PURCHASE ENQUIRY

HINDUSTAN COPPER LIMITED Enquiry No. : 16520 Date: 22-JAN-22

(A Govt. of India Enterprise)
Malanjkhand Copper Project Last Date & Time for Tender Submission: 22-FEB-2022 15:00:00
Malanjkhand Date & Time of Tender Opening : 23-FEB-2022 15:00:00

Malanjkhand E.M.D. : Rs. 9000.00

Balaghat - 481116
Tel No.: 91(0) 7637 257013 / 257018 SECURITY DEPOSIT:
Fax No.: 91(0) 7637 257032 / 257038
e-mail: mcp_pur@hindustancopper.com
PBG: As Per NIT
To, M/s
Warranty: As Per NIT

Note to Supplier: Please submit offer in TWO BID system under CCP.
Dear Sirs,
You are requested to submit your offer in sealed envelope duly super-scribing above Enquiry No. , date and opening date, for
the following item(s) conforming to stipulated description and specification as per terms & conditions attached herewith :
Sl.No. Material Code Description of Material Unit Quantity Ship to Need By Date
with Specification/Part No./Make,etc Location
1 700800002 GRILL FRAME ,AS PER DRG.NO.727/90 ( 60 NUMBER 120 MCP Stores -
-NOS TYPE -A & 60 -NOS TYPE- B ) Spares &
Consumables
IMPORTANT INSTRUCTIONS :
The Bidders must refer to following
a) Special Terms and Conditions
b) General Terms and Conditions
c) Detail Technical Specification
d) Drawing
e) Any Other

For Hindustan Copper Limited

(Authorized Signatory)
 PURCHASE ENQUIRY

INTRODUCTION:

Hindustan Copper Limited (HCL), a public sector undertaking under the administrative control of the
Ministry of Mines, was incorporated on 9th November 1967. It has the distinction of being the India’s
only vertically integrated copper producing company as it manufactures copper right from the stage of
mining to beneficiation, smelting, refining and casting of refined copper metal into downstream saleable
products. HCL’s mines and plants are spread across five operating units, one each in the States of
Rajasthan, Madhya Pradesh, Jharkhand, Maharashtra and Gujarat.
PROJECT OVERVIEW:

1. Malanjkhand Copper Project (MCP) of Hindustan Copper Limited (HCL) at Madhya Pradesh was
established in 1982. Presently it is an open pit copper mine with capacity of 2.5 MTPA having matching
concentrator plant, tailing disposal system and other auxiliary facilities. It is the single largest copper
deposit of India with nearly 70% of the country’s reserve and contributing around 80% of HCL’s total
copper production.

2. Malanjkhand Copper Project (MCP) of Hindustan Copper Limited (HCL) is located in Balaghat
district of Madhya Pradesh. The project site is at about 90 km from the nearest Broad Gauge rail head at
Balaghat and at a distance of about 150 km from Durg in Chhattisgarh.

DISCLAIMER

a) Though adequate care has been taken while preparing this Tender Document, the bidder should
satisfy himself that document is complete in all respects. Intimation of any discrepancy shall be
given to this office immediately in writing. If no intimation is received by this office within seven
days from the date of issue of the Tender Document, then the office shall consider that the Tender
Document received by the prospective bidder is complete in all respects and that the bidder is
satisfied with the same. No further intimation in that respect will be entertained by this office after
the said stipulated period.

b) HCL reserves the right to change any or all of the provisions of this Tender Document. Such a
change would be intimated to all recipients of this Tender Document in writing or by e-mail.

A) INSTRUCTIONS TO BIDDERS

1. Eligible Bidders:

This Invitation for Bids, issued by the Owner, is open to all the Bidders meeting the eligibility criteria.
2. Verification of Information:
2.1 It shall be deemed that by submitting a bid, the bidder has complete understanding of the
requirement and only after that the bidder has:
a) Made a complete and careful examination of the bidding documents;
b) Received all relevant information requested from HCL;
c) Satisfied itself about all matters, things and information
d) Acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information
provided in the bidding documents or ignorance of any of the matters shall not be a basis for any
claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc.
by the bidders from HCL, or a ground for termination of the Contract;
 PURCHASE ENQUIRY
e) Acknowledged that it does not have a Conflict of Interest; and
f) Agreed to be bound by the undertakings provided by it under and in terms hereof.

2.2 HCL shall not be liable for any omission, mistake or error on the part of the bidder in respect of any
of the above or on account of any matter or thing arising out of or concerning or relating to tender, or the
bidding process, including any error or mistake therein or in any information or data given by HCL.
3. Verification and Disqualification:
3.1 HCL reserves the right to verify all statements, information and documents submitted by the
bidder in response to the tender or the other bidding documents and the bidder shall, when so required by
HCL, make available all such information, evidence and documents as may be necessary for such
verification. Any such verification or lack of such verification by HCL shall not relieve the bidder of its
obligations or liabilities hereunder nor will it affect any rights of HCL there under.
3.2 HCL reserves the right to reject any bid and appropriate the bid security if:
a. at any time, a material misrepresentation is made or uncovered, or
b. the bidder does not provide, within the time specified by HCL, the supplemental information
sought by HCL for evaluation of the Bid; or
c. the bidder has mentioned deviations in the price bid or any part of the tender document.
Such misrepresentation/improper response shall lead to the disqualification of the bidder.
4. Amendment of Tender:

Before bid due date, HCL may, for any reason, whether at its own initiative or in response to clarifications
requested by a bidder, modify the tender by the issuance of addendum/ corrigendum.

5. Clarification of Bids/ Shortfall Documents

During evaluation and comparison of bids, HCL/MCP may, at its discretion, ask the bidder for clarifications
on the bid. The request for clarification shall be given in writing by e-mail, asking the bidder to respond by
a specified date, and also mentioning therein that, if the bidder does not comply or respond by the date,
his tender will be liable to be rejected. Depending on the outcome, such tenders are to be ignored or
considered further. No change in prices or substance of the bid shall be sought, offered or permitted. No
post-bid clarification at the initiative of the bidder shall be entertained. The shortfall
information/documents should be sought only in case of historical documents which pre-existed at the
time of the tender opening and which have not undergone change since then. So far as the submission of
documents is considered with regard to qualification criteria, after submission of the tender, only related
shortfall documents should be asked for and considered.
 PURCHASE ENQUIRY

B) PRE-QUALIFICATION CRITERIA:

1. Average annual financial turnover during the last three years, ending 31st March of the previous
financial year, not less than 1 .35 Lacs .The proof of same is to be submitted along with the tender.

2. Experience of having successfully supplied tendered item/similar items during last seven years
ending last day of month previous to the one in which application are invited, should be either of
the following:

Three successfully supplied Purchase Orders of basic value not less than Rs 1.8 Lacs

OR

Two successfully supplied Purchase Orders of basic value not less than Rs 2.25 Lacs .

OR

One successfully supplied Purchase Orders of basic value not less than Rs 3.6 Lacs

To any Heavy Mineral Mining Industries, PSU, MES, Railways, CPWD and other Government
Agency/Undertakings or Listed Company having Company Identification .Tenderer has to submit
documentary evidence in the form of Purchase Orders and successful execution
certificate/performance certificate.

Definition of Similar Items: Any M S Fabricated Grill or structure having minimum individual
weight of 45 Kg

C) REGISTRATION AND BIDDING PROCESS: -

Central Public Procurement (CPP) System:

On-line Tenders at URL https://etenders.gov.in/eprocure/app are invited from the parties who
fulfill pre-qualification criteria of NIT for the supply of tendered item(s) to our Malanjkhand Copper
Project, Malanjkhand, Distt.: Balaghat, M.P. You are requested to submit your quotation through
Central Public Procurement System (CPP) of NIC under two-part bid system as per terms and
conditions mentioned in Special Terms & Conditions (STC) and General Terms & Conditions (GTC).

However, before bidding the following may please be noted by the bidder:

i) Bidders already having DSC or already registered in CPP for e procurement for tendering in any
other organization, can use the same for HCL.

ii) No Techno-Commercial document is to be submitted offline.

iii) 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.

 PURCHASE ENQUIRY
iv) 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.

1.1. Registration Procedure:

i. Please visit the Link https://etenders.gov.in/eprocure/app

ii. Click on ‘Online Bidder Enrollment’.

iii. 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.)

iv. Put your correspondence Id. (Correspondence Email ID can be same as your Login ID.)

v. Put your Mobile Number (Note: As Mobile and Email are the modes of correspondence,

ensure that mobile no and email id provided is correct.)

vi. 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.

1.2. Bid Submission Procedure: (Only by bidders having valid Digital Signature Certificate –DSC)

i. Please visit the Link https://etenders.gov.in/eprocure/app

ii. Enter your login ID & Captcha

iii. Enter password & Captcha

iv. Click to DSC Login & enter PIN.

v. Click at ‘Search Active Tenders’.

vi. Enter Tender ID & other search criteria & then Click ‘Search’ to search the Tender.

vii. Upon finding the desired Tender, click the check box to mark the Tender as ‘favorite’.

viii. Click on ‘My Tenders’ on left hand side menu panel to find out the favorite Tender list.

ix. View the desired Tender by clicking logo under ‘View’ column. Tender details will appear.

x. Scroll down the page containing Tender details.

 PURCHASE ENQUIRY
xi. Download the NIT & Bid-of-Quotation (BOQ) from ‘Tender Documents’ section.

xii. Click ‘Proceed for Bid Submission’ to proceed ahead.

xiii. Tick ‘I Agree’ & ‘Next’ to proceed further.

xiv. Update personal details & click ‘Next’ to proceed ahead.

xv. Select EMD Exemption status (Yes OR No) & proceed ahead by clicking ‘Next’.

xvi. If No, Click ‘Pay Offline’.

xvii. Click ‘Confirm to Pay’.

xviii. Enter EMD details in ‘Specify Instruments for EMD Offline Payment’ & save. Click ‘Next’.

xix. Click ‘Submit OID’ then click ‘Submit Other Important Documents’.

xx. Click ‘Encrypt & Upload’ to upload cover documents.

xxi. Click folder logo in ‘Fee/PreQual/Technical’ box to upload technical cover documents.

xxii. As new window opens, click ‘Browse’ to select & attach the documents.

xxiii. After selecting the documents, sign & upload them digitally by clicking “Sign & Upload’.

xxiv. Click ‘Ok’ in the message pop-up box to proceed ahead.

xxv. As window again goes back, click folder logo in ‘Finance’ box to upload Financial docs.

xxvi. As new window opens, click ‘Browse’ to select & attach the documents (Bid-of-Quotation/ BOQ)

xxvii. After selecting the documents, sign & upload them digitally by clicking “Sign & Upload’.

xxviii. Click ‘Ok’ in the message pop-up box to proceed ahead.

xxix. Click ‘Next’ in Bid Submission -> Packet Details window to proceed ahead.

xxx. View Bid details and scroll down to check the same.

xxxi. If all correct, click ‘Freeze Bid’ to lock/freeze your offer.

xxxii. 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

 PURCHASE ENQUIRY
Important 2: For Bidding related issues, please call NIC Help Desk Number:

0120-4200 462, 4001 002, 4001 005, 6277 787

For bidders registration or Bid submission Procedure is also available “Bidder Manual Kit” in

https://etenders.gov.in/eprocure/app

1.3 Bid Extension Provision on CPP: There is provision of auto extension of tenders in CPP portal. In case
of insufficient offers received against any tender, the tender will be auto extended. The criteria of
auto extension will be as under:

Iteration No. Bid Opening Date If total numbers of Bids received is 2 or less
1 On Bid Submission End Date due date extended by 03 days
due date extended by another 05
2 On First Extended Due Date days
3 On Second Extended Due Date Tender will be opened

Please Note:

1) If no bid is received till third iteration, tender will be scrapped automatically.

2) If 3 bids or more are received at any iteration, tender will be opened.
3) For Single tender, system will execute auto extension only if no bid is received
4) For Limited tender, system will execute auto extension if the minimum number of required bids is
not received.

D) SPECIAL TERMS & CONDITIONS:

1. PERFORMANCE GUARANTEE: Maximum warranty/guarantee has to be furnished by the party for

the offered items.

2. The materials should be strictly as per the specification, material thickness, weight and drawing .
The Materials supplied should be one to one replacement and there will be no fitment problem/
interchangeability.
3. Inspection will be done only after receipt of material at HCL/MCP Central stores.
4. The supplied grill should be painted with primer and two coats of premium quality Paint (gray /
brown).

E) GENERAL TERMS & CONDITIONS:

1. EARNEST MONEY DEPOSIT (EMD):

You have to submit an amount of Rs.9,000.00 –(Nine Thousand Only) towards EMD 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:

IFSC Code: SBIN0004510

 PURCHASE ENQUIRY
A/C Type: Current Account

A/C No.: 11290757078

A/C Name: Hindustan Copper Limited

In case of non-receipt of EMD amount before due date of opening the on line offers will not be
opened. The Earnest Money so deposited shall not bear any interest. No adjustment, of any
pending amount / EMD whatsoever, against EMD will be made.

The followings are exempted from submission of EMD against submission of valid documentary
evidence:

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

 Micro and Small Enterprises registered with MSME Udyogaadhar Memorandum (UAM),
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
up to the extent of their monetary limit. 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.
 Original Equipment Manufacturers (OEMs)

1.1 EMD is not acceptable in any other form. However, in case the EMD amount is more than Rs. 5.00
Lakh and in case of foreign bidders in GTE tenders, tenderer may submit EMD in the form of a
Bank Guarantee (BG), issued/confirmed from any Schedule Commercial Bank in India as per HCL’s
Format enclosed with the bidding document. Tenderer has to upload copy of BG on CPP portal.
The hard copy of BG towards EMD should reach to our office within 10 days from the bid opening.
1.2 The EMD should normally remain valid for a period of 45 (Forty Five) days beyond the final bid
validity period.
1.3 A bidder’s EMD will be forfeited if the bidder withdraws or amends its tender or impairs or
derogates from the tender in any respect within the period of validity of the tender or if the
successful bidder fails to furnish the required Performance Security within the specified period or
execute the order in full.
1.4 EMD of the unsuccessful bidders should be returned to them at the earliest after expiry of the
final bid validity period and latest by the 15th day after award of the contract. EMD should be
refunded to the successful bidders on receipt of Performance Security or execution of PO. In case
of discharge of tenders or for bidders, who are disqualified during processing of the bid, EMD is to
be refunded (in case there is no forfeiture as per Para 1.3) within 7 days of such decision.

2. PLEASE PROVIDE HSN CODE FOR ALL YOUR OFFERED ITEMS ALONGWITH YOUR OFFER.
3. PLEASE PROVIDE GSTIN NUMBER IN YOUR OFFER.

4. RATE / PRICE:-

The price shall remain FIRM, FIXED and binding till complete execution of ordered quantity. Price
quoted should be on FOR destination basis i.e. MCP / Central Stores. The price should be quoted
on CPP Portal on uploaded BOQ only. Please give the break up the rates such as basic rate, packing
& forwarding, GST Tax in the given format, freight charges, insurance, etc. Rate of discount if any
to be indicated clearly in your offer.
 PURCHASE ENQUIRY
For tender evaluation in addition to price the following factors will be considered, if deviations are
found from NIT terms, for determining the lowest evaluated tender:

a. If offered payment term is different than the NIT term then commercial loading will be done as
per rule mentioned under:
1% per month (whenever parties have quoted 100% through bank/advance against our
standard payment terms of 100% after receipt and acceptance of materials within 30 days.)
In case of payment through bank, loading for a period of 30 days and in case of advance
payment along with PO, the loading for the delivery period plus 30 days, will be taken.
In case of 90% through bank, and balance 10% within 30 days after receipt and acceptance of
materials, loading factor will be 1.0X0.9=0.9%. Accordingly, for other payment terms loading
factors will be calculated.

b. If offered Price Basis is different than the FOR- Destination, freight & insurance loading will be
done as under:
Freight within 300 KMs : 2%
Freight 300 KMs to 500 KMs : 3%
Freight 500 Kms to 1000 Kms : 4%
Freight above 1000 Kms : 5%
Insurance : 0.25%

(Note: In case supplies of materials is on weight basis e.g. bulk chemicals, steel, gases, other
volumetric stores, etc, the loading on the basis of the actual freight as per transportation
contract shall be done. However, percentage loading will be limited to full truck / trailer load
rate for each truck load. The above distances will be based on shortest route.)

Loading procedure:
Basic Price
Packing & Forwarding charges (if any, on basic price only)
GST on (Basic + P&F)
Freight on (Basic + P&F+GST)
Insurance on (Basic + P&F+GST)
Payment Term Loading on (Basic + P&F +GST)

5. DELIVERY:

You shall indicate the least possible time required for supply of the ordered material in your offer.
The ordered material can be procured on phased delivery manner basis as per our requirement.
Hence, supply of material shall be as per terms & conditions of the contract & against our delivery
advices issued by us from time to time.

DELIVERY: Material is to be supplied in TWO LOTS

A. First Lot 50% Qty .within 2 MONTHS from the date of placement of order (CONSISTING OF
30 NO TYPE A AND 30 NOS TYPE B ) and
B. 2nd lot of 50 % Qty --- 3 months from the supply of 1 st lot( CONSISTING OF 30 NO TYPE A
AND 30 NOS TYPE B )
In case the supplied lot is not having ( 30 NO TYPE A AND 30 NOS TYPE B ) ,the lot will not be
accepted .
 PURCHASE ENQUIRY

6. PAYMENT:

The company shall release the payment due to the supplier electronically. The e-payment facility is
available under INTERNET mode through SBI. The supplier shall submit duly filled Bank Mandate
form in duplicate with due authentication from their banker to avail e-payment facility. The
prescribed Mandate form is enclosed. Payment will be released within 30 days after receipt &
acceptance of material at our site on submission of all desired documents, PBG & SD as per NIT.

7. VARIATION OF QUANTITIES AT THE TIME OF AWARD:

The tendered quantity can be increased or decreased by 10% for ordering, if so warranted,
depending upon the ground conditions at the time of award of contract.

8. PENALTY FOR LATE/NON DELIVERY & RISK PURCHASE:

a. Time is the essence of the contract, In the event of goods not delivered to MCP on or before the
date of delivery mentioned in the order, the supplier shall liable to pay to HCL, MCP a sum
equivalent to 0.5 (half) per cent of the prices of any portion of stores delivered late, for each week
or part thereof of delay. The total damages shall not exceed 10 (ten) per cent of the value of
delayed goods. The LD cannot exceed the amount stipulated in the contract. In contracts governed
by any type of variation like PVC, LDs will be applicable on the price as varied by the operation of
the PVC.
b. If the supplier fails to perform satisfactorily as per contractual delivery terms and obligations,
HCL, MCP may with prior intimation to the supplier, cancel the contract including part quantities
and purchase the goods elsewhere. In such an event the supplier shall pay to HCL, MCP on demand
any loss, HCL, MCP may suffer, thereby including the difference between the cost of purchasing the
goods from elsewhere and contract price under similar contractual terms.

9. INSPECTION, CHECKING/TESTING:
The goods quality and workmanship covered by the order can be subject to inspection and any
time prior to shipment but will in any case be subject to final inspection within a reasonable time
after arrival at the place of delivery. The goods supplied should be of best quality, workmanship to
the entire satisfaction of HCL, MCP.

10. REJECTION AND REMOVAL OF REJECTED GOODS:

If inspection reveals that the goods do not comply with the requirement of HCL, MCP these shall be
rejected. The rejected goods will have to be collected by the supplier at his own cost as early as
possible on receipt of rejection advice from HCL, MCP. The rejected goods shall be lying at the risk
and cost of the supplier at our end. HCL, MCP reserves the right to impose ground rent at its
discretion, if goods are not removed within the reasonable time.

11. OPTION CLAUSE:

The purchaser reserves the right to increase/decrease the ordered quantity by up to 25% at any
time at the same rates and terms & conditions, till final delivery date (or the extended delivery
date of the contract), by giving reasonable notice even though the quantity ordered initially has
been supplied in full before the last date of delivery period (or the extended delivery period).

12. DENIAL CLAUSE:

Any increase in statutory duties and/or upward rise in prices due to the PVC clause are to be borne
by the supplier/contractor during the extended delivery period, while HCL/MCP reserves his right
to get any benefit of a downward revisions in statutory duties, PVC and foreign exchange rate.

13. RIGHT OF ACCEPTANCE:

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The purchaser does not bind himself to accept the lowest or any other tender and reserves the
right of accepting the whole or any part of the tender or portion of the quantity offered. Purchaser
further reserves the right to place repeat order on the same terms & conditions for additional
quantity up to 50% of the originally ordered quantity. However, repeat order will be placed only
for such quantity, which, along with the quantity for which Option clause may have already been
exercised, does not result in the total quantity under the Option clause and the Repeat Order
exceeding 50% of the originally ordered quantity.

14. RECOVERY OF SUMS DUE:

Whenever any claim against the supplier for payment of any sum of money arises out of or under
the contract HCL, MCP Malanjkhand shall be entitled to recover such sums from any sum when due
or which at any time thereafter may become due from the supplier under this or any other
contract with HCL and should this sum be not sufficient to cover the recoverable amount, the
supplier shall pay to HCL, MCP Malanjkhand on demand the balance remaining due immediately.

15. RISK PURCHSE: The supply of the all the ordered materials must be completed to the entire
satisfaction of the purchaser within the specified period failing which the purchaser reserves the
right to purchase the materials from other sources at the supplier’s cost and risk in addition to the
penalty stipulated as per LD Clause.

16. BREACH OF CONTRACT, REMEDIES AND TERMINATION:

In case the contractor is unable to honour important stipulations of the contract, or gives a notice
of his inability to honour such a stipulation, a breach of contract is said to have occurred. As soon
as a breach of contract is noticed, a show-cause notice should be issued to the contractor reserving
the right to implement contractual remedies. If there is an unsatisfactory resolution, remedial
action may be taken immediately. The competent authority may terminate a contract in the
following cases:

16.1 Cancellation of Contract for Default:

Without prejudice to any other remedy for breach of contract, such as removal from the list of
registered supplier, by written notice of default sent to the supplier, the contract may be
terminated in whole or in part:
c. If the supplier/contractor fails to deliver any or all of the stores or fails to perform the
contracted work within the time period(s) specified in the contract, or any extension thereof
granted; and
ii) If the supplier/contractor fails to perform any other obligation under the contract within the
period specified in the contract or any extension thereof granted.
iii) If the contract is terminated in whole or in part, recourse may be taken to any one or more of
the following actions:

a) Forfeiture of performance security;

b) Invocation of risk purchase as per terms of the contract; and
c) However, the supplier/contractor shall continue to 11ulfil the contract to the extent not
terminated.

16.2 Termination of Contract for Insolvency:

If the supplier/contractor becomes bankrupt or becomes otherwise insolvent or undergoes
liquidation or loses substantially the technical or financial capability (based on which he was
selected for award of contract), at any time, the contract may be terminated, by giving a written
notice to the supplier, without compensation to the supplier/contractor, provided that such
 PURCHASE ENQUIRY
termination will not prejudice or affect any right of action or remedy which has accrued or will
accrue thereafter to Procuring Entity.

16.3 Termination due to events of default:

If HCL decides to terminate this Contract, it shall in the first instance issue Preliminary Notice to the
contractor. 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 any Security, if subsisting.
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 Security, if subsisting.

16.4 Termination:
HCL/MCP reserves its absolute right to terminate this contract or part thereof at any time without
assigning any reason thereof and the party will have no claim whatsoever.

17. AMICABLE RESOLUTION:

17.1 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 (17.2) below.
17.2 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
(17.3) below.
17.3 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.

18. ARBITRATION: Any dispute(s) or 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.

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 Ltd (HCL), who,
according to the 2015 Act, will not stand in conflict of interest with any of the organizations. A
declaration to the 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
 PURCHASE ENQUIRY
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 Kolkata 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 the jurisdiction
of the Court of the District – Balaghat, Madhya Pradesh.

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.

19. NO ASSIGNMENT: The order when placed shall not be assigned to any other agency by the
supplier.

20. POLICY FOR MSEs UNDER PUBLIC PROCUREMENT BILL 2012:

Those MSEs which are 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 are eligible for availing benefits under the Public Procurement Policy.

In tender, participating MSEs quoting price within band of L1+15% shall also be allowed to supply a
portion of requirement by bringing down their price to L1 price in a situation where L1 price is from
someone other than an MSE. Such MSEs shall be allowed to supply up to 25% of total tendered
value. In case of more than one such MSE, the supply will be shared proportionately. Policy is
meant for procurement of only goods produced and services rendered by MSEs.

Within this 25 (Twenty Five) per cent quantity, a purchase preference of 4 (Four) per cent is
reserved for MSEs owned by Schedule Caste (SC)/Schedule Tribe (ST) entrepreneurs (if they
participate in the tender process and match the L-1 price). Provided that, in the event of failure of
such SC/ST MSE to participate in the tender process or meet tender requirements and L-1 price, 4
(Four) per cent sub-target shall be met from other MSE. MSEs would be treated as owned by SC/ST
entrepreneurs:
i)In case of proprietary MSE, proprietor(s) shall be SC/ST
ii) In case of partnership MSE, the SC/ST partners shall be holding at least 51% (Fifty One per cent)
shares in the unit
iii) In case of Private Limited Companies, at least 51% (Fifty One per cent) share shall be held by
SC/ST promoters.
MSEs participating against the tender should submit the necessary documentary evidence for
availing the facility of the policy. The MSEs owned by SC/ST has to submit caste certificate issued
by competent authority along with the offer.
FACILITY FOR MSME PARTICIPANTS
a) 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]
b) The condition of prior turnover and prior experience shall be relaxed for Start-up Medium
Enterprises [whether MSEs or otherwise] subject to meeting of quality and technical specifications
 PURCHASE ENQUIRY
of the tender.
c) Declaration of UAM number by MSME bidders on CPP portal is mandatory, failing which such
bidders will not be able to enjoy the benefits as per the Public Procurement Policy for MSME
order,2012
d) We are registered for Trade Receivable Discounting System (TreDS) with A.TREDS LTD.
(www.invoicemart.com) for Invoice Discounting of Micro Small & Medium Enterprises (MSMEs).
For further details please contact to:
Mr. Rudra Prasad Nag:- Email: rudra.nag@invoicemart.com, Ph: +91 8232988780

21. Preference to Make In India products (For bids < 200 Crore):Preference shall be given to Class 1
local supplier as defined in public procurement (Preference to Make in India), Order 2017 as
amended from time to time and its subsequent Orders/Notifications issued by concerned Nodal
Ministry for specific Goods/Products. The minimum local content to qualify as a Class 1 local
supplier is denoted in the bid document. If the bidder wants to avail the Purchase preference, the
bidder must upload a certificate from the OEM regarding the percentage of the local content and
the details of locations at which the local value addition is made along with their bid, failing which
no purchase preference shall be granted. In case the bid value is more than Rs 10 Crore, the
declaration relating to percentage of local content shall be certified by the statutory auditor or cost
auditor, if the OEM is a company and by a practicing cost accountant or a chartered accountant for
OEMs other than companies as per the Public Procurement (preference to Make-in -India) order
2017 dated 04.06.2020. Only Class-I and Class-II Local suppliers as per MII order dated 4.6.2020 will
be eligible to bid. Non - Local suppliers as per MII order dated 04.06.2020 are not eligible to
participate. However, eligible micro and small enterprises will be allowed to participate .In case
Buyer has selected Purchase preference to Micro and Small Enterprises clause in the bid, the same
will get precedence over this clause.
22. The offers of the parties other than OEM with alternate part no. have to confirm that the item
quoted are one to one replacement and the part no. mentioned in their offer is superseded part
number.
23. In case of imported items, party has to submit photocopy of import documents which contains Bill
of Lading/ Air Way Bill /Packing List & Bill of entry along with the consignment, in support of supply
of genuine imported spares for individual item valuing more than Rs. 1 lakh. Without which
material will not be acceptable.
24. The offers of the parties whose supplied items (indented) are under trials will not be considered till
the performance is established.
25. HCL reserves the right to reject any or all tenders entirely at their sole discretion without assigning
any reason thereof and also reserves the right to place order in part or full on different suppliers.
26. PLEASE MENTION YOUR E-MAIL ADDRESS IN YOUR OFFER WHICH IS ESSENTIAL FOR E-PAYMENT.
27. VALIDITY: Your offer should be valid for a period of 120 days from the date of opening of tender.
28. The Corrigendum, if any shall be given only at our website www.hindustancopper.com”
29. FORCE MAJEURE: 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 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
 PURCHASE ENQUIRY
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.
30. 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.
31. Party who have down-loaded the tender from WEB SITE may depute their representative to collect
the related drawing from us.
32. We do not consider late/delayed offers and shall not be responsible for any postal delays/loss.
Similarly fax / email offers are not considered. The company has the right to reject any or all the
tenders received in part or full without assigning any reason thereof.
33. The company has the right to cancel the enquiry or extend the due date of receipt of quotation
without assigning any reason thereof.
34. Tenders must be submitted up to 1500 Hrs. on the due date of opening. Techno-commercial bid
(Part- I) will be opened as per schedule thereafter in the presence of party’s representative, who
may wish to attend the tender opening. Part-II bids of those tenderers whose Part-I bids are found
in order will only be opened.
35. This is an ENQUIRY and must not be treated as an ORDER.
36. Where counter Terms and condition have been offered by the Supplier the Purchaser shall not be
governed by them unless specific acceptance has been given in writing in the order by the
purchaser.
37. The quotation should be complete in all respect, full particulars of ISS. If any, descriptive literature
& drawing should be forwarded along with quotation. The make of the items offered should be
clearly specified. Material should be offered strictly confirming to our specification. The deviations
if any should be clearly indicated in the quotations. Samples should be forwarded, when asked for
along with the quotations.
38. Packing: The materials should be securely packed and properly marked to avoid loss or damage in
transit by Rail/Road/Air Imported spares must be supplied in original packing as far as possible.
39. In case the materials offered are covered by DGS&D Rate contract, the price should be as per RC
and a copy of RC should be enclosed to the offer. In case the materials are not covered by RC. You
may please certify in your quotation that the rate quoted by you are the same which your charge
for DGS&D and other Government Dept’s/Undertakings.
40. Late/delayed/unsolicited offers will be rejected.
41. TENDERERS MAY BE PRESENT AT THE TIME OF OPENING IF THEY SO DESIRE.
42. Confirm the make/brand of the items that will be quoted by you and also confirm whether
manufacturer’s Test Certificate will be given by you.
43. WE REQUEST YOU TO RESPOND TO THIS ENQUIRY WITHOUT FAIL IN CASE YOU ARE NOT IN A
POSITION TO SUBMIT YOUR OFFER YOU ARE REQUESTED TO AT LEAST SEND YOUR REGRET LETTER
IF NO RESPONSE IS RECEIVED YOUR NAME IS LIABLE TO BE DELETED FROM OUR MAILING LIST.
44. IF OFFER IS GIVEN FOR MORE THAN ONE MAKE FOR THE SAME ITEM, RATE FOR EACH MAKE
SHOULD BE INDICATED SEPARATELY.
45. If offer is submitted for imported make, it should be clearly indicated the country of origin for each
make/brand separately.
46. JURISDICTION: All disputes arising out of this purchase order shall come under the sole jurisdiction
of the district court of Balaghat (Madhya-Pradesh)-India.
 PURCHASE ENQUIRY

Encl : 1. Check List: Annexure ‘A’

2. Bank Mandate Form.
3. Formats for submission of BG against EMD
4. Format for submission of BG for Security Deposit/PBG

For & On Behalf of Hindustan Copper Limited

(Malanjkhand Copper Project)

Dy. Gen. Mgr. (Materials & Contracts)

Note: Check List / Bank Mandate Form / Formats for submission of BG against EMD / SD / Performance
can be accessed on our website :www.hindustancopper.com by clicking on the relevant Tender No.
 PURCHASE ENQUIRY

ANNEXURE – ‘A’ CHECK LIST

(To be filled in, signed & stamped and submitted online on CPP portal)

General:
1.0 a) Name & registered address

b) Whether manufacturer or not. Yes/No

c) Status (i.e. Public / Pvt. Ltd. Co./Partnership/etc)

Specification:-
2.0 Whether material is quoted as per specifications given in Yes/No
our NIT.

Pre-qualification criteria:-
3.0 Whether documentary evidences as required under Yes/No
pre-qualification criteria are submitted or not.

4.0
Special terms and conditions:

4.1
Whether Guarantee/Warranty clause is acceptable
Yes/No/NA

4.2
Whether PBG clause is acceptable or not
Yes/No/NA

4.3
Whether SD clause is acceptable or not
Yes/No/NA

4.4
Whether other conditions, if any, mentioned in Special
Terms & Conditions are acceptable or not Yes/No/NA

General terms and conditions:

5.0

Whether Earnest Money Deposit clause is acceptable or

not.
5.1 Yes/No
 PURCHASE ENQUIRY

5.2 Whether provide Cenvatable invoice or not. Yes/No

5.3 Whether Prices quoted are on FOR destination basis with Yes/No
break-up and Firm & Fixed or not

5.4 Whether 30 days credit payment term as per NIT is Yes/No

acceptable or not.

5.5 Whether penalty for late/non delivery clause is Yes/No

acceptable or not.

5.6 Whether Inspection clause is acceptable or not. Yes/No

5.7 Whether Rejection and Removal of Rejected Goods Yes/No

clause is acceptable or not.

5.8 Whether Option Clause is acceptable or not Yes/No

5.9 Whether Denial Clause is acceptable or not Yes/No

5.10 Whether Right of Acceptance clause is acceptable or not Yes/No

5.11 Whether validity of offer for 120 days is acceptable Yes/No

5.12 Whether Recovery of Sums Due clause is acceptable or Yes/No

not.

5.13 Whether Risk Purchase clause is acceptable or not. Yes/No

 PURCHASE ENQUIRY
5.14 Whether Breach of Contract clause is acceptable or not Yes/No

5.15 Whether Amicable Resolution Clause is acceptable or not Yes/No

5.16 Whether Arbitration clause is acceptable or not. Yes/No

5.17 Whether Force Majeure clause is acceptable or not. Yes/No

5.18 Whether Jurisdiction clause is acceptable or not. Yes/No

6.0
Deviation, if any. (List to be furnished in your
Techno-commercial, Part-I Offer)

7.0 Bankers Name : Please provide your bank details for

payment by electronic fund transfer at your Bank Account
by RTGS, our enclosed Bank Mandate form to be
submitted after verifying fro your banker and with your
seal & signature with a copy of closed cheque.

Whether
1. submitted following documents/information
online on CPP Portal?

 HCL’s tender document duly signed and stamped

as a token of bidder’s acceptance of all the terms Yes/No
& conditions mentioned therein submitted
Yes/No
 Your GSTIN
 Sales tax registration copy. Yes/No
 Scan copy of EMD amount/Necessary
documentary evidence towards EMD exemption Yes/No
as per clause
 Documentary evidence required in the Yes/No
pre-qualification criteria and Terms & conditions
of the NIT.

SIGNATURE OF TENDERER WITH

NAME, DESIGNATION & OFFICIAL STAMP.

To be submitted in Duplicate
 PURCHASE ENQUIRY
MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET
To
Hindustan Copper Limited,
Malanjkhand Copper Project
PO: Malanjkhand – 481116
Dist. : Balaghat ( M.P)INDIA

Dear Sir,
Sub: Authorization for release of payment due from Hindustan Copper Limited, Malanjkhand Copper Project, henceforth
through Electronic fund transfer by Internet Mode.
(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…………..

E-mail Id:……………………………..

Permanent Account Number:……………………………………..

3. Particulars of Bank:

Bank Name Branch Name

Branch Place Branch City

Pin Code Branch Code

Account Type Savings Current Cash Credit

Account Number(as appearing in the Cheque Book)

RTGS / IFSC Code

Please attach Xerox Copy of a cheque of your bank for ensuring accuracy of the bank name, branch name and code number
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
Internet.
Place:

Date: 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)

 PURCHASE ENQUIRY
Bank guarantee format for Performance Guarantee

(To be stamped in accordance with Stamp Act

If any, of the Country of the issuing Bank)

Bank Guarantee No………….

Date……………………..
To
*Purchaser’s Name & Address+

Dear Sirs,
In consideration of the… *Purchaser’s Name+…..(Hereinafter referred to as the ‘Purchaser’ which expression shall unless repugnant
to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s….*Contractor’s
Name+……………….with its Registered/Head Office at……………….(Hereinafter referred to as the ‘Contractor’. Which expression shall
unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by
issue of Purchaser’s Purchase Order No………dated……and the same having been acknowledged by the contractor,
for………..(Contract sum in figures and words+ for………*Name of the work+ and the Contractor having agreed to provide a Contract
Performance Guarantee for the faithful performance of the entire Contract equivalent to 10% (*)…………of the said basic value of
the aforesaid work under the Purchase Order.

We…………*Name & Address of the Bank+………….having its Head Office at…………….(hereinafter referred to as the ‘Bank’, which
expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators, executors and assigns)
do hereby guarantee and undertake to pay the Purchaser’s on demand any and all monies payable by the Contractor to the extent
of……….(*) as aforesaid at any time up to…….(@)………..*days/month/year+ without any demur, reservation, contest, recourse or
protest and/or without any reference to the Contractor. Any such demand made by the Purchaser’s on the Bank shall be
conclusive and binding notwithstanding any difference between the Purchaser’s and the Contractor or any dispute pending before
any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency
without previous consent of the Purchaser’s and further agrees that the guarantees herein contained shall continue to be
enforceable till the Purchaser discharges this guarantee or till….*days/month/year+ whichever is earlier.

The Purchaser shall have the fullest liberty, without affecting in any way the liability of the Bank under this guarantee, from time to
time to extend the time for performance of the Contract by the Contractor. The Purchaser shall have the fullest liberty, without
affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might
have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce
any covenants, contained or implied, in the Contract between the Purchaser and the Contractor or any other course or remedy or
security available to the Purchaser. The Bank shall not be released of its obligation under these presents by any exercise by the
Purchaser of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance of
other acts of omission or commission on part of the Purchaser’s or any other indulgence shown by the Purchaser or by any other
matter or thing whatsoever which under law would, but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Purchaser at its option shall be entitled to enforce this Guarantee against the Bank as a principal
debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the
Purchaser may have in relation to the Contractor’s liabilities.
i) Our liability under this Bank Guarantee shall not exceed Rs……………..
ii) This Bank Guarantee shall be valid up to and including……………………..
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if Purchaser serve
upon Bank a written claim or demand on or before…..@...........

Dated this…………………Day of………….2016………………at………………….

WITNESSES:
Signature…………….. Signature…………………
Name……………………. Name……………………..
Official Address……………………… Official Address………….
Designation…………………………….

Bank’s Common
Signature Not
Seal……….
Verified
Attorney
Digitally signed as per MINJ
by MEXAN Power of
Date: 2022.02.02 09:38:54 IST
Attorney
Signature………………………………… Location: eProcurement System for Central
Name……………………………………… PSUs
No…………………………..
Address…………………………………….