is valid up to year 2029. However, the term of
contract is proposed to be 30 Years since the validity of the mining lease
will get further renewed as per MMDR Amendment Act-2015 &
subsequent notification Dt. 03.12.2015 i.e. Mineral (Mining by
Government Company) Rules 2015.

NOTE: Conditions stipulated in grant of Forest Clearance and Environment


clearance by MoEF will be made available and the selected MDO would
have to adhere to these conditions while developing the Mine.

4.7 Other Relevant Information:

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4.7.1 Feasibility report for Rowghat complex has been prepared by MECON Ltd in
February 2008 & further updated in February 2012.

4.7.2 Construction of Dalli-Rajhara to Rowghat (95 km) rail line is in progress.0-17


Km railway line work completed, 17-42Km work in progress expected to be
completed by Sept 2017, and 42-76 Km work order issued to the Party by
M/s RVNL.

4.7.3 The power shall be supplied by laying 65 km long 132 kV double circuits
overhead transmission line from Bhanupratappur to Rowghat and the work is
under execution by CSPTCL. (Chhattisgarh State Power Transmission Co.
Ltd.).02 Nos of bays at constructed at Bhanupratappur Sub Station. The
work of line laying is in progress.

4.7.4 A 17.80 m high water reservoir on Nibra-Nalla of capacity 2.86 Million cubic
meters has been proposed for drawal of water for the Rowghat Mining
Complex. The work is being executed by Water Resources Department
(WRD), Govt. of Chhattisgarh. Consultant has been appointed by WRD
GoCG .

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CHAPTER 5
OBJECTIVE & BROAD STRUCTURE

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Objective & Broad Structure

5.1 SAIL - Bhilai Steel Plant proposes to develop and operate Rowghat Iron Ore
Mine at Deposit ―F‖ by selecting a suitable MDO to meet iron ore requirement
of SAIL - Bhilai Steel Plant. Rowghat Iron Ore mine has been planned for a
production capacity of 14 Mtpa Iron ore in terms of quality and quantity as per
approved Mining Plan and EMP of the project.

5.2 Entire lease falls under Reserve Forest area and handing over of the land
(for which all necessary payment has already been made) is in process.

5.3 Development plan for Rowghat Mining Project:

5.3.1 Deposit F comprises 7 blocks viz. Raodongri, Block-A, Tarhur, Anjrel,


Korgaon, Khargaon, and Takrel. Mining will be carried out in two phases viz.
Phase I and Phase II. Phase I will involve development of Block A, Tarhur
and Anjrel and in phase II it is proposed to develop four blocks viz.
Raodongri, Korgaon, Khargaon and Takrel.
5.3.2 The MDO shall undertake mine development and operate the mine using
state-of-the-art technology for a period as envisaged under the terms of this
Document and the Mining Services Agreement. The MDO is expected to
plan, design, engineer, construct, develop, operate and maintain the
Rowghat mine, Crushing & Screening plant, Downhill conveying system,
stockpiles & its associated material handling equipment and Railway siding
along with a rapid loading arrangement to ensure supply of 14 Mtpa Iron
Ore (Lump : -40mm/-30mm to +10mm/+6mm, fines : -10mm/-6mm and
unscreened ore -40mm/-30mm as per the direction of Engineer-in-Charge).
The mining operations shall involve excavation of various rocks/earth cutting
(consisting of top soil, alluvium soil, rock etc), loading, transportation,
dumping, dozing, mining of Iron ore, crushing & screening the Iron Ore to a
pre-determined size, transporting the ore to railway siding and loading into
wagons, levelling at OB dumping site to ensure progressive mine closure,
handling including reclamation, maintenance of related infrastructure facilities
like equipment workshop, electrical substations, pumping arrangements, haul

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road maintenance etc. The MDO shall be required to abide by all statutory
rules, regulation and laws as applicable from time to time including but not
limited to those related to Government licenses, workmen compensation,
insurance, safety, security etc. MDO shall necessarily follow all safety
regulations as prescribed in law and as per prudent commercial and
industrial practice.
5.3.3 ROM shall be fed for crushing at the crushers located at hill top to reduce it
to -40mm/-30mm size as per direction of Engineer-in-Charge. The ore
requiring beneficiation i.e. -40mm/-30mm size shall be conveyed to downhill
for stacking and loading for further beneficiation at Dalli-Rajhara. The good
quality ore of -40mm/-30mm size shall be conveyed to screening plant
located at foothill for segregating it to lump size -40mm/-30mm to
+10mm/+6mm and fines -10mm/-6mm size. A provision has to be kept for by
pass system where in -40mm/-30mm size crushed ore shall be stacked and
loaded in to wagons for further processing at Dalli-Rajhara. Depending upon
the quality of ROM and as per the instructions of Engineer-In- Charge of
SAIL, MDO shall load lumps, fines and unscreened ore at the delivery point.
Initially, MDO shall produce and load -40mm unscreened ore,- 40mm to
+10mm lump, and -10mm fines. However, in future the product size
requirement of SAIL-Bhilai Steel Plant may change to Lump: -30mm to + 6
mm, fines: -6mm, and unscreened Ore -30mm. Accordingly, the plant
designed by MDO should have the facility to produce and dispatch the
changed size of product. SAIL-Bhilai Steel Plant shall not pay any additional
amount for such production & dispatch.
1) QUALITY PARAMETERS
Physical Parameters

SI Product Size Max. Max.


No. Over size undersize

1. Lump -40mm/-30mm 5% 5%
to+10mm/+6mm

2. Fines -10mm/-6mm 5% -

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3 Unscreened ore -40mm/-30mm 5% -

Chemical Parameters

SI Product Average monthly Fe


No. content (%)

1. Lump 65.0 or as per monthly


quality plan whichever
is less.

2 Fines 63.0 or as per monthly


quality plan whichever
is less.

3 Unscreened ore >59.0 or as per


monthly quality plan
whichever is less.

5.3.4 SAIL-Bhilai Steel Plant will give MDO sufficient access/blocks or part of block
with coordinates as per Contract Agreement to execute the work. To meet
the iron ore requirement of Bhilai Steel Plant (BSP) during interim period (till
MDO reaches the rated capacity of 14MTPA as per the Contract
Agreement), SAIL reserves the right to do mining as per the approved Mining
Plan by engaging suitable agency or on its own. The place of mining activity
will be decided as per the field position at the mine. SAIL-BSP reserves
the right to use all the common facilities, developed either by SAIL or MDO,
including approach road, electricity, water etc., for the above mining.MDO
should have no objections to right to mine and use of common facilities of
SAIL-Bhilai Steel Plant as stated above.

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5.3.5 SAIL - Bhilai Steel Plant shall pay the agreed Mining Fee to the Successful
Bidder as per the terms and conditions set forth in the Mining Services
Agreement.
5.3.6 The term of the Mining Services Agreement will be for a period of 30 years
(including 5 years of construction and 25 years of Commercial
Production).The present mining lease is valid up to year 2029. However the
term of contract is proposed to be 30 Years since the validity of the mining
lease will get further renewed as per MMDR Amendment Act-2015 &
subsequent notification Dt. 03.12.2015 i.e. Mineral (Mining by Government
Company) Rules 2015.

5.3.7 Implementation of Progressive Mine Closure Plan will be the responsibility of


MDO.
5.3.8 MDO shall supply the entire iron ore mined only to SAIL - Bhilai Steel Plant
at applicable Mining Fee for the entire Contract Period as per Mining
Services Agreement.

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CHAPTER 6
QUALIFYING CRITERIA

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6.0 Qualifying Requirements

6.1 Bidder shall furnish all the details (with supporting documents) as per
Technical and Financial Criteria mentioned below in order to qualify for Part 3
– Price Bid Stage.

6.1.1 Technical Criteria

The bidder should adequately demonstrate possessing the following technical


capabilities in order to be considered for the Price Bid Stage (Part 3) of the
bidding process:

i. Experience of excavation/ raising and transportation of ROM of at least 4.0 Mtpa


*
(Million tonnes per annum) capacity in India or elsewhere in mechanized open

cast mining of minerals (as specified in First Schedule of the MMDR Act 1957
and Fourth Schedule added vide MMDR Amendment Act 2015) in any one (1)
year** during last five (05) years as on date of NIT out of which at least 2.0
Mtpa should be from a single mechanized mine.
* For Coal and Lignite, specific gravities (tonnes/cubic meters) shall be considered as
1.50 and 0.8 respectively.
** Year means financial year.
ii. Experience of having successfully executed industrial/ infrastructure projects
as defined under Definition Head (clause-3.24 of this document) during last
(fifteen) 15 years as on date of NIT whose aggregate capital cost should not be
less than INR 1500.00 Crore, out of which one single project should be of
minimum INR 400.00 Crore.

6.1.2 Financial Criteria

Bidder has to satisfy the following financial criteria of turnover and net worth
in order to be considered for the Price Bid Stage (Part 3) of the bidding
process:

i. Bidder should have an average annual turnover of at least Rs. 1500.00


Crore (Rupees one thousand five hundred Crore only) or its equivalent
in foreign currency during last three consecutive financial years ending
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on or before 31.03.2015 based on their financial accounting year. In
other words, turnover of the Bidder during above three years should be
at Rs 4500 Crores(Indian Rupees Four thousand five hundred Crores
only)

ii. Bidder should have net worth of at least Rs. 750.00 Crore (Rupees seven
hundred fifty Crore only) as on the end date of the financial accounting
year ending on or before 31.03.2015.

6.2 Eligible Bidder

6.2.1 Bid may be submitted by a sole bidder or consortium of not more than 3
(three) members including the Lead Member.

6.2.2 In case of bidder being a consortium, the consortium members shall


designate a Lead Member who shall necessarily have minimum 51% equity
holding in the SPV as per the Consortium Agreement and other member(s)
must hold at least 20% equity for each member in the SPV.

6.2.3 In case of bidder being a Consortium, the Lead Member has to meet entire
mining experience required as per Clause 6.1.1 (i) or entire infrastructure
experience as per Clause 6.1.1 (ii).

6.2.4 The Lead Member shall also have to fulfil at least 51% financial criteria as
specified in Clause 6.1.2.

6.2.5 Bidder shall be allowed to draw strength from its subsidiary(ies)/Holding


company for meeting the qualifying criteria either technical or financial,
provided the subsidiary(ies)/ Holding company has an agreement (as shown
in Format 14(i)) with the bidding company that it would lend technical or
financial support as the case may be and further guarantee its performance
by deed of guarantee (As shown in Format 14(ii)).Notarised copy of
Agreement is to be submitted along with Bid.

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6.3 Supporting documentary evidence:

Bidder shall furnish following relevant documents in support of its technical


and financial credentials as mentioned in Clause 6.1.1 & 6.1.2.

6.3.1 In case the bidder is a mine owner then copy of the submissions made to
statutory government authorities for annual production of respective minerals
as mentioned in clause 6.1.1 (i), shall be submitted as documentary
evidence in support of the experience. The mining experience of the bidder
should be certified by the statutory auditor of the bidder.

6.3.2 In case the bidder is a mine contractor then he should submit a copy of the
contract agreement/ Work Order and certificate of production of respective
minerals as mentioned in clause 6.1.1 (i) from the mine owner duly certified
by the statutory auditor of the bidder as documentary evidence in support of
the experience.

6.3.3 The bidder should submit following documentary evidence in support of


having successfully completed the infrastructure projects as mentioned in
clause 6.1.1 (ii).

a) Copies of Award letter/ Contract Agreement/ Work Order


b) Copies of Commissioning certificate/ Performance Certificate/ Final
Acceptance Certificate/ Completion certificate
c) In case of self-constructed projects, the capital cost will be certified by the
statutory auditor of the bidder.
6.3.4 The annual reports along with the audited financial statements of the bidder
for the preceding three financial years should be submitted by the bidder. In
case where the audited financial statements for the last preceding financial
year are not available, certification of financial statements from statutory
auditor of the bidder would be acceptable.
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6.3.5 Net Worth Certificate has to be provided from the statutory auditor of the
bidder.

6.3.6The bidder who is seeking qualification based on the technical or financial


strength/experience of its Subsidiary (ies)/Holding Company shall furnish a
copy of the Board resolution of its subsidiary (ies)/Holding company
authorizing the bidder to draw strength of its credentials. The Bidder shall
submit the supporting document of its subsidiary/holding company referred to
in clause6.3.

6.3.7 In case the Bidder is Consortium, the experience of the concerned members
should be commensurate with the responsibility matrix provided in the
Consortium agreement in order to meet the requirement of Clause-6.1.1 above.

6.3.8 The Consortium Agreement in original executed by the Consortium Members


on non-judicial stamp paper must be submitted with the bid, containing
responsibility matrix (division of work, roles and responsibilities of each
member).

6.4 Instructions:

6.4.1 Submission of more than one bid by the bidder or use of technical
credentials of a Parent/ Subsidiary Company for more than one bid will lead
to disqualification of all such bids.

6.4.2 In preparing the Techno Commercial Bid and Price Bid, bidders are expected
to ensure adequacy of the qualifying documents in detail. Material
deficiencies/ discrepancies in the information requested may result in
rejection of a bid.
Notes:
a) The terms Turnover and Net Worth shall have the meaning and
definition as stated in this Document.
b) Where the financial statement is expressed in currency other than
Indian Rupees, the financial qualification as described above shall be

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computed by converting the financial figures in foreign currency to
Indian Rupees based on exchange TT selling rates observed by
Reserve Bank of India (RBI) and notified by State Bank of India (SBI)
prevailing on the end date of their respective financial accounting
year. If the last day of the corresponding financial closing year
happens to be non-working day for SBI, then previous working day of
SBI will be considered for conversion to Indian Rupees.

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CHAPTER7
INSTRUCTIONS TO BIDDERS

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This Document can be purchased from the below mentioned office:

Address: -

Deputy General Manager I/c (Projects- PCC), TK


Expansion Building
SAIL - Bhilai Steel Plant, Bhilai-490 001,
Distt. Durg Chhattisgarh, India.
Tel: + 91 788 286 4800
Fax: + 91 788 222 1197/ 1170

7.1 The cost of this Document is Rs 1, 00,000/- (Indian Rupees One Lac only) or an
equivalent to freely convertible foreign currency and the bidder shall pay for the
same in the form of Demand Draft/Bankers Cheque drawn in favor of ―SAIL -
Bhilai Steel Plant‖ and payable at par at Bhilai. This is non-refundable and
non- transferable. Bidder, who has purchased the Bidding Documents, is not
permitted to transfer the Bidding Documents to any other party.

7.2 The complete Bid Documents shall be available on the Company‘s website
www.sailtenders.co.in for the purpose of downloading and bid submitted on
such downloaded bid documents shall be considered valid for participating in
the bid process. The company shall not be responsible for any delay /
difficulties / inaccessibility of the downloading facility for any reason
whatsoever. The downloading facility shall be available during the period of
sale of bid document. The bidders, who will download the bid documents from
the website of the company, will not be required to pay the cost of bid
documents at the time of submission of bids. In case of any discrepancy
between the bid document downloaded from the web site and the master copy
available in the office, the latter shall prevail and will be binding on the bidders.
No claim on this account will be entertained.

7.3 Bidders may seek clarification, if any on this Document as per timelines
specified in this Document. Any request for clarification must be sent in writing
by paper mail, facsimile or electronic mail to SAIL - Bhilai Steel Plant‘s
address.

7.4 Any clarification / amendment issued prior to last date of submission of bids
would be uploaded on the SAIL‘s website. All prospective bidders including
those who have purchased the bidding document would be presumed to have
examined all clarifications/ amendments on the website & have submitted

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their bids accordingly. In case any queries remain un-replied, it shall be
construed that in respect of those queries, the respective stipulations of the
Bidding document shall continue to apply and/or no new stipulations are
made with respect to those queries.

7.5 Any Corrigendum/ Addendum to this Document issued by SAIL - Bhilai Steel
Plant subsequent to the issue of Bid Document shall also be considered an
integral part of this Document and any reference to this Document shall include
such Corrigendum / Addendum also.

7.6 The Bidders must familiarize themselves with local conditions and take them
into account in preparing their Bids. To obtain first-hand information on the
proposed assignment and on the local conditions, the bidders may visit the
Rowghat Iron Ore Mine and do due diligence before submission of their bid.
Such visit shall be undertaken by the Bidder at its own cost and SAIL - Bhilai
Steel Plant shall bear no liability for the same.

7.7 Any neglect or omission or failure on the part of the Bidder in obtaining
necessary and reliable information or on any other matter affecting the Bidder,
shall not relieve the Bidder from any risk or liability or the entire responsibility
for completion of the work in accordance with the Bidding Documents.

7.8 Consortium
7.8.1 During the Term of Contract, the composition of the Consortium shall not be
altered for 1st year of Commercial Production Period. The Lead Member shall
maintain minimum 51% equity in the Consortium for the entire period of the
Mining Services Agreement. Change of Consortium Member after one year of
Commercial Production Period shall be allowed only after approval of SAIL -
Bhilai Steel Plant.

7.8.2 If the holding of the Lead Member in the Consortium is more than 51%, it can
dilute the same up to 51% subject to approval of SAIL - Bhilai Steel Plant. If the
holding of Lead Member in the consortium falls below 51% at any time after the
contract execution date, then the agreement with SAIL - Bhilai Steel Plant
would be liable for termination and the Performance Bank Guarantee will be
forfeited/ invoked.

7.8.3 In case, a member of Consortium leaves the Consortium, then the respective
eligibility criteria must be fulfilled by the incoming Consortium member or by the
existing member if eligibility is acquired by the respective member by then.

7.8.4 The Lead Member must be authorized by other Member of the Consortium to
incur liabilities and receive instructions for and on behalf of any & all the
members of the consortium.
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7.8.5 Lead Member of the consortium shall be overall responsible for the execution
of the Contract. The Lead Member and other member of the Consortium shall
be jointly and severally responsible for execution of the Contract in accordance
with the terms & conditions in the Bid Document & the Mining Services
Agreement. This will be in addition to the responsibility of SPV for execution of
the contract.

7.8.6 The Consortium Agreement in original executed by the Consortium Members


on non-judicial stamp paper must be submitted with the bid, containing division
of work, roles and responsibilities of each member. Bids received without
consortium agreement will be treated as sole bidder & assessed accordingly.

7.8.7 A Company participating in the bidding process can be a member in one


Consortium only. In case if the same company also submits bid as individual
bidder or as member of another bidding consortium, then all the bids submitted
by the company as individual bidders or in consortium will be rejected

7.8.8 In case the Successful Bidders a bidding Consortium, then it shall incorporate a
separate Special Purpose Vehicle within 30 days from issuance of Letter of
Acceptance.

7.9 Validity of the Bid


The Bid must be valid for at least 180 days from the last date of submission of
bid. A bid valid for a shorter period shall be rejected by SAIL - Bhilai Steel
Plant as being Non- Responsive. SAIL - Bhilai Steel Plant may request the
Bidders to extend the bid validity beyond the period of 180 days. The request
and responses thereto shall be made in writing. If a Bidder accepts to extend
the period of bid validity, then EMD shall also be accordingly extended by the
Bidder. A Bidder may refuse the request without forfeiting its EMD. A Bidder
accepting such request shall not modify its bid on its own.

7.10 The original power of attorney in favour of the Authorized Representatives &
Signatories of the Bidder duly notarized shall be submitted by the Bidder
along with its Techno Commercial Bid.

7.11 Bid shall contain three parts

7.11.1 Part 1 –Earnest Money Deposit in the form of DD or BG (Format 7).

7.11.2 Part 2 – Techno Commercial Bid and Integrity Pact

The documentary evidence in support of the Qualifying requirement


submitted by the bidder as mentioned in Clause 6.3 of this bid document
along with Format 1, 2, 3, 4, 5 & 9 and duly signed Integrity Pact (Format
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10) will form part of the Techno Commercial Bid. The bidder is also required
to submit a copy of the Bid Document and Mining Services Agreement duly
signed & stamped by him with the Techno-Commercial Bid as token of
acceptance of tender terms & conditions. The Techno Commercial Bid will be
evaluated only after the evaluation of Part 1 (EMD).

7.11.3 Part 3 – Price Bid


The Bidders shall quote the following consolidated Mining Fee per tonne as
per Format 6:

Mining, crushing& loading of (-) 40 mm / (-) 30 mm ore (unscreened ore)


Where:

(i) Mining Fee should include the elements up to loading of iron ore at Despatch
Point. Payment shall be made in INR.

(ii) The Bidder quoting the lowest Mining Fee shall be declared as Successful
Bidder.

(iii) Explosives shall be provided by SAIL - Bhilai Steel Plant as per the statutory
requirement. The cost towards procurement of the explosives shall be
reimbursed by MDO to SAIL - Bhilai Steel Plant at actual. Blasting will be done
under the supervision of SAIL/BSP.

(iv) Taxes, duties ,levies, cess and other statutory fees/charges applicable for
providing mining services, service tax, royalty payable to the State and /or
Central government shall be excluded from the fees quoted and shall be
reimbursed on actual subject to documentary evidence. Taxes payable by the
Bidder which are not incidental to mining services to SAIL - Bhilai Steel Plant,
including income tax and such duties, on electricity and water etc. shall not be
paid or reimbursed by SAIL - Bhilai Steel Plant

(v) No other payments shall be made by SAIL - Bhilai Steel Plant to the MDO,
apart from the Mining Fees quoted and Mining fee as calculated in clause
7.11.4.

7.11.4 Mining fees for Lump and Fines

The calculation formula for Mining Fees is as follows:

ITEM DESCRIPTION Mining Fee

1 Mining Fee in Rs. per ton for of -40mm/-30mm 1.048 X The


+10mm/+6mm ore (Lump) and -10 mm/-6mm mining fee for
ore (Fines) loaded into wagons unscreened
ore.

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7.12 Preparation of Bid

7.12.1 The original Bids (Part 1, Part 2 and Part 3) shall be prepared in hard
(Printed) copy. It shall contain no inter-lineation or overwriting, except as
necessary to correct errors made by the Bidder itself. Any such corrections
must be initialled by the person or persons who sign(s) the Bids.

7.12.2 The Authorized Representative of the Bidder must sign all pages of the Bid.

7.12.3 The bid, along with supporting documents (wherever applicable) shall be
submitted by Bidders in the manner as described in the following
paragraphs.

7.12.4 The Bids shall include Part 1 – ―EMD‖, Part 2 ―Techno commercial Bid and
Integrity Pact‖ and Part 3 – ―Price Bid‖, each packed in a separate sealed
envelope and duly superscribed with Part No. and description. Above
mentioned three envelopes shall be sealed in another envelope or box with
the following inscription:

“Bid for Development of 14 MTPA Iron Ore Mine at Rowghat” (Three


Part Bid)
Tender No:

Addressed: To:

Deputy General Manager I/C (Projects: PCC-TK),


Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Bidder‘s Name and Complete Address

One Original copy and two photocopies of the techno commercial bid shall be
placed in two different sealed envelopes. The Original set of the techno
commercial bid and Integrity Pact shall be marked and labeled as ―Part 2 -
Original‖. The two envelopes containing the original and the copies of the Techno
commercial bid and Integrity Pact shall be placed in one single outer envelope
which shall be clearly marked as ―Envelope 2 (Part 2- Techno Commercial Bid
and Integrity Pact)‖. The soft copy of the techno commercial bid in the form of
Compact Disc should also be part of the Techno Commercial bid (Part-2).

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The bid duly completed and signed by the Bidder together with Formats hereof,
should be submitted and shall comprise the following documents in separate
sealed cover:

Envelope 1: Part 1 comprising of Earnest Money Deposit.

This envelope should be clearly marked as ―Part 1 (Earnest Money


Deposit)‖.

Envelope 2: Part 2 -This part shall be marked as ―Part 2 –Techno-Commercial Bid


and Integrity Pact‖ as per advice. (1 original + 10 copies)

Envelope 3: Part 3 This part shall be marked as ―Part 3 –Price Bid‖ and shall
contain price bid only, duly completed and signed by Bidder, without
any terms and conditions.

7.13 EMD & CONDITIONS FOR REFUND OF EMD:-

a. The Bid must be accompanied with an EMD of` 10,00,00,000/- (Indian


Rupees Ten Crores only) or an equivalent to freely convertible foreign
currency in the form of a demand draft/bankers cheque/ bank guarantee.
The demand draft / bankers cheque should be in favour of ―SAIL - Bhilai
Steel Plant‖ and payable at par at Bhilai. Bank Guarantee as per Format
7 submitted towards EMD must be only from Scheduled Commercial
Bank except Co-operative & Garmin Bank.

b. EMD should be valid for at least 240 days from the last date of
submission of bid.

c. No interest will be paid on the EMD so deposited.

d. Offers submitted without specified EMD will be rejected summarily.

e. In case the bidding process is cancelled by SAIL - Bhilai Steel Plant, the
EMD of all the Bidders shall be refunded within 7 days of such
cancellation.

f. EMD of technically disqualified Bidder shall be refunded within 7 days, of


such disqualification; EMD of other Bidders excluding successful bidder
shall be refunded within 15 days of the completion of the bid process.

g. The EMD of the Successful Bidder shall be returned after submission and
acceptance of Performance Bank Guarantee by SAIL - Bhilai Steel Plant.

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h. Without prejudice to any other rights available to it under Applicable Laws,
SAIL - Bhilai Steel Plant reserves the right to forfeit EMD of the Bidder
without any notice of proof or damages to the Bidder on the occurrence of
any one or more of the following events/circumstances:

(i) If the Bidder withdraws or modifies its offer, partially or fully, during the
validity period after submission of the Price offer; or

(ii) If any of the claims /statements /declarations of the Bidder is found to


be incorrect or inconsistent or in case of any material
misrepresentation of facts; or

(iii) In case the bidder submits wrong, forged, bogus /or false certificates
and if this comes to the notice of SAIL - Bhilai Steel Plant at any time
during the tender process then the EMD of such bidder shall be
forfeited.

(iv) If the Successful Bidder fails to sign the Mining Services Agreement
and to submit the Performance Bank Guarantee in accordance with
Clause 7.14, within 60 (Sixty) days, then EMD of the Successful
Bidder shall be forfeited;

7.14 Performance Bank Guarantee:-


The Successful Bidder shall furnish Performance Bank Guarantee equivalent
to a sum of Rs 50 Crores (Indian Rupees Fifty Crores only) or equivalent to
freely convertible foreign currency in the form of Bank Guarantee from any
Scheduled Commercial Bank except Co-operative & Gramin Bank, as per
Format 8 of this document, within 45 days of execution of the Mining
Services Agreement. The Performance Bank Guarantee of MDO shall be
liable for forfeiture/encashment, in case the MDO fails to undertake the work
during any year or in event of default by MDO as stipulated in Mining
Services Agreement.

The Validity of the Performance Bank Guarantee furnished by MDO should


be for entire Mining Services Agreement period. Alternatively a bank
guarantee of shorter validity, minimum 5 years may be submitted, which has
to be renewed six months before the expiry of such bank guarantee
submitted.

7.15 Submission of Bid


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7.15.1 The deadline for the submission of the bid shall be --/--/2016 up to 14:00
hours (IST) at the following address:
Deputy General Manager I/c (Projects- PCC), TK
Expansion Building
SAIL - Bhilai Steel Plant, Bhilai-490 001,
Distt. Durg Chhattisgarh, India.
Tel: + 91 788 285 2394, 3336
Fax: + 91 788 222 1197/ 1170

7.15.2 No submissions shall be allowed after the above deadline specified for
submission of Bids. SAIL - Bhilai Steel Plant may ask for further
clarifications/ documents as and when required, which may be submitted by
the Bidders after the abovementioned deadline.

7.15.3 The Bidder has the option of sending its bid by registered post/courier or
submitting the bid in person so as to reach the designated address by the
time and date specified in this Document. SAIL - Bhilai Steel Plant shall not
be responsible for any delay in the receipt of the bid.

7.15.4 The Bidders must note that the bid shall not be received by SAIL - Bhilai
Steel Plant by fax and email. Only those bids which are received in sealed
condition by SAIL - Bhilai Steel Plant by post/ courier or in person till the last
date and time specified for submission shall be considered by SAIL - Bhilai
Steel Plant.

7.16 Opening of Bids

7.16.1 The Bids would be opened on the date and time specified in this Document
at the above-mentioned address. Representatives of all bidders should
remain present at the time of opening of Techno Commercial bid. Bidder's
representatives should submit their respective letters of authorisation on
Bidding Company‘s letterhead. The said authorisation should be duly signed
by the authorised representative empowered for purposes of the transaction,
for being allowed to participate in the bid opening exercise. The Bidders‘
representatives shall initial the minutes of the Bid opening.

7.16.2 Part-1 and Part-2 bids shall be opened on 27/10/2016 at 15:00 hours (IST).

7.16.3 The envelope (Part-1) containing EMD shall be opened before the ―Techno
Commercial Bid and Integrity Pact‖ (Part-2). The Techno Commercial bid will
be opened only if EMD is found in order. The bids without EMD as per the
provisions in the bid document will be summarily rejected.

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7.16.4 At the time of opening of Part 1 and Part 2 of the bids, Part 3- Price bid shall
not be opened by SAIL - Bhilai Steel Plant.

7.16.5 Bhilai Steel Plant at its option can decide for opening of sealed price bids or
discover L-1 Price through online Reverse auction, even after calling of
sealed price bid. In case of resorting to online Reverse Auction, Eligible
bidders shall be intimated for participation in price bidding through online
Reverse Auction over internet to be conducted by BSP‘s service provider M/s
Metal Junction and Rules of the same will be handed over to them. The
General Rules and Regulations governing conduct of online Reverse
Auctions are enclosed as Format-11.

7.17 Evaluation of Bids

After evaluation of the Techno Commercial Bid and Integrity pact (Part-2)
only the techno commercially qualified Bidders shall be considered eligible
and intimated for the opening of their Price Bid (Part-3).

7.17.1 Evaluation of Techno Commercial Bid

7.17.1.1 The Techno Commercial Bid shall be initially scrutinized to establish


―Responsiveness‖. A Techno Commercial Bid shall be deemed to be ―Non-
responsive‖ in the following cases:

1. It does not include sufficient information for it to be evaluated objectively.

2. Prima-facie there is significant inconsistencies between the information


submitted and the supporting documents or the supporting documents
are not submitted.

3. If Integrity Pact submitted by them is not found in order.

4. Bidders not satisfying the technical and financial qualifying criteria as


mentioned in the bid requirements in Chapter 6 of the bid document.

5. It is not signed and/ or sealed in the manner and to the extent indicated in
the Bid document.

7.17.1.2 The ―Responsive‖ Techno Commercial Bid shall be evaluated to determine


their compliance with the Qualifying Requirements, detailed in Chapter 6 of the
bid document. For this purpose, SAIL - Bhilai Steel Plant shall use the
supporting documents submitted by the bidder and/ or information available
with or obtained by SAIL - Bhilai Steel Plant.

7.17.2 Price Bid Evaluation

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7.17.2.1The Bid qualifying as per the Techno Commercial Bid (Part-2) shall be
considered for Price Bid Evaluation.

7.17.2.2The Price Bid shall be rejected in the following cases:

1. It is not signed and/ or sealed in the manner and to the extent indicated
in the Bid Document.

2. Conditional offer.

3. Over writing, illegibility

7.17.2.3The information required to be provided by the Bidders submitting their Price


Bid is outlined in Clause 7.11.3.

7.17.2.4 In case if there is any discrepancy between the price quoted in figure and
words then the quote provided in words shall prevail.

7.17.2.5 The Bidder quoting the lowest Mining Fee shall be declared as Successful
Bidder.

7.18 Deviation

The terms and conditions shall be as per this bid document. The Bidder
shall submit the bid in conformity with the terms and conditions, without any
deviations. However, if any bidder is unable to accept any particular term
as incorporated in the bid document, or proposes any deviation there from,
the bidder shall enclose along with the Techno commercial bid, a statement
of Deviations as per Format 9 of the bid document clearly spelling out the
deletions / deviations proposed for consideration of SAIL - Bhilai Steel
Plant.
7.19 Modification and Withdrawal of Bids
7.19.1 The Bidder may modify or withdraw its bid after submission, provided that
written notice of the Modification or withdrawal is received by SAIL - Bhilai
Steel Plant prior to the deadline prescribed for bid submission.

7.19.2 The Bidder‘s modifications specified in Clause 7.19.1 of the bid document,
shall be prepared, sealed, marked and dispatched as follows:
a. The Bidders shall provide one original plus 2 (two) copies of any
modifications to its bid, clearly identified as such, in two inner envelopes
duly marked ―Bid Modifications—Original‖ and ―Bid Modifications—Copies.‖

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The inner envelopes shall be sealed in an outer envelope, which shall be
duly marked ―Bid Modifications.‖
b. Other provisions concerning the marking and dispatch of bid modifications
shall be in accordance with the Clauses 7.12.4 to 7.15 of the bid document.

7.19.3 A Bidder wishing to withdraw its bid shall notify SAIL - Bhilai Steel Plant in
writing prior to the deadline prescribed for bid submission.

7.19.4 No bid shall be withdrawn in the interval between the bid submission
deadline and the expiration of the bid validity period specified in Clause 7.9.
Withdrawal of a bid during this interval may result in the forfeiture of
Bidder‘s EMD, pursuant to Clause 7.13 (h) (i).

7.19.5 Bids together with any modification specified under the clause shall be
considered as 'final' bid at the time of opening of the bid.
7.20 Post Bid Clarification Meeting

7.20.1 SAIL - Bhilai Steel Plant may conduct clarification meetings, if required with
each or any Bidder to clarify any aspects of its bid that require explanation
at this stage of the evaluation. During these meetings, SAIL - Bhilai Steel
Plant may bring to the attention of the Bidder any matters, technical or
otherwise, where for whatever reason, it requires clarification / details about
the bid. All such amendments or changes accepted by the bidder will be
listed in the ―Record Notes of Discussions‖.

7.20.2 The Record Notes of Discussion will also contain the deviations in the bid
that are unacceptable to SAIL - Bhilai Steel Plant and are to be withdrawn.

7.20.3 Taking into consideration, the Record Notes of Discussion SAIL - Bhilai
Steel Plant will carry out further evaluation of the techno commercial bid in
the manner outlined in Clause 7.17.1 in the Bid Document.

7.20.4 After holding clarification meetings and at the end of Techno-commercial


bid evaluation, SAIL - Bhilai Steel Plant will advise the Bidder to either
confirm the validity of their original price bids or, to submit updated price bid
as incremental/ decremental price with respect to the original price bid or
as revised price bid, in a sealed cover within the stipulated date and time.

7.20.5 In case a bidder does not withdraw deviations which are not acceptable to
SAIL - Bhilai Steel Plant, such bids will be treated as conditional bid and
will not be considered for further evaluation.
7.21 Updated Price Bid

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7.21.1 In the event, SAIL - Bhilai Steel Plant invites updated bid, the updated Price
bid shall be signed, sealed and submitted in the same manner specified for
original bids.
7.21.2 The deadline for submission of updated bids and the required validity
thereof shall be specified by SAIL - Bhilai Steel Plant.

7.22 Disqualifications

7.22.1 Notwithstanding anything to the contrary contained herein and without


prejudice to any of the rights or remedies of SAIL - Bhilai Steel Plant, a
Bidder shall be disqualified and its Bid shall be dropped from further
consideration for any of the reasons listed below:

 EMD not submitted and non-compliance to Integrity Pact even after


clarification.

 Deviations from the provisions specified in the bid document.

 The company or the consortium ceases to fulfil the prescribed financial


and/or technical criteria mentioned in this Document.

 The bidder submits a conditional bid.

 Misrepresentation by any Bidder in the Techno Commercial Bid.

 A winding up/insolvency or other proceedings of a similar nature is


pending against the Bidder,

 If any member of the Consortium is shown as a member in another


bidding consortium also.

 If the credentials of a company is utilised by more than one bidder.


7.22.2 If information becomes known after the Bidder has been qualified, at any
stage, which would have entitled SAIL - Bhilai Steel Plant to reject or
disqualify the relevant Bidder, SAIL - Bhilai Steel Plant reserves the right to
reject or disqualify the relevant Bidder at the time, or at any time, such
information becomes known to it. Where such party is a Bidding
Consortium, SAIL - Bhilai Steel Plant may disqualify the entire consortium,
even if it applies to only one member of the Consortium. SAIL - Bhilai Steel
Plant‘s determination that one or more of the events specified under this
section has occurred shall be final and conclusive.
7.23 Clarification from Bidder
If at any time during the evaluation process SAIL - Bhilai Steel Plant
requires any clarifications, they reserve the right to request such
information from any Bidder and the Bidder shall be obliged to provide the
same.

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7.24 Rules of Construction

7.24.1 Words imparting singular shall also include plural and vice-versa and any
word defined in the singular shall have the corresponding meaning when
used in the plural and vice versa.

7.24.2 The titles or headings in this Document are for convenience and easy
reference only and shall not be taken into account for the purpose of
construction or interpretation of this Document.

7.24.3 A reference to any gender includes the other gender.

7.24.4 Unless otherwise specified, a reference to a Chapter, Clause, Annexure,


Schedule, Attachment or paragraph is a reference to a Chapter, Clause,
Annexure, and Schedule, Attachment or paragraph of this Document.

7.24.5 The terms ―include‖ and ―including‖ shall be deemed to be suffixed with the
words ―without limitations‖, whether or not so followed.

7.25 Governing Law

This Document shall be governed by and interpreted in accordance with laws


in force in India and the Courts of Delhi shall have exclusive jurisdiction over
matters relating thereto.
7.26 Integrity Pact

The Bidder shall sign an integrity pact and attach the same with his Bid. The
format for the integrity pact is attached at Format 10 of this document. The
Integrity Pact has to be signed by the Director or by their duly Authorized
signatory and in case of Consortium all the members. In case of failure to
return the Integrity Pact along with Part 2 of the bid, duly signed by the
authority as mentioned above, will disqualify the bid.
7.27(i) The present mining lease is valid up to year 2029. However the term of
contract is proposed to be 30 Years since the validity of the mining lease will
get further renewed as per MMDR Amendment Act-2015 & subsequent
notification Dt. 03.12.2015 i.e., Mineral (Mining by Government Company)
Rules 2015.
7.27(ii) In case of premature termination of lease for any reason but no fault on the
part of MDO, this agreement shall also stand terminated without any financial
implication to either party.

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CHAPTER8
FORMATS

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Format 1 -EXECUTIVE SUMMARY

(The Executive Summary is required to be submitted by the Bidder/ Lead Member


of Bidding Consortium on its letter head)

The executive summary should contain a one page write up about the Bidder/
Consortium, providing the Business Profile of the company and key achievements
in the mining sector.

Name of the Bidder/ Bidding Consortium

Constitution – (Supporting Documents)

Name of the Lead member in the Bidding Consortium

Details of the Bidding Consortium (If applicable):

Role Envisaged for each of the Member Company

Details of Experience (Mining, Infrastructure etc.)

Contact Details:

Name of the Contact Person

Address for communication

Phone/Fax/Email:

Signature of Authorized Signatory

Seal of the Company

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Format 2- COVERING LETTER FOR TECHNO COMMERCIAL BID

(The covering letter is required to be submitted by the Bidder/ Lead Member of


Bidding Consortium on its letter head)

Bidder‘s Name:

Full Address:

Telephone No:

Email Address:

Fax No.

To,

Steel Authority of India Ltd


Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Sub: - Response to Bid Document for Development of 14 MTPA Iron Ore Mine at
Rowghat.

Dear Sir,

We ------------------------- (Name of the Bidder) having its registered office at ------------


------------------- having examined in detail and understood the terms and conditions
stipulated in the aforesaid Documents and subsequent corrigendum, if any, and
confirm that our Techno Commercial Bid is in full conformity with these Documents.

We, the undersigned Bidder having read & examined in detail the Qualifying
Requirements for selection of Developer and hereby submit our response.

CONTACT PERSON

Details of the contact person are furnished as under:

Name

Designation

Company

Address

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Phone No.

Fax Nos.

Email address

Please find enclosed herewith one (1) original + two (2) copies of our Techno
Commercial Bid in response to the documents issued by SAIL - Bhilai Steel Plant
vide Tender no. ------------------------ dated ------------------ (Bidder to specify date of
issue of Documents by SAIL - Bhilai Steel Plant) and its subsequent corrigendum
No (s) ---------------- (Bidder to insert corrigendum no issued, if any by SAIL - Bhilai
Steel Plant subsequent to issue of Document)

Dated the --------- day of ------- of 2016

The period of validity of the bid shall not be less than 180 days from the last date of
submission.

Thanking You,

Yours faithfully,

(Signature, Name, Designation and Seal)

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Format 3-

SUBMISSION OF TECHNICAL CRITERIA AS PER QUALIFYING


REQUIREMENTS

(The covering letter is required to be submitted by the Bidder/ Lead Member of


Bidding Consortium on its letter head)

To,

Steel Authority of India Ltd


Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Sub: Submission of Technical Qualification Criteria for Bid Document for


Development of 14 MTPA Iron ore Mine at Rowghat.

I/ We ------------------------ (The legal name of the Bidder) confirm that we have

OR

I/ We, the Bidding Consortium, consisting of ----------------- and --------------------,


confirm that we have the requisite technical experience as mentioned in the
Qualifying requirements as given below:

1. Mining Experience

S. Period Details of Mine Mineral Annual


No Mine with Owner / mentioned Production
Location, Contractor in Clause in MTPA
address, 6.1.1.1 (i)
contact
details and
type of
mineral

Total
Production

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2. Industrial/ Infrastructure Experience

Sr. Details of Industrial/ Capital Cost Year of


No. Infrastructure Project with Commissioning
Location, Address,
Contact Details,
ownership and type of
project.

Thanking you, we remain,

Yours faithfully,

(Signature)…..

Date: (Name)……….

Place: (Designation)…

(Seal)………….

NOTE:

1. In case the Financial Year as per the audited financial statement is different
from 1st April to 31st March as specified here, the Bidder/ Bidding Consortium
may mention the Financial Year as per the audited financial statements and
furnish the production details of minerals accordingly.

2. Supporting documents has to be enclosed with this letter.

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Format 4-

SUBMISSION OF FINANCIAL CRITERIA AS PER QUALIFYING


REQUIREMENTS

(The covering letter is required to be submitted by the Bidder/ Lead Member of


Bidding Consortium on its letter head)

To,

Steel Authority of India Ltd


Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Dear Sir,

Sub: Submission of Financial Criteria for Development of 14 Mtpa Iron Ore Mine at
Rowghat.

I/ We ------------------------ (The legal name of the Bidder) confirm that we have

OR

I/We, the Lead member of the Bidding Consortium, consisting of ------ and ------------
--------- confirm that we have

The requisite Financial Qualifying Criteria as given below:

Turnover:

Particulars FY 2014-15(` FY 2013-14 FY 2012-13


In crores) (`In crores) (` In crores)

Lead
Member

Member 2

Member 3

Total

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Net worth:

Particulars FY 2014-15
(`In crores)
Lead Member
Member 2
Member 3
Total

Audited Balance sheets for the last three financial years are enclosed herewith.
Thanking you, we remain,

Yours faithfully,

(Signature)…..

Date: (Name)……….

Place: (Designation)…

(Seal)………….

NOTE:

i. In case the Financial Year as per the audited financial statement is different
from 1st April to 31st March as specified here, the Bidder/ Bidding
Consortium may mention the Financial Year as per the audited financial
statements and furnish the financial details accordingly.
ii. Where the financial statement is expressed in currency other than Indian
Rupees, the financial qualification as described above shall be computed by
converting the financial figures in foreign currency to Indian Rupees based
on exchange TT selling rates observed by Reserve Bank of India (RBI) and
notified by State Bank of India (SBI) prevailing on the end date of their
respective financial accounting year. If the last day of the corresponding
financial closing year happens to be non-working day for SBI, then previous
working day of SBI will be considered for conversion to Indian Rupees

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Format 5-

SUBMISSION OF ADDITIONAL INFORMATION

To,

Steel Authority of India Ltd


Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Dear Sir,

Sub: Submission of Additional information for Development of 14 Mtpa Iron Ore


Mine at Rowghat.

We ---------------------------- (Name of the Bidder) are furnishing the following


additional information apart from those already mentioned in this Documents, which
in our opinion strengthens our case for being well qualified to undertake the
development and operation of 14 Mtpa Iron Ore Mine at Rowghat.

The following is the list of documents/ information provided by us:

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

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

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

Thanking you, we remain,

Yours faithfully,

(Signature……)

Date: (Name………..)

(Designation…)

Place: (Seal)

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Format 6-
Price Bid
(The Price Bid is required to be submitted by the Bidder/ Lead Member of Bidding
Consortium on its letter head)
To,
Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Dear Sir,
Sub: Submission of Price Bid for Development of 14 Mtpa Iron Ore Mine at
Rowghat.

We, the undersigned, offer to develop the 14 Mtpa Iron Ore Mine at Rowghat in
accordance with your Bid Document dated………….., and our Price Bid is given
below:

Format for Quoting Mining Fee

ITEM DESCRIPTION Rate (INR per Rate (INR per


metric tonne of metric tonne
Iron Ore in of Iron Ore in
figures) words)
1 Mining Fee in Rs. per tonne
for (-)40 mm/(-)30 mm
unscreened Ore loaded into
wagons
Note: -
Taxes, duties,levies,cess and other statutory fees/charges applicable for providing
mining services, service tax, royalty payable to the State and /or Central
government shall be excluded from the fees quoted and shall be reimbursed on
actual subject to documentary evidence. Taxes payable by the Bidder which are
not incidental to mining services to SAIL - Bhilai Steel Plant, including income tax
and such duties/charges, on electricity and water etc. shall not be paid or
reimbursed by SAIL - Bhilai Steel Plant
We confirm that our Price bid shall be binding upon us up to expiration of the
validity period of the Bid.
Thanking you, we remain,

Yours faithfully,

Date: (Signature……)
Place: (Name………..)
(Designation…)
(Seal)
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Format 7-
EMD Bank Guarantee

(On Non-Judicial Stamp Paper of appropriate value)

...............................................................................................……… (Name of the


Bank)
Address.......................................................................
…………………….............................................................
Guarantee No. .......................................
A/c Messrs............................................................................................... (Name of
Bidder)
Date of Expiry........................................
Limit to liability (currency & amount)
..................................................................................
Invitation For Bid No. ......................................................... dated
..........................................
For...................................................................................................... (Name of
Facilities/ Work)
Subject : Earnest Money Deposit Bank Guarantee.
Date .................................. 20...
To
Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Dear Sir,

In consideration of the Steel Authority of India Limited (hereinafter called “SAIL -


Bhilai Steel Plant”) which expression shall unless repugnant to the subject or
context include his successors having issued a tender for the work of development
of 14 MTPA iron ore mine at Rowghat in the state of Chhattisgarh wherein M/s
___________ (hereinafter called “Bidder”) is required under the terms & conditions
of the said tender (hereinafter called the said ―Bidding Document‖) issued by SAIL -

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Bhilai Steel Plant vide No. ________ to deposit EMD for the due fulfilment by the
Bidder of the terms and conditions contained in the said Bidding Document
including any amendments thereto, on production of Bank Guarantee for Rs. /
________ (Rupees / or equivalent amount in US $ )(_______ _ only) (figure in
words).
1. We ............................................ (Name of the Bank) do hereby expressly
irrevocably and unreservedly undertake to unconditionally pay to you merely on
your written demand, without referring it to the Bidder and without protest and
demur an amount not exceeding ................................ (currency and amount).
Any such demand made on us shall be conclusive as regards the amount due
and payable by us under this guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding .......................
2. Notwithstanding anything to the contrary we agree that your decision as to
whether the Bidder has committed a breach of any terms and conditions of the
tender/contract shall be final and binding on us and we shall not be entitled to
ask you to establish your claim or claims under this Guarantee but shall pay the
same forthwith without any objection or excuse.
3. We undertake to pay to you any money so demanded notwithstanding any
dispute or disputes raised by the Bidder in any suit or proceeding pending
before any court or Tribunal or arbitration relating thereto, our liability under
these presents being absolute and unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge of
our liability for payment there under.
4. This guarantee shall come into force from the date of issue of this guarantee
and shall remain irrevocably valid and in force initially up to ______________
unless a demand or claim under this guarantee is made on us in writing on or
before _______________ we shall be discharged from all liability under this
guarantee.
5. We _______________ Bank Ltd. further agree with you that you shall have the
fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Bidding
Document and we shall not be relieved from our liability by reason of any such
variation.
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6. It shall not be necessary for SAIL - Bhilai Steel Plant to proceed against the
Bidder before proceeding against the Bank and the Guarantee herein contained
shall be enforceable against the Bank, notwithstanding any security which SAIL
- Bhilai Steel Plant may have obtained from the Bidder at this time when
proceedings are taken against Bank hereunder be outstanding or unrealised.
7. Notwithstanding anything contained herein before our liability under this
guarantee is restricted up to a sum ............. (currency and amount) and shall
expire on ............. unless a claim or demand is made on us in writing within the
three months of expiry date all your rights shall be forfeited and we shall stand
relieved and discharged from our liabilities hereunder.
8. We, the said Bank undertake not to revoke this guarantee during its currency
except with the previous consent of SAIL - Bhilai Steel Plant in writing and
agree that any change in the constitution of SAIL - Bhilai Steel Plant or the
Bidder or the said Bank shall not discharge our liability hereunder dated
________ day of ___________ 20.. _______ for
__________________________ Bank Ltd.
9. In order to give full effect of the Guarantee herein contained, you shall be entitled
to act as if we were your principal debtors in respect of all your claims against
the MDO, hereby guaranteed by us as aforesaid and we hereby expressly waive
all our surety ship and other rights, if any, which are in any way inconsistent with
the above or any other provisions of this Guarantee.
10. This Guarantee and the powers and provisions herein contained are in addition
to and not by way of limitation of or substitution for any other guarantee or
guarantees heretofore given to you by us (whether jointly with other or along)
and now existing un-cancelled and that this Guarantee is not intended to and
shall not revoke or limit such guarantee or guarantees.

11. This Guarantee shall not be discharged by any change in the constitution of the
MDO or us, nor shall it be affected by any change in your constitution or by any
amalgamation or absorption thereof or therewith but will ensure for and be
available to and effaceable by the absorbing or amalgamated company or
concern.

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We have power to issue this guarantee under the provision of the -----------------------
(Name of the Bank) Act, General Regulations made there under and the
undersigned has full power to sign this guarantee under the delegation of powers
and notification made under General Regulation ---------------------------(Reference
No. -----------------------------------) of the resolution of the executive committee of the
Central Board of the Bank in the Central Government Gazette.

Yours faithfully
For ..........................................
(Name of the Bank)

Dated -------------- day of ----------2014

Note :

While issuing the Bank Guarantee, the issuing Bank must furnish following details :

Name & Address of the Bank:

Contact Person:

Telephone No. :

Fax No. :

E-mail address:

The MDO while getting the Bank Guarantee issued by the Banker must take care of
the above details.

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Format 8

PERFORMANCE BANK GUARANTEE


(To be executed on Non-Judicial Stamp Paper of appropriate value)

....................................................................................................................... (Name
of the Bank)
Address
..............................................................................................................................
Guarantee No. .......................................
A/c Messrs .................................................................................................. (Name of
MDO)
Date of Expiry ........................................
Limit to liability (currency & amount)
..............................................................................................
Contract No.
.............................................................................................................................
For .......................................................................................................... (Name of
Facilities/ Work)

Subject :Performance Bank Guarantee

Date .................................. 20..


To
Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Dear Sir,

We refer to the Contract Agreement (hereinafter called the ―Contract‖) Reference


No. ..................... Dated ............. between you and M/s. (Name of the MDO)
(hereinafter called the ―MDO‖) for the development of the 14 Mtpa A Iron Ore Mine
at Rowghat.

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Whereas the MDO has undertaken to produce a Bank guarantee under the
Contract including any amendment thereto, to secure its obligations to you for the
performance of the Contract including the guarantees and warranty of the Facilities
& the equipment supplied.

1. We ............................................ (Name of the Bank) do hereby expressly


irrevocably and unreservedly undertake to unconditionally pay to you merely
on your written demand, without referring it to the MDO and without protest
and demur an amount not exceeding ................................. (currency and
amount). Any such demand made on us shall be conclusive as regards the
amount due and payable by us under this guarantee. However, our liability
under this guarantee shall be restricted to an amount not
exceeding.......................
2. Notwithstanding anything to the contrary we agree that your decision as to
whether the MDO has committed a breach of any terms and conditions of the
contract shall be final and binding on us and we shall not be entitled to ask
you to establish your claim or claims under this Guarantee but shall pay the
same forthwith without any objection or excuse.
3. We undertake to pay to you any money so demanded notwithstanding any
dispute or disputes raised by the MDO in any suit or proceeding pending
before any court or Tribunal or arbitration relating thereto, our liability under
these presents being absolute and unequivocal.
The payment so made by us under this Guarantee shall be a valid discharge
of our liability for payment there under.
4. This guarantee shall come into force from the date of issue of this guarantee
and shall remain irrevocably valid and in force initially up to______________
and the same shall be extended further till the expiry of the Contract Period
or life of the 14 Mtpa Iron Ore Mine at Rowghat whichever is earlier.
5. This guarantee shall not in any way be affected by you taking any securities
from the MDO or by the winding up, dissolution, insolvency as the case may
be of the MDO. We shall not be entitled to proceed against the assets of the
MDO at your site.

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6. In order to give full effect to the Guarantee herein contained, you shall be
entitled to act as if we were your principal debtors in respect of all your
claims against the MDO, hereby guaranteed by us as aforesaid and we
hereby expressly waive all our surety ship and other rights, if any, which are
in any way inconsistent with the above or any other provisions of this
Guarantee.
7. The Bank undertakes to renew this Bank Guarantee from time to time and in
case Bank fails to extend the validity of the Bank Guarantee prior to its
expiry, the same shall be deemed to be invoked by SAIL - Bhilai Steel Plant.
8. This guarantee is in addition to any other guarantee or guarantees given to
you by us.
9. This guarantee shall not be discharged by any change in the constitution of
the MDO or us, nor shall it be affected by any change in your constitution or
by any amalgamation or absorption thereof or therewith but will ensure for
and be available to and effaceable by the absorbing or amalgamated
company or concern.
10. Notwithstanding anything contained herein before our liability under this
guarantee is restricted up to a sum ............. (currency and amount) and
shall expire on ............. unless a claim or demand is made on us in writing
within three months of the expiry date all your rights shall be forfeited and we
shall stand relieved and discharged from our liabilities hereunder.
11. In order to give full effect of the Guarantee herein contained, you shall be
entitled to act as if we were your principal debtors in respect of all your
claims against the MDO, hereby guaranteed by us as aforesaid and we
hereby expressly waive all our surety ship and other rights, if any, which are
in any way inconsistent with the above or any other provisions of this
Guarantee.
12. This Guarantee and the powers and provisions herein contained are in
addition to and not by way of limitation of or substitution for any other
guarantee or guarantees heretofore given to you by us (whether jointly with
other or along) and now existing un-cancelled and that this Guarantee is not
intended to and shall not revoke or limit such guarantee or guarantees.

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13. This Guarantee shall not be discharged by any change in the constitution of
the MDO or us, nor shall it be affected by any change in your constitution or
by any amalgamation or absorption thereof or therewith but will ensure for
and be available to and effaceable by the absorbing or amalgamated
company or concern.

We have power to issue this guarantee under the provision of the -------------------
---- (Name of the Bank) Act, General Regulations made there under and the
undersigned has full power to sign this guarantee under the delegation of
powers and notification made under General Regulation ---------------------------
(Reference No. -----------------------------------) of the resolution of the executive
committee of the Central Board of the Bank in the Central Government Gazette.

Your faithfully
For .................................................
(Name of the Bank)
Dated ......... day of ............... 20..
Note :

While issuing the Bank Guarantee, the issuing Bank must furnish following details :

Name & Address of the Bank :

Contact Person:

Telephone No. :

Fax No. :

E-mail address:

The MDO while getting the Bank Guarantee issued by the Banker must take care of
the above details.

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Format 9

Deviation Sheet

(To be submitted by the Bidder/ Lead Member of Bidding Consortium on its letter
head)

To,
Steel Authority of India Ltd
Bhilai Steel Plant,
Bhilai -490001, Distt.-Durg (Chhattisgarh), India

Dear Sir,

Sub: Submission of Deviations from the Bid Document and Mining Services
Agreement for Development of 14 Mtpa Iron Ore Mine at Rowghat.

We, the undersigned, submit the following deviation to the Bid document and
Mining Services Agreement in our Bid.

Sr. No. Tender Clause Deviation

We request your consideration of the same before opening of Price Bid.

Thanking you, we remain, Yours faithfully,

Date: (Signature……)

Place: (Name………..)

(Designation…)

(Seal)

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Format 10

INTEGRITY PACT

Between

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

and

…………………………………………… hereinafter referred to as “The Bidder/


Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures,


contract/s for………………………………………The Principal values full
compliance with all relevant laws of the land, rules, regulations, economic use of
resources and of fairness / transparency in its relations with its Bidder(s) and / or
Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent


External Monitor (IEM), who will monitor the tender process and the execution of
the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-

a. No employee of the Principal, personally or through family members,


will in connection with the tender for , or the execution of a contract,
demand, take a promise for or accept, for self or third person, any
material or immaterial benefit which the person is not legally entitled
to.

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

c. The Principal will exclude from the process all known prejudiced
persons.

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(2) If the Principal obtains information on the conduct of any of its
employees which is a criminal offence under the IPC/PC Act, or if there be
a substantive suspicion in this regard, the Principal will inform the Chief
Vigilance Officer and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/ contractor(s)

(1) The Bidder(s)/ Contractor(s) commit themselves to take all measures


necessary to prevent corruption. He commits himself to observe the
following principles during his participation in the tender process and
during the contract execution.

a. The Bidder(s)/ Contractor(s) will not, directly or through any other


person or firm, offer, promise or give to any of the Principal‘s
employees involved in the tender process or the execution of the
contract or to any third person any material or other benefit which
he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or during
the execution of the contract.

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

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

d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name


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

e. The Bidder(s)/ Contractor(s) will, when presenting his bid, disclose any
and all payments he has made, is committed to or intends to make to

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agents, brokers or any other intermediaries in connection with the
award of the contract.

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

Section 3- Disqualification from tender process and exclusion from future


contracts

If the Bidder(s)/Contractor(s), before award or during execution has


committed a transgression through a violation of Section 2, above
or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or take action as
per the procedure mentioned in the ―Guidelines on Banning of
business dealings‖. Copy of the ―Guidelines on Banning of
business dealings‖ is placed at (page nos. 8-17).

Section 4 – Compensation for Damages

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

(2) If the Principal has terminated the contract according to Section 3,


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

Section 5 – Previous transgression

(1) The Bidder declares that no previous transgressions occurred in


the last three years with any other Company in any country
conforming to the anti-corruption approach or with any Public
Sector Enterprise in India that could justify his exclusion from the
tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be


disqualified from the tender process or action can be taken as per
the procedure mentioned in ―Guidelines on Banning of business
dealings‖.

Section 6 – Equal treatment of all Bidders / Contractors / Subcontractors


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(1) The Bidder(s)/ Contractor(s) undertake(s) to demand from his
subcontractors a commitment in conformity with this Integrity Pact.

(2) The Principal will enter into agreements with identical conditions as
this one with all Bidders and Contractors.

(3) The Principal will disqualify from the tender process all bidders who
do not sign this Pact or violate its provisions.

Section 7– Criminal charges against violating Bidder(s) / Contractor(s) /


Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or
Subcontractor, or of an employee or a representative or an associate of a
Bidder, Contractor or Subcontractor which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform
the same to the Chief Vigilance Officer.
Section 8 – Independent External Monitor / Monitors
(1) The Principal appoints competent and credible Independent External
Monitor for this Pact. The task of the Monitor is to review independently
and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the
parties and performs his functions neutrally and independently. It will be
obligatory for him to treat the information and documents of the
Bidders/Contractors as confidential. He reports to the Chairman, SAIL -
Bhilai Steel Plant.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to
access without restriction to all Project documentation of the Principal
including that provided by the Contractor. The Contractor will also grant
the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The
same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder(s)/
Contractor(s)/ Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such
meetings could have an impact on the contractual relations between the
Principal and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this
agreement, he will so inform the Management of the Principal and
request the Management to discontinue or take corrective action, or to
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take other relevant action. The monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to
demand from the parties that they act in a specific manner, refrain from
action or tolerate action.
(6) The Monitor will submit a written report to the Chairman, SAIL - Bhilai
Steel Plant within 8 to 10 weeks from the date of reference or intimation
to him by the Principal and, should the occasion arise, submit proposals
for correcting problematic situations.
(7) If the Monitor has reported to the Chairman SAIL - Bhilai Steel Plant, a
substantiated suspicion of an offence under relevant IPC/ PC Act, and
the Chairman SAIL - Bhilai Steel Plant has not, within the reasonable
time taken visible action to proceed against such offence or reported it to
the Chief Vigilance Officer, the Monitor may also transmit this information
directly to the Central Vigilance Commissioner.
(8) The word „Monitor‘ would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires
for the Contractor 12 months after the last payment under the
contract, and for all other Bidders 6 months after the contract has
been awarded.
If any claim is made / lodged during this time, the same shall be
binding and continue to be valid despite the lapse of this pact as
specified above, unless it is discharged / determined by Chairman of
SAIL - Bhilai Steel Plant.
Section 10 – Other provisions
(1) This agreement is subject to Indian Law. Place of performance and
jurisdiction is the Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be
made in writing. Side agreements have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must
be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be


invalid, the remainder of this agreement remains valid. In this case, the
parties will strive to come to an agreement to their original intentions.

(5) In the event of any contradiction between the Integrity Pact and its
Annexure, the Clause in the Integrity Pact will prevail.‖

_____________________________ ______________________________
(For & On behalf of the Principal) (For & On behalf of
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Bidder/ Contractor)
(Office Seal) (Office Seal)
Place --------------
Date --------------
Witness 1:
(Name & Address) _____________________________
_____________________________
Witness 2:
(Name & Address) _____________________________
_____________________________

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1.0 GUIDELINES FOR INDIAN AGENTS OF FOREIGN SUPPLIERS

1.1 There shall be compulsory registration of agents for all Global (Open)
Tender and Limited Tender. An agent who is not registered with SAIL -
Bhilai Steel Plant Plants/Units shall apply for registration in the prescribed
Application –Form.

1.2 Registered agents will file an authenticated Photostat copy duly attested
by a Notary Public/Original certificate of the principal confirming the
agency agreement and giving the status being enjoyed by the agent and
the commission/remuneration/salary/ retainer ship being paid by the
principal to the agent before the placement of order by SAIL - Bhilai Steel
Plant Plants/Units.

1.3 Wherever the Indian representatives have communicated on behalf of


their principals and the foreign parties have stated that they are not
paying any commission to the Indian agents, and the Indian
representative is working on the basis of salary or as retainer, a written
declaration to this effect should be submitted by the party (i.e. Principal)
before finalizing the order\

2.0 DISCLOSURE OF PARTICULARS OF AGENTS/ REPRESENTATIVES


IN INDIA, IF ANY.

2.1 Tenderers of Foreign nationality shall furnish the following details in their
offer:

2.1.1 The name and address of the agents/representatives in India, if any and
the extent of authorization and authority given to commit the Principals. In
case the agent/representative be a foreign Company, it shall be confirmed
whether it is real substantial Company and details of the same shall be
furnished.\

2.1.2 The amount of commission/remuneration included in the quoted price(s)


for such agents/representatives in India.

2.1.3 Confirmation of the Tenderer that the commission/ remuneration if any,


payable to his agents/representatives in India, may be paid by SAIL -
Bhilai Steel Plant in Indian Rupees only.

2.2 Tenderers of Indian Nationality shall furnish the following details in their
offers:

2.2.1 The name and address of the foreign principals indicating their nationality
as well as their status, i.e, whether manufacturer or agents of
manufacturer holding the Letter of Authority of the Principal specifically

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authorizing the agent to make an offer in India in response to tender either
directly or through the agents/representatives.

2.2.2 The amount of commission/remuneration included in the price (s) quoted


by the Tenderer for himself.

2.2.3 Confirmation of the foreign principals of the Tenderer that the


commission/remuneration, if any, reserved for the Tenderer in the quoted
price (s), may be paid by SAIL - Bhilai Steel Plant in India in equivalent
Indian Rupees on satisfactory completion of the Project or supplies of
Stores and Spares in case of operation items .

2.3 In either case, in the event of contract materializing, the terms of payment
will provide for payment of the commission /remuneration, if any payable
to the agents/representatives in India in Indian Rupees on expiry of 90
days after the discharge of the obligations under the contract.

2.4 Failure to furnish correct and detailed information as called for in


paragraph-2.0 above will render the concerned tender liable to rejection or
in the event of a contract materializing, the same liable to termination by
SAIL - Bhilai Steel Plant. Besides this there would be a penalty of banning
business dealings with SAIL - Bhilai Steel Plant or damage or payment of
a named sum.

*******

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Format 11-

GENERAL RULES AND REGULATIONS GOVERNING CONDUCT OF ONLINE


REVERSE AUCTION

1. Service Provider:
For conducting the Reverse Auction, Steel Authority of India Limited (SAIL) has
engaged the services of MJunction services limited (hereinafter referred to as
Service Provider or SP) for conducting the Reverse Auctions. SP is fully authorized
to give clarifications / coordinate with the supplier on behalf of SAIL w.r .t. conduct
of Reverse Auction. Their address and contact details are as given alongside
2. Introduction to General Rules & Regulations:
The General Rules and Regulations provided herein govern the conduct of On-line
Reverse Auctions operated by Mjunction Services Ltd. These rules cover the roles
and responsibilities of the parties in the On-line Reverse Auctions on the MJunction
platform. Acceptance in-toto to these General Rules and Regulations is a
prerequisite for securing participation in the On-line Reverse Auctions on the
MJunction platform.
3. Role of Service Provider:
MJunction is the agency (operator) primarily providing the platform for conducting
the Reverse Auction. As the agency providing the auction engine, the role of
MJunction would include:
 Setup the auction based on item details and bidding rules as mentioned in tender
document.
 Providing access through user-id protected by password to the approved bidders
to participate in the auction.
 Enhancing bidder awareness by providing them the details / steps of auction
process to enable them participate in Reverse Auction and comfort with the
auction mechanism and bidding rules.
 Summarizing auction proceedings and communicating of the outcome.
4. Role of the Bidder:
The role of the bidder is outlined below:
 Give written consent to General Rules and Regulations. Access to auction
mechanism shall be provided only after such consent.
 Ensure that user-id and password to access the auction is not revealed to
unauthorized persons.
 Participate in the Reverse Auction with the aim of bidding to secure the
auctioned item in the auction (being selected for supplying SAIL’s requirement
in a Reverse Auction).
 Convey last quoted price in writing to SAIL, immediately after close of Reverse
Auction.
 Provide breakup of quoted price (if required) within stipulated time as mentioned
in tender document or otherwise communicated.
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 In the event of winning an allotment, fulfil all obligations under the contract

5. Bidding Rules:
The Bidding Rules refer to the information and terms defined specifically for a
particular Reverse Auction. The purpose of the Bidding rules is to provide approved
bidder with the information and terms specific to the auction in which they are
bidding. This would include:
 Start Time and duration of the Reverse Auction
 Any extension of the duration of the auction in the event of bids being received towards
the end of the pre-specified duration
 Start Bid Price (if specified)
 Minimum & Maximum Bidding Quantity (if specified)
 Price Decrements and any reduction in the price decrements in the auction in the event
of inactivity
 Other attributes (informational/non-negotiable in nature)
Participation in the auction process presumes complete awareness and understanding
of the bidding rules.

6. Conduct of the Reverse Auction:


The Reverse Auction shall be conducted on pre-specified date & time.
MJunction retains the right to cancel or reschedule the Reverse Auction on any of the
followings reasons:
 Some of the confirmed bidders are unable to access the module due to
infrastructure problems such as sustained power failure or telecommunication
breakdown.
 Bids are received but above the Start Bid Price
The duration of the Reverse Auction may also vary from the pre-specified period of
time on account of termination of the auction by MJunction :
 On the advice of the SAIL, or,
 On its own accord in case of situations where it is felt that continuance of the
auction proceedings is prejudicial to the smooth conduct and / or integrity of the
auction process.
7. Problems during the conduct of the Reverse Auction:
In the event of any problems being faced in the smooth conduct of the auction,
MJunction shall have the right to undertake one or more of the following steps:
 Cancellation of a bid
 Locking of bidders account (suspension of operations in the account) etc. Such
intervention may even happen without seeking prior concurrence of SAIL. MJ
shall be inform SAIL, clearly stating reasons, of such cancellation / suspension.
8. Ensuring Participation & Loss of connectivity:
The bidders have to participate in the RA from their own office/ own arrangement.
The bidder has to make arrangement for ensuring Internet connectivity throughout
RA. For this, the bidder shall be solely and exclusively responsible for ensuring
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continuance of connectivity. SAIL shall in no way be responsible for the
consequences arising out of disruption of Internet connectivity. In case the bidder
desires, efforts will be made to provide assistance during the Reverse Auction phase
by deploying skilled persons from Service provider/authorized representative at the
participating vendor locations. However, SAIL or Service provider shall in no way
be responsible ensuring Internet connectivity.

9. Liability of Service Provider:


MJunction shall not be liable to the SAIL / bidders in the auction or any other
person(s) for:
 Any breach of contract by any party in the fulfilment of the underlying contract.
 Any delays in initiating the online auction or postponement / cancellation of the
online auction proceedings due to any problem with the hardware / software /
infra structural facilities or any other shortcomings.
10. Confidentiality Clause:
MJunction undertakes to handle any sensitive information provided by the SAIL or
confirmed bidders for the Reverse Auctions conducted on the MJunction platform
with utmost trust and confidentiality.
11. Jurisdiction:
Any disputes relating to the online Reverse Auction module shall be subject to the
sole jurisdiction of the district court of the <plant>.
12. Right of SAIL:
SAIL reserves the right to fully / partly accept or reject any or all bids placed in the
online Reverse Auction without assigning any reason whatsoever. SAIL also
reserves the right to allot the tendered quantity to one or more bidders.

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Format 12

INTER PLANT STANDARD – STEEL INDUSTRY

SAFETY IN CONTRACT WORKS IPSS: 1-11-010-14


IN MINES (First Revision)
IPSS
Corresponding IS does not exist 1-11-010-01

FOREWORD

0.1 This Inter Plant Standard formulated by the Standards Committee


on Personnel Safety Appliances & Procedures, IPSS 1:11, with the
active participation of the mining and safety engineers/ officers of
the Raw Materials Departments from various steel plants, was
adopted in May 2001 and first revision done in October, 2014.

0.2 This is one of the series of Inter Plant Standards in the area of
safety in mines involved in raw material supply to the steel plants
and providing guidance to all concerned in accident prevention.

1. SCOPE

1.1 Safety is the responsibility of the Contractor and his staff/


employees/ workmen engaged/ deployed for execution of work
under the Contract, individually and collectively. For this purpose,
the Contractor staff means and includes all its Associates/ Sub-
contractors/ Vendors/ Sub- vendors and their staff/ employees/
Workmen deployed for execution of the work covered under the
Contract. The Contractor shall ensure that his workmen participate
in the safety awareness programmes, health care programmes and
safety training programmes whenever such programmes are
organized by the employer or the contractor.

2. PROCEDURE

2.1. General Requirement

2.1.1 Contractor shall ensure that a copy of the Safety Codes is


handed over to Associates/ Sub-contractors/ Vendors/ Sub-vendors
working under his control for the execution of the contract and this
will also be available with the safety coordinator. The contractor
shall also ensure that its Associates/ Sub contractors/ vendors/

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sub-vendors shall abide by the safety codes, safety rules and
instructions of the employer as per statutory act, rules, regulations
& Circulars applicable in Mines

2.1.2 The Contractor and his Associates/sub-contractors/ vendors/ sub-


vendors shall observe all precautions and provide adequate
supervision pertaining to safe working and safety of their staff/
employees/ workmen on the work and also safety of assets and
employer's equipment while executing the work. Statutory
supervision shall be provided by the employer/his representative in
mines.

2.1.3 The Contractor shall ensure that their staff/ employees/ workmen
function effectively towards their own safety as well as safety of
their co-workers and other persons working in the area, including
the areas in the vicinity which may become unsafe due to their
activities.

2.1.4 The contractor shall designate either himself or a person as


SAFETY COORDINATOR who shall maintain regular liaison with the
Employer (Engineer i.e. person appointed by the employer in the
manner provided in contract and to perform the duties delegated
by the Employer and Safety Engineering Department of employer)
to ensure the implementation/ compliance of the Safety Codes and
existing as well as latest instruction of the employer on safety.

2.1.5 The contractor shall, in accordance with prescribed procedure,


obtain Gate Passes from the competent authority who shall make it
available to the contractor and his staff/ employee/ workmen to
enter the work- area. The Validity of photo pass shall be applicable
till the duration of contract.

2.1.6 The contractor shall be fully responsible for accidents caused due
to his or his agent's or workmen's negligence or carelessness in
regard to the observance of safety requirements and shall be liable
to pay compensation for injured person.

2.1.7 The contractor shall motivate and encourage his employees/


workmen to make personal contribution towards enhancing safety
on the basis of their knowledge and experience.

2.1.8`The contractor shall have adequate number of pocket sized


safety cards containing safety instructions prepared on the basis of
employer's model safety book for contractor's workers in Hindi or
regional languages as may be required and shall issue them to all
his employees/ workmen and ensure that they read it before
commencing the work. The safety instructions from the safety
card shall be read and explained by the contractor or his
representative to those employees/ workmen who are illiterate
and cannot read and ensure that these have been understood.
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2.1.9 The contractor shall ensure that drums or other make-shift
arrangement are not used in place of ladder or work benches or
supports for any job.

2.1.10 The contractor shall ensure that compressed air/ Oxygen/ any
other pressurized line are not used for removing dust from one's
clothes. Compressed air/ Oxygen/ any other pressurized line shall
not be blown against anyone as it may injure or even kill him/ her.

2.1.11 The contractor shall ensure that if a workman, in the course of


his work, encounters condition of unusual hazard with which the
worker is not familiar, he shall contact the supervisor for advice
before proceeding further.

2.1.12 The contractor shall particularly ensure that the contractor


himself or his workmen do not operate any equipment, if not
authorized. The contractor shall not start the work without a
written permit from the engineer or his authorized representative
(ENCLOSURE - A).

2.1.13 The Contractor shall follow all special safety precautions issued by
the Executing Authority or his site Engineer from time to time.

2.1.14 Whenever working at height is involved, the contractor shall


adhere to IPSS:1-11-005-14 'Procedure for working at height for
contractor's workers and IPSS: 1-11-006-14 ‘Guidelines for working
in a Confined Space’.

2.2. PPE & SAFETY APPLIANCES

2.2.1 The contractor shall provide all the PPE (Personal Protective
Equipment) and Safety appliances required to carry out the job to
all the workmen deployed by the contractor and also ensure that his
workmen use those PPE and safety appliances while on the job.

2.2.2 The standard of PPE and safety appliances supplied by the


contractor must conform to any one of the following (in order of
preference):

a) DGMS
b) BIS/ Equivalent International Standard
c) IPSS
d) As per advice and design by the Safety Deptt. of the
Company.

2.2.3 Arrangements of supply of proper type of PPE and appliances shall


be made by the contractor prior to the actual start of the job and
Safety Deptt. of Company will physically check the same.

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2.2.4 If at any stage, the contractor fails to provide proper type of PPE
and safety appliances, the Company may procure and distribute
the same as per requirement, with prior intimation to the contractor.
In such case, the cost of items plus the other cost incurred on
procurement shall be deducted from the bill of the contractor.

2.3. SITE CLEARANCE

2.3.1 Prior to commencement of work, the contractor shall obtain


clearance from the Safety Officer of the Employer and concerned
Deptt./ Section of the Employer where the job is to be carried out.
The Employer/ Engineer shall not permit the contractor to
commence the work unless contractor or its representative
produces such clearance certificate. The department concerned
shall grant such clearance after ensuring that :

a) The contractor or his chief representative has undergone


Safety Awareness briefing with the Employer's Safety Officers
In the preceding twelve months with respect to the awarded
work.

b) The contractor's workers, identified for particular work/


department, have undergone basic/ refresher Safety Training
in the preceding five years.

c) The contractor has arranged PPE and safety appliances for


himself and all his workmen, as required.

d) The Contractor possesses work permit issued by the


Employer or Employer's representative for which the "Work
Clearance Form" (ENCLOSURE - C) shall be filled-in triplicate
by the Contractor. The Contractor is not permitted to start the
job without clearance from Employer's Safety Officer.

e) The contractor shall possess handling equipment, tools and


tackles of adequate capacity and tested quality as per
statutory requirement.

2.3.2 The contractor shall obtain specific permission from the Engineer
and Safety Officers before commencing the following :

a) Working in an operating
Plant
b) Working at height
c) Working in areas expected to have toxic/ poisonous gases
d) Major site activity irrespective of the clearance already
obtained
e) Wherever there are hazards of electricity, moving machinery
etc.
f) Underground working
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g) Any other job as per instruction of Executing Authority.

The contractor shall obtain the copies of the above IPSS


procedures from the Engineer/ the Safety Engineering Department/
from IPSS Website.

2.3.3 The executing Deptt. Shall take necessary shutdown of operating


Plant before commencement of job in that area.

2.4. SKILL & COMPETENCE OF WORKMEN

2.4.1 The contractor shall be responsible to engage competent and


skilled workers.

2.4.2 Before starting the day’s job, the Contractor shall ensure that
safety briefing has been done to his workers by himself or his
supervisors who have been imparted Safety Induction earlier and
also maintain records to this effect.

2.5. PHYSICAL FITNESS OF WORKMEN

2.5.1 The contractor shall ensure that his employees/ workmen subject
themselves to such medical examination as required under the law
or under the Company's rules and keep a record thereof.

2.5.2 The Contractor shall not permit any employee/ workman to enter
the work area under the influence of alcohol.

2.6. DEALING WITH ACCIDENT

2.6.1 Any accident shall immediately be reported to Safety Officer/


Mines official. All other procedure shall be followed as per Mines Act,
Rules, Regulations and Circulars.

2.6.2 The contractor shall not interfere with the site of accident, unless
inspected and/ or permitted by the competent authorities.

2.6.3 The contractor shall arrange to avoid any sort of commotion at


site in the event of an accident.

2.6.4 The Contractor shall maintain a safety register, keep records of


all minor or major accidents, serious or averted (near miss)
accidents, with or without injuries to human beings and shall submit
a report about the accidents to the Engineer promptly, on the form
prescribed by the Employer.

2.7. MISCELLANEOUS

2.7.1 The contractor shall ensure prohibition of smoking or keeping of


naked flame near gas lines, valves and any other equipment
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connected with the gas distribution system and handling of all
inflammable material shall strictly prohibited and ensure its
compliance.

2.7.2 The contractor shall ensure that horse-play of any kind and
unauthorized movement is prohibited inside the Mine. No one shall
distract the attention of others on work.

2.7.3 The contractor shall ensure that no one takes rest/ shelter below
any pit/ excavation, Railway Wagons, overhang/ undercuts, parked
vehicles, electrical installations etc.

2.7.4 The contractor shall ensure the availability of first aid box at the
working sites.

2.7.5 Adequate no. of Safety Signage’s/ caution board indicating the


hazards and their preventive measures to be prominently displayed
at the place of work preferably in local languages.

2.7.6 In case shifting of contract workers from one place of work to


other place, necessary safety inputs pertaining to the new jobs to be
imparted.

2.7.7 Safety Records (Statutory Records)

The Contractor shall keep record of:

i) Test certificates of all lifting M/c tools and tackles, Pressure


Vessels, etc.

ii) Periodical inspection report of Safety appliances.

iii) Maintaining accident analysis report, in proper format


inconsultation with Employer’s Engineer.

iv) Safety record as per Mines Act, Rules, Regulations and Circulars
or any other statutory provision shall also be maintained.
However, necessary help in this regard can be taken from the
concerned Safety Organization.

2.7.8 Electrician/ Other Electrical Personnel

The Contractor shall engage qualified and competent electricians


and other electrical personnel while working on electrical lines
(which may be High Tension, Medium Tension and Low Tension
electrical lines) for safe execution of contract. The electricians and
other electrical personnel must possess requisite certificate issued
from competent authority.

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Electrical
Equipment

a) The Contractor shall ensure proper earthing of all electrical


equipment/ machinery prior to start of the machine. The
Contractor shall also ensure daily examination of the earthing of
equipment/ machinery prior to start of the job in order to avoid
electrical hazards.

b) The Contractor shall ensure use of proper cable (may be


welding cable or power cable or control cable). The joints of the
cables shall be perfectly insulated. The Contractor shall also
ensure the use of proper plugs, sockets and other electrical
fittings while executing any contract.

c) All portable electrical equipment including welding machine shall


have provision of ELCB/ RCCB.

2.7.9 Scaffolding/ Lifting/ Lowering/ Dismantling of Equipment or


Fabricated Structures or any other materials

i) For safe execution of the contract, Contractor shall make a


safety plan for the job, in sequence of steps involved in
execution and the required safety measures to be taken
during the execution of the job.

ii) The Contractor shall ensure the use of proper sufficiently


strong scaffoldings, working platform, hand railings as per
relevant BIS Standard during the execution of the job.

The Contractor shall ensure the use of scaffoldings.


If the scaffolding as per the standard is not found suitable at
site, the Contractor shall make necessary modifications to
strengthen the same.

For any Civil Engineering job, the Contractor will provide


adequate support before casting or any superstructure and
provide approach, scaffolding etc, in such a manner that it is
safe, easy for movement of men, women and materials.

iii) The Contractor shall make his own arrangement for the
area lighting/ spot lighting at Fabrication Yard. The Employer
will provide power source at one point only near to the
Fabrication Yard.

iv) The Employer will provide area lighting at erection site only.
The Contractor shall make his own arrangement for spot
lighting. The source of power supply at the nearest possible
point will be shown by Engineer at site.

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2.7.10. House Keeping

i) The Contractor shall ensure good house keeping in his


working area, fabrication yard as well as at erection site. The
safe approach to the working place must be ensured. Place
for keeping raw materials, finished materials, semi-finished
materials should be clearly marked with proper identification.
Machine component shall be kept properly under shed.

ii) The Contractor shall keep the scrap materials at one place
duly barricaded and shall remove the same regularly from the
workplace.

iii) The Contractor shall stack properly the fabricated or any


other items and maintain safe stack height in stable condition
in consultation with Executing Authority. The stacking shall be
done in such a way that the materials do not cause
congestion at site or create unsafe condition for free safe
approach.

iv) The Contractor should put up a board ( 4’ x 3’) indicating


Contact/ Mobile No. the name of the Contractor, details of
the job, Order No., starting date and likely completion date
of the job. On completion of the job, the Contractor shall
clear the site (good materials and scrap). The board so
displayed shall be taken out of the site. Any material left after
the job is over will be picked up by the Employer and the
Contractor will be charged back for the same.

v) Removal of muck shall be done within 24 hours from road


sides.

vi) The Contractor shall be responsible for removing all


unwanted materials/ scaffolds from work site.

vii) The Contractor shall issue written as well as oral


instructions from time to time, in addition to the precautions,
measures spelt out above so as to ensure that the workers
adhere to safety norms specifically needed for the particular
job during the execution of the work.

2.7.11 Barrication

i) The Contractor shall ensure barrication of the unsafe area,


which can lead to accident to any person working in that
area. In order to remove unsafe condition and prevent
accident, The unsafe area such as trench/ pit/ foundation,
any type of opening made or left in any floor of the building
including staircase etc must be barricaded.

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ii) The hand railings shall be immediately provided in all the
floors, stairs, etc before proceeding for further erection/
dismantling.

2.7.12 The contractor shall ensure that compressed air is not used
for removing dust from one’s clothes. Compressed air shall
not be blown against anyone as it may injure or even kill him/
her.

2.7.13 The contractor shall provide, maintain and arrange for


periodical checking of adequate numbers of fire extinguishers
of appropriate type and other facilities (e.g. sand buckets,
asbestos covering etc) in fire prone areas.

2.7.14 The contractor shall provide clearly demarcated access and


exits at work site to take care in case of outbreak of fire or
any other eventuality.

2.7.15 The contractor shall ensure that smoking or keeping of


naked light near gas lines, valves and any other equipment
connected with the gas distribution system and handling of all
inflammable material is strictly prohibited.

2.7.16 The contractor shall ensure that all person deployed by him
are confined to the designated place and duration of work.

2.8. LIABILITY

2.8.1 The Contractor shall abide by the provisions of all statutory


acts and rules as applicable and maintain Register &
Documents, submit periodic Reports & Returns, furnish
information/report relating to accidents occurring in the area
of work to competent authority in time .

2.8.2 The Contractor shall be liable for prosecution and penalty in


accordance with and as prescribed under law of the land,
terms & conditions of Contract as well as rules of the
Company relating to safety, for not observing those provisions
by the Contractor or its employees/ workmen.

2.8.3 The Contractor shall keep the Company indemnified against


all losses/claims due to accidents/ injuries/ damages caused
at the Contractor’s works site. He shall be fully responsible for
accidents caused due to the Contractor or his agents’ or
workmen’s negligence or carelessness in regard to the
observance of the safety requirements and shall be liable to
pay compensation for injuries.

2.8.4 The Engineer or the Head of the Safety Department or their


authorized nominees, upon their satisfaction that the
Contractor is not conforming to the Safety requirements, may
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direct stoppage of work and direct the Contractor to remedy
the defects or supply the facility/ equipment as the case may
be. The Contractor shall not proceed with the work until he
has complied with such directions to the satisfaction of the
Engineer/ Safety Department.

2.8.5 If a driver or any staff of the Contractor is caught in theft


case or in any unauthorized movement of materials or in
the activity which is punishable under the law or not
authorized by the Plant, the Contractor shall bear the full
responsibility for the loss and other consequences which may
result to the Plant due to such illegal/ unauthorized acts
besides the action to terminate the contract by the Plant.

2.8.6 The Contractor shall be responsible to ensure that vehicles


belonging to him are not driven in reckless or rash manner so
as to become a potential threat to the safety of the traffic
in the plant or township area. The drivers of the vehicles shall
be made to adhere to the speed limits wherever applicable.
Failure to comply with the above, may result in the
termination of the contract.

2.8.7 In case of accident or injury or damages caused by the


Contractor’s vehicle or staff to any person or property, the
financial responsibility to compensate be borne solely by the
Contractor and this amount may, at the discretion of the
competent authority of the Plant, be recovered from the bills
or security or other deposits of the Contractor.

2.8.8 The Contractor shall ensure that all his employees/workmen


are covered under `ESIC Act’ and shall pay compensation to
his workmen as and when the eventuality for the same arises.

2.8.9 To ensure effective enforcement of the rules and


regulations relating to safety precautions, the arrangements
made by the Contractor shall be open to inspection by the
Engineer or his representatives, Safety Engineer & Labor
Officer.

2.8.10 The Contractor shall enclose along with his first bill a true
copy of the Safety Induction Form (ENCLOSURE-B) duly
certified by the Executing Authority regarding use of safety
appliances, following of safety instructions and observance of
all safety laws, failing which the bill will not be processed for
payment.

2.8.11 Monetary Penalty will be imposed on the contractor on


account of Safety Violation including fatal accident as per
extent penal provision made for the purpose.

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ENCLOSURE – A

PERMIT TO WORK ON EQUIPMENT

I, , do hereby authorize Shri And his


workers of M/s to work on (name
& location of equipment/machine) from AM/PM on _ (date)
to AM/PM on (date) .

I have taken all necessary precautions for the


shutdown.

Signature Signature of Engineer_


(Contractor/his representative)
Name

Designation

Date _

Contact/ Mobile No.

Copy to :

1. Contractor
2. Engineer
3. Office copy – for
record.

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ENCLOSURE - B
SAFETY INDUCTION
FORM
Name of Mine/Unit

Safety Induction to the Contractor for starting a


job

1. Name, address & Contact No. of the


Contractor

2. Contract/Award Letter/Work Order No.

3. Name of Department awarding Contract

4. a)Probable date of starting job


b)Duration

5. Place & Nature of work

6. Name & Designation of supervisors

Departmental (1) (2)


Contractual (1) (2)

7. Necessary safety precautions explained


8. Safety appliances advised for
usage to the Workers

Safety Officers

I have gone through the Safety Rules Book for Contractors and received a
copy of the same. I shall follow all safety precautions/instructions given to
me and shall be responsible for safety of my staff/employees/workmen.

Signature of the Contractor

Certified that requisite Safety Appliances are available with workers


and
Contractor is permitted to start the
work.

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Signature of Engineer

Certified that the requisite Safety Appliances are being used and safety
precautions/measures are being adopted.

Safety Officer of Employer


Copy to:
1. Safety Department
2. Operation/Works Department
3. Contractor with one spare
copy.

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ENCLOSURE – C

Name of the Mine/ Unit

WORK CLEARANCE FORM FOR CONTRACTORS

1.Name of Contractor's firm with address & Contact No. :


2.Engaged by which Department :
3. Name of the Representative/Supervisor
of the Contractor supervising the job :
4.Precise nature of work to be carried
out/work order reference :
5.Precise location of work :
6.Proposed date & time of commencement of work:
7.Expected number of days required for the work:
8.Whether Contractor's workers are to be engaged
in G/A/B/C shifts and No. Of people engaged:

A. I accept responsibility for ensuring that all men under my control


shall observe the statutory safety requirements and follow the
safety instructions of the mine.

Signed
Date: Contractor

B. Certified that the Contractor has been engaged by us for the


work described above.
[Certificate to be given by the
Engineer]

Signed
Date: Engineer
C. You are authorized to carry out the work described below:
[Certificate to be given by the Deptt/Section where work is to be carried out]

Signed
Date: Employer

NOTE: The form shall be filled-in in TRIPLICATE by the


Contractor for the record of (i) Safety Officer (ii) Deptt/
Section granting clearance (iii) Contractor

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These certificates are not a substitute for the Electrical Permits and
do not give permission to use masked lights or work in gas
hazardous areas or enter closed vessels or for explosives, which
shall be taken separately wherever required.

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Format 13

GUIDELINES FOR INDIAN AGENTS OF FOREIGN


SUPPLIERS
1.0 There shall be compulsory registration of agents for all Global (Open) Tender and Limited
Tender of SAIL Plants / Units. An agent who is not registered with SAIL Plants / Units
shall apply for registration in the enclosed format.

2.0 Registered agents will file an authenticated Photostat copy of agency agreement giving
the status being enjoyed by the agent and the commission / remuneration / salary /
retainership being paid by the principal to the agent before the placement of order by
SAIL Plants / Units.

Wherever the Indian representatives have communicated on behalf of their principals


and the foreign parties state that they are not paying any commission to the Indian
agents, and the Indian representative is working on the basis of salary or as retainer, a
written declaration to this effect shall be submitted by the party (i.e. Principal)

3.0 DISCLOSURE OF PARTICULARS OF AGENTS/REPRESENTATIVES IN INDIA, IF


ANY

3.1.0 Tenderers of foreign nationality shall furnish the following details in their offer.
3.1.1 The name and address of the agents / representative in India, if any and the extent of
authorisation and authority given to commit the Principals. In case the agent /
representative be a foreign company, it shall be confirmed whether it is real substantial
company and details of the same shall be furnished.
3.1.2 The amount of commission / remuneration included in the quoted price (s) for such
agents / representatives in India.
3.1.3 Confirmation of the Tenderer that the commission / remuneration, if any, payable to this
agents / representatives in India, if any, may be paid by SAIL in India in Indian Rupees
only.
3.2.0 Tenderers of Indian Nationality shall furnish the following details in their offers :
3.2.1 The name and address of the foreign principals indicating their nationality as well as their
status, i.e., whether manufacturer or agent of manufacturer holding the Letter of
Authority of the principal specifically authorising to make an offer in India in response to
tender either directly or through the agents / representatives.
3.2.2 The amount of commission / remuneration included in the price (s) quoted by the
Tenderer for himself.
3.2.3 Confirmation of the foreign principals of the Tenderer that the commission /
remuneration, if any, reserved for the Tenderer in the quoted price (s), may be paid by
SAIL in India in equivalent Indian Rupees on satisfactory completion of the project.
3.3.0 In either case, in the event of Contract materialising, the terms of payment will provide
for payment of the commission / remuneration, if any payable to the agents /
representatives in India in Indian Rupees about 90 days after the discharge of the
obligations under the Contract.
3.4.0 Failure to furnish correct and detailed information as called for in paragraph - 3.1 and
paragraph - 3.2 above will render the concerned tender liable to rejection or in the event
of a Contract materializing, the same liable to termination by SAIL.

APPLICATION FORM FOR REGISTRATION

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IMPORTANT INSTRUCTION

(1) An Indian agent can represent only one foreign bidder in a particular tender.

(2) In case you are an Indian agent for a number of foreign principals, you may please
submit separate application for each of these principals by taking out additional photo
copies of this application form.

(3) Wherever postal pin code is desired, it must be given.

(4) Full and unambiguous reply to each query must be given or else your application may
not be processed at all.

(5) Wherever necessary extra sheet can be attached and mention of this may be made
against the appropriate column of the application.

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APPLICATION FOR REGISTRATION OF INDIAN AGENTS

FILE NO. _____________________

(Not to be filled in by the Applicant)

PART - I
(i) Name of the firm
_________________________________________________________
_________________________________________________________
(ii) Date of incorporation
(DD MM YY) ______________________________________________

(iii) Address of the Registered Office


_________________________________________________________
_________________________________________________________
_________________________________________________________

PIN CODE __________________________________


TELEX ADDRESS ____________________________
TELE. NO. __________________________________

(iv) Address of the Head Office


_________________________________________________________
_________________________________________________________
_________________________________________________________

PIN CODE ___________________________


TELEX ADDRESS _____________________
TELE. NO. ___________________________

(v) Address of the Branches

Address Telex Address Telephone No.


_______________ ___________________ ____________________
_______________ ___________________ ____________________
_______________ ___________________ ____________________
_________________________________________________________

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Steel Authority of India Limited

PART - II
(i) Status of firm 1. Proprietorship concern
(put a tick mark 2. Partnership concern
to whichever is 3. Private Limited
applicable) 4. Public Limited
5. Central Govt. Undertaking
6. State Govt. Undertaking

(Detailed structure of Contractor’s firm may be furnished)

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Steel Authority of India Limited

PART - III
(i) a) Name of the Principal (whose agent is seeking registration)
__________________________________________________
__________________________________________________
__________________________________________________
b) Address
__________________________________________________
__________________________________________________
__________________________________________________

PIN CONE _____________________________


TELEX ADDRESS _______________________
TELE,. NO. _____________________________

c) STORES FOR WHICH REGISTRATION REQUIRED

S.No. Name of Stores


________ ____________________________________
________ ____________________________________
________ ____________________________________
________ ____________________________________
(ii) Are you sole selling agent for the Principal : Y/N
(if yes, furnish copy of valid agreement duly attested)

a) Date of appointment as sole selling agent ____________________________

b) Date upto which appointment is valid ________________________________

c) Percentage of commission ________________________________________

d) If the agent has authority to commit and sign on behalf of the Principal Y / N

(iii) Whether you are prepared to quote and receive payment in Indian Rupees Y/N

(iv) Have you facility to offer after sales service Y/N

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Steel Authority of India Limited

(if yes, give details of facilities)

(v) Have you firm / partners / proprietors / Director done business in the past with

(a) Any other Public Sector Undertakings Y/N

(b) Any other Government Department Y/N


(if yes, give details)

Signature of Applicant

Proprietor / Authorised Partner /Director

Place :

Date :

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Steel Authority of India Limited

Format 14(i)

FORMAT OF AGREEMENT BETWEEN BIDDER AND THEIR PARENT COMPANY /


SUBSIDIARY COMPANY (As the case may be)

(TO BE EXECUTED ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)


This agreement made this ___ day of ____ month ____ year by and between M/s. ____________________ (Fill in the
Bidder’s full name, constitution and registered office address) hereinafter referred to as bidder on the first part and
M/s. ___________ (Fill in full name, constitution and registered office address of Parent Company/Subsidiary
Company, as the case may be) hereinafter referred to as “Parent Company/ Subsidiary Company (Delete whichever
not applicable)” of the other part:
WHEREAS
M/s Steel Authority of India Ltd.(hereinafter referred to as SAIL) has invited offers vide their tender No.
_____________ for _________________ and
M/s. __________________(Bidder) intends to bid against the said tender and desires to have technical support of
M/s. ________________[Parent Company/ Subsidiary Company-(Delete whichever not applicable)] and whereas
Parent Company/ Subsidiary Company (Delete whichever not applicable) represents that they have gone through and
understood the requirements of subject tender and are capable and committed to provide the services as required by
the bidder for successful execution of the contract, if awarded to the bidder.
Now, it is hereby agreed to by and between the parties as follows:
1. M/s.____________(Bidder) will submit an offer to SAIL for the full scope of work as envisaged in the tender
document as a main bidder and liaise with SAIL directly for any clarifications etc. in this context.
2. M/s. _________ (Parent Company/ Subsidiary Company (Delete whichever not applicable) undertakes to provide
technical and/or financial support to support the bidder to discharge its obligations as per the Scope of work of the
tender / Contract for which offer has been made by the Parent Company/Subsidiary Company (Delete whichever not
applicable) and accepted by the bidder.
3. This agreement will remain valid till validity of bidder’s offer to SAIL including extension if any and till satisfactory
performance of the contract in the event the contract is awarded by SAIL to the bidder.
4. It is further agreed that for the performance of work during contract period bidder and Parent Company/Subsidiary
Company (Delete whichever not applicable) shall be jointly and severely responsible to SAIL for satisfactory execution
of the contract.
5. However, the bidder shall have the overall responsibility of satisfactory execution of the contract awarded by SAIL.

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In witness whereof the parties hereto have executed


this agreement on the date mentioned above.
For and on behalf of For and on behalf of
(Bidder) (Parent Company/Subsidiary Company (Delete
whichever not applicable)

Witness:
1. Signature ________________
Full Name ________________
Address ________________

Witness:
2. Signature _______________
Full Name _______________
Address _______________

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Format 14(ii)

PARENT COMPANY/ SUBSIDIARY COMPANY GUARANTEE

(TO BE EXECUTED ON STAMP PAPER OF REQUISITE VALUE AND NOTORISED)


DEED OF GUARANTEE
THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s ………………………… (mention complete
name) a company duly organized and existing under the laws of …………………. (insert jurisdiction/country), having its
Registered Office at ……………………………………… hereinafter called “the Guarantor” which expression shall, unless
excluded by or repugnant to the subject or context thereof, be deemed to include its successors and permitted
assigns.
WHEREAS
M/s Steel Authority of India Ltd., a company duly registered under the Companies Act 1956, having its Registered
Office at Delhi and having a Unit, amongst others, at ______________, India hereinafter called “SAIL/” which
expression shall unless excluded by or repugnant to the context thereof, be deemed to include its successor and
assigns, invited tender number ………………… for …….. on …………..
M/s ………………….. (mention complete name), a company duly organized and existing under the laws of …………….
(insert jurisdiction/country), having its Registered Office at …………………….. (give complete address) hereinafter called
“the Company” which expression shall, unless excluded by or repugnant to the subject or context thereof, be deemed
to include its successor and permitted assigns, have, in response to the above mentioned tender invited by SAIL,
submitted their bid number …………………… to SAIL with one of the condition that the Company shall arrange a
guarantee from its parent company guaranteeing due and satisfactory performance of the work covered under the
said tender including any change therein as may be deemed appropriate by SAIL at any stage.
The Guarantor represents that they have gone through and understood the requirement of the above said tender and
are capable of and committed to provide technical and/or financial or such other supports as may be required by the
Company for successful execution of the same.

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The Company and the Guarantor have entered into an agreement dated …….. as per which the Guarantor shall be
providing technical and/or financial or such other supports as may be necessary for performance of the work relating
to the said tender.
Accordingly, at the request of the Company and in consideration of and as a requirement for SAIL to enter into
agreement(s) with the Company, the Guarantor hereby agrees to give this guarantee and undertakes as follows:
1. The Guarantor (Parent Company /Subsidiary Company (Delete whichever not applicable) unconditionally agrees
that in case of non-performance by the Company of any of its obligations in any respect, the Guarantor shall,
immediately on receipt of notice of demand by SAIL, take up the job without any demur or objection, in continuation
and without loss of time and without any cost to SAIL and duly perform the obligations of the Company to the
satisfaction of SAIL.

2. The Guarantor agrees that the Guarantee herein contained shall remain valid and enforceable till the satisfactory
execution and completion of the work (including discharge of the warranty obligations) awarded to the Company.

3. The Guarantor shall be jointly with the Company as also severally responsible for satisfactory performance of the
contract entered between the Company and SAIL.

4. The Guarantor represents that this Guarantee has been issued after due observance of the appropriate laws in force
in India. The Guarantor hereby undertakes that the Guarantor shall obtain and maintain in full force and effect all the
governmental and other approvals and consents that are necessary and do all other acts and things necessary or
desirable in connection therewith or for the due performance of the Guarantor’s obligations hereunder.

6. The Guarantor also agrees that this Guarantee shall be governed and construed in accordance with the laws in force
in India and subject to the exclusive jurisdiction of the courts of ……….., India.

7. The Guarantor hereby declares and represents that this Guarantee has been given without any undue influence or
coercion, and that the Guarantor has fully understood the implications of the same.

8. The Guarantor represents and confirms that the Guarantor has the legal capacity, power and authority to issue this
Guarantee and that giving of this Guarantee and the performance and observations of the obligations hereunder do
not contravene any existing laws.

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For & on behalf of (Parent Company/Subsidiary Signature ________________


Company (Delete whichever is not applicable) Name ________________
M/s __________________________ Designation ________________
Common seal of the Company________
Witness:
1. Signature ________________
Full Name ________________
Address ________________

Witness:
2. Signature _______________
Full Name _______________
Address _______________

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Format 15

Guidelines on Banning of Business Dealings

S.No. CONTENTS Pages

1. Introduction 9

2. Scope 9

3. Definitions 10-11

4. Initiation of Banning / Suspension 11

5. Suspension of Business Dealings 11-13

6. Ground on which Banning of Business Dealing can be 13-14


initiated

7. Banning of Business Dealings 14-16

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8. Removal from List of Approved Agencies-Suppliers/ 16

Contractors etc.

9. Show-cause Notice 16

10. Appeal against the Decision of the Competent Authority 17

11. Review of the Decision by the Competent Authority 17

12. Circulation of the names of Agencies with whom 17


Business Dealings have been banned

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Steel Authority of India Limited

1. Introduction

1.1 Steel Authority of India Limited (SAIL), being a Public Sector Enterprise
and ‘State’, within the meaning of Article 12 of Constitution of India, has to
ensure preservation of rights enshrined in Chapter III of the Constitution.
SAIL has also to safeguard its commercial interests. SAIL deals with
Agencies, who have a very high degree of integrity, commitments and
sincerity towards the work undertaken. It is not in the interest of SAIL to
deal with Agencies who commit deception, fraud or other misconduct in
the execution of contracts awarded / orders issued to them. In order to
ensure compliance with the constitutional mandate, it is incumbent on
SAIL to observe principles of natural justice before banning the business
dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an


Agency concerned, it is incumbent that adequate opportunity of hearing is
provided and the explanation, if tendered, is considered before passing
any order in this regard keeping in view the facts and circumstances of the
case.

2. Scope

2.1 The General Conditions of Contract (GCC) of SAIL generally provide that
SAIL reserves its rights to remove from list of approved suppliers /
contractors or to ban business dealings if any Agency has been found to
have committed misconduct and also to suspend business dealings
pending investigation. If such provision does not exist in any GCC, the
same may be incorporated.

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2.2 Similarly, in case of sale of material there is a clause to deal with the
Agencies / customers / buyers, who indulge in lifting of material in
unauthorized manner. If such a stipulation does not exist in any Sale
Order, the same may be incorporated.

2.3 However, absence of such a clause does not in any way restrict the right
of Company (SAIL) to take action / decision under these guidelines in
appropriate cases.

2.4 The procedure of (i) Removal of Agency from the List of approved
suppliers / contractors; (ii) Suspension and (iii) Banning of Business
Dealing with Agencies, has been laid down in these guidelines.

2.5 These guidelines apply to all the Plants / Units and subsidiaries of SAIL.

2.6 It is clarified that these guidelines do not deal with the decision of the
Management not to entertain any particular Agency due to its poor /
inadequate performance or for any other reason.

2.7 The banning shall be with prospective effect, i.e., future business dealings.

3. Definitions

In these Guidelines, unless the context otherwise requires:

i) ‘Party / Contractor / Supplier / Purchaser / Customer/Bidder/Tenderer’


shall mean and include a public limited company or a private limited
company, a firm whether registered or not, an individual, a cooperative
society or an association or a group of persons engaged in any

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commerce, trade, industry, etc. ‘Party / Contractor / Supplier / Purchaser /


Customer/ Bidder / Tenderer’ in the context of these guidelines is
indicated as ‘Agency’.

ii) ‘Inter-connected Agency’ shall mean two or more companies having any
of the following features:
a) If one is a subsidiary of the other.
b) If the Director(s), Partner(s), Manager(s) or Representative(s) are
common;
c) If management is common;
d) If one owns or controls the other in any manner;

iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:
a) For Company (entire SAIL) Wide Banning
The Director (Technical) shall be the ‗Competent Authority‘ for the
purpose of these guidelines. Chairman, SAIL shall be the ‗Appellate
Authority‘ in respect of such cases except banning of business
dealings with Foreign Suppliers of imported coal/coke.
b) For banning of business dealings with Foreign Suppliers of
imported coal/coke, SAIL Directors‘ Committee (SDC) shall be the
‗Competent Authority‘. The Appeal against the Order passed by
SDC, shall lie with Chairman, as First Appellate Authority.
c) In case the foreign supplier is not satisfied by the decision of the
First Appellate Authority, it may approach SAIL Board as Second
Appellate Authority.

d) For Plants / Units only

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Any officer not below the rank of General Manager / Addl Director
appointed or nominated by the Chief Executive of concerned Plant /
Unit shall be the ‘Competent Authority’ for the purpose of these
guidelines. The Chief Executives of the concerned Plants / Unit
shall be the ‘Appellate Authority’ in all such cases.

e) For Corporate Office only

For procurement of items / award of contracts, to meet the


requirement of Corporate Office only, Head of CMMG shall bethe
―Competent Authority‖ and Director (Technical) shall be the
―Appellate Authority‖.

f) Chairman, SAILshall have overall power to take suo-moto action on


any information available or received by him and pass such
order(s) as he may think appropriate, including modifying the
order(s) passed by any authority under these guidelines.

iv) ‘Investigating Department’ shall mean any Department or Unit


investigating into the conduct of the Agency and shall include the
Vigilance Department, Central Bureau of Investigation, the State Police or
any other department set up by the Central or State Government having
powers to investigate.
v) ‘List of approved Agencies - Parties / Contractors / Suppliers / Purchasers
/ Customers / Bidders / Tenderers shall mean and include list of approved
/ registered Agencies - Parties/ Contractors / Suppliers / Purchasers /
Customers / Bidders / Tenderers, etc.

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4. Initiation of Banning / Suspension

Action for banning / suspension business dealings with any Agency should be
initiated by the department having business dealings with them after noticing the
irregularities or misconduct on their part. Besides the concerned department,
Vigilance Department of each Plant / Unit /Corporate Vigilance may also be
competent to advise such action.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with SAIL is under investigation by
any department (except Foreign Suppliers of imported coal/coke), the
Competent Authority may consider whether the allegations under
investigation are of a serious nature and whether pending investigation, it
would be advisable to continue business dealing with the Agency. If the
Competent Authority, after consideration of the matter including the
recommendation of the Investigating Department, if any, decides that it
would not be in the interest to continue business dealings pending
investigation, it may suspend business dealings with the Agency. The
order to this effect may indicate a brief of the charges under investigation.
If it is decided that inter-connected Agencies would also come within the
ambit of the order of suspension, the same should be specifically stated in
the order. The order of suspension would operate for a period not more
than six months and may be communicated to the Agency as also to the
Investigating Department. The Investigating Department may ensure that
their investigation is completed and whole process of final order is over
within such period.

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5.2 The order of suspension shall be communicated to all Departmental


Heads within the Plants / Units. During the period of suspension, no
business dealing may be held with the Agency.

5.3 As far as possible, the existing contract(s) with the Agency may continue
unless the Competent Authority, having regard to the circumstances of the
case, decides otherwise.

5.4 If the gravity of the misconduct under investigation is very serious and it
would not be in the interest of SAIL - Bhilai Steel Plant, as a whole, to deal
with such an Agency pending investigation, the Competent Authority may
send his recommendation to ED (CMMG), SAIL Corporate Office along
with the material available. If Corporate Office considers that depending
upon the gravity of the misconduct, it would not be desirable for all the
Plants / Units and Subsidiaries of SAIL to have any dealings with the
Agency concerned, an order suspending business dealings may be issued
to all the Plants / Units by the Competent Authority of the Corporate
Office, copy of which may be endorsed to the Agency concerned. Such
an order would operate for a period of six months from the date of issue.

5.5 For suspension of business dealings with Foreign Suppliers of imported


coal/coke, following shall be the procedure :-
i) Suspension of the foreign suppliers shall apply through out the
Company including Subsidiaries.

ii) Based on the complaint forwarded by ED (CIG) or received directly


by Corporate Vigilance, if gravity of the misconduct under
investigation is found serious and it is felt that it would not be in the
interest of to continue to deal with such agency, pending

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investigation, Corporate Vigilance may send such recommendation


on the matter to Executive Director, Coal Import Group (ED, CIG)
to place it before a Committee consisting of the following :

1. ED (F&A)/Head of Corporate Finance,


2. ED, CIG/Head of CIG – Convenor of the Committee
3. ED, CMMG/Head of CMMG, Corporate Office
4. ED (Law)/Head of Corporate Law
The committee shall expeditiously examine the report, give its
comments/recommendations within twenty one days of receipt of
the reference by ED, CIG.

iii) The comments / recommendations of the Committee shall then be


placed by ED, CIG before SAIL Directors‘ Committee (SDC)
constituted for import of Coal. If SDC opines that it is a fit case for
suspension, SDC may pass necessary orders which shall be
communicated to the foreign supplier by ED, CIG.

5.6 If the Agency concerned asks for detailed reasons of suspension, the
Agency may be informed that its conduct is under investigation. It is not
necessary to enter into correspondence or argument with the Agency at
this stage.

5.7 It is not necessary to give any show-cause notice or personal hearing to


the Agency before issuing the order of suspension. However, if
investigations are not complete in six months time, the Competent
Authority may extend the period of suspension by another three months,
during which period the investigations must be completed.

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6. Ground on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to


the State, so warrants;
6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is
convicted by a Court of Law for offences involving moral turpitude in
relation to its business dealings with the Government or any other public
sector enterprises or SAIL - Bhilai Steel Plant, during the last five years;
6.3 If there is strong justification for believing that the Directors, Proprietors,
Partners, owner of the Agency have been guilty of malpractices such as
bribery, corruption, fraud, substitution of tenders, interpolations, etc;
6.4 If the Agency continuously refuses to return / refund the dues of SAIL
without showing adequate reason and this is not due to any reasonable
dispute which would attract proceedings in arbitration or Court of Law;
6.5 If the Agency employs a public servant dismissed / removed or employs a
person convicted for an offence involving corruption or abetment of such
offence;
6.6 If business dealings with the Agency have been banned by the Govt. or
any other public sector enterprise;
6.7 If the Agency has resorted to Corrupt, fraudulent practices including
misrepresentation of facts and / or fudging /forging /tampering of
documents;

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6.8 If the Agency uses intimidation / threatening or brings undue outside


pressure on the Company (SAIL) or its official in acceptance /
performances of the job under the contract;
6.9 If the Agency indulges in repeated and / or deliberate use of delay tactics
in complying with contractual stipulations;
6.10 Willful indulgence by the Agency in supplying sub-standard material
irrespective of whether pre-despatch inspection was carried out by
Company (SAIL) or not;
6.11 Based on the findings of the investigation report of CBI / Police against the
Agency for malafide / unlawful acts or improper conduct on his part in
matters relating to the Company (SAIL) or even otherwise;
6.12 Established litigant nature of the Agency to derive undue benefit;
6.13 Continued poor performance of the Agency in several contracts;
6.14 If the Agency misuses the premises or facilities of the Company (SAIL),
forcefully occupies tampers or damages the Company‘s properties
including land, water resources, forests / trees, etc.
(Note: The examples given above are only illustrative and not exhaustive.
The Competent Authority may decide to ban business dealing for
any good and sufficient reason).

7 Banning of Business Dealings

7.1 Normally, a decision to ban business dealings with any Agency should
apply throughout the Company including Subsidiaries. However, the
Competent Authority of the Plant / Unit except Corporate Office can

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impose such ban unit-wise only if in the particular case banning of


business dealings by respective Plant / Unit will serve the purpose and
achieve its objective and banning throughout the Company is not required
in view of the local conditions and impact of the misconduct / default to
beyond the Plant / Unit. Any ban imposed by Corporate Office shall be
applicable across all Plants / Units of the Company including Subsidiaries.

7.2 There will be a Standing Committee in each Plant/Unit to be appointed by


Chief Executive for processing the cases of ―Banning of Business
Dealings‖ except for banning of business dealing with foreign suppliers of
coal/coke. However, for procurement of items/award of Contracts, to meet
the requirement of Corporate Office only, the Committee shall be
consisting of General Managers/Dy. General Managers each from
Operations, Finance, Law & CMMG. Member from CMMG shall be the
convener of the committee. The functions of the committee shall, inter-alia
include:

i) To study the report of the Investigating Agency and decide if a


prima-facie case for Company-wide / Local unit wise banning
exists, if not, send back the case to the Competent Authority.
ii) To recommend for issue of show-cause notice to the Agency by the
concerned department.
iii) To examine the reply to show-cause notice and call the Agency for
personal hearing, if required.
iv) To submit final recommendation to the Competent Authority for
banning or otherwise

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7.3 If Companywide banning is contemplated by banning Committee of any


Plant/Unit the proposal should be sent by the Committee to ED (CMMG)
through the Chief Executive of the Plant / Unit setting out the facts of the
case and the justification of the action proposed along with all the relevant
papers and documents. CMMG shall get feedback about the agency from
other Plants/Units and based on feedback, a prima-facie decision for
banning / or otherwise shall be taken by the Competent Authority. At this
stage if it is felt by the Competent Authority that there is no sufficient
ground for companywide banning, then the case shall be sent back to the
Chief Executive of the Plant/Unit for further action at Plant/Unit level.

If the prima-facie decision for Company-wide banning has been taken, ED


(CMMG) shall issue a show-cause notice to the agency conveying why it
should not be banned throughout SAIL - Bhilai Steel Plant.

After considering the reply of the Agency and other circumstances and
facts of the case, ED (CMMG) will submit the case to the Competent
Authority to take a final decision for Company-wide banning or otherwise.

7.3 There will be a Standing Committee in each Plant / Unit to be appointed


by Chief Executive for processing the cases of ―Banning of Business
Dealings‖ except for banning of business dealings with foreign suppliers of
coal/coke. However, for procurement of items / award of contracts, to
meet the requirement of Corporate Office only, the committee shall be
consisting of General Manager / Dy. General Manager each from
Operations, Finance, Law& CMMG. Member from CMMG shall be the
convener of the committee. The functions of the committee shall, inter-alia
include:

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v) To study the report of the Investigating Agency and decide if a


prima-facie case for Company-wide / Local unit wise banning
exists, if not, send back the case to the Competent Authority.
vi) To recommend for issue of show-cause notice to the Agency by the
concerned department.
vii) To examine the reply to show-cause notice and call the Agency for
personal hearing, if required.
viii) To submit final recommendation to the Competent Authority for
banning or otherwise.

7.4 If the Competent Authority is prima-facie of view that action for banning
business dealings with the Agency is called for, a show-cause notice may
be issued to the Agency as per paragraph 9.1 and an enquiry held
accordingly.

7.5 Procedure for Banning of Business Dealings with Foreign Suppliers of


imported coal/coke.

i) Banning of the agencies shall apply throughout the Company


including Subsidiaries.

ii) Based on the complaint forwarded by ED (CIG) or received directly


by Corporate Vigilance, an investigation shall be carried out by
Corporate Vigilance. After investigation depending upon the gravity
of the misconduct, Corporate Vigilance may send their report to
Executive Director, Coal Import Group to be placed before a
Committee consisting of the following:-

1. ED (F&A)/Head of Corporate Finance,

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2. ED, CIG/Head of CIG – Convenor of the Committee

3. ED, CMMG/Head of CMMG, Corporate Office

4. ED (Law)/Head of Corporate Law

The Committee shall examine the report and give its comments /
recommendations within 21 days of receipt of the reference by ED,
CIG.

iii) The comments / recommendations of the Committee shall be


placed by ED, CIG before SAIL Directors‘ Committee (SDC)
constituted for import of Coal. If SDC opines that it is a fit case for
initiating banning action, it will direct ED (CIG) to issue show-cause
notice to the agency for replying within a reasonable period.

iv) On receipt of the reply or on expiry of the stipulated period, the


case shall be submitted by ED (CIG) to SDC for consideration &
decision.

v) The decision of the SDC shall be communicated to the agency by


ED (CIG).

8 Removal from List of Approved Agencies - Suppliers / Contractors, etc.

8.1 If the Competent Authority decides that the charge against the Agency is
of a minor nature, it may issue a show-cause notice as to why the name of
the Agency should not be removed from the list of approved Agencies -
Suppliers / Contractors, etc.

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8.2 The effect of such an order would be that the Agency would not be
disqualified from competing in Open Tender Enquiries but LTE may not be
given to the Agency concerned.

8.3 Past performance of the Agency may be taken into account while
processing for approval of the Competent Authority for awarding the
contract.

9 Show-cause Notice

9.1 In case where the Competent Authority decides that action against an
Agency is called for, a show-cause notice has to be issued to the Agency.
Statement containing the imputation of misconduct or mis-behaviour may
be appended to the show-cause notice and the Agency should be asked
to submit within 15 days a written statement in its defence.

9.2 If the Agency requests for inspection of any relevant document in


possession of SAIL - Bhilai Steel Plant, necessary facility for inspection of
documents may be provided.

9.3 The Competent Authority may consider and pass an appropriate speaking
order:

a) For exonerating the Agency if the charges are not established;

b) For removing the Agency from the list of approved Suppliers /


Contactors, etc.

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c) For banning the business dealing with the Agency.

9.4 If it decides to ban business dealings, the period for which the ban would
be operative may be mentioned. The order may also mention that the ban
would extend to the interconnected Agencies of the Agency.

10 Appeals against the Decision of the Competent Authority

10.1 The Agency may file an appeal against the order of the Competent
Authority banning business dealing, etc. The appeal shall lie to Appellate
Authority. Such an appeal shall be preferred within one month from the
date of receipt of the order banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate order
which shall be communicated to the Agency as well as the Competent
Authority.

11 Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the
banning order passed originally by Chief Executive / Competent Authority under
the existing guidelines either before or after filing of appeal before the Appellate
Authority or after disposal of appeal by the Appellate Authority, the review
petition can be decided by the Chief Executive / Competent Authority upon
disclosure of new facts / circumstances or subsequent development
necessitating such review. The Competent Authority may refer the same petition
to the Standing Committee for examination and recommendation.

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12 Circulation of the names of Agencies with whom Business Dealings have


been banned

12.1 Depending upon the gravity of misconduct established, the Competent


Authority of the Corporate Office may circulate the names of Agency with
whom business dealings have been banned, to the Government
Departments, other Public Sector Enterprises, etc. for such action as they
deem appropriate.

12.2 If Government Departments or a Public Sector Enterprise request for more


information about the Agency with whom business dealings have been
banned, a copy of the report of Inquiring Authority together with a copy of
the order of the Competent Authority / Appellate Authority may be
supplied.

12.3 If business dealings with any Agency have been banned by the Central or
State Government or any other Public Sector Enterprise, SAIL may,
without any further enquiry or investigation, issue an order banning
business dealing with the Agency and its inter-connected Agencies.

12.4 Based on the above, Plants / Units may formulate their own procedure for
implementation of the Guidelines and same be made a part of the
tender documents.

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