TENDER ENQUIRY (RFQ)

HINDUSTAN COPPER LIMITED Enquiry No. : 412 Date: 02-JAN-2020

(A Govt. of India Enterprise)
Plot No 747, GIDC Estate Jhagadia
To
Dept.:- M&C Email : sandeep_y@hindustancopper.com
Issued by.:- Sr.Mgr(Sys)/M&C Phone No. : 9958104524
Last Date & Time for Tender Submission: 24-JAN-2020 15:00:00
Place of submission: On Line through CPP Portal
Date & Time of Tender Opening: 27-JAN-2020 15:00:00
Note To Suplier: Two Bid
E.M.D (Rs.): Rs 22000
PAYABLE AT:- Online in Hindustan Copper Ltd. A/c
SECURITY DEPOSIT (%): Nil
PBG (%): 10%
Duration of Contract: Two Months
DLP Period: 1 year
Cost of Tender Document (Rs.): Nil

Referance : Enquiry No. : 412 Date: 02-JAN-2020

Subject:- Repairing of entrainment separator(FRP make) in gas cleaning plant, kaldo at Gujarat Copper
Project (A Unit Of Hindustan Copper Ltd.), 747, GIDC Industrial Area, Jhagadia, Bharuch, Gujarat-393110

Dear Sirs,
Online tenders through https://etenders.gov.in/eprocure/app are invited on behalf of M/s Hindustan Copper
Limited Plot No 747, GIDC Estate Jhagadia for the work as per details given below. The offer should be as per terms
and conditions given in the tender document.

Sl.No Item Code Description of Work Unit Quantity

.
1 902430139 Supply of FRP lining materials as per attached technical specification to SQUARE 17000
laminate a thickness of 10mm at inside FRP tank i.e. entrainment separator FEET
size:4000 mm dia x 11000 mm height,total surface area-17000 sq.ft approx.
2 905499515 Surface Preparation By Cleaning, Grinding and complete FRP lining with the SQUARE 17000
supplied resin to a thickness of 10mm at inside FRP tank i.e. entrainment sep. FEET
size:4000 mm dia x 11000 mm ht.Details of job is mentioned in attached Scope
of work.
3 444800096 Supply of complete set PP Demister pad & support beam as per attached SET 1
technical specification to fit inside FRP tank i.e. entrainment separator
size:4000 mm dia x 11000 mm height,total surface area-12.56 sq.mtr approx.
4 905499516 Fixing of supplied Demisters & supports beams to a surface area of 12.56 sq.mtr SET 1
approx. at inside FRP tank i.e. entrainment separator size:4000 mm dia x 11000
mm height.Details of job is mentioned in attached Scope of work .

HCL also reserves the right to issue any corrigendum (s) to this tender, if felt necessary, before the due date of opening
of the tender.

You are, therefore, requested to visit our website (www.hindustancopper.com) from time to time to know if any such
corrigendum to the tender has been issued by HCL. The corrigendum (s) if issued subsequent to the press publication
of this NIT shall not be further published in the press.

Hindustan Copper Ltd. reserves the right to reject any or all the offer(s). All late/incomplete offers are liable for
rejection.

Should the interested parties require any clarification regarding any of the terms & conditions stipulated in this tender
document, the same can be clarified thro’ e-mail communications before the due date of submission of bids at the
following e-mail id:
1
 TENDER ENQUIRY (RFQ)

Mr. Sandeep Yadav: sandeep_y@hindustancopper.com , Mob. 9958104524

Mr. Pinaki Mohan Sutradhar : Pinaki_ms@hindustancopper.com, Mob.9433419310

Mode of submission of tender:

On line offers are invited through Central Public Procurement Portal CPPP who is the service provider to HCL at URL
https://etenders.gov.in/eprocure/app of NIC under two part bid system as per terms and conditions attached
herewith. However, before bidding the following may please be noted by the bidder:

1) Bidders already having DSC or already registered in CPP for e procurement for tendering in any other
organisation, can use the same for HCL.
2) No Techno-Commercial document is to be submitted offline.
3) EMD to be submitted in RTGS/NEFT form only. No DD to be submitted as EMD.
In case of high value tenders, EMD BG to be submitted in hard copy.
4 ) Bidder has to check Corrigendum uploaded against the TE from time to time on CPP portal and
resubmit their bids in case of any change in their offer due to the corrigendum, before the final bid
submission date/time.
5) For bidders registration or Bid submission Procedure is also available “Bidder Manual Kit” in
https://etenders.gov.in/eprocure/app

A. Registration procedure:
1. Please visit the Link https://etenders.gov.in/eprocure/app
2. Click on ‘Online Bidder Enrollment’.
3. Put your Login ID (Enter email address for login id. eg: abc@nic.com. Care may be taken to
enter valid e-mail ID. This information will be kept confidential. The login ID cannot be
modified once registered.)
4. Put your correspondence Id. (Correspondence Email ID can be same as your Login ID.)
5. Put your Mobile Number (Note: As Mobile and Email are the modes of correspondence,
ensure that mobile no and email id provided is correct.)
6. Fill rest of the form containing firm’s details like name, address, PAN etc. to register as bidder.For
enrolment, the bidders will be required to register their valid Digital Signature Certificate
(Class II/ Class III Certificates with signing key usage) issued by any Certifying Authority
recognized by CCA India (e.g.Sify / nCode / eMudhra etc.), with their profile.

Bid Submission Procedure:(Only by bidders having valid Digital Signature Certificate –DSC)
1. Please visit the Link https://etenders.gov.in/eprocure/app
2. Enter your login ID & Captcha
3. Enter password & Captcha
4. Click to DSC Login & enter PIN.
5. Click at ‘Search Active Tenders’.
6. Enter Tender ID & other search criteria & then Click ‘Search’ to search the Tender.
7. Upon finding the desired Tender, click the checkbox to mark the Tender as ‘favorite’.
8. Click on ‘My Tenders’ on left hand side menu panel to find out the favorite Tender list.
9. View the desired Tender by clicking logo under ‘View’ column. Tender details will appear.
10. Scroll down the page containing Tender details.
11. Download the NIT & Bid-of-Quotation (BOQ) from ‘Tender Documents’ section.
12. Click ‘Proceed for Bid Submission’ to proceed ahead.
13. Tick ‘I Agree’ & ‘Next’ to proceed further.
14. Update personal details & click ‘Next’ to proceed ahead.
15. Select EMD Exemption status (Yes OR No) & proceed ahead by clicking ‘Next’.
16. If No, Click ‘Pay Offline’.
17. Click ‘Confirm to Pay’.
18. Enter EMD details in ‘Specify Instruments for EMD Offline Payment’ & save.Click ‘Next’.

2
 TENDER ENQUIRY (RFQ)

19. Click ‘Submit OID’ then click ‘Submit Other Important Documents’.
20. Click ‘Encrypt & Upload’ to upload cover documents.
21. Click folder logo in ‘Fee/PreQual/Technical’ box to upload technical cover documents.
22. As new window opens, click ‘Browse’ to select & attach the documents.
23. After selecting the documents, sign & upload them digitally by clicking “Sign & Upload’.
24. Click ‘Ok’ in the message pop-up box to proceed ahead.
25. As window again goes back, click folder logo in ‘Finance’ box to upload Financial docs.
26. As new window opens, click ‘Browse’ to select & attach the documents (Bid-of-Quotation/ BOQ)
27. After selecting the documents, sign & upload them digitally by clicking “Sign & Upload’.
28. Click ‘Ok’ in the message pop-up box to proceed ahead.
29. Click ‘Next’ in Bid Submission -> Packet Details window to proceed ahead.
30. View Bid details and scroll down to check the same.
31. If all correct, click ‘Freeze Bid’ to lock/freeze your offer.
32. Click ‘Print Acknowledgement’ & ‘Print Bid Details’ to print the same & keep it for record.

NB: You do not require registering again for different tender enquiries of HCL. Registration on the website is free of
cost.
GePNIC Contact Person:
Important 1: For Registration related issues, all tenderers are requested to contact: Mr. SK Imran, Mobile Number: 91
8777791736 or Support e-mail : support-eproc@nic.in

Important 2: For Bidding related issues, please call NIC Help Desk Number:
0120-4200 462, 4001 002, 4001 005, 6277 787

We have also enclose herewith the under-mentioned Annexures to the tender document, which may be seen &
selected carefully for submission of offer:

a. Scope of Supply, Specification, and General Terms & Conditions Annexure-I

b. Bank Mandate for e-payment/RTGS Annexure-II
c. Proforma of Performance Guarantee Annexure-III
d. Contract Agreement Annexure-IV

Sr. Manager (SYS)/M&C

Gujarat Copper Project
Hindustan Copper Ltd.

3
 TENDER ENQUIRY (RFQ)

ANNEXURE-I
TERMS AND CONDITIONS

1) PRE-QUALIFICATION CRITERIA:

(i)The bidder must be manufacturer/supplier/repairer of FRP items.

(ii)The bidder must have experience/knowledge of repairing of gas scrubber FRP make system with supply of FRP
materials to any Govt/PSU/limited/private company within last seven years ending last day of month previous to
the one in which tenders are invited. The bidder must provide either of the following (the proof of which is to be
submitted along with the Part-I bid of the tender).
Single PO of amount not less than Rs.17.8 lacs
OR
Two PO of amount each not less than Rs.11.1 lacs.
OR
Three PO of amount each not less than Rs.8.9 lacs
(iii)Average annual financial turnover of the bidder not less than Rs.6.6 lacs during the preceding three years
ending 31st March 2019 (the proof of which is to be submitted along with the Part-I bid of the tender.

(iv)The party must visit site at GCP before submission of offer to understand the quantum of job and make
minute of meeting with engineers/HOD of Mech Engineering department (the proof of which is to be submitted
along with the part-I bid of the tender) Failing of which offer will be rejected.

2) Scope of Supply/work:

Against Item S.No.01: Scope of supply

Supply of FRP material shall be the following to laminate 10mm thickness of inside tank surface area 17000 sq. ft
approx.

I. Resin -Bisphenol A

II. Chopped strand Mat -Glass E type,300-450g/m2

III. Woven roving -Glass E type,610 g/m2

IV. Surface Mat -Glass E type,40gm/m2

V. Hardener - Methyl Ethyl ketone peroxide (50%peroxide content)

VI. Accelerator -20%cobalt naphtanate /octoate

VII. Resin to glass ratio -2.5:1

Against Item S.No-02: Scope of work

I. To repair the damaged FRP lining at inside FRP tank i.e. entrainment separator, Size 4000mm x 11000mm
height.

II. The quantity of FRP repair will be 17000 sq. ft. having thickness of layer 10mm.

III. Before applying the layer, surface preparation such cleaning, grinding to be done on as per direction of EIC.

4
 TENDER ENQUIRY (RFQ)

IV. To provide lamination using the supplied FRP material as Bisphenol grade resin, Fibre glass chopped strand
material, Promoter, Accelerator and catalyst for bonding.

V. Last final surface material layer shall be surface mat with proper resin coating.

VI. Arrangement of scrap folding, labour, supervisor and other necessaries will be in scope of party.

VII. After entire completion party has to carry out hydro test of repair system for leak proof and perfect repairing.

Against Item S.No.03: Scope of supply

I. Supply of complete set Demisters & support beams with PP material to fit inside FRP tank i.e. entrainment
separator size:4000 mm dia x 11000 mm height, total surface area-12.56 sq. mtr approx.

II. Demister pad, size-920mm length x 290mm width x 250mm height, each having 24 nos cross plates and 01 no
longitudinal plate, MOC: PP

III. Support beam size: Flange width-100mm, web depth-200mm, MOC: PP

IV. Detail drawing development of existing demister pad and support beam will be in scope of party. Party will
prepare drawing as direction of EIC and will submit drawing to HCL after placement of our order within 15
days.

Against Item S.No-04: Scope of work

I. Fixing of supplied demister pads with support beams shall be done at top inside FRP tank i.e. entrainment
separator, Size 4000mm x 11000mm height.

II. Total area of fixing pads will be around 12.56 sq. mtr.

III. Materials required for fixing PP demister pad & support beam at inside FRP tank will be in scope of party.

IV. Arrangement of scrap folding, labour, supervisor and other necessaries will be in scope of party.

Other terms & condition:

• The party will visit the site before submitting his offer.

• Safety belts for height work and lifting belt and other required arrangements will be in scope of contractor.

• Welding m/c power supply, air, water will be in scope of HCL.

• Required man powers for handling the job will be in the scope of contractor and contractor will have to strictly
follow the safety precautions to his workers during commencing the job.

• Apart of above, if require anything for the subject job, contractor have to prior inform to the site in charge of
HCL. So, that it can be timely fulfilled.

3) PERIOD OF CONTRACT:
The contract shall be effective for a period of 03 months (Entire completion of job including supply), which can be
extended by another 01month on same terms & conditions.

4) Commencement of work:
The contractor will be required to commence the work within three days from the date of intimation for
commencement of job by HCL/GCP.

5) DEFECTS LIABILITY PERIOD

12 months from the certified successful date of completion of work . Any defects observed during the D.L.P., the
contractor has to rectify the defects if any, free of charge at his own cost
5
 TENDER ENQUIRY (RFQ)

6) EARNEST MONEY DEPOSIT (EMD):

The tenders must be accompanied with an Earnest Money of Rs.22,000 (Rs. Twenty two thousand only)
through RTGS/NEFT only. No other form for EMD submission will be acceptable. Please upload payment
transfer details (scan copy of RTGS/NEFT payment transfer) in the bid documents on CPP portal. The bank A/C
details for RTGS/NEFT payment is as under:.

Name : Hindustan Copper Limited- Gujarat Copper Project

Bank : ICICI Bank Ltd.
Branch : Ankleshwar Branch.
Account No. : 025805003086
RTGS/NEFT Code. : ICIC0000258

Official Branch Address:

ICICI BANK LTD. Ankleshwar Branch
KGN Complex , Plot no-C3/10/B
Old National Highway 8,GIDC,
Near Hotel Asapolav Station road
Ankleshwar-393002, Gujarat

Details of online submission of EMD should be shared on following mail ID

a. naveen_d@hindustancopper.com
b. Uvesh_b@hindustancopper.com

The EMD will be liable for forfeiture in case tenderer withdraws their offer or fails to undertake the work
after award, due to reasons whatsoever. No adjustment against any pending dues for this purpose will be
considered.

No interest shall be paid by HCL on the earnest money deposited by the bidder and the same shall be
interest free. The earnest money will be refunded to the unsuccessful bidders after finalization of the
contract. EMD to the successful parties will be refunded after the deposition of the Security Deposit. EMD
deposited for any previous tenders will not be considered for this tender.

Any bid not accompanied by the EMD/Bid Security shall be summarily rejected by HCL/GCP as non- responsive
subject to exemptions, if any, indicated in the tender documents.

HCL/GCP shall be entitled to forfeit, invoke and appropriate the EMD/Bid Security as damages inter alia in any
of the events specified below. The bidder, by submitting its bid pursuant to this tender, shall be deemed to have
acknowledged and confirmed that HCL/GCP will suffer loss and damage on account of withdrawal of its bid or
for any other default by the bidder during the Bid validity period as specified in this tender. No relaxation of any
kind on Bid Security shall be given to any bidder.

Under the following conditions, the EMD/Bid Security shall be forfeited, invoked as damages without prejudice
to any other right or remedy that may be available to HCL/GCP under the bidding documents and/or under the
Contract, or otherwise,:

(a) If a bidder engages in a corrupt practice, fraudulent practice, coercive practice, undesirable practice.

(b) If a bidder withdraws its bid during the period of validity of bids as specified in this tender and as extended
on instructions of HCL/GCP;

(c) In the case of selected bidder, if it fails within the specified time limit -

6
 TENDER ENQUIRY (RFQ)

(i) To sign and return the duplicate copy of the LoI; and/or

(ii) To do all such acts as are required under this tender or before signing of the Contract ; and/or

(iii) To furnish the Performance Security within the period prescribed there for.

The following are exempted from submission of EMD/Bid Security:

• Public Sector Undertakings /Govt. Dept/Govt. Institutions.

• Micro and Small Enterprises registered with Districts Industries Centers (DICs) / Khadi & Village Industries
Commissions (KVIC) / Khadi & Village Industries Board (KVIB) / Coir Board/NSIC/Directorate of Handicrafts
and Handloom or any other body specified by Ministry of Micro, Small & Medium Enterprises (MoMSME) up
to the extent of their monetary limit.

• Original Equipment Manufacturers (OEMs).

• For MSEs, the exemption from submission of EMD is to be granted only for the items for which they are
registered with the concerned authorities.

7) PERFORMANCE BANK GUARANTEE:

Supplier /Contractor shall on receipt of LOI/Purchase Order/Work order shall deposit a sum equivalent to 10% (Ten
percent) of the basic contract value towards the performance guarantee deposit with HCL-GCP positively with in 15 days
in the form of Demand Draft/Pay Order or Bank Guarantee (on HCL’s format) from any Scheduled Commercial Bank
except co-operatives and Gramin Banks valid for a period of Eighteen (18) months.
8) PAYMENT
Supply part (against item sl no.01 and 03):
a. 80% payment will be released on receipt of material
b. 20% payment will be released on entire completion of job at site
Site Job part (against item sl no.02 and 04):
a. 100% payment will be released after one month from date of successful commissioning /completion
of job.
The Contractor shall submit the bills in triplicate with necessary documents, to the Engineer-In-Charge. The
payment thereon shall be released by e-payment/RTGS payment on 30 days credit period of presentation of bills
complete in all respects. However, the statutory deductions like Income tax, etc. shall be made before making
the payment.

The contractor must submit Bank Mandate for e-payment/RTGS payment in the format provided at
ANNEXURE-II.

9) RATES:

Rate will be fixed & Firm during the period of contract.

10) GENERAL TERMS & CONDITIONS OF THE CONTRACT

(i) HCL, GCP shall not be liable for any damage or compensation payable by law in respect of or in
consequence of any accident or injury or death to any workmen or other person in the employment
of the contractor and the contractor shall indemnify and keep HCL/GCP indemnified against all such
damages and compensation and against all claims, demand, proceedings cost, charges and expenses
whatsoever in respect of or in relation thereto.

7
 TENDER ENQUIRY (RFQ)

(ii) Compliance of all relevant provisions of Central / State Acts / Rules in connection with labour laws,
Compensation Act and all safety regulations as applicable shall be the responsibility of the contractor.

(iii) In case of injury to the labour during the course of actually performing Company’s work, first-aid will
be provided by the Company free of cost. Other than first aid, the company will have no liability to
bear the treatment cost.

(iv) It will be the contractor’s responsibility to maintain all records, registers in accordance with the
provisions of Contract Labour (Regulation & Abolition) Act and Rules made there under and other
statutory laws.

(v) The contractor should obtain a valid labour license for the actual number of workmen employed, as
per Contract Labour (Regulation & Abolition) Act, 1970 issued by Competent Government Authorities
and submit a copy of the same to Unit HR Department before starting execution of the work.

(vi) In case of any decision by the Competent Authority /Court about the liability of the contractor under
the Contractor Labour (Regulation & Abolition) Act, 1970, the Company’s liability shall be limited to
the extent of the disputed amount of wages. The job of supply of labour for departmental work at
GCP Plant is solely a temporary & fixed term job and after completion the job with the aforesaid
contractor, the said contract shall stand terminated without any notice and the contractor’s workers
will have no right of employment whatsoever in the Company on account of their working in this job
as a contractor’s worker

11) MANAGEMENT’S RIGHTS

i) The Company reserves the right to reject/accept any part or full tender.

ii) The Company reserves the right to award the work to eligible party either in full or parts thereof.
The decision of the Company is final and binding.

iii) The Company reserves the right to change the scope of supply at any stage.

iv) In the event the Contractor withdraws after the issue of WO / LOI by the Company but prior to
submission of SD, any amount due with the company will be withheld, besides initiating appropriate
action.

12) Registration of Udyog Aadhar Memorandum (UAM) Number

Bidders who have their UAM number by Ministry of Micro Small and Medium Enterprises (MSME), should
declare their UAM Number on Central Public Procurement Portal (CPPP), failing which such bidders will not be
able to enjoy the benefits as per Public Procurement Policy for MSEs Order,2012 for the tenders invited
electronically through CPPP.

MSME bidders, who have registered their UAM number with CPPP, should submit proof of the same along with
their offer for availing the benefits available to MSEs as contained in Public Procurement Policy for MSEs Order
2012, issued by MSME.

MSEs owned by Scheduled Cast (SC) / Scheduled Tribe (ST) Entrepreneurs should also submit proof of the same
along with their offer for procurement earmarked for MSEs owned by SC/ST.

8
 TENDER ENQUIRY (RFQ)

Micro and Small Enterprises [MSEs] shall be eligible for availing all the benefits as laid down under the Public
Procurement Policy for MSEs [Order 2012]

13) Startup Companies/firms

CONDITIONS FOR START-UP COMPANIES

1. Subject to meeting of Quality and Technical specifications, HCL may consider allowing the participation of
‘’Start up’’ companies with capability to execute the supply/ services, as per technical specifications/ perform
the job as per scope of work specified in the tender and subject to meeting extant & relevant guidelines of
Government of India. This should be confirmed and substantiated in the technical bid.
2. The bidder who intends to participate as “Start-up” company should enclose the Certificate of Recognition
issued by Department of Industrial Policy and Promotion, Ministry of Commerce & Industry, Govt. of India
during submission of Technical bid.
3. Prequalification Criteria with respect to Prior Turnover and Prior Experience may be relaxed for Start-ups
as per the GOI guidelines.
4. However, there may be circumstances like procurement of items/services related to public safety, health,
critical security operations and equipment, etc wherein HCL reserves the right to not consider relaxation of
Prior Turnover and Prior Experience for Start-up Companies as per GOI guidelines.
5. Start-up Companies who are also registered as MSEs and wish to avail the benefits as applicable to MSE, shall
submit relevant documents covered under Conditions for Micro and Small Enterprises elsewhere in this tender.

14) GeM Registration:

All the bidders are requested to get themselves registered in the GeM Platform for future compliance. Proof,
if any may be submitted along with the bids by the bidders."
15) ABSOLUTE INTEGRITY OF THE CONTRACT

The Contractor and his persons shall maintain absolute integrity in carrying out the work and in case of any act
detrimental to the interest of HCL/GCP including theft of Company’s property by the Contractor or any of his
persons, the contract shall be terminated / suspended without any notice and the balance work shall be
executed through alternate sources at the risk and cost of the contractor. In the event of suspension /
termination of the work the contractor shall not raise any claim for the period of suspension / termination, nor
shall the company (HCL/GCP) be liable to pay for it.

16) Declaration of Relationship with HCL Employee:

It is compulsory for a bidder to declare whether the proprietor/ partner/ Director of the firm has any relation
with any employee working in the Units concerned or Director of HCL and if so, give the details and the
relationship.

17) FORMAL AGREEMENT

The contractor shall execute a formal agreement in this regard on a Non-judicial stamp paper of appropriate
value (To be purchased by the contractor in his name in the state of Gujarat at his own cost) within 05 days from
the, receipt of the Work Order. Formal AGREEMENT must be made and signed by the Contractor and HCL/GCP
before starting of the job (ANNEXURE –IV).

18) LIEN

The Company shall have a lien on all amounts that may become due and payable to the contractor under this
or any another contract/transaction of any nature whatsoever between the company and contractor including
the Earnest Money and receipt of any debit or sum that may become due and payable to the company or to

9
 TENDER ENQUIRY (RFQ)

any one by the contractor with either along or jointly or transaction or any contract whatsoever between the
company and the contractor and the company shall be entitled to deduct the said debit or sum due and
payable to the company (of which the company shall be the sole judge) or to any one by the contractor from
the amounts of repaid and the Earnest Money and the Security Deposit without prejudice to the rights and
remedies available in the company.

19) EXCLUSION OF LIABILITY FOR PAYMENT FOR INTEREST

The company shall not be liable for payment of any interest on the amount that may become payable to the
contractor under this contract and matter connected therewith.

20) IDLE LABOUR: No claim for idle labour under any circumstances shall be entertained by HCL.

21) SAFETY:
The responsibility of providing safety items lies with the Contractor. Contractor shall have to provide safety
appliances keeping in view of working at high temperature, acidic environment and dusty environment such as
safety shoes, Gum boots, Helmets, hand gloves and safety goggles, masks etc. for safe working as per Factory
Act, rules and regulations to every person employed under him. They should have own tools & tackles like hand
shovels, pickaxes, pans, spades, etc. for the jobs as per scope of work. In case the contractor fails to provide the
safety appliances and tools & tackles, the same shall be provided by GCP and the charges shall be deducted from
Contractor’s RA Bill.

The contractor is bound to follow company’s safety rules and should always be updated with the norms in
consultation with GCP safety officer.

In case the total deployment of employees and/or workers by the contractor at the work site within the GCP
plant premises exceeds 100 persons, the contractor shall deploy a full time qualified safety supervisor/officer at
the work site, failing which GCP shall deploy safety supervisor on contractor’s behalf and recover the cost of
deployment from the contractor with a penalty of Rs 1000 per month.

22) LOSS OR DAMAGE TO PROPERTY: Any loss or damage to the property of HCL/GCP by the Contractor will be
charged from the contractor’s bills. Decision in this regard, of the Officer-in charge shall be final and binding on
the contractor.

23) CONTRACT SUB- LETTING

Sub-letting of the contract to any third party / agency will not be permitted.

24) PARALLEL CONTRACT

The company reserves the right to award parallel contracts in case similar work is to be
carried out beyond the bill of quantity awarded.

25) RISK AND COST: - In case the Agency fails to meet the contractual obligations, Gujarat Copper Project will be
having sole discretion to get the work done through some other agency at the cost and risk of the original
security agency. HCL’s decision in this regard shall be final and binding on the Agency.

26) Liquidated Damages

10
 TENDER ENQUIRY (RFQ)

Time is the essence of the contract. Liquidated Damages may be levied against suppliers/contractors in case of
delay in execution of contract the date of delivery / completion of job specified in Purchase Order / Contract.

In case the contractor fails to complete the work within the stipulated period, as fixed in advance, he shall be
liable to pay liquidated damage @1/2% per week of the delay subject to a maximum of 10% of the total awarded
value of the category (Excluding Service Tax / GST as applicable). L.D. will be recovered from the contractor’s
bills or any other dues of contractor with the company.

Extension of delivery / contract period may be granted at the discretion of the competent authority.

The extension of delivery / contract period when granted shall be subject to the following conditions:

(i) No increase in price shall be granted if the same takes place during the extended period, despite a
variation clause in the order but reduction, if any, shall be availed of.

(ii) Any increase / decrease in taxes and duties on account of statutory increase / decrease fresh
imposition of any duties or taxes which take place during the extended period shall be admissible /
availed of, provided it is CENVATABLE / setoff is admissible against these levies.

(iii) If it is in the interest of HCL to ensure completion of supply / execution of job and / or fulfilment of
contractual obligations subject to levy of LD when reasons for delay are not attributable to HCL.

If the delay in completion of supply / execution of job is attributable to HCL, or due to a Force Majeure event,
then Competent Authority may consider waiving of LD, provided the occurrence of the event is informed by
notice to HCL, immediately thereof.

27) Temporary Suspension of work

HCL/GCP reserves the right for temporary suspension of the job in the event of any eventuality of disorder
with a notice of 07 (seven) days. However, the work will resume from the date of intimation of HCL/GCP at its
discretion. During the temporary suspension period the HCL/GCP shall not be liable to pay any claim for the
compensation, payment of interest etc to the contractor.

28) Events of Default

The following events shall be termed as Events of Default:

If the contractor shall not execute the contract in the manner as stipulated in the Contract or if it, in the opinion
of HCL:

(a) Does not execute the contract in conformity with the provisions of the Contract, or

(b) Substantially suspends any part of its execution for a period of fourteen (14) days without authority
from HCL, or

(c) Fails to carry on and execute the Contract to the satisfaction of HCL or

(d) Commits or permits any other breach of any of the provisions of the Contract (on the part of the
contractor to be performed or observed) or persists in any of the above mentioned breach of the
Contract for fourteen (14) days, after notice in writing shall have been given to the Contractor by HCL
requiring such breach to be remedied, or

(e) Abandons the Work(s), or

11
 TENDER ENQUIRY (RFQ)

(f) During the continuance of the Contract, becomes bankrupt, makes any arrangement or composition
with its creditors, or permits any execution to be levied or goes into liquidation other than for the
purpose of amalgamation or reconstruction; or

(g) Does not perform as per the agreed programme submitted by the Contractor.

29) LEGAL CLAUSES

1) Termination due to Events of Default

(a) If HCL decides to terminate this Contract, it shall in the first instance issue Preliminary Notice to
thecontractor. Within 15 days of receipt of the Preliminary Notice, the Contractor shall submit to HCL in
sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the
“Contractor’s Proposal to Rectify”). In case of non submission of the Contractor's Proposal to Rectify
within the said period of fifteen (15) days, HCL shall be entitled to terminate this Contract by issuing
Termination Notice, and to appropriate the Performance Security, if subsisting.

(b) If the Contractor's Proposal to Rectify is submitted within the period stipulated thereof, the Contractor
shall have to its disposal a further period of fifteen (15) days to remedy / cure the underlying Event of
Default. If, however the contractor fails to remedy/cure the underlying Event of Default within the stated
period, HCL shall be entitled to terminate this Contract, and to appropriate the Performance Security, if
subsisting.

2.) Foreclosure of Contract Full or in Part

If at any time after acceptance of the TENDER, HCL shall decide to foreclose or reduce the scope of the Works and
hence not require the whole or any part of the Work to be carried out, the Person inCharge shall give 10 days
notice in writing to that effect to the Contractor, provided that, In the event, any such action is taken by HCL,
the Contractor shall be paid full amount for the up to date quantum of Work executed at Work Site as per billing
schedule under the relevant items of Work under the Contract and in addition, a reasonable amount as certified
by the Person inCharge or any other agency appointed by HCL for those supplied items which could not be
utilized for execution of the Work to the full extent because of the foreclosure.

3.) Force Majeure Events

If at any time during the continuance of this contract, the performance in whole or in part by either party of any
obligation under this contract shall be prevented or delayed by reason of war, act of hostility of public enemy,
civil disruption or sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-outs or acts
of God (here-in-after referred to as events), provided notice of the happening of any such eventuality is given
by the either party to the other within 21 days from the date of occurrence thereof, neither party shall by reasons
of such event be entitled to terminate this contract nor shall either party have any claim for damages against
the other in respect of such non – performance or delay in performance/execution under the contract. Provided

12
 TENDER ENQUIRY (RFQ)

also that such performance/execution under the contract should commence as soon as practicable, after such
event has come to an end or ceased to exist, and the decision of HCL as to whether the performance has been
so resumed or not shall be final and conclusive. Provided further that if the performance in whole or in part or
any execution under this contract is prevented or delayed by reasons of any such event for a period exceeding
60 days, either party may opt to terminate the contract. If the contract is terminated under this clause, HCL shall
have liberty to take over from the contractor at a reasonable price , all unused, undamaged and acceptable
materials, machinery, equipments, etc. at the site , being used for the performance of the contract and in the
possession of the contractor at the time of such termination of such portion thereof as HCL may deem it fit,
except such materials, equipments, etc. that the contractor may with the concurrence of HCL elect to retain. It
is also understood in addition that this force Majeure clause will cover parties’ inability to perform on account
of change in law or imposition of rules or restrictions by the Government.

4.) Amicable Resolution

(a) Save where expressly stated to the contrary in this Contract, any dispute, difference or controversy of
whatever nature between the Parties, howsoever arising under, out of or in relation to this Contract
including disputes, if any, with regard to any acts, decision or opinion of the Engineer-in-Charge and so
notified in writing by either Party to the other (the "Dispute") shall in the first instance be attempted to
be resolved amicably in accordance with the procedure set forth in part (b) below.

(b) Either Party may require such Dispute to be referred to the work in charge of HCL and the Contractor for
amicable settlement. Upon such reference, the two shall meet at the earliest as per their mutual
convenience and in any event within fifteen (15) days of such reference to discuss and attempt to
amicably resolve the Dispute. If the Dispute is not amicably settled within fifteen (15) days of such
meeting, either Party may refer the Dispute in accordance with the provisions of part (c) below.

(c) In the event that any Dispute has not been resolved as per the provisions of (b) above, the same shall be
referred to the director or a person of equivalent designation, of HCL and the Contractor for amicable
settlement. Upon such reference, the two shall meet at the earliest as per their mutual convenience and
in any event within fifteen (15) days of such reference to discuss and attempt to amicably resolve the
Dispute. If the Dispute is not amicably settled within fifteen (15) days of such meeting between the two,
either Party may refer the Dispute to arbitration in accordance with the provisions of Arbitration clause.

5.) Arbitration
Any dispute(s) of difference(s) of any kind whatsoever arising between the parties out of, or relating to the
construction, meaning, scope, operation or effect of the contract or its validity or its breach thereof, if not settled
mutually, shall be referred by the parties to this contract for Arbitration under the Arbitration and Conciliation
Act, 2015 and the provisions there under, and the award made in pursuance thereof shall be binding on the
parties.

13
 TENDER ENQUIRY (RFQ)

The Arbitrator will be appointed within 30 days of reference to arbitration. A sole Arbitrator will be nominated
by the Chairman-cum-Managing Director of Hindustan Copper Limited (HCL), who, according to the 2015 Act,
will not stand in conflict of interest with any of the organizations. A declaration to this effect shall be submitted
by the Arbitrator, to guarantee impartiality in the proceedings. In case of a dispute of very high value, the
dispute may be referred to an arbitral tribunal, consisting of an Arbitrator nominated by both parties each and
one arbitrator appointed by both the above arbitrators.

In the event of such an arbitrator to whom the matter is originally referred, being transferred or has vacated
his office because of retirement, or resignation or otherwise or refuses to act or is incapable of acting for any
reason whatsoever, the Chairman-cum-Managing Director of HCL shall appoint another person to act as
arbitrator in his place, who again would not stand in any conflict of interest with both the parties. Such
person(s) shall be entitled to proceed from the stage at which his predecessor left it.

The duration of proceedings and the fee structure will be governed by the 2015 Act. The venue of the
arbitration shall be Bharuch only. The award of the arbitrator shall be final and binding on the parties. Any
dispute, which arises at any point of time out of arbitration, shall have jurisdiction of the Court of Bharuch,
Gujarat.

Subject to the above, the provision of Arbitration and Conciliation Act, 1996 and the rules there under and the
statutory modifications thereof shall govern such arbitration proceedings and shall be deemed to apply and
be incorporated in this contract.

“In the event of any dispute or difference relating to the interpretation and application of the provisions of
commercial contract(s) between Central Public Sector Enterprises (CPSEs) / Port Trusts inter se and also
between CPSEs and Government Departments/Organizations (excluding disputes concerning Railways, Income
Tax, Customs & Excise Department), such dispute or difference shall be taken up by either party for resolution
through AMRCD as mentioned in DPEOM No. 4(1)2013 - DPE (GM)/FTS - 1835 DATED 22-05-2018.”

4. HR PROVISIONS

a) ATTENDANCE RECONCILIATION

Reconciliation of attendance of the contractor’s workers shall be jointly conducted and signed by the
Contractor and Engineer-in-Charge on a register on daily basis. Attendance in Muster Roll (Attendance Sheet)
in Form D as per Contract Labour (R&A) Central Rules, 1971, would be recorded on the basis of the
attendance so reconciled. Copy of the Attendance Sheet shall be submitted to the HR department with
periodic bills.

b) SALARY & WAGES OF CONTRACTOR’SWORKERS

a) The contractor shall pay wages and other benefits to the workers strictly as per Payment of Wages
Act, 1936 andMinimum Wages Act 1948. If the contractor fails to clear the due wages of his workers,
14
 TENDER ENQUIRY (RFQ)

and HCL/GCP is forced by statute to pay them, a penalty of 24 % of the dues paid to the contractor’s
workerswill be charged from the contractor’s pending amount with HCL/GCP. If the default
continues for 3 months, the contract will be terminated and wages and other statutory payments
to the workers of the contractor will be paid by the Principal Employer, i.e., HCL/GCP, forfeiting the
contractor’s pending amount with HCL/GCP including Security Deposit. Copy of Wage Register in
Form B as per Contract Labour (R&A) Central Rules, 1971, shall be submitted to the HR department
with periodic bills.

b) All payment to be made to the contract labour shall be paid through bank account only and the bank
statement is to be submitted along with the bill. Cash payment will not be allowed under any
circumstance. The Contractor shall submit bank statements in support of such payment immediately
on remittance of the funds. In case of any cash payment of wages due to any unforeseen reason,
the same has to be made in the presence of an authorized representative of the Company as per
the Contract Labour (Regulation and Abolition) Act, 1970 and Rules, framed there under. Wage
registers as per Labour Laws shall be compulsorily maintained by the contractor, which should be
available at all time.

c) Overtime payment to workmen for working on Closed holidays as declared by HCL /GCP and on
government declared paid Election day will be paid by GCP if called for duty. One extra manday
payment will be considered in lieu of overtime.

d) The payment of wages should be made to the personnel deployed positively within 7th day of the
succeeding month for which the wages are payable. Wage period shall be from 1st day of the month
to the last day of the month. The payment of wages shall not be subject to payment against the
contractor’s bills by HCL. Non compliance in this regard will entail penalty of Rs. 500/- per day to be
borne by the contractor.

e) The Contractor shall distribute wage slips to the deployed workers as per Contract Labour
(Regulation & Abolition) Central Rules 1971.

c) CENTRAL & STATE GOVT. RULES & REGULATIONS

a) The contractor shall confirm to all the Labour Laws governing the workmen engaged by directly or
through a sub-contractor (if terms & condition allow for sub contract).and implement the provision
of Factories Act 1948, EPF & MP Act 1952, Bonus Act 1965, Gratuity Act 1972, Minimum Wages Act
1948, Payment of Wages Act 1936, Employees Compensation Act 1923, Contractor Labour (Regulation
& Abolition) Act 1970, Equal Remuneration Act, Motor Vehicle Act and all other Acts, applicableRules
and regulations framed there under and also provisions of any other acts as may be applicable to the
Owner's premises or his workmen.

b) The work during its progress can also be inspected by the Chief Technical examiner / Technical Examiner
of Central Vigilance Commission or by an officer of Vigilance Cell of HCL independently ab initio / on
behalf of the Engineer-in-charge.

d) SECURITY REGULATIONS

Contractor and their representatives shall abide by all the Security regulations existing at GCP in all phases
of the work emanating from this contract.The workers and other representatives deployed by the Contractor
against the job are liable to security check while entering the premises or anytime during the work as long as
they are within the premises of GCP. The Contractor will arrange necessary Gate Pass from the HR
dept./Security Section sufficiently in advance. HCL shall not be responsible for any delay caused in issue of

15
 TENDER ENQUIRY (RFQ)

gate passes. The workers to be deployed by the contractor should not have anything adverse in their name
in the police records. Police Verification Report to this effect in respect of the contractor’s workers has to be
submitted to the HR department by the contractor for issuance of gate-pass.

e) DEDUCTION OF P.F., FAMILY PENSION & E.C. Act. Etc.

The contractor shall comply with the provisions of the Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952 and the relevant schemes and all other laws of the land application to the employees of
the Contractor (including sub-contractor, if terms & condition allow for sub contract).

Contractors have to submit the Copy of ECR as proof of deposition ofPF & Pension etc. in the respective RPFC.
In the event of failure on the part of the Contractor to deposit provident fund and pension fund, the company
shall recover the same from the bills of the contractor together with any other charges/penalty leviable for
the said default of the contractor and directly deposit the provident fund and family pension with the
appropriate authority.

The Contractor shall at all times indemnify HCL/GCP against all claims, damages, compensation etc. that
might become payable under the said Employees’ Provident Funds and Miscellaneous Provisions Act 1952
and Employee’s Compensation Act 1923 and all other labour, industrial and other laws of the land applicable
to the employees and workers engaged by the contractor (Including sub-contractor, if the terms & conditions
allow).

f) IR-CLEARANCE

The contractor is required to contact concerned officer of HR department for obtaining clearance for starting
the work and knowing the modality of payment of Provident Fund and Family Pension under the Employees’
Provident Funds and Miscellaneous Provisions Act, 1952 and any other law of the land and also for
completing the formalities regarding contractor’s labours.

g) INSURANCE

Employees’ Compensation Insurance Policy as per Employees’ Compensation Act, 1923 shall be accepted as
a valid insurance policy and HCL’s contribution as a premium to the policy as per Minimum Wages Act, 1948
@per manday has been included in the rate. However, in case of any claim(s) due to any untoward incident
which does not come under EC Act, 1923, the expenses will be borne by the contractor. Before
commencement of the work, the Contractor must submit a copy of the insurance covered under Employee’s
Compensation Act 1923 of its employees to be deputed under this Work Order in Human Resource
Department and then only they will be allowed to start the work contract.

Valid employee compensation insurance policy of requisite nos. of workmen (Gate pass will be issued to that
number of persons only) of Contractor is required to be submitted by the Contractor to the Human Resource
Department before starting the Job, which shall cover the employment risk of the engaged employees arising
out of and in the course of his employment. Engineer-in-Charge must ensure the same. Gate Pass will be
issued to that number of workmen only for which insurance coverage has been obtained by the contractor.

Without Valid Insurance no “Gate Pass” will be issued by the HR Department in the name of any employee
of the Contractor. Gate pass will be issued only after appropriate verification of all IR related documents and
due signature by the HR Executive.

The Contractor shall be solely responsible for all equipment and materials installed/ used by it for execution
of work covered in the Contract and will obtain a comprehensive liability insurance cover at its own cost.

16
 TENDER ENQUIRY (RFQ)

In case of any damage, loss, pilferage of equipment and materials, the Contractor shall arrange prompt
replacement.

All claims in the insurance policy shall be lodged and pursued by the Contractor solely and the Principal
employer/Occupier shall have no liability in this regard.

The risk, cost and consequence of the Contractor's failure to arrange for insurance coverage as specified
above shall to be solely to Contractor's cost and account and Principal Employer shall have no liability
whatsoever thereof.

Note: - Insurance of Contractor is also necessary, for the purpose of issuing him “Gate Pass” and the cost of
his insurance premium will be borne by the contractor himself.

h) PAYMENT OF BONUS

The provision for payment of bonus to workmen engaged by the contractor/agency will be the contractor’s
liability & shall be included in the rates. This will be as per Payment of Bonus Act, 1965 &rules there under.

i) MEDICAL TREATMENT

a) First-aid facility in case of injury at work site will be provided free of cost at GCP/OHC.

b) For all other treatment / medical expenditure, it will be the responsibility of the contractor. The charges
of such medical treatment will be borne by the contractor in addition to the various provisions under
the Employees Compensation Act, 1923 (as amended up to date).

j) Contractor shall observe all the State and Central Govt. Rules, Regulation & Acts wherever applicable i.e.
Contract Labour (Regulation and Abolition) Act, 1970, Employee’s Provident Funds and Miscellaneous
Provisions Act, 1952, Factories Act, 1948, Industrial Disputes Act, 1947, Minimum Wages Act, 1948, Payment
of Bonus Act, 1965, Payment of Gratuity Act, 1972, Employee’s Compensation Act, 1923 etc.

k) The contractor shall ensure the age of workmen and the contractor shall not engage any child Labour in any
work. Contractor shall ensure not to employ child labour i.e. less than 18 years of age.

l) The contractor shall intimate the report of accident, if any occurring in the course of scope of employment
within one hour from the occurrence of accident to reporting officer In- Charge.

m) The contractor shall maintain and produce relevant record as per the provisions of the aforesaid act, rules
and instructions, on demand from statutory authorities or from the authorized concerning officers of the
company and shall also file returns/reports to concerned statutory authorities and any failure on the part of
the contractor in this regard will be deemed as violation of the contract.

n) Persons engaged by the contractor in connection with the performance of the contract, shall be employees
of the contractor and if any claim shall be lodged against the Principal Employer in respect of non-payment
of wages etc. of any description, due from the contractor in the discharge of his duties to his employees, such
amount will be recovered from the contractor.

o) Contractor will provide helmet, safety shoes, other safety PPE's and apparatus as required of approved
quality by HCL/ GCP's safety deptt to the workers deployed by him for this work. The contractor shall comply
with all Safety Rules and Regulations laid down under the Factories Act, 1948 and Gujarat Factories Rules
1963. The violation of the same will not be allowed and noncompliance will attract penalty fixed by the

17
 TENDER ENQUIRY (RFQ)

department concerned and/ or failure on the part of the contractor in this regard, will be deemed as violation
of contract. Management reserves the right to cancel work order under such circumstances.

p) The contractor shall not at any time do, cause or permit any nuisance on site or do anything which shall cause
unnecessary disturbance or inconvenience to owner and to the general public.

q) The Contractor shall employ such labour on the works of the Principal Employer who have educational
qualifications, age, experience and medical standards as per mutually agreed specifications. The Contractor
shall be responsible for his workmen, to take attendance of labour, to disburse payment of wages and to do
such things as are necessary to maintain discipline among workers. The Contractor shall have the sole
discretion to decide on engaging, rewarding or terminating the services of his workmen.

r) The Contractor shall observe all provisions of the Factories Act, including in respect of Working hours,
Holidays, Rest intervals, spread over, Leave and Over-time to his Contract Labour. All payments, as due and
admissible under the law in this respect shall be his sole responsibility.

s) Contractor shall have to pay all statutory settlement dues like Retrenchment benefits, leave salary, Gratuity,
Notice period pay etc. as per applicable labour laws to the eligible manpower engaged by him on completion
of the contract period. Expenditure incurred on this account shall be reimbursed by HCL along with Final Bill
on submission of documentary evidence & clearance from HR dept. of the contactor.

t) Persons engaged by the contractor in connection with the performance of the contract, shall be employees
of the contractor only and there shall be NO Employee and Employer relation between the labour engaged
by the contractor and HCL/GCP.

u) Contractor will provide canteen facility as applicable to his workmen / labours.

v) MEDICAL EXAMINATION

All persons to be employed by the contractor shall be medically fit; their medical examination shall be carried
out by the contractor at his own cost.

VALID MEDICAL EXAMINATION / FITNESS CERTIFICATE of each workman of the Contractor, to be issued by a
medical practitioner not below the rank of MBBS, is required to be submitted by the Contractor to the Human
Resource Department before starting of Job. Engineer-in-Charge must ensure the same.

The Contractor shall ensure that all his workers engaged under the contract shall undergo the PME as per
statutory obligation.

Without Valid Medical Fitness Certificate no “Gate Pass” will be issued by the HR Department to any workman
of the Contractor.

30) TENDER VALIDITY

The tender should remain valid for a period of 90 days from the date of tender opening.

31) HCL’S DISCRETION

HCL reserves the right to reject any or all the tenders without assigning any reasons whatsoever.

32) LATE OFFER

In no case, late and delayed offers will be considered.

18
 TENDER ENQUIRY (RFQ)

32 The company has the right to cancel the enquiry or extend the due date of receipt of quotation without
assigning any reason thereof.

33 Tenders must be submitted up to 1500 Hrs. till the last date of tender submission. Bids will be opened
online on opening due date of tender.

34 Bidder must mention their e-mail address and phone No. along with the offer.

35 Tender shall be evaluated on overall L-1 basis for all items together.

19
 TENDER ENQUIRY (RFQ)

ANNEXURE –I I
To be submitted in Duplicate (For Accounts holder in other than SBI)
MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET
(For RTGS facility)
To,
Hindustan Copper Limited,
……………………………
……………………………
……………………………

Dear Sir,
Sub: Authorization for release of payment due from HCL,………………………. through Electronic fund transfer
RTGS. (Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable)
1. Name of the Party: …………………………………………………………………………..
2. Address of the Party: ………………………………………………………………………..
………………………………………………………………………..
City………………………Pin Code………………………………… PAN No………………….e-mail ID…………………………………
3. Particulars of Bank:
Bank Name Branch Name
Branch Place Branch City
Pin Code Branch Code
MICR No.
( 9 digits code number appearing on the MICR Band of the cheque supplied by the Bank. Please attach Xerox copy of
a cheque of your Bank for ensuring accuracy of the Bank name, Branch name and Code number)
Account Type Savings Current Cash Credit
Account Number (as appearing in the in the
Cheque Book)
RTGS/IFSC Code

4. Date from which the mandate should be effective:

I hereby declare that the particulars given above are correct and complete. If any transaction is delayed
or not effected for reasons of incomplete or incorrect information, I shall not hold Hindustan Copper Limited
responsible. I also undertake to advise any change in the particulars of my account to facilitate updation of
records for purpose of credit of amount through RBI EFT/ Internet/RTGS.

Signature of the Party/Authorized Signatory

Certified that particulars furnished above are correct as per our records. Bank’s Stamp:

Date: (Signature of the Authorized Official from the Banks)

N.B. RTGS facilities centre

20
 TENDER ENQUIRY (RFQ)

ANNEXURE –III
PROFORMA OF BANK GUARANTEE FOR THE PURPOSE OF SUBMISSION OF PERFORMANCE GUARANTEE

(On Non-judicial stamp paper of appropriate value)

To,

Hindustan Copper Limited

Gujarat Copper Project
747, GIDC Industrial Estate
Jhagadia
Bharuch – 393 110, Gujarat

Dear Sir,

M/s…………………………………………………………...upon being awarded the work of ……………………for Hindustan

Copper Limited at ………………………………………………………………under Tender / LOI / Work Order
No………………………………………………………………….approached us with the request to furnish Hindustan Copper
Limited at…………………………………………………..a Bank Guarantee for Rs……………………………….only
(Rupees…………………………….only) towards Performance Guarantee. At their request and in consideration of
the promises we…………………………………………………….have agreed to give guarantee as hereinafter mentioned.
1) We …………………………………………………..hereby agree and undertake that if in your opinion any default is made
by the said M/s………………………………………………in performing any of the terms and or conditions of the
agreement or if in your opinion he commits any breach of agreement or there is any demand by you against
the said M/s…………………………………………………………………………………….then on notice to us by you we shall on
demand without demur and without reference to the said
M/s…………………………………………………………………………………………………….immediately pay to you in any manner
in which you may direct the said amount of Rs………………………………only (Rupees………………………………..only) or
such portion thereof as may be demanded by you not exceeding the said sum and as you may from time to
time require. Our liability to pay is not dependent or conditional on your proceeding against the said
M/s……………………………………………………………………..and we shall be liable to pay the aforesaid amount as and
when demanded by you merely on a claim being raised by you and even before any legal proceedings are
taken against the said M/s…………………………………….
2) You will have full liberty without reference to us and without affecting this guarantee, postpone for any time
or from time to time the exercise of any of the powers and rights conferred on you under the contract with
the said M/s….…………………………………………………..and to enforce or to forbear from endorsing any power or
rights or by reason of time being given to the said M/s…………………………………….….which under law relating to
sureties would but for the provision have the effect of releasing us.
3) Your right to recover the said sum of Rs…………………..….only (Rupees…………………………….from us in manner
aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been
raised by the said M/s……………………………………………….and / or that any dispute or disputes are pending
before any officer, tribunal or court.
4) Our guarantee herein contained shall not be determined or affected by the liquidation or winding up of
dissolution or change or constitution or in solvency of the said M/s……………………………………….but shall in all
respects and for all purposed be binding and operative until payment of all money due to you in respect of
such liability or liabilities.
5) Our liability under this guarantee is restricted to Rs……..………….only (Rupees……………………….only). Our
guarantee shall be valid up to…………………………and we are liable to pay the guaranteed amount or any part
thereof of under the Bank Guarantee only an only if you serve upon us a claim or demand or a suit / action to
enforce a claim under guarantee is filed against us on or before …………………………………
6) We have power to issue this guarantee in your favour under Memorandum and Articles of Association and
the undersigned has full power to do under the power of attorney dated…………………….granted to him by the
bank.
Yours faithfully,

……………………………………….(Signature of a person duly authorized to sign on behalf of the Bank)

21
 TENDER ENQUIRY (RFQ)

ANNEXURE-IV

CONTRACT AGREEMENT

ARTICLES OF AGREEMENT MADE THIS................................... day of.................... 2019 between HINDUSTAN COPPER
LIMITED, Gujarat Copper Project having it's registered offices at Tamra Bhawan, 1, Ashutosh Chowdhury Avenue,
Kolkata-19, hereinafter called the COMPANY on the one part and ...............................the CONTRACTOR on the other
part.

WHEREAS the Contractor has agreed with the company for the performance of the
work...........................................................set forth in the schedule here to be annexed upon, General and special
conditions of contract, and

WHEREAS the performance of the said work is an act in which the company is interested.

NOW THIS INDENTURE PESENTS WITNESSETH that in consideration of the payment to be made by
the company the contractor will duly perform the said works in great promptness care and accuracy in a work
man like manner to the satisfaction of the company and will complete the same in accordance with the said
specification and said drawings and said conditions of contract
within…………………………………………………………month from the date of award of work and will maintain the said
work for a period of six calendar months from the certified date of their completion and will observe, fulfill and
keep all conditions therein mentioned ( which shall be deemed and taken to be part of this contract as if the
same has been fully set forth herein) and the company do hereby agree that if the contractor shall duly perform
the said works is in the manner aforesaid and observe and keep the said term and conditions, the company will
pay or cause to be paid to the contractor for the said works on the final completion thereof the amount due in
respect thereof at the rates specified in the schedule hereto annexed.

In witnessed whereof the parties hereto have signed on the dates respectively set (Under) their
signatures.

Signature of contractor Senior Manager (Systems)/Materials & Contracts

Hindustan Copper Limited
Gujarat Copper Project

Date

Signature of witnesses with addresses

1)...............………… ………………...

2) ……………………… ………………

Signature Not Verified

Digitally signed by SANDEEP YADAV
Date: 2020.01.02 16:20:00 IST
Location: eProcurement System for 22
Central
PSUs