TENDER DOCUMENT FOR APPOINTMENT OF …

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CA tender at Jaipur-2014

TENDER DOCUMENT

FOR

APPOINTMENT OF

CONSIGNMENT AGENT

AT

JAIPUR

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INDEXSlNo TENDER DOCUMENT

PageNo

1 Tender Notice 32 Invitation to Tender 4-93 Instructions to Tenderers 10-314 Application for appointment of Consignment Agency (TENDER FORM) 32-355 Terms & Conditions of CA Contract 36-616 Schedule of Operations & Rates 62-637 Annexure - I - Draft Bank Guarantees to Cover Shortage 64-658 Annexure - IA - Draft Bank Guarantee for Security of Materials 66-679 Annexure - IB - Draft Bank Guarantee for Performance 68-6910 Annexure - IC - Draft Bank Guarantee for Security of Materials for Dunnage 70-7211 Annexure - II - Draft Custody & Indemnity Bond 73-7412 Annexure - IIA - Proforma for furnishing List of Cranes & Equipments 7513 Annexure - IIB - Proforma for Agreement for Leasing/Hiring of Cranes/Trucks/Trailors 76-7714 Annexure - IIC - Proforma for Banker Certificate 78

15 Annexure - IID - Proforma for undertaking on exclusivity of equipment / vehicles duringthe deployment 79

16 Annexure - III - Proforma for No-Claim Certificate 8017 Annexure - IV - Proforma for Contract to be signed 81-8318 Annexure - V - Proforma of Agreement for Lease / Sub-lease of Land 84-8619 Annexure - VI - Proforma for Undertaking for Submission of Conversion Certificate 8720 Annexure - VII - Proforma for Letter of Intent 8821 Annexure - VIII - Proforma for Letter of Compliance of Contract Formalities 8922 Annexure - IX - Proforma for Letter of Intimation 9023 Annexure - X - Proforma for Work Order 9124 Annexure - XI - Proforma for Performance Evaluation of CA 92-9425 Annexure - XII - Proforma for Undertaking on Performance Record 9526 Annexure - XIII - Procedure for Quarterly Verification of Weighbridge 96-98

27 Annexure - XIV - Proforma for Undertaking on Display / Inspection & Replacement ofCranes 99

28 Annexure - XV - Proforma for Undertaking on free for deployment of cranes andequipments 100

29 Annexure - XVI - Proforma for Undertaking on furnishing of the List of Cranes &Equipments 101

30 Annexure - XVII - Guidelines on Banning of Business Dealings 102-11031 Annexure – XVIII - Proforma for Integrity Pact 111-11532 Format- I – Damage to material in received condition 11633 Format- II – Damage Notice during storage & delivery operation 11734 Format- III – Register for recording Damage to material 11835 Format- IV – Joint Inspection Report on Damage to material 11936 Format- V – Consolidated Monthly Joint Inspection Report on Damage to material 12037 Format- VI – Monthly Report on Damage to material 12138 Handling & Storage Guidelines 12239 Stacking Plan 12340 Stacking Methods 124-125

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CMO, SAIL is an ISO-9001:2000 certified Organization

Steel Authority of India Limited(A Government of India Enterprises)

Central Marketing OrganisationBranch Sales Office

Landmark, 4th Floor, S-16-A, Mahavir MargOpposite Gujrati Samaj, C-Scheme

Jaipur – 302001

Tender No: CA tender at Jaipur-2014 Date: 21-07-2014

Tender notice for Appointment of Consignment Agent at Jaipur(Press Advertisement)

1. Sealed tenders are invited in prescribed form by SAIL from resourcefulperson(s) / firm(s) / Company / companies for operating Consignment AgencyYard at Jaipur.

2. Tender documents along with all other terms and conditions can be obtainedfrom Branch Sales Office, SAIL, Jaipur – 302001 on payment of ` 10000/- (tenthousands only) (non refundable) in cash between 10 AM to 3 PM on anyworking day up to 05-08-2014.

3. The pre-bid conference shall be held at SAIL/BSO/Jaipur on 14-08-2014 at 3:00PM.

4. The tender document should be submitted with necessary EMD in the office ofRegional Operations Manager at Steel Authority of India Limited, TheMetropolitan, 8th Floors, Bandra-Kurla Complex, Bandra (East), Mumbai-400051 up to 3 PM on 20-08-2014.

5. Tenders will be opened immediately thereafter in presence of such bidders, asmay be present.

6. The company reserves the right to accept or reject any one or all the tenderswithout assigning any reason whatsoever.

7. The Tender document is also displayed and may be down-loaded from SAILwebsite “www.sailtenders.co.in”. However, in case of downloaded tenderdocuments, the cost of tender form has to be deposited along with tender in themanner as prescribed in terms and conditions.

WAREHOUSE MANAGERJAIPUR

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STEEL AUTHORITY OF INDIA LTD(A Govt.of India Enterprise)

CENTRAL MARKETING ORGANISATIONBRANCH SALES OFFICE

JAIPUR

INVITATION TO TENDER

Messrs……………………………..………………………………………………………………………………

Dear Sirs :

Sub : Tender for appointment of a Consignment Agent at Jaipur for Transportation,handling and storage of Iron and Steel Materials

Ref : Your letter no. …………… dated ………………

1 Sealed tenders in prescribed proforma enclosed are invited from resourcefulpersons / firms / Companies for appointment of a Consignment Agent fortransportation, handling and storage of iron and steel materials at Jaipur

1 Eligibility of Tenderers

2.1 Financial Standing

1.1.1 The tenderer should be of sound financial standing and should provide acertificate from bankers based on their transaction either during the precedingthree years or since incorporation of the Company. In addition, the followingparticulars should also be a part of Banker’s certificate(Annexure-IIC) submittedby the tenderer –

a) Nature of account held & its account no. in the Bankb) Various Credit limits sanctioned and utilized individually.c) B/G and L/C limits and utilisation separatelyd) Bank’s Rating of the party

2.2 Performance Record

2.2.1 Tenderers whose contract was terminated due to misconduct and/or nonperformance or bad performance during last six years as on the date of openingof tender shall not be considered eligible. For this purpose, tenderers shall givean undertaking as per Annexure-XII that neither their firm / Company or any

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inter-connected agency was earlier terminated due to non performance or badperformance in any of the SAIL warehouse / Consignment Agency / plant / unitnor their firm / Company or inter-connected agency was banned / black listed bySAIL during the last six years as on the date of tender opening.

‘Inter-connected Agency’ shall mean two or more companies having any of thefollowing features:

a) If one is a subsidiary of the other.b) If the Director(s), Partner(s), Manager(s) or Representative(s) are

common;c) If management is common;d) If one owns or controls the other in any manner;

2.3. Infrastructure

2.3.1. Tenderer should also have in his possession (either on ownership or on longlease / sub-lease basis or possessory right) land measuring area of 7 acresminimum with provision of having a boundary wall and an office building / otherinfrastructural facilities as listed in the tender document. The land offered bythe tenderer for carrying out CA operation should satisfy the criteria in terms ofarea, shape, accessibility, maneuvering and parking of vehicles etc. asprescribed in clause no: 2.2 in Instructions to tenderers.

2.3.2. If the land offered is presently used for any purpose other than industrial andcommercial, the tenderer should submit along with his technical bid, anUndertaking (format of Undertaking is placed at Annexure-VI) indicating that heshall submit the clear permission from the appropriate authority, allowing its usefor the purpose of handling and warehousing of iron and steel within 60 daysfrom the date of issuance of Letter of Compliance of Contract Formalities.

(a) The successful tenderers shall have to create, if not already available,the necessary infrastructure facilities, like proper boundary wall , suitableoffice building, adequate and proper lighting arrangement in the CA Yardand a weighbridge as stipulated in the tender documents within 180 daysfrom the date of issuance of L.O.C ( Letter of Compliance of ContractFormalities), failing which the L.O.I ( Letter Of Intent) may be treated aswithdrawn / cancelled and the tenderers EMD stand forfeited. As far asweigh bridge installation within the Warehouses is concerned, thefollowing points shall be complied with by the tenderer, while submittingthe tender –

i) Wherever the weighbridges, other than Avery make, will beinstalled, it will be mandatory on the part of CAs to get theirweighbridges integrated with computerized system of SAIL withinthree months from the date of commencement of work and allexpenses thus incurred shall be to their account.

ii) The tenderers, in this regard, shall have to give a writtendeclaration while submitting the tender.

iii) In case the contractor fails to execute the same within threemonths from the date of commencement of work, SAIL shall have

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the right to get it done and the expenses thus incurred, shall berecovered from the contractor

iv) The CA will at his own cost and expense get the weighbridgestamped and verified as per Weights & Measures Act in force andalso get it calibrated as per extant guidelines of the company (asper procedures specified in Annexure XIII ). Further the CA willeither hold or arrange necessary test weights at his own cost andexpense for the said stamping, verification and calibrationpurpose.

(b) In case the land is on ownership basis, the tenderer will have to producean authenticated copy of Title Documents along with the tender. In casethe land is on lease hold basis, the same should be for a minimum periodof 8 years from the date of submission of the tender and the tenderershall produce the documents regarding his / their leasehold rightcovering the aforesaid period.

(c) The tenderer has to also submit along with the tender authenticated Titledeed / title documents in favour of the Lesser, in case possession of theland being offered is on lease / sub-lease hold basis.

(d) The successful tenderer shall have to submit a registered lease deedwithin 45 days from the date of Letter of Compliance, in case thepossession of the land is on the basis of a lease agreement, failing whichthe LOI may stand withdrawn and tenderer’s EMD stand forfeited.Further, tenderer shall be debarred from participating in re-tender(s).

(e) The Tenderer shall offer a piece of land measuring an area of 7 acresminimum which he must hold and possess either on ownership basis orunder registered lease deed for a period of at least 8 years from the dateof submission of his tender, or for a period of less than 1 years from thedate of submission of the tender but with the condition therein that incase his tender is accepted, the owner / lesser of the land shall demisethe land to the tenderer under registered lease / sub-lease deed for atenure covering the entire period of the contract plus 6 months, as performat enclosed at Annexure-V. Such land should be free from allencumbrances. Besides, the tenderer has to submit an undertaking thatthe validity of lease/sub-lease of land will be extended covering theextension period of the contract in case the tenure of the contract isextended.

(f) The land offered by the user Govt. Undertaking may be underpossessory right where no formal lease/ sub-lease agreement with theowner is available. A suitable letter from the owner addressed to the userGovt. Undertaking allowing them possession will be acceptable towardsPossessory Right being enjoyed by the user Govt. Undertaking.

(g) In case the tenderer offers more than one piece of land of required area,as specified in the tender document, separate price bids for each pieceof land offered shall be required to be submitted and the Company shallhave the option to select any one of such lands offered according to its

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suitability based on the criteria mentioned above and the decision of theCompany in this regard shall be final and binding upon the tenderer.

(h) Possession of land on tenancy basis will not be accepted.

(i) The decision of the Company as to the suitability of land shall be finaland binding upon the Tenderer.

(j) The tenderer may also submit an Agreement for Lease / Sub-lease(Format at Annexure-V) with the condition that in case the tender isaccepted, the owner / lessor of the land will give it to the tenderer on along lease basis, covering the entire period of contract plus six months.In such case, the tenderer has to submit along with the tender, notarizedcopy of the Title Deed of the Lessor / Title Documents, in favour of theLessor, in case the land being offered is on sub-lease hold basis. Thesuccessful tenderer shall submit registered lease deed for a periodcovering the entire period of contract plus six months within 45 days ofdate of issuance of LOC, failing which the LOI should be treated aswithdrawn and EMD shall stand forfeited.

2.4 Dealers or Stockists or any person or establishment engaged or associatedwith iron and steel trade / manufacturing, handling of heavy machinery /packaged break bulk cargo / full container load are eligible to quote against thistender subject to their fulfilling all other conditions regarding financial standing,past performance, infrastructural requirements.

2.5 Minimum Equipment Requirement

2.5.1 The tenderers shall be required to submit along with the tender, undertakingsas per Annexures -XIV and XVI with respect to cranes and equipments.However, only the successful bidder shall be required to furnish list of cranesand other equipments as stipulated in clause 2.5.1 of Instructions to tenderersalong with relevant documents and to display them for inspection and testing.The mobile cranes and other equipments may be owned by the successfulbidder or taken on hire/lease for the entire contract duration. All mobile cranesand equipments shall be in good health and proper working condition.

3.0 The total estimated quantities to be handled for the first year of operations asindicated hereunder would be considered only for the purpose of evaluation ofthe price bid by the Company. The same should not be construed as aguarantee of the actual quantity to be handled, as also clarified in the Termsand Conditions of Contract.

Total Estimated Receipt Quantity (by Rail) 1,30,000 MT

Total Estimated Receipt Quantity (by Road) 43,000 MT--------------------------------------------------------------------------------------------Total 1,73,000 MT

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4.0 Service Tax

4.1 The tenderer should be registered under the Service Tax Rules as provider ofConsignment Agency Service. In case the tenderer is not registered with theService Tax Authority, they shall submit an undertaking, at the time ofsubmission of the tender, stating that they would be registered with the ServiceTax / concerned Authority within 30 (thirty) days of Work order.

5.0 Tender documents:

5.1 For tender documents purchased from SAIL Office:- Tender documents,duly filled in and signed by a duly authorized person may be put in the tenderbox kept for the purpose in the office of Regional Operation Manager, SteelAuthority of India Limited, The Metropolitan, 8th Floor, Bandra-Kurla Complex,Bandra (East), Mumbai 400 051 latest by 3:00 PM on 20-08-2014. Tendersmust be submitted in two parts in two separate sealed covers (envelope markednos. 1 & 2) put inside one master cover (envelope marked no. 3). All theenvelopes should be superscribed “Tender for appointment of a ConsignmentAgent at Jaipur for transportation, handling and storage of iron and steelmaterials.

5.2 For tender documents downloaded from SAIL website: - The tenderer willsubmit the cost of downloaded tender documents in a separate envelope inaddition to envelopes marked nos. 1 & 2 as mentioned in clause 5.1 above andall the envelopes should be put inside one master cover (envelope marked asno.3). All the envelopes should be superscribed “Tender (downloaded fromSAIL Website) for appointment of a Consignment Agent at Jaipur fortransportation, handling and storage of iron and steel materials.”

5.3 A pre-bid conference will be organized on 14-08-2014 at 3:00 PM inSAIL/BSO/Jaipur.

5.4 By submitting a quotation the tenderer shall be deemed to have fullyfamiliarized himself with all requisite details including the quantity and type ofmaterials being handled / expected to be handled, as well as informationcontained in the enclosed Instructions to Tenderers including the Terms andConditions of the Consignment Agency Contract and have fully satisfied himself/ itself of his / its capabilities to undertake and perform the jobs to thesatisfaction of the company. Any alteration or modification or imposition orsuggestion in deviation to the terms and conditions prescribed by SAIL inTender Papers shall be ignored and such Tenders shall be considered asinvalid.

6.0 The tender shall be kept valid for a period of 90 days from the date of openingof Part I of the tender and any modification, variation, clarification made theretoby the tenderer during the above period shall be construed as withdrawal of thetender in which event the Company (SAIL) shall reject the Tender and forfeit theEMD without any reference to the tenderer.

7.0 In case tenderer is found to have resorted to corrupt, fraudulent practicesincluding misrepresentation of facts and/ or fudging / forging/ tampering of any of

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the documents submitted including tender documents downloaded from SAILwebsite and / or furnishing false declaration against this tender, the bid shall besummarily rejected and EMD forfeited. Besides, action shall be initiated againstthe tenderer for banning of business dealings as per the company (SAIL)stipulated guidelines.

8.0 Please note that by merely inviting you to submit the tender, there is absolutelyno commitment, implied or otherwise, at this stage from our side as to the awardof actual Contract and no correspondence in this regard will be entertained by us.Nor, SAIL shall be liable in any manner whatsoever, for costs and expenses etc.incurred in responding to this Invitation.

9.0 The Company (SAIL) reserves the right to accept or reject any or all tenderswithout assigning any reason whatsoever.

Yours faithfully,For STEEL AUTHORITY OF INDIA LIMITED,

WAREHOUSE MANAGERJAIPUR

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INSTRUCTIONS TO TENDERERS

i) NATURE & SCOPE OF WORK :

1.1 Receipt

Iron & Steel materials will be despatched by SAIL to the Consignment AgencyWarehouse by the following modes:

1.1.1 By road to Consignment Agency yard directly from SAIL’s Steel Plants /designated Yard(s) Nodal Yards / Conversion Agents / Service Centres /Decoiling / Straightening Agents / Customer’s premises under quality complain(Transportation to be undertaken by transporter authorized by SAIL). TheConsignment Agent’s responsibility regarding custody of the materials starts themoment the vehicle / (s) enter the Consignment Agent’s premises.

1.1.2 By rail up to the Kanakpura Public Booking Point where materials will bereceived, unloaded and subsequently transported to the Consignment AgencyWarehouse.

1.1.3 By rail directly at the Consignment Agency Yard whenever Consignment Agentis having a private siding.

Note:1) For full details about the operations to be performed please refer to the

Terms and Conditions of contract.

2) In respect of the materials despatched by any person(s) other thanSAIL, the Consignment Agent will stack them separately in identifiedplace, duly earmarked by the Consignment Agent in this regard, to avoidmix up with SAIL materials. The Consignment Agent shall also display asignboard to indicate the name and other details of the Consignor ofthose materials.

1.2 Handling

1.2.1 The Consignment Agent will take delivery of all the consignments and stackthem in the CA Yard in an orderly manner as per the Stacking Plan, Handlingand Storage Guidelines issued by SAIL in this regard.

1.3 Stacking

1.3.1 All the Consignments received should be clearly identified and stacked truck /trailer-wise and suitable painting / marking indicating the quality and otherdetails will be provided on each stack / consignment as per the details given inthe Stock Transfer Delivery Challans / Consignment Advice. In case of latereceipt of Consignment Advice, the details will be provided on each stackimmediately after receipt of the same. SAIL shall provide 222 MT of rails60Kg/m (UT/IU/Defective) to the Consignment Agent for use as dunnage forstacking of SAIL’s materials in the warehouse. As Rails will be under the

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custody of the Consignment Agent during the entire tenure of the contract, theConsignment Agent shall furnish BG as per Annexure-IC of ` 1 Crore , forcovering the value of such rails during the contract period. Upon expiry of thecontract, the Consignment Agent shall handover the entire quantity of such railsto SAIL. In the event of any loss or shortage of rails, the CA shall make goodsuch loss by paying prevailing price at the time of expiry of the contract for suchloss or shortage of rails, failing which SAIL shall have the right to recover suchamount from the pending bills / BGs of the Consignment Agent in possession ofSAIL.

1.4 Delivery

1.4.1 The Consignment Agent shall weigh and load the Iron and Steel materials onthe Truck / Trailers placed by the Company / Company’s customers for thepurpose, only against and as per valid Sales Order(s)/ Stock Transfer Order (s)issued by the Company, and after taking due acknowledgement on the challansfor the materials actually delivered.

1.4.2 The Consignment Agent shall load Customers Trucks / Trailers for delivery, orarrange to despatch materials by Rail as per instructions of the Company, ifnecessary.

1.4.3 Loading of Trucks / Trailers placed by the Company / Company’s Customers atCA Yard will be done within the time allowed by the Company at theConsignment Agent’s premises irrespective of the number of Truck / Trailersplaced. The Consignment Agent shall be responsible for detention charges dueto his failure to make adequate arrangement for loading the vehicles within thetime allowed by the Company.

1.4.4. The Consignment Agent shall be fully responsible for wrong delivery, excessdelivery and delivery of material not as per Sales Order(s)/ Stock TransferOrder (s). The Company shall recover any amount towards loss / damage fromthe bill(s) of the Consignment Agent or in case of shortfall through encashmentof Bond(s).

1.4.5. The Consignment Agent shall take utmost care to avoid any mixing up at thetime of delivery with the goods belonging to other person(s), and shall be liableto compensate the Company for any wrong delivery to any other person(s)except SAIL’s nominated customer(s) as mentioned in 1.4.4

1.5 Damage to Material

1.5.1 The contractor shall be responsible for any damage caused to materials and toCompany’s property if it takes place in the course of handling operations.Assessment of damage to materials etc. shall be done by the WarehouseManager / ROM on regular basis and his decision in this regard shall be finaland binding on the contractors.

1.5.2 Recovery of amount toward damage to material : Consignment Agent shall beliable to pay 2 (two) percent value of the cost of material calculated on the basis

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of listed price of the material as on the date of inspection by multiplying thesame with the weight of piece / coil / packet as found damaged. Therecoverable amount towards damage caused to material due to negligence ofConsignment Agent and as certified by WHM shall be deducted from the nextHandling Bill payable to the contractor.

1.5.3 Intimation of damaged material received from Plants / other places :Consignment Agent shall be required to report any material received in bent /twisted / damaged condition from plant in the warehouse within 24 (Twenty four)hours from the time of receipt of material to Warehouse Manager in writingalong with photo-graphs of the material received in damaged condition. In caseof failure of Consignment Agent to report the same within stipulated time,contractor shall be held responsible for the same and amount as mentionedabove shall be deducted from his next Handling Bill.

1.5.4 If any materials are received in bent / twisted / defective condition, the sameshould be separately kept from the materials which are received in proper /good condition and kept in separate stacks. After inspection / certification bythe Warehouse Manager / Warehouse Executive, clear paint marking should bemade on such materials.

2. INFRASTRUCTURAL REQUIREMENTS

2.1 The tenderer shall offer a piece of land measuring an area of 7 acres minimum,for the purpose of handling & storage of iron and steel materials entrusted tohim by the Company, along with Office Building and other infrastructuralfacilities. The land shall have a clear title or Possessory Right where the user isa Govt.Undertaking only, or a long lease without any encumbrance, mortgageetc. Alternatively, the Tenderer may submit an agreement for lease (Format atAnnexure-V) in respect of such land with the condition that in case the tender isaccepted, the owner / lessor of the land shall give the land to the tenderer on along lease basis covering the entire period of contract plus six months. The landshould be developed & the infrastructures to be provided as mentioned inclause 2.2 and 2.4 of Instructions to tenderers. The decision of the Company asto the suitability of the land shall be final and binding upon the tenderer. In casethe above conditions are not complied with at the time of submission of tenderthe successful tenderer shall be required to provide the same within thestipulated period as indicated in the Letter of Compliance. In case, thesuccessful tenderer fails to develop all infrastructural facilities as per tenderterms, the company shall cancel Letter of Intent and EMD amount shall beforfeited without any further reference to the tenderer. Besides, he along withthe inter-connected agency shall be debarred from participating in re-tender(s).

2.1.1 Copy of the Title Deed as a proof of Ownership of the land in possession orLease / Sub-Lease Deed as a proof of leasehold right, over the land holding inpossession, as the case may be, together with copies of the certified copy of therecords of right, rent receipt in respect of the said land duly certified by NotaryPublic, are to be submitted along with the Tender. In case of lease-hold land,the Tenderer will also have to submit the Notarially attested copy of the TitleDeed of the Owner(s) / Parent lease-deed of the Lessor(s) at the time ofsubmission of the Tender. In case of Possessory Right holder, the user Govt.

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Undertaking may submit a suitable letter from the owner addressed to the userGovt. Undertaking allowing them possession will be acceptable towardsPossessory Right being enjoyed by the user Govt. Undertaking. In case anypermission is required for conversion of land due to its use for storage andhandling of iron and steel materials and / or for sub-leasing then necessarypermissions from the competent authority / owner of the land, as the case maybe, are also to be submitted along with the Tender.

2.1.2 In addition to the documents referred in Clause 2.1.1 above, a non-encumbrance certificate in respect of the said land offered by the Tenderer, tobe obtained preferably from a local Government Pleader is to be submittedalong with the Tender, on searching / inspection of the records of the localoffices of concerned Registrar and any other concerned Authority / Authoritiesfor a period not less than 12 years preceding the date of submission of Tenderto ascertain the valid title of the land free from all encumbrances. The Tenderershall produce the originals of all the aforesaid documents and any otherrelevant Deeds / documents as may be necessary as a proof of clear and validTitle / lease for verification, as would be called for, by the Company. Failure toproduce such original documents as and when called for would amount todisqualification.

2.2 The successful tenderer shall have to create, if already not available, thenecessary infrastructural facilities as below within 180 days of the date ofissuance of LOC, failing which the LOI may be treated as withdrawn/cancelled& the tenderer’s EMD stand forfeited:

(1) Detail of Land: -

a) Plot of Land: The plot of land should be developed if not already available duringoffer, into adequately & evenly levelled. The land offered shall not have anyoverhead transmission line laid across the plot. The plot of land should becapable of allowing free manoeuvring of heavy vehicles keeping materials stackundisturbed. It should have adequate fire fighting arrangements. The plot in itsfront should have enough free spaces for parking of minimum 4-5 nos. of loadedvehicles without encroaching the main road/highways.

b) Accessibility: Approach from main highway/main road to CA yard must behardstand with black pitching OR stone pitching OR cement blocked paved tobear the heavy vehicle traffic of trailors with load of suitable capacity.

c) Exclusivity: The plot offered should be entirely and for exclusive use of Handlingand Storage of SAIL steel products and / or as permitted by SAIL. The plot ofland should have an independent and exclusive entrance for SAIL.

d) Boundary and Gate: The plot should have a Brick or boulder rubble masonryboundary wall of at least 8 ft height & having min. 3 ft height barbed wire fencingabove the boundary wall. The entrance gate (MS Steel Gate) shall have properlocking arrangement and adequate width to accommodate the movement ofHeavy Motor Vehicles & machines e.g. Truck, Trailors & Cranes etc.

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e) Road inside warehouse: Road should be with black pitching OR cement blockpaved OR RCC flooring on levelled, compacted, hard stand with water boundmacadam of adequate height .

f) Cover shed: the cover shed of area approx 2000 Sq. Meters meant for keepingweather prone materials should be of sufficient height to allow easy manoeuvringof at least 20 MT capacity crane.

g) Stacking area: Levelled, compacted, hard stand with water bound macadam ofadequate height with or without black pitching to bear the stacking load.

h) Drainage system: The plot of land should have a good drainage to drain outwater at any point of time.

i) CCTV: “CCTV coverage is to be given at the following points:-1. Entry/Exit gates both Road & Rail (if any) with PTZ Night vision cameras.2. Weighbridge3. Entry to WH office/Invoicing section4. Warehouse within boundary wall for monitoring various activities of handlingwith 360° coverage.All the above CCTV cameras should be IP enabled for monitoring throughIntranet/Internet. All the cameras should be enabled for monitoring byWHM/Region with adequate storage capacity (min 7 days).At the end of storagelimit, data to be transferred to storage device , labelled & archived with referenceof period for future retrieval and handed over to the WHM. SAIL will supplyappropriate storage device to the contractor to save the recorded data of CCTVs.The supply, installation & maintenance of the above mentioned CCTV systemsshall be in the scope of CA.A proper maintenance contract for the CCTVs must be in place by the contractorso that it is ensured to have minimum down time. “

j) Stacking of material should be done in such a way that there is no damage tosteel material. All the material should be kept on dunnage (to be supplied bySAIL). At any point of time the material should not touch the ground.

k) Other basic amenities like office building, adequate drinking water facility,lavatory, customers’ lounge, a separate room for SAIL official should beprovided.

l) Environmental Requirement:- In Order to maintain philosophy and values ofSAIL , the contractor shall commit to a clean and sustainable environment inwarehouse during all the warehouse related activities.

(2) Electrical Infrastructure: -

a) Tower Light: Sufficient in nos. to cover entire yard with minimum illuminationlevel of 20 lux.

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b) Peripheral light: The CA premises should be provided with adequate and properPeripheral lighting arrangement for watch & ward during night.

c) DG Set: One (1no) DG set of sufficient capacity to withstand the load of tower /peripheral lights and office premises.

2.3 SAIL may, at its sole discretion, post 3-4 personnel in the CA yard and for whichthe consignment agent shall have to provide sitting space etc.

2.4 The tenderer should provide at his own cost necessary hardware as stipulatedherein

A] Hardware Requirement:

Item Configuration Nosrequired

PersonalComputer (PC)

Intel Core i5 or above 2.5 GHz or above 2 GB (DDR2) RAM (minimum) 250 GB Hard disk. 52x CD-RW drive /DVD combo, Keyboard,

Mouse, Network card 15 ‘’ colour Monitor etc. Pre-loaded with licensed copies of Window 8

and MS-Office soft ware (Preferred PC Brand HP/IBM/HCL)

5

Printer LaserJet printer (net workable) Preferred brand - HP 4

B] Software Requirement:

Licensed copies of Windows 8 Professional MS-Office -2010 Anti-virus softwares (Norton/symantec/Mcafee/Kaspersky)

C] Network requirement:

i) LAN: . All PCs including weighbridge PC to be interconnected by means of structured

CAT-5 UTP LAN cables properly laid through PVC conduits / channels etc. Other passive components viz I/O Box, port patch panel, patch cords etc. to be

installed of standard make. One no. 8 port switch (10/100 MBPS) ( D-Link make) to be provided for

connectivity. All the equipments viz. Patch Panel, switch etc. to be housed properly in a

Rack of size 4 U of standard make (VALRACK). Preferred brand for UTP LAN cable I/O Box, Patch Panel Patch cord etc -

Avaya/D-Link).

ii) WAN- CA will have to provide internet through wired Broad-band connection OR

sufficient number of data cards OR wireless (whichever is the bestperforming connectivity at at the location of the CA) through any service

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provider. The internet connectivity may be of minimum 2 MBPS speed. If SAIL is requested to and in case it is found feasible SAIL will provide

connectivity through WAN through MPLS of BSNL or any other serviceprovider ( registered with SAIL / working with SAIL), the charges (installation charges, if any as well as recurring charges) for the same willhave to be borne by the consignment agent.

The individual client machines will have to be loaded with SAP GUI. Theloading of SAP GUI and maintenance of the same would also be withinthe scope of consignment agent. All the machines have to be networkedthrough normal LAN.

D] Other Infrastructure:

The other infrastructure for the computerised operations like UPS of sufficientcapacity (5KVA – standard make), dust free AC environment and dedicatedcopper earthing shall be provided by the CA along with the required cablinginside the Computer Room.

2.5 Minimum Equipment Requirement

2.5.1 To efficiently handle the consignments in the CA Yard and clear the same, thefollowing minimum nos. of equipments should be provided :

SlNo

Type of equipment Capacity Total Nos. reqd.

1 Mobile Crane (As defined at clause 2.5.2below)

OEM NON-OEM

Total

40 MT & above 0 1 1

25 MT & above 1 2 3

20 MT & above 2 2 4

Pick & Carry Cranes (Hydra) 12 MT & above 1Total 9

2 Flat bed trailors 22 MT & above 53 Tools & Tackles Steel Wire ropes

and PolyesterSlings and Hooks(All tested as perBIS standard)

As per therequirement

2.5.2 The successful tenderer shall be required to deploy Mobile cranes (TyreMounted and Booms shall rotate by 3600 when the vehicle on which it ismounted is stationary) as per clause 2.5.1 from Original EquipmentManufacturer(OEM) and non-OEM. These OEM cranes shall not be more than7(seven) years old as on date of tender opening. Successful tenderer has theoption to deploy OEM cranes also in non-OEM category. The cranes andequipments may be owned by the successful tenderer or taken on hire/lease for

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the entire contract duration. All mobile cranes and equipments shall be in goodhealth and proper working condition.

2.5.3 By the term ‘OEM’:

a) It would mean the cranes manufactured by the Indigenous CraneManufacturers who are registered with appropriate authority formanufacture of cranes and duly registered with Excise Authorities.

iii) No assembled crane shall be considered as OEM cranes.

iv) It would also mean the deployment of imported cranes, duly registeredby RTO/India carrying therein the details of the overseas OriginalEquipment Manufacturer/year of manufacture and all other details asissued by RTOs.

2.5.4. Documents / undertakings required for cranes/equipments to be offered fordeployment by the tenderer:

2.5.4.1. The bidder(s) shall submit an undertaking as per Annexure-XVI along with theirtender that they shall submit list of all cranes and equipments(whether owned ortaken on lease/hired) as per Annexure-IIA along with a set of self attestedrelevant documents within 30 days from the date of letter of compliance. In theevent of failure to furnish the required list and relevant documents as per termsand conditions of the tender, Letter of Intent shall be cancelled and EMD of thesuccessful bidder shall be forfeited. Further, successful bidder shall be debarredalong with inter-connected agencies from participation in the re-tender. Thesuccessful bidder shall be required to submit following relevant documentsalong with the list:-

i) In case of indigenous OEM cranes, self-attested copy of theManufacturer’s Invoice / documents showing make, model, capacity, dateof manufacture, chassis number & excise registration details of cranemanufacturer to ascertain OEM status of crane and its age.

ii) Self-attested copy of Registration Certificates from RTO for all cranes andequipments

iii) Self-attested copy of Road Tax receipt / challan indicating that Road Taxhas been paid as per statute for all cranes and equipments up to the lastdate for submission of tender document.

iv) Self-attested copy of proof of insurance paid for all cranes and equipmentsupto the last date for submission of tender document.

v) In case of imported OEM cranes, self attested copy of the Manufacturer’sinvoice giving details of make,model,capacity and date of manufacture,date of shipment, shipping document/custom clearance document andwebsite details of crane manufacturer besides documents as mentioned at(ii),(iii), and (iv).

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vi) In case of mobile cranes and equipments taken on hire/lease for entiretenure of the contract, original copy along with photocopy of the hire/leaseagreement as per Annexure-IIB.

vii) An undertaking as per Annexure-XV that the cranes and equipmentsoffered for deployment against the tender shall be completely free fordeployment on the date of inspection / commencement of work.

2.5.4.2 The tenderer shall also submit along with the tender an undertaking in theprescribed format as enclosed at Annexure-XIV (to be typed on the bidder’sletter head & signed by authorized signatory) that the Inspection Report givenby the Company or agency appointed by the Company for inspection/testingof all cranes / other equipments before deployment shall be final and bindingon the bidder. Inspection would mean verification of engine number andchassis number as well as physical condition of all cranes and equipments.Testing would mean the safe working load of the cranes. In case, any non-OEM crane/OEM crane more than seven years old / equipment is not foundacceptable on inspection/testing, the same shall be replaced by thecrane/equipment of similar make / model / capacity within 3 days from thedate of Intimation for Replacement. In case of delay beyond 3 days, biddershall be liable to pay penalty of `10,000/- (Rupees Ten Thousand Only) percrane / equipment per day up to maximum delay of 7 (seven) days from thedate of intimation by SAIL. In case the replaced crane / equipment is notdisplayed at the appointed place within 7 days from the date of intimation forreplacement by SAIL, the LOI shall be cancelled and EMD shall be forfeited.Besides, he shall be debarred along with inter-connected agencies fromparticipation in the re-tender(s). Decision of Warehouse Manager shall be finaland binding in this regard.

2.5.4.3 However, the successful bidder shall be required to produce original copy ofrelevant documents as mentioned at clause 2.5.4.1 above within 15 days fromthe date of submission of list of cranes/equipments along with self attesteddocuments. In case of failure to produce the original documents forverification, the L.O.I shall be cancelled and EMD shall be forfeited. Besides,he shall be debarred along with inter-connected agencies from participation inthe re-tender(s). Original documents as and when required can also bedemanded during pendency of the contract.

2.5.5 While all the OEM cranes seven years old or less shall be inspected, all othercranes/equipments shall be inspected and tested before deployment at the CAyard. Inspection / testing shall be carried out at appointed date, time & place bySAIL or an agency appointed by SAIL as per the Letter of Intimation. In case,any non-OEM mobile crane / OEM crane more than seven years old /equipment is not found acceptable on inspection/testing, the same shall bereplaced by the crane/equipment of similar make / model / capacity within 3days. Decision of Warehouse Manager shall be final and binding in this regard.In case of delay beyond 3 days, bidder shall be liable to pay ` 10,000/- (RupeesTen Thousand Only) per crane / equipment per day up to maximum delay of 7(seven) days from the date of intimation by SAIL. In case the replaced crane /equipment is not displayed at the appointed place within 7 days from the date ofintimation for replacement issued by SAIL along with relevant documents as

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mentioned at 2.5.4.1 above, the LOI shall be cancelled and EMD forfeited.Besides, he shall be debarred along with inter-connected agencies fromparticipation in the re-tender(s).

2.5.6 Consignment Agent shall be required to maintain cranes deployed by him ingood health and in proper working condition. In case of break-down of the crane/ equipment, the same shall be replaced / repaired within 3 days by theConsignment Agent at his cost and expenses. In case of delay beyond thestipulated period of three (3) days in repair / replacement, Consignment Agentshall be liable to pay ` 1000/- (Rupees One Thousand only) per day per cranewhich shall be down for more than 3 days till it is repaired / replaced. TheContractor shall be required to give in writing to WHM immediately when any ofhis cranes goes out of order and similarly, he shall be required to give in writingimmediately after replacement / repair of the crane. In case of failure ofcontractor to do so, the decision of WHM with regard to down-time of cranesshall be final and binding on the contractor.

2.5.7 However, replacement of Non-OEM cranes / vehicles as mentioned at ClauseNo. 2.5.1 of Instructions to tenderers will be allowed only on the grounds ofbreakdowns where major repair is required, which can not be carried out insidethe warehouse and after deployment of cranes/vehicles of similar make & ofsame or higher capacity with the written permission of the Warehouse Manager.Replacement of OEM crane as specified at clause no.2.5.1 under ‘Instructionsto tenderers’ shall also be allowed only for major repairs which cannot becarried out inside the warehouse and after deployment of the other OEM craneof same make, model, same or higher capacity and age 7 years old or less ason date of replacement, with the written permission of Regional OperationManager and after verification of documents / inspection of such replaced craneto the satisfaction of the Company.

2.5.8 Cranes and equipments already deployed in the other warehouses of SAIL maybe allowed for deployment against this tender but such cranes and equipmentsshall be completely free for deployment on the date of inspection /commencement of contract as per Annexure-XV.

NOTE :

i) The tenderer shall have to make available, if not already available, anelectronic type of weighbridge of minimum 100 MT capacity with suitableprinting device & with 60 feet platform length located inside the CA Yardwithin 180 days from the date of LOI. Jumbo display unit shall also beprovided by CA along with the weighbridge as stated above. As far as weighbridge installation within the Warehouses is concerned, the following pointsshall be complied with by the tenderer, while submitting the tender –

a) Wherever the weighbridges, other than Avery make, will be installed,it will be mandatory on the part of CAs to get their weighbridgesintegrated with computerized system of SAIL within three monthsfrom the date of commencement of work and all expenses thusincurred shall be to their account.

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b) The tenderers, in this regard, shall have to give a written declarationwhile submitting the tender.

c) In case the contractor fails to execute the same within three monthsfrom the date of commencement of work, SAIL shall have the right toget it done and the expenses thus incurred, shall be recovered fromthe contractor.

d) the CA will at his own cost and expense get the weighbridgestamped and verified as per Weights & Measures Act in force andalso get it calibrated as per extant guidelines of the company (as perprocedures specified in Annexure XIII) Further the CA will either holdor arrange necessary test weights at his own cost and expense forthe said stamping, verification and calibration.

ii) The tenderer shall deploy his own supervisory and clerical personnel as wellas watch and ward staff for efficient operations.

iii) The successful tenderer has to provide adequate basic amenities like toilet,drinking water etc.

iv) Adequate maintenance arrangements shall be made by CA for critical areaslike Weigh-bridge, Computer peripherals, Electrical equipment etc. For this,CA shall enter into annual maintenance contract at his own cost.

v) Calibration of Weighbridge is to be done once in a quarter as per procedurelaid down at Annexure-XIII.

3.0 SCHEDULE OF OPERATIONS

3.1 The tenderers are to quote their lowest technical acceptable rates strictly as perthe enclosed Schedule of Operations and Rates.

3.2 Stock verification, bending and re-packing are to be treated as minor operationand hence shall not be considered as a part of evaluation parameter in thetender. Cutting/bending charges shall be pre-fixed by the Company and shallhave to be accepted by the tenderer. Rates for stock verification shall be paid@ 50% of the consolidated rates given for the operation listed at Sl 1(a) or100% of the consolidated rates quoted for the operations listed at Sl 1(b) of theschedule of rates where all materials are received by ROAD only.

3.3 The rates quoted will be deemed to be inclusive of the costs of discharging allthe general duties performing the work efficiently and without interruption. Therates quoted deemed to be inclusive of toll charges or any such other charges,if any applicable either on last date of submission of tender or in future, forincoming materials from Kanakpura public booking siding to the CA yard.

3.4 The rates quoted by the tenderer should be exclusive of Service Tax andEducation Cess. Service Tax & Education Cess shall be payable by SAIL at the

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rate applicable from time to time subject to the compliance of under-mentionedconditions by the successful tenderer :

(i) Every bill of the Consignment Agent shall show the following –

(a) Service Tax Registration No. of the Consignment Agent.(b) Element of Service Tax and Education Cess separately in addition to

consignment agency charges.

(ii) The first bill shall be released on fulfillment of above conditions.However for clearance of subsequent running bills apart from fulfilling theabove conditions, the Consignment Agent shall have to submit the proofof deposit of Service Tax to the department in respect of cleared bill ofimmediate previous month. However, before release of payment ofService Tax of the final bill the Consignment Agent shall deposit theService Tax for final bill and shall submit the proof of payment to SAIL.

(iii) For bending and Re-packing, the rate per MT will be predeterminedseparately and will be indicated in the schedule which the tenderer has toaccept. No escalation shall be admissible on predetermined rates.Payment will be released to the contractor every month on the basis ofthe quantity of straightened TMT Bars delivered as per the Challan cumInvoice generated separately during the month.

3.5 The Company shall allow escalation to the rates quoted on a twelve monthlybasis based on a formula indicated in the enclosed Terms and Conditionsexcept for pre-fixed rates.

3.6 There will be no escalation during first year of operation. The first escalation willbe allowed only after 12 months from the date of actual commencement ofwork. However, no escalation is payable for the pre-fixed rates and stockverification charges given at Schedule of operations and rates.

3.7 The Consignment Agent shall submit the bills on monthly basis, at theconsolidated rates accepted by the Company for the materials delivered as perSchedule of Operations and Rates, during the month. The delivery of materialsis the only parameter for submission and payment of bills during any particularmonth, irrespective of any other operation performed under the contract.

4.0 MODE OF SUBMISSION OF TENDER

4.1 Tenders must be submitted in 2 parts in 2 separate sealed covers (envelopes markednos. 1 & 2) put inside one master cover (envelope marked no. 3). In case ofdownloaded tender documents, the tenderer will also submit “DD” for the cost oftender documents in an envelope superscribed “cost of downloaded tenderdocuments”. This envelope will be put inside the master cover (envelopemarked no. 3).

4.2 Sealed Cover marked no. 1 superscribed as “TECHNO – COMMMERCIALBID”, shall contain the following documents.

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a) The EMD in the form of Demand Draft / Pay Order from a scheduledBank (except Gramin / Cooperative Banks and Catholic Syrian Bank) orin the form of Banker’s Cheque also.

b) The tender papers i.e. the Application for appointment of a ConsignmentAgent at Jaipur for Transportation, Handling & Storage Contract, TenderNotice, Invitation to Tender, Instructions to Tenderer and the Terms &Conditions of Contract along with all the related documents,undertakings/declarations and the Annexures duly signed with rubberstamp on each page as token of the acceptance of the terms andcondition of the Company (SAIL).

c) Constitution of the firm/company including date ofregistration/incorporation of the firm/company. In case the Tenderer is aCompany, Memorandum & Articles of Association of the Company alongwith the Certificate of Incorporation from the Registrar of Companies is tobe submitted. Notarised copy of Memorandum & Articles of Associationwith “sd” in place of signature of Directors is acceptable subject tocertification by Company Secretary. In case of a Partnership firm, anauthenticated copy of the Partner-ship Deed together with certificate ofRegistration issued by the Registrar of Firms (if the firm is registered) isto be submitted. In case the Tenderer is a Proprietary concern, name ofthe Proprietor and proof of proprietorship duly certified by the Bankers isto be submitted.

d) The names and addresses of the Bankers of the tenderer and also theCertificates regarding financial standing of the Tenderer issued by thebanks.

e) Copy of the title deeds / lease deeds duly authorized or authenticated byNotary Public, along with lay out plan with location of office building andweighbridge etc.

f) Undertakings as per Annexures-XIV and XVI with respect tocranes/equipments

g) Declarations as per clause 8.0 of Instructions to Tenderers.

h) The certified Balance Sheet and Profit and Loss Account of the last twofinancial years.

i) Original together with xerox copy of the Power of Attorney, as also anauthenticated copy of the Board Resolution, authorising the signatoriesto sign the tender papers.

j) An undertaking as per Annexure-VI for submission of Conversion , asapplicable, from the appropriate authority for using the offered land forthe purpose of handling and warehousing of iron and steel within 60 daysfrom the date of issuance of Letter of Compliance.

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k) The tenderer should be registered under the Service Tax Rules asprovider of Consignment Agency Service. In case the tenderer is notregistered with the Service Tax Authority, they shall submit anundertaking, at the time of submission of the tender, stating that theywould be registered with the Service Tax / concerned Authority within 30(thirty) days of Work Order.

l) In case the bidder has a private siding in his offered plot and it has beenproposed by Tenderer in tender form at 8 g (viii), an agreement copy withregard to permission for allotment and handling of steel consignments atthe Private Railway siding for the entire tenure of the contract is to besubmitted.

m) Copy of proof of payment towards downloaded Tender Documents.

n) An undertaking as per Annexure-XII pertaining to performance record asmentioned at clause 2.2 of Invitation to Tender.

(o) Undertaking as per clause 2.5.8 NOTE (i) (b) of Instructions to Tenderers

In the absence of any of the above document, the tender may not beconsidered as valid.

Important : Please note that the rates should not be indicated in any of thedocuments contained in cover no. 1

4.3 Sealed cover marked no. 2 superscribed “Price Bid” shall contain Schedule ofRates for various operations.

4.3.1 In case a tenderer quotes for more than one plot of land, he is required to givethe price bids for each of the offered land in separate envelop clearly indicatingon the cover of each envelop ‘Price Bid for Plot No. / Location …………’ and allsuch envelops should be put in Envelop No. 2, i.e., the envelop which containsprice bid. The price bids for those plots of land will not be opened which havenot been found technically qualified.

4.4 For tender documents purchased from SAIL Office

4.4.1 Envelope marked nos. 1 & 2 shall be put in a master envelope of adequate sizemarked no.3 All the envelopes should be properly sealed and should besuperscribed as “Tender for appointment of a consignment agent at Jaipur fortransportation, handling and storage of iron and steel materials” andaddressed to The Regional Operation Manager, Western Region, SteelAuthority of India Ltd. 8th Floor, The Metropolitan building, Bandra-KurlaComplex, Bandra (East), Mumbai 400051 with the name and address of thetenderer .

4.5 For tender documents downloaded from SAIL website

4.5.1 Envelope marked nos. 1 & 2 shall be put in a master envelope of adequate sizemarked no.3. Also the cost of tender documents i.e., ` 10,000/- ( Ten

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thousands only) which shall be in the form of PO / DD on a scheduled Bank(except Gramin / Cooperative Banks and Catholic Syrian Bank) payable toSteel Authority of India Ltd. at Mumbai shall be put in a separate envelopesuperscribed “cost of downloaded tender documents” and the same envelopewill put in the master cover (envelope marked no.3 ). All the envelopesshould be properly sealed and should be superscribed as “Tender (downloadedfrom SAIL website) for appointment of a consignment agent at Jaipur fortransportation, handling and storage of iron and steel materials” and addressedto The Regional Operation Manager, Western Region, Steel Authority of IndiaLtd. 8th Floor, The Metropolitan building, Bandra-Kurla Complex, Bandra (East),Mumbai 400051 with the name and address of the tenderer.

4.6 Tenderers should ensure that the contents inside each cover correspond to thesuperscription on each envelope. In case of any mix up, such tenders will besummarily rejected.

4.6.1 The tenders should be put into the Tender Box kept for this purpose in theOffice of Regional Operations Manager at Steel Authority of India Ltd.,Western Regional Office, Plot No C-26/27, 8th floor, The MetropolitanBuilding ,Bandra-Kurla Complex, Bandra (East) ,Mumbai-400051 latest by20-08-2014 up to 3:00 PM. No receipt will be given as a token of the tenderhaving been put in the Tender Box. Tenders received after the abovementioned date and time shall not be considered. The Tenders are to be keptvalid for a period of 90 days from the date of opening.

4.6.2 The tender documents are to be deposited only in the tender box kept for thispurpose in the concerned Region. Tenders deposited in the box after the timelimit specified shall also not be considered. No receipt is to be given as a tokenof receipt of tender.

4.6.3 The following shall be the recognized methods for receipt of tender :-

a) Tenders received by post,b) Tenders received through courier service,c) Tenders received through tender box.

4.6.4 Tenders can be received by post/courier service, to be received throughReceipt Section and shall be opened together at a fixed time and date asindicated in NIT. Receipt of such tenders should be in a proper envelope andreceipt of the same should be recorded in the Receipt Register maintained forthis purpose. The tenders should reach the Office of Regional OperationsManager at Steel Authority of India Ltd., Western Regional Office, TheMetropolitan Building, Plot No C-26/27, 8th floor, Bandra-Kurla Complex,Bandra (East) ,Mumbai-400051 latest by 20-08-2014 up to 3:00 PM.

4.6.5 The tenders should be put in the tender box kept for this purpose in the Office ofRegional Operations Manager at Steel Authority of India Ltd., Western RegionalOffice, The Metropolitan Building, Plot No C-26/27, 8th floor, Bandra-KurlaComplex, Bandra (East) ,Mumbai-400051 latest by 20-08-2014 up to 3:00 PM.No receipt will be given as a token of the tender having put in the tender box.

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Tenders received after the above mentioned date and time shall not beconsidered.

4.6.6 The tenders are to be kept valid for a period of 90 days from the date of openingof tender.

5.0 EARNEST MONEY DEPOSIT(EMD)

5.1 The tenders shall be accompanied by Pay Order / Demand Draft or Bankerscheque from a scheduled Bank (except Gramin/Cooperative Banks andCatholic Syrian Bank) only in favour of Steel Authority of India Limitedpayable at Mumbai for ` 20,00,000/- . (Twenty lacs rupees only) as EarnestMoney Deposit. Previous deposit with SAIL by way of Earnest Money / SecurityDeposit of any kind or request for transfer of any outstanding dues towardsEarnest Money Deposit against the present tender shall not be accepted. Incase of successful tenderer, the earnest money shall be retained by theCompany as security deposit for the due fulfillment of the contract. Small ScaleUnits / Ancillary Units and Public Sector Units / Government Undertakings andCo-operative Societies etc. may be exempted from submission of EMD as pergovt. Policy. However, for getting exemption from submission of EMD, the SSIUnits are required to submit a notarized copy of the Registration Certificateindicating clearly the item for which they are registered and the validity of thesame. This will be made applicable for all other units seeking exemption fromsubmission of EMD.

5.2 The Earnest Money Deposit (EMD) shall be forfeited-

a) If the tenderer withdraws the tender during the validity period of thetender and / or modifies any of the Terms & Conditions contained in thetender during the validity period of the said tender or ;

b) In case the successful Tenderer fails to –

i) Provide all infrastructural facilities, furnish PG Bond, BG etc. asrequired under the tender terms ;

ii) Comply with any or all the requirements / formalities as specifiedin the Company’s letter for compliance of the contract conditions.

c) If the tenderer is found indulging in forgery / fudging / tamperingdocuments and / or furnishing wrong declaration / undertaking

5.2.1 Small Scale Units / Ancillary Units and Public Sector Units / GovernmentUndertakings and Co-operative Societies etc. may be exempted fromsubmission of EMD as per Govt. Policy. However, for getting exemption fromsubmission of EMD, the SSI Units are required to submit a notarized copy of theRegistration Certificate indicating clearly the item for which they are registeredand the validity of the same. This will be made applicable for all other unitsseeking exemption from submission of EMD. In case of non-submission of therequisite documents, as stated above, their tenders will not be considered forevaluation.

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5.3 Refund of EMD will be arranged to all unsuccessful tenderers within30 days from the date of signing of the job contract. No interest will bepaid on EMD.

6.0 OPENING OF TENDER, EVALUATION & NEGOTIATION :-

6.1 The Tenders would be opened on 20-08-2014 at 3:30 PM at the Office ofRegional Operation Manager, Steel Authority of India Ltd., Western RegionalOffice, Metropolitan Building, Plot No C-26/27, 8th floor, Bandra-Kurla Complex,Bandra (East) ,Mumbai-400051.

6.2 First of all, the tender cover marked no. 3 will be opened. The names of all thetenderers / their representatives present shall be noted down on a Tally Sheet,with the remark as to whether they have submitted further two envelopesmarked no. 1 and 2 with their names superscribed on them. This Tally sheetwill be signed by the tenderers present.

6.3 In case of downloaded tender documents, the envelope containing the cost oftender documents will be opened. In case of non-submission of the applicableamount in the required manner, the tender is liable to be rejected.

6.4 Thereafter, envelope marked no. 1 (viz. Part – I of the tender ) containing EMDand Terms and Conditions etc. shall be opened in presence of the Tendererspresent and a similar record as above will be kept.

6.5 The Tender Evaluation Committee (TEC), after evaluation of part – I of theTender, will determine the technically qualified tenderers as per the prescribedterms and conditions of tender documents. On approval for opening Price Bids,the Committee shall arrange to intimate all the eligible tenderers regarding thedate, time and place of opening of part II of the tender, i.e. the price bid, ascontained in the envelope no 2. Part II shall be opened on the due date by theTenderer Evaluation Committee in presence of the tenderers present andrecords kept as above.

6.6 After opening of Price Bids, tenders shall be evaluated on the basis of ratesquoted and estimated quantity of receipts for the 1st year of operation forevaluating the total value of the contract and not on individual rate in theschedule. Thereafter ranking of tenderers would be done. The tenderer quotingthe lowest rate will be determined as the L1 Tenderer. Stock verification,bending and re-packing rates are outside the purview of evaluation since theseare predetermined rates in the tender.

6.7 Tenders not submitted in forms prescribed by the company shall not beconsidered. Tenderer should submit the tenders duly initialed with its / theirrubber stamp on each page of the terms and Conditions and the Schedule ofRates, the Price Bid’. Rates should be given both in figures and words andshould be free from corrections and erasing.

6.8 Tenders may generally be rejected if –

(i) Submitted after the tender closing date and time;

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(ii) The tender contains inadmissible reservations or restrictions oralterations or conditions/deviations;

(iii) A tender shows that the tenderer has not met with certain technical /commercial requirements.

(iv) The tenders are submitted by parties to whom tender papers were notsold.

(v) Tenders downloaded from website and submitted without proof ofpayments towards cost of tender papers.

(vi) Tenders not submitted in original in case tender papers purchased inphysical form.

(vii) Tenders submitted without EMD / requisite value of EMD / in form ofcheque in lieu of DD / PO / Banker’s Cheque.

(viii) In case the contents inside each envelope do not correspond to thesuperscription on each envelope resulting in a mix-up.

6.9 SAIL reserves the right to accept or reject any or all offers without assigning anyreason whatsoever, and the decision of the company in this regard shall be finaland binding.

6.10 Order in the contract will be placed on the basis of L-1 quotation. If required,negotiations will be held with L-1 tenderer only. However, the L-1 tenderer maybe required to explain/justify the basis of their quoted price as and when askedfor. In case the tenderer fails to justify his quoted price or refuses to cooperatein this regard, they will not be considered for participating in the retendering ifcontract is not finalised from the present tender.

6.11 If a tenderer quotes unworkable rates i.e. if the quoted price is less than thelower limit of the estimated price and is considered for placement of order, theparty will be asked to justify the rates quoted. On non-acceptance ofjustification/refusal of the same, the tenderer will be asked to furnish AdditionalPG Bond equal to the amount which will be the difference between lower limit ofthe estimated rate and the quoted rate of the tenderer. The amount of PG Bondto be furnished will be calculated by multiplying such differential rate with theestimated quantity for first year of operation. The tenderers, who refuse tocomply with this, their EMD shall be forfeited and they will not be considered forparticipating in the retendering process if the contract is not finalized from thepresent tender.

6.12 In case, any tenderer fails to perform as per the contract on the lower thanworkable rates, the tender will be liable to be closed with due notice. Further,they will not be considered for participating in the re-tendering if the contractdoes not run for the tenure for which the same is awarded to the presenttenderer.

7.0 FOR TENDERERS DOWNLOADED FROM SAIL WEBSITE :

7.1 The terms and conditions displayed on SAIL website are final and binding onthe tenderer. However, on scrutiny, if any alteration/deviation etc. in anyclause/expression/words are found, then such tender documents will be liable to

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be rejected and EMD will be forfeited. Besides, action shall be initiated againstthe tenderer for banning of business dealings as per company (SAIL) stipulatedguidelines.

8.0 DECLARATION :

8.1 Each tenderer shall submit a “Declaration” along with the tender to the effectthat he has adequate organization, resources and experienced personnel tohandle the type and magnitude of the subject tender.

8.2 Full information must also be given by the tenderer in respect of the following:-

8.2.1 Each tenderer, while submitting his offer, must submit a “Declaration” as towhether he has any relative, within the meaning of section 6 read with schedule1 A of the Companies Act., 1956 employed in any capacity in the Company.

8.2.2 In case he has any relative employed in any capacity in the company, the fullname, particulars of position held under the company must be clearly indicated.In case the tenderer is awarded the contract he shall inform the company if anyof his relative as defined above joins the company any time subsequent to theaward of the contract and during the pendency of the contract.

8.2.3 If the tender is not accompanied by such “Declaration” referred to above, thesame shall be treated as incomplete and liable to rejection. In the event offurnishing wrong declaration in this regard by a tenderer whose tender has beenaccepted by the company, the company reserves the right to rescind thecontract forthwith as soon as such fact comes to light after award of thecontract. The Consignment Agent shall in such cases, make good to thecompany the loss or damage resulting from such cancellation.

8.2.4 The tenderer shall also furnish details of his relationship, if any with themembers / partners / directors of other firms / companies to which the Company(SAIL) reserves the rights to refer to for purposes of verification.

9.0 STATUTORY COMPLIANCES

9.1 The Consignment Agent shall register his establishment under shops andEstablishment Act or the factories Act , as appropriate, before the start ofbusiness. He shall indemnify the company against any financial claim / damage, if any , on account of his failure to comply with statutory provisions in thisregard raised by appropriate authority. In addition, he shall Also indemnify thecompany against any claim, whatsoever, that may arise with reference to hisemployees / labourers in respect of violation of any statutory provisions such asPayment of Minimum Wages Act, EPF & MP Act, ESI Act or Employees’Compensation Act, Payment of Gratuity Act etc prior to start of business. Incase of any extension of the contract, fresh indemnification bond has to besubmitted by the Consignment Agent for the extended period.

9.2 The successful tenderer shall comply with all the provisions of Service Tax orany other statutory provisions which are required or will be required forrendering of his / its services to SAIL.

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9.3 On completion of Contract, Consignment Agent shall clear all dues includingthose of Railways, Service Tax Department and other agencies which arestatutorily required to be paid by the CA in respect of services rendered to SAIL.The Consignment Agent shall have to submit certificate of confirmation or proofof payment of such dues, for clearance of his / its final bill.

10.0 SECURITY DEPOSIT AND BANK GURANTEE

10.1 The Earnest Money deposit as applicable, furnished by successful tenderer atthe time of tendering will be converted into Security Deposit. The deposit willbe refunded to the Consignment Agent on expiry and / or on termination of thecontract on production of a “ No claim certificate “ from the Concerned Branchof the Company as per the Terms and Conditions of Contract, to the effect thatno other claim by him / on him by the company etc. are pending forconsideration. No interest shall be payable on the Security Deposit.

10.2 The Consignment Agent shall furnish Security by way of Three BankGuarantees, two towards value of stock held and performance separately (asper proforma at Annexure-IA & Annexure-IB) one for ` 5,00,00,000/- (RupeesFive Crores only) for the security of the materials dispatched to the CA yardand the second one for ` 35,00,000/- (Rupees Thirty Five Lakhs only)towards performance of the Consignment Agent for due fulfillment of all theterms contained in the Agreement with the CA and the Company in this regardand the third one for ` 1,00,00,000/- (Rupees One Crore only) towardssecurity of the materials for dunnage. (Annexure-IC ) issued by a scheduledBank (except Gramin / Cooperative Banks and Catholic Syrian Bank) and shallin addition to such security execute a Custody and Indemnity Bond (as perproforma at Annexure-II) in respect of materials to be despatched to andreceived in the CA Yard. The BGs / PGs shall be printed on non-judicial stamppapers of appropriate value and the same shall be purchased in the name ofeither SAIL or in the name of the Bank issuing BG / PG..

10.3 Proforma of the Bank Guarantee that may be submitted by the ConsignmentAgent towards recovery on account of shortages is enclosed at Annexure–I.

11.0 CONTRACT

11.1 A Letter of Intent (L.O.I) and then a letter of ‘Compliance of ContractFormalities as per Tender Terms’(L.O.C) will be issued to the successfultenderer. The successful tenderer shall have to submit Bank Guarantee(s) and‘Custody and Indemnity Bond’ within 30 days from the date of Letter ofCompliance(L.O.C). He shall submit a list of equipments along with self-attested relevant documents and original copy of lease/hiring agreement within30 days from the date of L.O.C. He shall have to submit a duly registered leasedeed within 45 days from the date of Letter of Compliance, in case possessionof land being offered is on lease / sub-leasehold basis. He has to submit Copyof Conversion certificate within 60 days from the date of L.O.C. He shall haveto create the necessary infrastructural facilities as per tender terms within 180days from the date of Letter of Compliance. Within 15 days from the date ofsubmission of the list of equipments and self attested relevant documents, heshall submit Original documents pertaining to equipments for verification.

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Thereafter, a Letter of Intimation will be issued to the successful tenderer fordisplay of equipments for inspection/testing. After having complied with allstipulations mentioned above within the prescribed limit, Work Order will beissued to commence the work and agreement on non-judicial stamp paper asper proforma Annexure-IV(Agreement for operating a consignment agencyyard) shall be signed within 2 days from date of Work Order. Theadvertisement for Tender, Invitation to Tender, Instructions to Tenderers,Terms and Conditions of Contract along with all its enclosures, undertakings,declarations, etc and any other letter exchanged with the successful tenderershall also form part of the contract.

11.2 The contract will be guided by Performance parameters as detailed in the termsand conditions of the contract. In the event of regular default, the Companyreserves the right to enforce the measures indicated in the Terms andConditions of the contract.

12.0 ARBITRATION

12.1 Any dispute or differences arising out of the terms and conditions of the contractshall be referred to Conciliation in terms of the Arbitration & Conciliation Act,1996 and in case the same is resolved, then the said result of conciliation shallbe binding on both the parties. In case, the matter in dispute is not resolved, itshall be referred to Arbitration as per the procedure laid down under the saidAct by the Sole Arbitrator to be appointed by SAIL.

13.0 BANNING OF BUSINESS DEALINGS

13.1 SAIL reserves its right to ban business dealings if the tenderer / theConsignment Agent is found to have committed misconduct as also to suspendbusiness dealings pending investigations. Further, in case the ConsignmentAgent, his partner, member, servant, labour, agent, representative and/or anyperson working for and on behalf of the Consignment Agent is found involved inany unauthorized, or wrongful removal of material not sold, or in any attempt forsuch removal, this shall amount to breach of contract as well as misconductcaused by the Consignment Agent and company shall be entitled to forfeit theentire security deposit and any other amounts, money or material that may belying with SAIL at the risk and cost of the Consignment Agent in addition tobanning of the business dealings as mentioned above.

13.2 The Consignment Agent shall be further liable for all the losses that might becaused to SAIL on account of any of the Breach of Contract and/or misconductas stated above.

13.3 The decision of the Chief Executive of the Central Marketing Organisation, SteelAuthority of India Limited will be final and binding on the contractor on all suchcases.

13.4 The expression, the Chief Executive of Central Marketing Organisation, SteelAuthority of India Ltd., means the Director (Commercial) or any other persondelegated to exercise the authority and the power of the Director (commercial)

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due to his absence on duty or due to his non availability for any other reasonwhatsoever.

13.5 Notwithstanding anything contained in clause 15 of the terms and conditions ofcontract, the company shall reserve its right to terminate/short close thecontract summarily in case on inquiry it is found that the contractor hascommitted misconduct/malpractice in connection with the present contract. Inthat event, the company shall reserve its right to suspend business dealings inrelation to other contracts also.

13.6 In case it is found on inquiry that the contractor has committed malpractice /misconduct, the company shall have the right to suspend business dealingforthwith and as a result the contract shall stand terminated / short-closed withimmediate effect.

14. INTEGRITY PACT

14.1 The Bidder(s)/Contractor(s) is required to enter into an `Integrity Pact’ with thePrincipal i.e. SAIL. The Integrity Pact has to be signed by the Proprietor/Owner/Partner/Director or by their duly Authorized Signatory. Failure to return theIntegrity Pact along with the offer/bid, duly signed by the authority as mentionedabove, will disqualify the offer/bid.

14.2 The format for the Integrity Pact is attached along with the tender documents asper “Annexure - XVIII”.

14.3 The Bidder(s)/Contractor(s), if aggrieved, may raise complaint/ pass oninformation, if any, to:

a) The Competent Authority/ Operating Authority of the Tender/Contract orb) The Chief Vigilance Officer (CVO), SAIL, Ispat Bhavan, Lodi Road, New

Delhi – 110 003 orc) The Independent External Monitors of Integrity Pact, through Integrity

Pact Secretariat, 16th Floor, SCOPE Minar, Laxmi Nagar, Delhi – 110092.

14.4 The Independent External Monitors of Integrity Pact in SAIL are :

Mr. Janki BallabhMr. S K TutejaMs. Chitra Chopra

However, the IEMs may be changed during the tenure of the contract and thesame would be intimated to the contractor.

15. PURCHASE PREFERENCE

15.1 The policy of Purchase Preference for Central PSEs may be extended to theConsignment Agency Contract and shall be based on the extant guidelines issued bythe Government of India.

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APPLICATION FOR APPOINTMENT OF A CONSIGNMENT AGENT ATJAIPUR FOR TRANSPORTATION, HANDLING AND

STORAGE OF IRON AND STEEL MATERIALS

TENDER FORM

To

Warehouse ManagerSteel Authority of India Limited,Brach Sales Office, Jaipur

Dear Sir,

With reference to your Invitation to Tender for Appointment of a ConsignmentAgent at Jaipur we furnish below the desired details about ourselves.

1 Name & full permanent postal Address

(a) Full names and addresses of theDirectors / Partners/ Proprietors asthe case may be

(b) Contribution to the capital of thefirm by each partner in case of partner-ship firm and by the DirectorsIn case of private limited Company.

(c) Assets/ properties owned by the firm as well as privately by the proprietor/Partner / Director with approximate value as declared by them. Copy of thememorandum & Articles of Association (in case of companies) or PartnershipDeed (in case of partnership firm) as the case may be attached.

2 a) Past and Present activities :

b) Details of the type / category / quantity of steel materials handled, if any.

c) Details of past performance, if any, with SAIL / its unit / Branches.

3 a) Turn over during each of the preceding two years or from the inception ofthe Company (whichever is lower) as declared in the Income tax return.

(b) Profit earned during the last two years or from the inception of the Company(whichever is lower) as per the income tax return

4 Details of associate firms with extent of interest of the Directors. / Partners / SoleProprietor.

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a) Details of any relatives working in Steel Authority of India Ltd.

5 Full name and address of Bankers.

6 Overdraft / cash credit limit from nationalized / scheduled banks.

7 Name of the Authorised Signatory.

8 Details of land offered :

a) (i) In case the land is on ownership basis, authenticated copy of the titledeed to be enclosed duly attested by a Magistrate or Notary Public.

(ii) In case the applicant is not the owner of the land offered, but ishaving a lease hold right, duly attested copy of the lease deed to beenclosed. In case the applicant is a sub-lease, duly attested copy ofthe lease deed in favour of the leaser, and the sub-lease deedbetween the leaser and the tenderer should be enclosed.

(iii) In case the applicant produces an agreement for lease (Format atAnnexure-V), the duly authenticated copy of the title deed of thelessor or authenticated copy of the lease deed containing provisionfor sub-lease, in case the land being offered is on sub-lease holdbasis, should be enclosed.

b) Location and address of the land :

c) Availability of the land for operating CA Yard :

d) Purpose for which the land is presently used :

e) Distance of the land from the consuming centre / industrial area :

f) Shape and area of the land (lay out sketch to be attached) :

g) Details of facilities available in the land :

i) Accessibility

ii) Maneuvering & Parking of Vehicles

iii) Boundary wall / barbed-wire fencing :

iv) Office Building :

v) Covered Godown :

vi) Lorry Weighbridge :i) whether available inside the offered site :ii) If yes , its type & capacity :

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vii) Any other weighing equipment :i) Type & capacity ;ii) Distance from the offered site.

viii) Railway siding :

(h) Applicable octroi duty on Iron and Steel at the location of the land

9 Distance of the land from the Kanakpura Public Siding:

10 Distance of the land from the nearest Public weighbridge:

We agree inter-alia that no guarantee will be given by you as to any particularquantity that would be entrusted with us for Transportation, handling and storage insideCA warehouse during the duration of the Contract.

We agree to do all the clerical & accounting work and watch & ward connected withthe transportation, handling and storage and delivery of the materials.

We agree to install necessary computer hardware viz. PCs with Monitors, Printers,Servers and Work – stations for the purpose of activities of the consignment agency yardat our own cost.

We will be holding the materials on your account and will deliver only against yourauthority.

The ownership of the materials will always be with you even though they may be inour custody.

We agree that the cost of any loss of damage to your materials duringtransportation, and while in our custody, and / or handling and delivery, will have to beborne by us and we will have to pay the same to you at sale price for such items at thetime such loss or damage occurred / is brought to your attention by us or discovered byyou.

We agree that the payment against our bills will be made by you on monthly basis.

We have also gone through the Terms and Conditions of the Contract and arewilling to abide by the same.

We have also signed and stamped each page of the Tender in token of ouracceptance of the terms & conditions.

I / We also note that acceptance of this tender as will be communicated by yourLetter of Intent shall constitute a valid and binding contract between us.

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I / We also note that failure to comply with the conditions specified in your letter forcompliance of contract formalities shall have the effect of termination of the contract and I/ We shall be liable for all consequences thereof.

Yours faithfully,

( Signature )

For ……………………………………..Full Name of the Signatory …………Status …………………………………Seal / otherRubber StampDate :

[Note (1) Strike out any operation like transportation if not applicable]

Encl : a) Tender Noticeb) Invitation to Tenderc) Instructions to Tenderers.d) Terms and Conditions of Contract along with all its enclosures all duly

signed.e) Earnest Moneyf) Cost of tender documents (for downloaded tender documents only).g) Declaration as per clause 8.0 of Instructions to tenderersh) Documents as mentioned at clause 4.2(c),(d),(e),(h),(i) and (l) of Instructions to

Tenderers.i) Undertakings as mentioned at clauses 2.5.8 NOTE (i) (b) , 4.2 (f), (j), (k), and(n) of Instructions to Tenderers.

Witness :

Signature with Full name …………….Address …………………………………Occupation & Dt. ………………………

Signature with Full name …………….Address …………………………………Occupation & Dt. ………………………

Note: All the documents/undertakings mentioned above are not exhaustive, hencetenderers may go through the entire tender documents and enclose the documents andundertakings as per tender terms.

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TERMS AND CONDITIONS OF CONSIGNMENT AGENCYCONTRACT AT JAIPUR

OF STEEL AUTHORITY OF INDIA LIMITED

1 DEFINITIONS

1.1 The following words and expressions used in this Contract shall have themeaning assigned to them except where the context otherwise requires.

1.2 The “Company” shall mean Steel Authority of India Limited (SAIL) with itsRegistered Office at ISPAT BHAVAN, Lodi Road, New Delhi 110 003. And alsohaving one of its Units as Central Marketing Organisation at 40, JawaharlalNehru Road, Calcutta – 700 071 as also its Branch Sales Office at Landmark,4th Floor, S-16-A, Mahavir Marg, Opposite Gujrati Samaj, C-Scheme, Jaipur -302001

1.3 The expression Head of Warehousing Division shall mean the shall meanED(WH)/GM(WH) or any other Officer of the Company who is for the time beingis in-charge of Warehousing Division of Central Marketing Organization of theCompany

1.4 “Regional Manager“ shall mean the Head of the Region, or any other Officer ofthe Company for the time being, in-charge of the Region.

1.5 “Regional Operations Manager“ shall mean the Head of the Region forWarehousing Group or any other Officer of the Company for the time being, in-charge of the Regional Warehousing Group.

1.6 “Branch Manager” shall mean the Branch Manager of the Concerned Branchunder whose jurisdiction the Consignment Agency Yard is situated or any otherOfficer of the Company for the time being in-charge of the Branch.

1.7 “Warehouse Manager” shall mean the Warehouse Manager of the ConcernedCA Yard under whose jurisdiction the Consignment Agency Yard is situated orany other Officer of the Company for the time being in-charge of the Warehouse/ CA Yard.

1.8 “Tenderer“ shall mean the person, firm/ company or corporation submitting atender against the Invitation to Tender and shall include his / its successors andassigns approved by the “Company”.

1.9 “Consignment Agent” shall mean the tenderer whose tender has beenaccepted by the “Company” and shall include Consignment Agent’s successorsand assigns approved by the Company.

1.10 “Contract” shall mean and include the Agreement between the Company andthe Consignment Agent duly signed by the parties thereto for the execution ofthe work together with all documents annexed / attached therewith or referredto.

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1.11 “Consignment Agency Yard (CA YARD)” shall mean warehouse of theConsignment Agent approved by the Company / nominated premises handedover to the Consignment Agent by the Company for receipt of Company’smaterials, storage and / or delivery to customer etc.

1.12 “Public Booking Point“ shall mean the Railway Goods shed where Railwaywagons are placed for unloading and / or booking of goods including Iron &Steel materials (This goods shed may not be a public booking point in the strictliteral sense).

1.13 “Private Siding” shall mean the Railway siding as defined in the sidingagreement with the railways inside the Consignment Agency Yard and whererailway wagons are placed for unloading and / or booking of Iron & Steelmaterials.

1.14 “Plant(s)” shall mean the Company’s steel plants at Bhilai, Bokaro, Durgapur,Rourkela, Alloy Steel plant at Durgapur, Salem steel plant at Salem,Burnpurand subsidiaries at Bhadravati & Chandrapur.

1.15 Company’S Materials means Iron and steel materials despatched from thecompany’s Plants including its subsidiaries and also stock transfer of suchmaterials from any of company’ stockyards as also imported materials. Thisalso includes materials received from Conversion Agents, Decoiling contractorsof SAIL and Service Centres of SAIL.

1.16 “Sister Concern / Company“ shall mean and include such concern / Companywhere anyone of the proprietor(s) / partner(s) / Director(s) is / are common.

1.17 “Crane” shall mean “Mobile crane” unless otherwise specified and “Mobilecranes” shall mean Tyre Mounted cranes with Boom and boom shall rotate by3600 when the vehicle on which it is mounted is stationary.

1.18 Excepted matters are those for which the decision of the company is final asper the conditions contained herein.

2 OPERATIONS :

2.1 The detailed nature of work will be as indicated in the `Schedule of Operations’& Rates`. The Consignment Agent shall be required to provide infrastructuralfacilities including minimum no of required equipments as detailed herein.

2.2 Materials despatched by Road through Company’s authorized transporter fromPlants/ designated Stockyard to the CA Warehouse.

2.2.1 The Consignment Agent will take delivery of all consignments despatched bythe Company and unload, weigh and stack them at the designated place withinthe CA Warehouse.

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2.2.2 The Consignment Agent will stack the materials in an orderly fashion as perhandling & Storage guidelines laid down by the company and stacking plan /other instruction issued by the officers of the company from time to time.

2.2.3 The consignment agent shall procure all the necessary permits and licences,give all necessary notices, furnish all necessary returns, pay all fees / taxes /tolls etc. required by law in connection with transportation, if required, handlingand storage operations. All such payments shall be to the Consignment Agent’saccount.

2.3 Materials despatched by Rail up to the nearest Public Booking Point, or thePrivate Siding in the CA Yard (if available).

2.3.1 The Consignment Agent will be required to assume full responsibility in regardto claiming and clearance of consignment arriving by Rail. In this context theyshall make frequent and adequate enquiries with Railways about arrival ofwagons and arrange to get them placed for unloading. In case wagon(s) has /have arrived but RRs are not available, he shall intimate the details of suchwagons to WHM or the WH Executive for taking delivery based on an IndemnityBond, if necessary. There should be General Indemnity on stamp paperfollowed by Indemnity in each case on plain paper.

2.3.2 If the consignments are not received in the original wagon due to transshipmenten-route, the Consignment Agent shall arrange to get them linked with theoriginal and claim the contents of the wagon on behalf of the Company after re-weighment.

2.3.3 Whenever consignments are received on “freight to pay” basis, the same shallbe paid by the Consignment Agent and then claim reimbursement from theCompany. The Consignment Agent shall not however pay any undercharges tothe Railways without specific approval from the Company. Full particulars ofundercharges paid, if any, with the approval of the Company, shall be furnishedto the Company immediately.

2.3.4 Unloading / Loading of wagons must be done by the Consignment Agent withinthe free time allowed by the Railways, irrespective of the number of wagonsplaced on Company’s account. The Consignment Agent shall be responsible forall demurrage and wharfage or any other charges due to his failure to makeover the wagons to Railways empty or loaded, as the case may be, within thefree time.

2.3.5 The Consignment Agent shall maintain a current account in his own name withRailways or any other Authority as may be necessary for payment of the dueslike demurrage, octroi, etc at the first instance. Levies like octroi shall bereimbursed by the Company subsequently.

2.3.6 The relevant Railway Receipts (RRs) shall be raised showing the Company asconsignee and the RRs and Plant Consignment Advices shall be handed overto the Consignment Agent / his authorised representatives on receipt.

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2.3.7 If any wagons arrive earlier than the receipt of the relevant documents by WHMor by the Consignment Agent / his authorized representatives, then they shallmake arrangement to take delivery by furnishing necessary Indemnity Bonds,obtained from the WHM, to the Railways. All Demurrage/ Wharfage chargesincurred, if any, on such wagons will be paid by the Consignment Agent and willbe to the Consignment Agent’s account and will not be reimbursed by theCompany.

2.3.8 In case of materials despatched to the private siding of the Consignment Agent,the Railway Receipts will be made in the name of Consignment Agent, whoshall be responsible to clear the goods on arrival of the wagons irrespective ofwhether the relevant RRs have been handed over to him / his authorisedrepresentatives by the WHM or not, by furnishing his own Indemnity Bond asnecessary. On no account, any demurrage or wharfage charges shall be paidto the Consignment Agent by the Company when materials are despatched tohis private siding.

2.3.9 Liaison

2.3.9.1 It will be the responsibility of the Consignment Agent / his authorisedrepresentatives to keep in touch with the WHM and the local Railway authoritiesat the destination on a day to day basis, to obtain the documents from the WHM/ issue Indemnity Bonds as the case may be, and also to keep constant watchon arrival of wagons and ascertain the consignee particulars from the Rly.Authorities.

2.3.10 Wagons in Transit

2.3.10.1 The Consignment Agent shall intimate the Company in writing the details of allthe consignments remaining in transit for more than a month from the date ofdespatch, to enable the Company to take further necessary steps such aslodging of claims with the Railways etc., for the non-arrived / missing wagons.Even after such intimation to the Company, the Consignment Agent / hisrepresentative will continue to keep in touch with local Rlys. in respect of suchwagons and will intimate the WHM on their arrival and at the time of takingdelivery. The Consignment Agent shall also furnish the R/Rs. to the WHMimmediately after completion of 2 months from the date of R/R. In case ofprivate siding, where R/Rs are made out in the name of Consignment Agent,they will furnish Letter of Authority to the WHM for lodging the claims & pursuingwith Railways and realization of compensation thereof.

2.3.10.2 If due to any lapse on the part of the Consignment Agent in giving suchintimation to the Company, the Company is unable to lodge claims with theRlys. and / or the claims are time barred, the Consignment Agent shall be liableto compensate the Company for the losses that may be suffered by theCompany.

2.3.10.3 In cases of Railway claims to be lodged against Shortage in Transit thefollowing steps to be followed –

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(a) WHM to sign all such Railway claim papers for issuance of ShortageCertificate to be obtained by the CA from the Railway Authorities.

(b) Such Shortages in Transit shall not be adjusted in line with ShortageClause and shall be dealt with isolatedly.

(c) After obtaining the amount towards shortage from the Railways on thebasis of Shortage Certificate and other relevant documents, the same willbe credited to the Consignment Agent.

2.3.11 Receipts / Inspection : On arrival of all wagons, either in original ortransshipped condition, it will be the responsibility of the Consignment Agent /his representatives to duly inspect the wagons, to check the wagon label / sealsand for finding out signs of tampering en-route, as well as for shortages /damages / deterioration in transit. The Consignment Agent / his representative,after inspection must make suitable remarks in the Wagon Arrival Report(WAR), and take steps to obtain re-weighment & shortage certificates from theRailways, under intimation to WHM.

2.3.12 In case of any sign of tampering / pilferage in respect of any consignment, thematter will have to be taken up by the Consignment Agent with Rly. Authoritiesand given due notice to them before placement of wagons for open delivery /reweighment of consignment in order to obtain a shortage certificate fromRailways. Thereafter it will be the responsibility of the Consignment Agent tolodge the claim with Railways and follow it up. For this purpose the Companyshall authorize the Consignment Agent wherever necessary. Such shortageclaims shall be pursued by the Consignment Agent and on acceptance, shall beto his credit.

2.3.13 The Consignment Agent will have to arrange at his cost for security of materialsunloaded at Public Booking point. He will be solely responsible for any shortagethat may occur from the unloading of materials and their final transportation toStockyard.

2.4 Material despatched by road through consignment agent from Plants /designated stockyard to CA Warehouse.

2.4.1 The Consignment Agent will take delivery of the consignments from plant /designated stockyard as per instruction of the Company and arrange to transferthe material to the CA yard and also unload, weigh and stack them at the CAyard.

2.4.2 The Consignment Agent will stack the materials in an orderly fashion as perhandling & Storage guidelines laid down by the company and stacking plan /other instruction issued by the officers of the company from time to time.

2.4.3 The consignment agent shall procure all the necessary permits and licences,give all necessary notices, furnish all necessary returns, pay all fees / taxes /tolls etc. required by law in connection with transportation, if required, handlingand storage operations. All such payments shall be to the Consignment Agent’saccount.

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3.0 RECEIPT OF DAMAGED / BENT / TWISTED MATERIALS

3.1 If consignments are found to be in damaged / bent / twisted condition within thewagon / truck / trailers prior to unloading, the same should be brought to thenotice of WHM or WH Executive/ Company’s representative in writing. Suchcases shall be inspected by WHM or Company’s representative before givingclearance for unloading. An Inspection Report shall be made by the Company’srepresentative and Consignment Agent jointly. Such materials should beseparately kept from the materials which are received in proper / good conditionand kept in separate stacks. After inspection / certification by the WarehouseManager / Warehouse Executive, clear paint marking should be made on suchdamaged materials.

3.2 In case the Company’s representative is not available during the time ofplacement of wagons/ arrival by road and materials are found to have beenreceived in damaged condition in such wagons/ trucks or trailors, theConsignment Agent should arrange to take photographs and submit the reporton the extent of damage wagon-wise/ vehicle-wise to WHM.

3.3 Damage to Material

3.3.1 The contractor shall be responsible for any damage caused to materials and toCompany’s property if it takes place in the course of handling operations.Assessment of damage to materials etc. shall be done by the WarehouseManager / ROM on regular basis and his decision in this regard shall be finaland binding on the contractors.

3.4 Recovery of amount toward damage to material

3.4.1 Consignment Agent shall be liable to pay 2 (two) percent value of the cost ofmaterial calculated on the basis of listed price of the material as on the date ofinspection by multiplying the same with the weight of piece / coil / packet asfound damaged. The listed price is the price ex yard without any discount butincluding railway freight, stockyard margin, excise duty. The recoverableamount towards damage caused to material due to negligence of Contractorand as certified by WHM shall be deducted from the next Handling Bill payableto the contractor. However, in case of total damage to material due tonegligence / improper handling, the full cost of material as prevailing on the dayof inspection by WHM/ROM/any other SAIL official shall be recovered from theContractor without handing over such damaged materials to the contractor.

3.5 Intimation of damaged material received from Plants / other places

3.5.1 Consignment Agent shall be required to report any material received in bent /twisted / damaged condition from plant in the warehouse within 24 (Twenty four)hours from the time of receipt of material to Warehouse Manager in writingalong with photo-graphs of the material received in damaged condition. In caseof failure of Contractor to report the same within stipulated time, contractor shallbe held responsible for the same and amount as mentioned above shall bededucted from his next Handling Bill.

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4.0 UNLOADING / STACKING

4.1 On arrival of the consignments at the destination, the Consignment Agent shallunload, transport wherever earmarked for this purpose and approved by theCompany. The materials shall be stacked in the manner advised by theCompany from time to time and held in trust for the Company.

4.2 The materials received from the Company should be stacked separately, plant-wise / section-wise / size-wise / thickness-wise / quality-wise and wagon-wise /truck & trailer wise / lot-wise and shall be identified by paint marking on thestacks, as advised by the Company, indicating the quality, size and other detailsgiven in the Consignment Advice / Stock Transfer Delivery Challan. In case oflate receipt of CA, the details would be provided on each stack immediatelyafter the receipt of the same.

4.2.1 Immediately after unloading, painting of the materials for demarcating thequality and marking of the stacks will be done by the Consignment Agent asrequired by the Company. In case these materials are ultimately stacked at anyother point other than the place where it was initially unloaded, such markingmay be done again for purpose of identification.

4.3 If documents relating to consignments are not received by the ConsignmentAgent for any reason prior to receipt of the wagon, the Consignment Agentshould measure the size/ thickness by utilizing proper measuring instrumentsand the same should be reflected in WAR. For this purpose, the ConsignmentAgent should engage personnel having experience and expertise in similar line.For the purpose of determining quality, the Consignment Agent should examinematerials for paint marking / metal tags /stickers and labels and the detailsnoticed should be recorded in WAR.

4.4 The materials should be transported at Consignment Agent ‘s own cost from thepoint of unloading, as and when required, to the place of stacking or any otherplace as directed and stacked in conformity with the stacking plan / handling &storage guidelines laid down by the company or any other manner as requiredby the company.

4.5 If at any time, re-stacking or sorting is required to be done by the company as aresult of the Consignment Agent’s negligence, no remuneration will be allowed.The Consignment Agent shall effect such re-stacking forthwith on receipt ofinstructions from the company. In the event of failure of the Consignment Agentto carry out the instructions of the company in this regard within the period of 7(seven) days, the company shall have the work done through alternatearrangement and the expenditure thereon shall be deducted / adjusted from hisbill / security deposit. When re-stacking or weighment of stacks is carried outfor verifying stocks, the Consignment Agent will be paid at the scheduled rates.

5.0 GENERAL

5.1 The Consignment Agent shall be entirely responsible for supervision and controlof the establishment.

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5.1.1 The Consignment Agent may at his discretion utilise the establishment for thepurpose of dealing with the materials of some other person(s). In such asituation, the Consignment Agent shall earmark the place(s) for storage of thematerials of the Company, and shall take every step to avoid mix-up of thematerials of the Company with those of the others.

5.2 The Consignment Agent may also engage himself, from the same premises, inthe procurement and servicing of order for SAIL Customers by availing of thevarious business schemes operated by the Company.

5.2.1 The Consignment Agent may contact BM of the Company for further details andterms and conditions of business of these schemes.

5.3 The Consignment Agent shall not accept any payment from any of theCompany’s customers.

5.4 The Consignment Agent shall exhibit on the premises, in a prominent manner, aboard indicating that the ownership of the goods stored therein rests with theCompany (SAIL).

5.5 Proper care must be taken while unloading all iron and steel materials so thatno damage occurs to materials.

5.6 Any material lying in the Stockyard in damaged condition, due to faulty/improperhandling by the Consignment Agent, will be disposed off through tender. TheConsignment Agent may also participate in the said tender sale of the Companyfor disposal of such damaged materials. Assessment of damage to thematerials in such cases will be done regularly and a monthly report on damageto materials while handling by the contractor as well as damage caused duringtransportation shall be made as per procedure laid down by the company.Recovery account damage to materials from Contractor’s bill shall be made asper details mentioned at Clause 3.1,3.3,3.4 and 3.5 of Terms and Conditions

5.7 If any materials are found in bent / twisted/ defective condition during inspectionby the Company’s officer, the same should be separately stacked, in order toavoid mix-ups, from the materials received in proper / good condition kept inseparate stacks. After inspection / identification by the company’s officer, clearpaint marking should be done on such materials.

5.8 The Consignment Agent shall, as far as possible carry out all handlingoperations as mentioned in the stacking plan / handling and storage guidelineslaid down by the company from time to time as well as other instructions issuedby the company’s officer. The Consignment Agent would use the same in orderto -

A) Comply with the rules and procedures of Stockyard material handling.B) Observe all precautions to avoid hazards and instill the highest degree of

safe working habits / practices in his employee / labourers ;C) Train his working personnel / labourers to work in terms of the rules or

procedures set out by the Company.

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5.9 Mere compliance to the stipulation mentioned above will in no case absolve theConsignment Agent from any of his liabilities.

5.10 The Consignment Agent shall on no account pledge or hypothecate thematerials in the yard or deal with the same in any manner except effectingdelivery of the same on behalf of the company, as provided for hereinafter. TheConsignment Agent shall not also have any authority to make any commitmenton behalf of the company without prior written permission.

5.11 No guarantee whatsoever is given as to any definite tonnage which would beentrusted with the Consignment Agent for transportation, handling and storageat any given period of time during the entire tenure of contract.

5.12 The mere mention of any item of work in the contract does not by itself conferthe right upon the contractor to demand that item of work at all times.

5.13 The Consignment Agent shall not use the services of any of the employees ofthe Company directly or indirectly or enter into any sort of monetarytransactions with the employees of the company. Any bribe, gift, or advantagegiven, promised or offered by or on behalf of the Consignment Agent or hispartners, agents or relatives for showing or agreeing to, show favour ordisfavour to any person in relation to this contract, shall result in thetermination/discontinuation of the contract. In that event, the company shallrecover all losses or damages resulting from such termination, from any amountpayable to the Consignment Agent either under this contract or any othercontract with the Company.

5.14 The Consignment Agent shall not assign the contract or any part thereof or anybenefit or interest therein or there under (other than a change in favour of theConsignment Agent’s bankers for any money due or to become due under thiscontract) without prior written consent of the Company. The ConsignmentAgent shall not be relieved of his responsibilities under the contract even if thecompany accords prior consent to the Consignment Agent to sublet and / orassign the work or part of the work under the contract.

5.15 Consignment Agent shall follow and implement the Standard OperatingPractices (SOP), as per instructions, related to ISO quality norm, as directed bySAIL from time to time.

6.0 DELIVERY TO CUSTOMERS

6.1 The Consignment Agent shall weigh and load the Iron and Steel materials onthe vehicles placed by the company’s customers and SAIL’s authorizedtransporters in case of only door delivery against valid Sales Order(s)/ StockTransfer Order (s) issued by the Company and after taking dueacknowledgement of the customers/SAIL’s authorized transporters or their dulyauthorised representatives on the Delivery Challan(s) for the materials actuallydelivered. Any deliveries, other than as aforesaid, shall be considered asirregular / unauthorized and the Contractor shall be held responsible for any

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consequent loss (es). Delivery Challans will be issued along with TestCertificate(s) and Excise Duty certification as per instructions.

6.2 The Consignment Agent shall be responsible for loading all the trucks / trailerswhich will be taken into the yard up to the time stipulated by WHM/ officer of theCompany depending upon the day to day exigencies of work and localconditions.

6.3 Delivery shall be effected by the Consignment Agent as per the stipulations inthe Sales Order(s)/ Stock Transfer Order (s). If the materials are loaded on thetrucks / trailers, the excess quantity revealed after weighment should be offloaded and replaced at the Consignment Agent’s cost in the original stack.Delivery of any materials, not in strict conformity with the Sales Order(s)/ StockTransfer Order (s), will be treated as incorrect delivery and the ConsignmentAgent will be held responsible for any damage(s) / loss (es) suffered by theCompany on this account.

6.4 Materials removed for facilitating delivery will be kept back in the originalposition for which no extra charge will be paid. Any excess material left overnear the weighbridge after weighment shall be removed by the ConsignmentAgent to their original stacks forthwith.

6.5 Under no circumstances, the Consignment Agent or his representatives /worker / labourer shall collect any charges from the customer(s) or theirauthorised representatives or the transporter or any agency for any of theoperation performed in the course of delivery of the materials.

6.6 Loading of trucks / trailers placed by the customers for taking delivery must becompleted within the time allowed by the Company irrespective of the numberof trucks / trailers placed. The Consignment Agent shall be responsible for alldemurrage / detention and / or any other incidental loss / charges incurred /claimed by the customers due to Consignment Agent’s failure.

6.7 In case of delay beyond four (4) hours, to be computed with reference to thetime as recorded at the time of taking gross weight of the vehicle and tareweight as recorded in the weigh-bridge computer of the Contractor for anyitems, a penalty of ` 500/- (Rupees five hundred only) per day per vehicle forthe material loaded in the vehicles for delay beyond the above period shall belevied on the Contractor. The amount towards late deliveries shall be calculatedat the end of each month on the basis of records maintained by the Companyand such recoveries shall be made from the Handling Bill of the contractor. Thisclause will be applicable for delay in unloading of materials also from vehicles incase of receipts by Road under Stock transfer/quality complaints. The penaltyfor delay in loading/unloading pertaining to vehicle is applicable irrespective ofnumber of punching.

7.0 HOUSE KEEPING

7.1 The Consignment Agent will have to collect all packing materials like bindingwires, hoop, iron strips, wooden packing, etc., and report to the Company on amonth to month basis for arranging their disposal through Tender. No separate

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charges shall be payable by the Company on this account to the ConsignmentAgent. The Consignment Agent may also participate in the said Tender Sale ofthe Company for disposal of such packing materials.

7.2 The Consignment Agent shall engage responsible and experiencedrepresentatives at the warehouse, on a whole time basis to supervise the work.

8.0 LIABILITIES OF THE CONTRACTOR

8.1 The Consignment Agent will be held responsible for damage caused tomaterials, inside the CA premises by his staff, transport, equipment, etc.,employed by him or any injury / death caused to the customer(s), visitor(s) andemployee(s) in the CA Yard as also to any other third parties. The claim(s) inthis regard as assessed by the Company shall be final and binding on theConsignment Agent and shall be paid by him or deducted from his dues / bills.

8.2 In the event of the Consignment Agent‘s failure or default to provide sufficientequipment and timely labour at any time to do any of the jobs entrusted withunder the contract or in the event of the Consignment Agent unilaterallyterminating the contract, the Company shall have the right to get the work donethrough alternate arrangements, and all the charges and expenses incurred bythe Company on this account shall be recovered from the Consignment Agent,either from his bills or from any other amount payable to the ConsignmentAgent, either under this contract or any other contract with the Company; and /or by encashing the guarantees furnished under this Contract or any othercontract with the Company. In case of shortfall, the Company shall be entitledto recover the balance amount from any amount payable to any sister concern /Company, and / or by appropriating from Security Deposit and / or byencashing guarantees furnished by such sister concern / company under anycontract with the Company.

8.3 The Consignment Agent shall ensure safety of authorized visitors apart from hisemployees in the Warehouse and shall arrange Safety AwarenessProgrammes. It shall be their responsibility to provide suitable PersonalProtective Equipments (PPEs) like Helmets, Safety Shoes, Gloves etc. at theircost. Safety slogans / posters also shall be displayed at appropriate placeswithin the Warehouse. The Consignment Agent shall be solely responsible forany injury / damage that may be caused to his personnel and should provide fullmedical treatment to his staff and labour in case of accidents on duty. TheCompany shall in no manner be liable to the Consignment Agent or anymember of his staff or any other person for injuries or death caused as a resultof accidents either within or outside the yard premises in the courses of workand / or arising out of work.

8.4 Whenever the contract expires / is terminated, the Consignment Agent shall berequired to submit the following documents failing which his final payment aswell as release of EMD / Security Deposit, Bank Guarantees would be withheldtill such time the requirement mentioned below are met by him in full:

i) No demand Certificate from Railways In favour of SAIL (to be obtainedby the Consignment Agent).

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ii) Documentary evidence of ‘No Dues pending’ from statutory authoritieslike I.T., PF, ESIC and from workmen on account of wages, bonus,gratuity, leave pay, compensation to workmen and the like.

8.4.1 In case the Consignment Agent fails to submit the above mentioned documentswithin a reasonable period, the Company would be within its right to forfeit /appropriate any amount of the Consignment Agent lying with the Company tohis credit either under this contract or any other contract towards settlement ofthe claims of the above mentioned Agencies.

8.5 In the event of the Consignment Agent’s failure to execute the work under thecontract to the satisfaction of the company, the company shall put theConsignment Agent on notice calling upon him to execute / complete the workstrictly in terms of the contract, within the time stipulated in the said notice andupon the Consignment Agent’s failure to comply with the same within theprescribed time, the company shall be entitled to terminate the contract, and / oroffload the work or items of work so defaulted to any other alternate agency atConsignment Agent’s risk and costs. The Consignment Agent shall immediatelypay to the company the differential, if any, in the costs and expenses soincurred by the company, within the time prescribed by the company failingwhich the company shall recover and appropriate from any amount payable tothe Consignment Agent either under this contract or any other contract withoutany reference to the Consignment Agent; and / or by en-cashing the guaranteesfurnished under this contract or any other contract with the Company. In case ofshortfall, the Company shall be entitled to recover the balance amount from anyamount payable to any sister concern / company and or by appropriating fromSecurity Deposit and / or by en-cashing guarantees furnished by such sisterconcern / company under any contract with the Company.

8.6 On termination of the contract, for any reason whatsoever, the ConsignmentAgent will have to handover all Company’s properties and documents andobtain a clearance certificate before the Security Deposit can be claimed and /or Bank Guarantee custody cum Indemnity Bond returned / discharged. Therefund of Security Deposit, Bank Guarantee and custody-cum-Indemnity Bondwould be subject to his fulfilling the conditions as indicated above.

8.7 Any sum of money due and payable to the Consignment Agent includingSecurity Deposit under the contract may be adjusted and appropriated by theCompany and set off against any claims of the company for the payment of anysum of money arising out of this contract or any other contract.

8.8 In case Mobile Cranes are deployed, load testing for Mobile Cranes is to bedone, once in a year, based on the recommendation of the manufacturer.Expenditure on this account will be to the Contractor’s account.

8.9 The Contractor shall be required to abide by the Standard Operating Practices (SOPs),as applicable for CA, in line with ISO requirement as directed by the Company fromtime to time.

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9.0 STATUTORY COMPLIANCE

9.1 The Consignment Agent shall register his establishment under Shops andEstablishment Act of the state or Factories Act, as appropriate , before start ofbusiness / contract.

9.1.1 The Consignment Agent shall pay his labourers (male or female) not less thanthe minimum wages prescribed by the Minimum Wages Act, or such minimumwages as may be prescribed from time to time by the appropriate government inthe state/Union Territory where the Consignment Agent works.

9.2 The Consignment Agent shall perform and observe all the provisions relating tothe Employees’ Compensation Act.

9.3 The Consignment Agent shall be liable for any injury or death arising out of anyaccident either within or outside the yard in the course of work. TheConsignment Agent shall be responsible for such contingencies and will makegood all claims for compensation claimed by his / their labours / workmen orothers as adjudicated by the Tribunal / commissioner of Workmen’scompensation and / or any other Authority as the case may be under theprovisions of Employees’ Compensation Act and other relevant laws of the land.The Consignment Agent shall also indemnify the Company and pay all suchsums as may be awarded in respect of claims for compensation arising out of orin consequence of any accident of any staff or labour working under him / themas per the provisions of the Employees’ compensation act or any subsequentmodification or amendment to the said act thereof.

9.4 The Consignment Agent shall also carry out and observe the provisions of allother laws and other applicable Acts and Statutes in respect of the saidStockyard operations and also indemnify the company of any liability that maybe imposed upon the company for non-observance by the Consignment Agentof any of the provisions of the various Laws / Act / Statutes or for theConsignment Agent’s failure in ensuring the compliance as aforesaid, and shallkeep the company indemnified and reimburse and discharge all sums that maybe claimed by appropriate authorities in any manner whether as penalty, fine,levy demands or compensation fee, arising out of or consequent upon thebreach of the requirements and provisions of any statute(s), Law, Rules andRegulations by the Consignment Agent / or his representative.

9.5 The Consignment Agent shall be liable for all complaints and / or claims madeby and received from Company’s customers due to any default or negligence onthe part of the Consignment Agent or his representative or workmen.

9.6 The Consignment Agent shall provide the representative of the companysuitable office accommodation and necessary secretarial assistance in thedischarge of his duties.

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10.0 SECURITY DEPOSIT AND BOND / BANK GUARANTEES

10.1 The Consignment Agent shall furnish Security by way of two Bank Guaranteestowards value of stock held and performance separately (as per proforma atAnnexure-IA and IB) to the value of ` 5 Crore and ` 35 Lacs issued by ascheduled Bank (except Gramin / Cooperative Banks and Catholic Syrian Bank)and shall in addition to such security execute a Custody and Indemnity Bond(as per proforma at Annexure-II) in respect of materials to be despatched to andreceived in the CA Yard. The BGs / PGs shall be printed on non-judicial stamppapers of appropriate value and the same shall be purchased in the name ofeither SAIL or in the name of the Bank issuing BG / PG.

10.1.1 If the Company suffers any losses or damages due to any negligence and / ornon-performance of the obligations under the contract by the ConsignmentAgent, the Consignment Agent shall on demand pay to the company thespecified sum. However, the Company reserves the right to recover suchlosses and / or damages by enforcing the Bank Guarantees as well as theCustody and Indemnity Bond and / or from any of the Consignment Agent’s Billspending for payment with the company without prejudice to any other legalremedies / recourse available to the company to proceed against theConsignment Agent for recovering such losses / damages.

10.1.2 The decision of the Company as to the amount of loss (es) / damage(s) sufferedby the company shall be final and binding upon the Consignment Agent. TheBank Guarantees / Custody and Indemnity Bond shall be released only after theexpiry / termination of the contract and satisfactory performance of the work andon completion of all obligations by the Consignment Agent under the contractterms.

10.1.3 The Earnest Money Deposit as applicable, furnished by the successful tendererat the time of tendering will be converted into Security Deposit. The Depositalong with BGs will be released to the Contractor on termination/expiry of thecontract on his production of :-

i) No demand certificate from Railways in favour of the Company (to beobtained by the Consignment Agent).

ii) No pending demands from statutory authorities like Income-tax, Service-tax etc.

iii) NO CLAIMS CERTIFICATE in favour of the Company in the proforma asper Annexure-III

10.2 In the event of BGs being inadequate or fully en-cashed, the balance of the totalsum recoverable shall be deducted from any sum due to the ConsignmentAgent under this or any other contract with the company. Standard format, asgiven in Annexure-I is enclosed, which may be submitted by the ConsignmentAgent towards recovery on account of shortages.

10.3 The Earnest Money Deposit as applicable, furnished by successful tenderer atthe time of tendering will be converted into Security Deposit. The Security

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Deposit will be refunded to the Consignment Agent on expiry or termination ofthe contract and on production by him of “No Claims Certificate” as per clause8.1 to 8.7 of Terms & Conditions of Contract to the effect that no other claims byhim are pending for consideration by the Company. The Security Deposit shallnot carry any interest.

10.4 Upon any default by the Consignment Agent in the observance or performanceof work under the contract, the company may without notice and withoutprejudice to any other right, recover the amount(s) and appropriates the samefrom the Security Deposit and or the B/G and the Custody and Indemnity Bondtowards the settlement of all loss or damage.

10.5 The CA may be advised by the company to take an insurance policy ofappropriate value to cover the risk of burglary in respect of materials of thecompany kept inside the CA yard. This policy will be activated only after BGlimit (given by the CA) is exhausted. The amount of cover under such burglarypolicy may be required to be extended if and when necessary. In exceptionalcases, SAIL may also take the insurance policy and adjust the insurancepremium amount from the CA’s bills.

11.0 LOSSES / DAMAGES

11.1 The Consignment Agent shall be responsible for all losses / damages /deterioration caused to the materials, when the materials are in ConsignmentAgent’s custody, including losses if any, caused during transportation andhandling by the Consignment Agent. The Consignment Agent is to accept theCompany’s practice of determination of weight for despatch by the Plants /Stockyards and for despatch by the Company’s Transport & Shipping Branchesand for deliveries / despatch from the Company’s Stockyards / ConversionAgents premises etc., as prevailing from time to time.

11.2 The Consignment Agent shall not hypothecate and / or charge and / orencumber in any manner whatsoever the materials despatched to / stored byhim either in full or in part to any bank, a financial institution or association(s) orCompany or firm as security or otherwise.

11.3 The Consignment Agent shall not suffer any injunction and / or attachment and /or appointment of Receiver in respect of the Company’s materials despatchedto / stored by him.

11.4 No cognizance will be taken by the Company of the cases where Railwaysrefuse to accede to the Consignment Agent’s request for open delivery ordelivery after reweighment or for issue of shortage certificate or for witnessinginspection, by independent surveyor. It will be Consignment Agent’sresponsibility to handle such cases.

11.5 Materials received by Rail either at public or private siding :-

11.5.1 The Consignment Agent has to account for total weight charged in theConsignment Advice(s) / Stock Transfer Challan(s). The materials shall bedeemed to be in the Consignment Agent’s custody as soon as the Railway

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receipts / Plant Consignment Advices/Stock Transfer Challan(s) are handedover to the Consignment Agent by the Company, irrespective of the factwhether the materials are in transit or are actually received by the ConsignmentAgent. The receipt of materials shall be accounted for by the ConsignmentAgent on the basis of the quantities despatched by the Company as per theConsignment Advices / Stock Transfer Challan(s) issued by the Company. TheConsignment Agent shall be accountable to the Company for the entire quantityas mentioned in the Consignment Advices / Stock Transfer Challan(s). In theevent that materials arrived at the public booking point/private siding of the CApremises, as the case may be, and documents like Consignment Advices /STTR Challan(s) are still not available, the CA shall have to assume custody ofthe material. In the absence of Consignment Advices, for Rail dispatches,necessary Indemnity Bonds, duly issued by authorized representative of theCompany, will have to be submitted to the Rlys by the CA for taking duedelivery of the materials.

11.5.2 As regards the determination of shortfall in accounting of quantities by theConsignment Agent, an account will be worked out annually separately for Pig Iron,Long Products of Steel and Flat Products of Steel on the basis of annual SCSS asfollows : -

(i) The Company would allow the maximum percentage of shortage as per thefollowing on the total deliveries of Pig Iron, Long Products and Flat Productsrespectively during the financial year :

(a ) Pig Iron 1.8 %(b) Long Products of Steel 0.20 %

(Steel Ingots, Billets & Squares, other Re-rollables, Plain Rounds, TMTBar/Coils, WireRods – Plain / EQ, Lt Structurals, Md Structurals, Hy Structurals, Rly Materials, others,Scrap & Cutting).

(c) Flat Products of Steel 0.15 %(HSM Plates, PM Plates, HR Coils, Skelp, HR Sheet, CR Coil, CR Sheet, GP

Coil/Sheets, GC Sheets, Electrical Sheets, Tin Plates, Pipes, Others, Scrap &Cutting).

For arriving at the net excess / shortage of Long Product Group and Flat ProductGroup, inter-category adjustment of excesses and shortages within respectivegroup of Long Product and Flat Product are to be made.

However, adjustments will not be allowed between the two groups of products,i.e., Long Product Group and Flat Product Group.

(i) The net shortage or Excess shall be arrived as under :-

Total shortage minus Total Excess = Net Shortage / Net Excessseparately for Pig Iron, Long Products and Flat Products.

NOTE:

(A) If net shortage arrived as above is within permissible shortage allowanceof 1.8% for Pig Iron, 0.2% for Long Products and 0.15% for FlatProducts, the same shall be ignored and no deduction to be made.

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(B) If net shortage arrived as above is beyond the permissible limit ,allowance as per permissible limit will be deducted from net shortage andbalance shortage will be recoverable.

(C) If net excess is arrived at (ii) above, the same would be carried forwardto entire period of operations as mentioned at clause 11.5.6 below. Insuch a case, no shortage allowance is permitted.

11.5.3 The value of shortages and excesses that may arise from time to time duringthe tenure of the contract will be worked out as under : -

11.5.3.1 The value of shortages and excesses will be assessed annually separately forPig Iron, Long Products of Steel category-wise and Flat Products of SteelCategory-wise as per details given under Clause No. 11.5.2, at the weightedaverage price for the respective product group delivered during the year basedon the annual Stock-cum-Sales Statements for the respective years asprepared by the Company for Rail dispatch. Such weighted average prices perton of Steel Long Product Group category-wise and Steel Flat Product Groupcategory-wise, as also of Pig Iron, will be separately worked out by dividing thetotal value of sales of steel group category-wise and pig iron delivered duringthe year by the Consignment Agent by the total quantity of steel group category-wise and Pig Iron delivered separately.

11.5.4 The total value of the net shortages / excess shall be arrived at by summing upthe Group Category-wise value of net shortage / excess as detailed above.

11.5.5 At the close of the year, if any amount becomes recoverable because of netshortage, the Consignment Agent shall immediately pay the same to theCompany on demand. Alternatively he will be required to submit a Security tocover the amount of shortage involved by way of Bank Guarantee (as perAnnexure-I) / Undertaking etc., at the option of the Company, until recovery /adjustment of the dues against future excess generated, if any.

11.5.6 At the close of the year, if there be a minus figure worked out as above, due tothe value of excess being more than the value of the shortage, it shall not bepayable by the Company to the Consignment Agent; but it shall be adjustedagainst the amount that may become recoverable from the Consignment Agentin the subsequent years on the basis of similar calculations.

11.5.7 The figures of excess as well as shortage worked out as above will becumulated at the end of every year taking into account the figures for all earlieryears right from the inception of the current contract. Such figures shall becollated and would be drawn up for the entire period of the original contract plusextensions if any, on the same terms and conditions.

11.5.8 At the end of this period if there is a cumulative minus figure thereby indicatinga net excess during the tenure of the contract, the amount shall not be payableto the Consignment Agent. On the other hand, if at the end of this period, anyamount becomes recoverable because of net shortage, the Consignment Agentshall pay the sum immediately to the Company on demand.

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11.5.9 Amounts recovered if any, from the Consignment Agent, as mentioned above,shall be adjusted accordingly at the time of final settlement of accounts at theend of the original Contract period plus extensions if any, on the same termsand conditions.

11.6 Material received directly by truck/trailers at the stockyard.

11.6.1 In case of materials received directly by truck/trailers, CA shall take gross andtare weight of the incoming trucks / trailers and ascertain the net weight of thematerials received. The CA shall record the same as acknowledged on thereverse of the lorry receipts (LR) that have been handed over to the driver of thetruck. The CA shall retain the photocopy of his endorsement as proof ofreceiving materials. The Consignment Agent shall be accountable to theCompany for the actual quantity received and recorded in the photocopy of hisendorsement on the reverse of lorry receipts (as mentioned above). Anyshortage arising thereafter shall be on account of the Consignment Agent andno allowance for shortage would be applicable. Consignment Agent shallsubmit a monthly statement in the following format :-

For materials received by Truck/Trailers :

Truck /Trailer No.

WAR No. Date ofarrival

Plant Product Size &Quality

1 2 3 4 5 6

ConsignmentAdvices/STTRChallan weight

Weight at thetime of receipt

Issues Shortage(+)Excess(-) at

Wagon closure stage7 8 9 (8 - 9)

11.6.2 In the above statement, the consignment agent will be liable to pay the value ofthe shortage on product wise, plant wise basis. The value of the shortage shallbe based on the weighted average selling price of the product plant wisecomputed at the closure of the year as per SCSS or in case of period being lessthan 1 year, weighted average selling price of the product will be calculated asper the SCSS for the plant and product. .However, a track on such shortageswill be kept month wise as per the proforma mentioned at clause 11.6.1 above.The consignment agent shall pay the value of total shortage on demand or theamount will be recovered from his pending bills or any other dues.

12.0 GENERAL (On Shortage Aspect)

12.1 The Company reserves the right to claim the amount due on account of netshortage, at any point of time, during the tenure of the contract (i.e. originalperiod plus extensions if any at the same terms and conditions), and theConsignment Agent shall immediately pay the same to the Company ondemand.

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12.2 The Company also reserves the right to recover the amount due on account ofshortfall in the quantities accounted by the Consignment Agent from theConsignment Agent’s bill(s) and / or any other amount due from the Companyto the Consignment Agent or by the means as specified in clause 10.5 above.

12.3 The Consignment Agent shall keep proper records of all the materialsdispatched to the CA Yard and render such account of stocks wagon-wise /vehicle-wise or lot- wise / category-wise, etc. as prescribed from time to time.

13.0 REPORTS / RETURNS

13.1 The Consignment Agent shall maintain and furnish all information required bythe Company from time to time and also furnish monthly / fortnightly / weeklyreport as prescribed by the company, giving details of opening balance,quantities received, quantities delivered, shortages / excesses on completion oflots or by stock verification, closing balances and wagons / vehicles in transit,as per proforma / registers prescribed by the company for the purpose fromtime to time. The representatives of the Company shall have free access toinspect all such records at any time.

13.2 The Consignment Agent shall also be responsible to place these Books ofAccounts, Registers & Records for audit at anytime by the company’s Auditors /representatives / Stock Verifiers and render all assistance to the auditors / stockverifiers in the work, including verification / weighment of incoming / outgoingmaterials as well as materials in-stock. For physical handling of stocks for stockverification, the Consignment Agent will be paid at the rates indicated in theSchedule of Operations and Rates. At the end of the year, these books,registers and records shall be handed over by Consignment Agent to theCompany to be kept in the custody of the Company. The Consignment Agentshall at the end of the financial year of the company, which is presently as on31st March of each year, certify the closing stocks of the materials in hiscustody, including Wagons / vehicles in transit in the proforma prescribed by theCompany.

14.0 RATES PAYABLE AND ESCALATION

14.1 By submitting a quotation, the Consignment Agent shall be deemed to havefully familiarized himself with all operations and requisite data in connection withthe contract. After the tender is accepted, no claim will be entertained forenhancement of the rates or otherwise on account of the work involved on anyground whatsoever.

14.2 The Company shall pay the Consignment Agent a consolidated rate as quotedin the Schedule of Operations and Rates per M/T in respect of materialsdelivered to the Company’s customers or to anyone, on the order of theCompany, as the case may be. The Consignment Agent shall submit bills basedon the rates approved for the operations performed by him and as certified bythe Warehouse Manager / designated Executive as per the rates approvedwhile awarding the contract. The bills will show Registration No. of theConsignment Agent and element of Service Tax and Education Cess separatelyin addition to consignment agency charges. Such bills will be submitted within

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seven days of expiry of each calendar month. The Company shall endeavour torelease payment within :

a) Thirty days of receipt of each running bill along with the requisitedocuments

b) Sixty days for payment of final bill after completion of all the formalitiesas per the terms of the contract.

(i) Payment of Service Tax against first bill shall be made if the bill of theConsignment Agent shows the following –

(a) Service Tax Registration No. of the Consignment Agent.

(b) Element of Service Tax and Education Cess separately in additionto consignment agency charges.

(ii) The first bill shall be released on fulfillment of above conditions.However for clearance of subsequent running bills apart from fulfilling theabove conditions, the Consignment Agent shall have to submit the proofof deposit of Service Tax to the department in respect of cleared bill ofimmediate previous month. However, before release of payment ofService Tax of the final bill the Consignment Agent shall deposit theService Tax for final bill and shall submit the proof of payment to SAIL.

14.3 All handling and / or transportation costs are included in the rates(quoted by thetenderer and approved by the company) and no other charges will beadmissible for these operations. Bending and Repacking charges will be as perpre-determined rate mentioned by SAIL in Schedule of operation and the sameshall be binding upon contractor to perform the operation.

14.4 The Company does not undertake to pay any compensation to theConsignment Agent for any expenses incurred by the Consignment Agent,either by way of rent rates, taxes or otherwise, on any premises utilized by theConsignment Agent for operation of this contract, in the event of the contractbeing terminated for any reason before the end of the period of the contract orbefore the end of the Consignment Agent’s arrangement of lease / other termsfor those premises.

14.5 The company shall pay / reimburse to the Consignment Agent if paid by theConsignment Agent, all local taxes like Octroi, etc., if any levied by appropriateauthorities on company’s materials by reason of their entry into the areacovered by this Contract. The Consignment Agent, however, shall beresponsible to claim from the concerned authorities any refund / rebate on suchtaxes / levies as may be allowable under the applicable Acts / Rules, on behalfof the company and intimate the company and pass on the moneys sorecovered to the company. Should the Consignment Agent fail to claim suchrefunds / rebates as admissible, the amounts lost by the Company due toConsignment Agent’s failure shall be recoverable from the Consignment Agent.

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14.6 The consolidated rates will be revised as per the formula given hereunder on 12monthly basis every year. There shall be no escalation for the first year ofoperation. The first revision will take place for the period starting immediatelyafter completion of 12 months from the date of actual commencement of workas mentioned in work order /agreement. However, the bill towards thedifferential amount on account of escalation shall be submitted upon completionof an escalation period on yearly basis. However, no escalation is payable forthe pre-fixed rates and stock verification given at Schedule of operations andrates.

14.7 The consolidated rates will be broken into four components as indicatedbelow:-

Component % age covering situationat 1.1.2 above (**)

% age covering situationat 1.1.1 & 1.1.3 above (**)

Labour 5% 5%Fuel 40% 25%

Overhead 40% 55%Profit 15% 15%Total 100% 100%

(**) REFER INSTRUCTIONS TO TENDERERS)

14.8 The Consignment Agent will be deemed to have quoted with reference to baseindices as below :-

i) Labour : Minimum of statutory wage applicable as notified by localauthorities in the concerned area, 60 days prior to the closing date ofreceipt of tenders for the nature of operations involved. As regards,components of the salaries and expenses towards crane operators,supervisory staff etc., same has been taken under the component of overheads.

ii) Fuel Charge : The retail selling price of diesel 15 days prior to theclosing date of receipt of tenders, at the nearest petrol / diesel fillingstation run by or authorised by the Indian Oil Corporation.

iii) Overheads : The applicable Index No. will be the one applicable tomachinery and machine tools, and transport equipment and parts on asimple average basis to determine the applicable indices for escalationon account of overheads. Further, applicable indices would be on RBIIndex Numbers of Wholesale Prices in India – by Groups & Sub-groups(Averages) applicable to the month in which 60th day prior to closing dateof receipt of tender falls.

14.9 The escalation will be given effect after every 12 months from the date ofcommencement of work and will be calculated based on the base indices asindicated above and the indices for minimum wages and RBI Index prevailing60 days and for fuel prevailing 15 days prior to the date of escalation i.e.completion of every 12 months.

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14.10 Escalation or adjustment of rates in respect of the component relating to“Overheads” will however be calculated with reference to :

a) 40% of the amount of the component mentioned in clause 14.7 where theInfrastructure is provided by the Consignment Agent.

b) 35% of the amount of component mentioned in clause 14.7, whereinfrastructure is provided by the Company.

14.11 The component relating to the profit will not be subject to any escalation oradjustment during the tenure of the contract.

14.12 Adjustment in rates will involve both upward and downward revision dependingon the fluctuation in the indices.

14.13 In respect of fuel, 60% will be neutralized. It would mean that 60% of theincrease / decrease in fuel price will be payable to / recoverable from thecontractor while the balance 40% shall be to their account.

15.0 TENURE / TERMINATION OF THE CONTRACT :-

15.1 Tenure of the contract shall be for a period of 7 years from the effective datewhich will be the date mentioned in the Work Order / Agreement. TheCompany shall have the right to extend the contract period up to three yearsonly, in installments if felt necessary, on the same rates, terms and conditionsand the contractor shall be bound to carry out the work during the period ofextension without any reservation. However, the escalation will be applicableduring the extension period as per the terms mentioned above at clauses from14.6 to 14.13.

15.2 The Company shall have the right to terminate the contract at any time duringthe currency of the contract (both during initial period and extended period) byserving 90 (ninety) days notice in writing without assigning any reasonwhatsoever and without payment of any compensation.

15.3 In the event of Contractor’s failure to discharge duties / obligations strictly in themanner stipulated in the contract, the Company shall have the right to terminatethe contract after giving 30 (thirty) days notice to cure the breach. In the eventof his failure to do so, Company can terminate the contract and forfeit theSecurity Deposit and PG Bond. The decision of the Company as to the failureof the contractor to discharge his / their obligations strictly under the contract,shall be final and binding upon the contractor.

15.4 In the event of the contract being not renewed or being terminated in exercise ofthe rights under the clauses mentioned above, the Consignment Agent shall notbe entitled to claim any special or general damages from the company onaccount thereof.

15.5 The decision of the Company regarding consignment agent’s failure todischarge his obligations under the contract strictly as per the terms and

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conditions of the contract shall be final and binding upon the consignmentagent.

16.0 ALTERNATIVE ARRANGEMENT

16.1 If at any time during the continuance of this Contract, the company is of theopinion that in the best interest of its business, it is necessary to takepossession of the materials from the Consignment Agent’s custody, theCompany may forthwith issue notice to the Consignment Agent and takepossession of the materials by physically removing the materials to such placesas the company may decide in this regard.

16.1.1 The Consignment Agent, however, will be entitled to claim the charges as due tohim under the provisions of the contract up to the point of final removal of thematerial from his premises. The Consignment Agent shall extend allcooperation as may be required by the Company in exercise of its right tosecure its materials.

16.2 The company may also, if necessary, and if the exigencies of situations sowarrant, make its own security arrangement over the materials in addition to thearrangement of the Consignment Agent. This however, will not absolve theConsignment Agent from his duties and responsibilities under the contract.

17.0 LIABILITIES / OBLIGATIONS ON EXPIRY / TERMINATIONS :

17.1 Notwithstanding the expiry / termination of the contract the liabilities andobligation of both company and the Consignment Agent as set out herein willcontinue to be in force, until all the materials supplied / despatched by thecompany to the Consignment Agent up to the date of the said expiry /termination are delivered by the Consignment Agent. After termination / expiry,of the contract, the materials if any, lying in the Consignment Agent’s yard shallbe lifted by the company within two months from the date of the termination ofthe contract and the Consignment Agent shall be responsible to arrangedelivery of the materials as directed by the company for which the ConsignmentAgent shall be entitled to claim remuneration as is due to him under theprovisions of the contract.

17.2 In the event, the same person is appointed again as Contractor and operatefrom the same premises, the ground stock will be transferred as an openingstock for the new contract and in case the entire ground stock is not disposed ofeven after expiry of two months, the Contractor will be entitled to the rate fordelivery as per new contract, but other components of handling rate will be asper the rates under the old contract.

18.0 RESOLUTION OF DISPUTES

18.1 In the event of any dispute/ difference arising between the parties relating to orarising out of the Contract, the parties shall endeavor to resolve such disputethrough conciliation as per provision of the Arbitration and Conciliation Act –1996.

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19.0 CONCILIATION

19.1 Any dispute or difference whatsoever arising between the parties relating to orarising out of Contract, shall be settled first by conciliation in accordance withthe provision of the Arbitration and Conciliation Act – 1996 and the Settlementso rendered between the parties in pursuance thereof shall be final and bindingon the parties.

19.2 Arbitration

19.2.1 In case conciliation fails, all questions, claims, disputes or differences of anykind whatsoever arising between the parties relating to or arising out of thecontract shall be referred by the parties hereto for the decision by a SoleArbitrator to be appointed as hereinafter mentioned.

19.2.2 The notice regarding the invoking of the arbitration clause shall be served byregistered post and addressed to the Chief Executive of Central MarketingOrganization, Steel Authority of India Limited, Ispat Bhawan, Lodi Road, NewDelhi.

19.2.3 Matters in question, dispute, claim or differences other than the exceptedmatters shall be referred for decision to a Sole Arbitrator to be appointed by theChief Executive of Central Marketing Organization, Steel Authority of IndiaLimited, (by whatever name he may be designated at the relevant time).However, before appointing the Sole Arbitrator, the Chief Executive of theCentral Marketing Organization, Steel Authority of India Limited, shall notify thecontractor three names out of which one can be appointed as the SoleArbitrator with the consent of both the parties, failing which after 15 days of theissuance of the letter informing three names, the Chief Executive shall have thepower to appoint one of the persons out of the three names so notified as theSole Arbitrator, which will be final and binding on both the parties.

19.2.4 In this clause, the expression, the Chief Executive of Central MarketingOrganization, Steel Authority of India Limited, means the Director (Commercial)or any other person delegated to exercise the authority and the power of theDirector (Commercial) due to his absence on duty or due to his non-availabilityfor any reason whatsoever.

19.2.5 The Arbitrator, so appointed, shall adjudicate upon all the disputes between theparties hereto.

19.3 Excepted matter as per the contract shall not be the subject matter ofConciliation/ Arbitration.

19.3.1 The Arbitrator shall hear the cases independently and impartially and shall notrepresent the interest of any party.

19.4 The venue of the Arbitration shall be the place where the Contract isconcluded, or at Kolkata being the Headquarters of the Central MarketingOrganization of SAIL. The venue of Arbitration shall be convenient to both theparties to the Arbitration.

19.4.1 The question of procedure for conduct of the arbitration proceedings shall bedecided by the Arbitrator in consultation with the parties before proceedings

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with the reference. The Arbitrator may hold preparatory meeting(s) for thispurpose. In the preparatory meeting(s) as aforesaid, the Arbitrator inconsultation with the parties shall also determine the manner of takingevidence, the summoning of the expert evidence and all such matters for theexpeditious disposal of the arbitration proceedings.

19.5 The Court at JAIPUR shall have jurisdiction over all matter of dispute.19.5.1 The provision of the Arbitration and Conciliation Act, 1996 and the rules framed

thereunder, if any, and all modifications/amendments thereto shall deem toapply and/or be incorporated in this contract as and when such modification /amendments to the Act/Rules are carried out.

19.6 Work/supply under the contract shall be continued by the Contractor/ supplier,under the Contract during the arbitration proceedings and recourse to arbitrationshall not be bar to continuance of the work or supply.

20 BANNING OF BUSINESS DEALINGS20.1 SAIL reserves its right to ban business dealings if the bidder / tenderer /

Consignment Agent is found to have committed misconduct as also to suspendbusiness dealings pending investigations. Further, in case the ConsignmentAgent, his partner, member, servant, labour, agent, representative and / or anyperson working for and on behalf of the Consignment Agent is found involved inany un-authorized, or wrongful removal of material not sold, or in any attemptfor such removal, this shall amount to breach of contract as well as misconductcaused by the Consignment Agent and company shall be entitled to forfeit theentire security deposit and any other amounts, money or material that may belying with SAIL at the risk and cost of the Consignment Agent in addition tobanning of the business dealings as mentioned above. The guidelines regardingbanning of business dealings are placed at Annexure- XVII.

20.2 The Consignment Agent shall be further liable for all the losses that might becaused to SAIL on account of any of the Breach of Contract and/or misconductas stated above.

20.3 The decision of the Chief Executive of the Central Marketing Organisation, SteelAuthority of India Ltd. will be final and binding on the contractor on all suchcases.

20.4 The expression, the Chief Executive of Central Marketing Organisation, SteelAuthority of India Ltd., means the Director (Commercial) or any other persondelegated to exercise the authority and the power of the Director (commercial)due to his absence on duty or due to his non availability for any other reasonwhatsoever.

20.5 Notwithstanding anything contained in clause 15 of the terms and conditions ofcontract, the company shall reserve its right to terminate / shortclose thecontract summarily in case on inquiry it is found that the contractor hascommitted misconduct / malpractice in connection with the present contract. Inthat event, the company shall reserve its right to suspend business dealings inrelation to other contracts also.

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20.6 In case it is found on inquiry that the contractor has committed malpractice /misconduct, the company shall have the right to suspend business dealingforthwith and as a result the contract shall stand terminated / short-closed withimmediate effect.

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Steel Authority of India LimitedBranch Sales Office

Landmark, 4th Floor, S-16-A, Mahavir MargOpposite Gujrati Samaj, C-Scheme

Jaipur – 302001

DescriptionSCHEDULE OF OPERATIONS & RATES

SlNo Description of work Steel

Estm qty (MT) Rate per MT (`)1a) Unloading of materials at the

KANAKPURA (KKU) public siding / at theprivate siding inside the CA Yard,transportation of materials and unloadingat CA Yard in the appointed place,Stacking (incl. Marking/Painting) ofmaterials as per stacking plan / storageguide-lines and Loading into customers’Vehicle, for delivery with weighment andnecessary documentation.

1,30,000

1b) Unloading of materials from the incomingtrucks/ trailers inside the CA Yard at theappointed place, Stacking (incl. Marking/Painting) of materials as per the stackingplan / storage guidelines and Loading intoCustomers’ Vehicles, for delivery withweighment and necessary documentation.

43,000

2 Stock Verification As explained in the NOTE hereunderat (xi)

3 Bending Charges for Bars & Rods Upto 25mm dia Above 25mm dia` 100/- PMT ` 150/- PMT

4 Re-packing Charges ` 300/- Per pack

NOTE –

i) Estimated quantities are with reference to the First year of operations.

ii) Only one consolidated rate excluding Service Tax and Education Cess coveringall major operations (viz. unloading, transportation, stacking and delivery) to bequoted for each schedule i.e. 1(a) and 1(b).

iii) If materials are received by RAIL(public/private siding),rate for stacking(including marking / painting) would deem to be 25% of the consolidated rate foreffecting deduction towards this operation if not performed or not desired to beperformed by the Company. In case material is received by Consignment Agentby ROAD through authorized transporter of SAIL or customers, rate of stackingincluding unloading will be 50% of consolidated rate at 1(b) under “SCHEDULEOF OPERATIONS AND RATES”.

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iv) In case of direct deliveries from the public siding, the rate for this operationwould be deemed to be 30% of the consolidated rate at 1(a), irrespective ofwhether material is first unloaded on the ground and then loaded into thevehicle or material unloaded from wagon and directly into the vehicle with-outtouching the ground. However, this operation will be carried out only on thespecific instructions of the company.

v) Rate for transportation in respect of Schedule1 (a), in case of Private Sidinginside the CA Warehouse, would deem to be 25 % of the consolidated rate foreffecting deduction towards this operation if not performed or not desired to beperformed by the Company.

vi) Unloading would include hand shunting If necessary.

vii) Marking denotes Marking of Wagon /truck numbers W.A.R. No. & date ofarrival, size, specification of materials & name of despatching Plant/Stockyard.

viii) Cost of paint etc. for marking & painting will have to be borne by theConsignment Agent since this is a part of stacking.

ix) No separate charges shall be paid for Sorting, as Sorting is a part of stacking.

x) The materials brought to the weighbridge / weighing-scales in excess of therequired quantity shall have to be put back at the original place by theConsignment Agent. No separate charges are admissible for this operation.

xi) Rates for stock verification shall be paid @ 50% of the consolidated rates givenfor the operation listed at Sl 1(a) or 100% of the consolidated rates quoted forthe operations listed at Sl 1(b) of the schedule of rates where all materials arereceived by ROAD only.” However, no escalation is payable on stockverification.

xii) Bending, stock verification & Re-packing charges will be payable only ifperformed at specific instructions of SAIL.

xiii) The quantities mentioned herein are only indicative for the purpose ofevaluation.

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ANNEXURE-I

BANK GUARANTEE TO COVER SHORTAGE

(ON NON-JUDICIAL STAMP PAPER OF APPROPPRIATE VALUE)ToSteel Authority of India Ltd.Central Marketing OrganisationIspat Bhavan40 Jawaharlal Nehru RoadKolkata 700 071.

Dear Sirs,

1 In consideration of Steel Authority of India Limited, a government Company, registeredunder the Companies Act, 1956, having its registered office at Ispat Bhavan, Lodi Road,New Delhi - 110003 and also having , interalia, one of its Branch Sales Offices atLandmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite Gujrati Samaj, C-Scheme,Jaipur - 302001 (hereinafter called 'The Company') which shall include its successors andassignors having agreed to accept this Guarantee towards the recoverable amount due tonet shortage in connection with the Contract dt………. For shortage and handling of ironand steel materials at the instance of ……………………the Consignment Agent, We,(Name of the Banker) do hereby undertake to pay to the Company an amount notexceeding ……………………only in the event of the Consignment Agent's failure to payup the said amount on demand made by the Company as per the terms and conditions ofthe said Contract.

2 Now, therefore, in consideration of the premises aforesaid and at the request of theConsignment Agent, we, ………Bank of India………..Branch……….., a Bank organisedunder the laws of India and having its registered/head office at……..(hereinafter called"the Bank") so as to bind ourselves and our successors and assignees, do herebyirrevocably and unconditionally undertake to pay to you, the Company, on demand inwriting without demur or protest and irrespective of any contest or dispute between yourgoodselves and the Consignment Agent and without any reference to the ConsignmentAgent, any sum of money at any time or from time to time demanded by the Companyupto an aggregate limit of ……………………only On account of any loss/damage duefrom the Consignment Agent to the company. We further agree that as between us andthe company for the purpose of this guarantee/undertaking, any notice of demand by thecompany towards loss or damages and any amount claimed on account thereof, as to thefactum of the loss or damages shall be final and binding and the amount payable by us tothe company hereunder relative thereto. We further agree that this guarantee shall begoverned by and construed in accordance with Indian laws.

3. We, the said Bank, further agree that the Company has the fullest liberty withoutour consent and without affecting in any way our obligations hereunder, to vary/modifyany of the terms and conditions of the Contract referred to above and we shall not berelieved of our liability under this Guarantee by reason of any such variation/modificationof the Contract.

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4. We, the said Bank, further agree and affirm that this Guarantee shall be valid andeffective upto………………… and we further agree that the Guarantee herein shall not beaffected by any change in the constitution of the Consignment Agent or in the event of anychange in the constitution of the Bank in any manner.

For & on behalf of (name of the Bank)(name)Duly authorized by the …..Bank issued under banker's sealAnd authority

ACCEPTED

( ………………….)

For Steel Authority of India Limited

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ANNEXURE-IA

BANK GUARANTEEFOR SECURITY OF MATERIALS

(FROM SCHEDULE BANK EXCEPT GRAMIN / COOPERATIVEBANKS AND CATHOLIC SYRIAN BANK)

(On non-judicial stamp paper of appropriate value to be purchased in the name of the issuing Bank)ToSteel authority of India LimitedBranch Sales OfficeLandmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite Gujrati Samaj, C-Scheme, Jaipur – 302001

1. In consideration of Steel Authority of India Limited, a Government Companyincorporated under the Companies Act, 1956 having its registered Office at Ispat Bhavan,Lodi Road, New Delhi – 110 001 and also having interalia, one of its Branch Sales officeat Landmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite Gujrati Samaj, C-Scheme,Jaipur - 302001 (hereinafter called `the Company’) having agreed to accept thisGuarantee for due security and safe custody of the materials despatched to M/s……………………….. (hereinafter called “the said Consignment Agent”) for handling andstorage of the Iron & Steel materials under the ‘Letter of Intent’ dated ……………(Hereinafter called “the said ‘contract’ which expression shall include any formalagreement entered into subsequent thereto or in supersession thereof and allmodifications to amendments in the said ‘contract’) made between the Company and thesaid Consignment Agent for handling and storage of the Iron and Steel materials coveredunder the said ‘contract’, on furnishing a Bank Guarantee for Rupees Five crores (`5,00,00,000/-) only, we ……………….. (Name of the Bank) ………. (hereinafter referredto as “the Bank”) do hereby undertake to pay to the Company an amount not exceedingRupees Five crores (` 5,00,00,000/-) only against any shortage, loss, damage anddeterioration caused to or suffered by or would be caused to or suffered by the Companyin respect of the said materials by reason of any breach (es) of any of the terms andconditions contained in the said ‘contract’, or for any reason whatsoever.

2. We ………………………………………. do hereby undertake to pay (name of theBank) the amount or amounts due and payable under this Guarantee from time to time upto the extent of Rupees Five crores (` 5,00,00,000/-) only without any demur / protest /question, merely on receipt of a demand from the Company stating that the amount (s)claimed is / are by way of loss or damage caused to / suffered by or would be caused toor suffered by the Company in respect of the said materials by reason of any breach ofany of the terms and conditions contained in the said ‘contract’ by reason of theConsignment Agent’s failure to perform the said agreement or for any reason whatsoever.Any such demand made on the Bank shall be conclusive as regards the amount oramounts due and payable by the Bank after this Bank Guarantee.

3. It is hereby expressly agreed and declared that the Company shall have the fullestliberty to claim payment of the amount or amounts from time to time under this Guaranteesubject to the ceiling limit of Rupees Five crores (` 5,00,00,000/-) only, as referred toabove and this guarantee shall not become invalid or infructuous because of the partialdemand(s) made by the company upon us for payment under the circumstances

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stipulated hereinabove and it is further declared that this Guarantee shall hold good infavour of the Company to the extent of the balance amount covered under this guarantee.It is further agreed and declared that the Company shall be the sole judge of and as towhether the said Consignment Agent has committed any breach or breaches of any of theterms and conditions of the said ‘contract’ the extent of loss and damage, caused to orsuffered by or that may be caused to or suffered by the Company on account thereof andthe decision of the Company that the said Consignment Agent has committed suchbreach or breaches and as to the amount or amounts of loss and damages shall be finaland binding on us. Any such demand or demands made on the Bank shall be conclusiveas regards the amount due and payable by the Bank under this Guarantee. However, ourliability under this guarantee shall be restricted to an amount, not exceeding Rupees Fivecrores (` 5,00,00,000/-) only.

4. We, the said Bank, further agree that the Guarantee herein contained shall remainin full force and effect during the period that would be taken for the performance of thesaid ‘contract’ and that it shall continue to be enforceable till all the dues of the Companyunder or by virtue of the said agreement have been fully paid and its claims satisfied ordischarged or till the Company certifies that the terms and conditions of the said ‘contract’have been fully and properly carried out by the said Consignment Agent and accordinglydischarges this guarantee. Unless a demand or claim under this guarantee is made on usin writing on or before the …………………. (i.e. six months after the date of expiry of thesaid ‘contract’ and payment is made by us, we shall be discharged from our liability underthis guarantee thereafter.

5. We, the said Bank, further agree that the Company shall have the fullest liberty,without our consent and without affecting any manner our obligations hereunder containedto vary / modify any of the terms and conditions of the said ‘contract’ or to extend time ofperformance from time to time or to postpone for any time or from time to time any of thepowers exercisable by the Company against the said Consignment Agent and to forbearor enforce any of the terms and conditions relating to the said agreement and we shall notbe relieved of our liability by reason of any such variation / modification or extension beinggranted to the said Consignment Agent or for any forbearance, act or omission on the partof the Company or any indulgence by the Company to the said Consignment Agent or byany such matter or thing whatsoever which under the law relating to sureties would but forthis provision have effect of so relieving us.

6. We …………… (name of the Bank) agree and declare that this Guarantee will bevalid and effective for a period of 8 years from the date of its issue and we further agreethat the Guarantee herein contained shall not be affected by any change in theconstitution of the said Contractor.

7. We, the said Bank, lastly undertake not to revoke this Guarantee during itscurrency except with the previous consent of the Company in writing.

Dated …………… day of …………20…..For ……………………………………….

(name of the bank)

AcceptedFor & on behalf of

STEEL AUTHORITY OF INDIA LIMITED

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ANNEXURE-IBBANK GUARANTEE FOR PERFORMANCE

(FROM SCHEDULED BANK EXCEPT GRAMIN / COOPERATIVEBANKS AND CATHOLIC SYRIAN BANK)

ToSteel authority of India LimitedBranch Sales OfficeLandmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite Gujrati Samaj, C-Scheme, Jaipur – 302001

1. In consideration of the Steel Authority of India Ltd, A Govt. Company incorporatedunder the Companies Act, 1956 and having its registered office at Ispat Bhavan,Lodi Road, New Delhi 110003 and also having inter-alia one of its Branch SalesOffices at Landmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite Gujrati Samaj,C-Scheme, Jaipur - 302001 (hereinafter called the 'Company') having agreed toaccept this Guarantee towards the security for the due performance of all theobligation contained in the Letter of Intent dated…….. (hereinafter called the "saidContract" which expression shall include any formal agreement entered intosubsequent thereto or in supersession thereof and all modifications to andamendments in the said agreement) made between the Company and M/s.………(hereinafter called the "Contractor") for Handling of various kinds of Iron andSteel materials at the Warehouse situated at …………. under the said Contract,we…………..(Name of the Bank) (hereinafter referred to as the 'said Bank') dohereby undertake to pay the Company an amount not exceeding Rupees Thirtyfive lakhs (` 35,00,000/-) only against the Contractor's failure and/or nonobservance and/or breach(s) of any of its obligations and/or the terms andconditions contained in the contract dated ……….

2. We ………..(Name of the Bank) do hereby undertake to pay the amount (s) dueand payable under this Guarantee to the extent of Rupees Thirty five lakhs (`35,00,000/-) only without any demur, question or protest, merely on receipt of ademand from the Company stating that the said Contractor has failed to fulfilland/or observe and/or commit breach(es) of the obligations as stipulated in the saidContract and the amount claimed is due and payable to the Company by the saidContractor on account of loss / damage sustained by the Company therefor. Anysuch demand made on the said Bank shall be conclusive as regards the amountdue and payable by the Bank under this Guarantee. It is hereby expressly agreedand declared that the Company shall have the fullest liberty to claim payment of theamount under this Guarantee subject to the ceiling limit of Rupees Thirty fivelakhs (` 35,00,000/-) only as referred to above and this Guarantee shall notbecome in fructuous or invalid because of the partial payment or payments madeby us to the Company pursuant to the demand or demands made by the Companyupon us for payment from time to time. It is further declared that this Guaranteeshall hold good in favour of the Company to the extent of the balance amountcovered under this Guarantee. It is also agreed and declared that the Companyshall be the sole judge as to whether the said Contractor has failed to observe/fulfillany or all the obligations contained in the said Contract referred to above, and/orcommitted any breach or breaches in respect thereof as also the amount becomedue and payable by the Contractor on account therefor, and any such decision ofthe Company shall be final and binding upon us. However, our liability under this

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Guarantee shall be restricted to an amount not exceeding Rupees Thirty fivelakhs (` 35,00,000/-) only.

3. We the said Bank, further agree that this Guarantee shall remain in full force andeffect until the said Contractor fulfills all the obligations under the said contract indue performance thereof and that it shall continue to be enforceable for the periodthat would be taken for satisfactory performance and fulfillments in all respects ofall obligations under the said Contract and that it shall continue to be enforceabletill any notice of no claim is given by the Company.

4. We, the said Bank, further agree that the Company has the fullest liberty withoutaffecting in any manner our obligations herein to vary any of the terms andconditions of the said Contract and to forebear or enforce any of the terms andconditions relating to the said Contract and we shall not be relieved of our liabilityunder this Guarantee by reason of any such variation or extension being granted tothe said Contractor or for any forbearance and/or commission on the part of theCompany.

5. We …….(name of the Bank) agree and declare that this guarantee will be valid andeffective for a period of 8 (eight) years from the date of its issue and we furtheragree that the guarantee herein contained shall not be affected by any change inthe Constitution of the said Contractor.

Dated : ……………………………..day of………………. (month) ……………..(year)

for___________________________(Name of the Bank)

AcceptedFor & on behalf of


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ANNEXURE-IC

BANK GUARANTEE FORSECURITY OF MATERIALS FOR DUNNAGE

(FROM SCHEDULED BANK EXCEPT GRAMIN / COOPERATIVEBANKS AND CATHOLIC SYRIAN BANK)

(On non-judicial stamp paper of appropriate value to be purchased in the name of theissuing Bank)


1. In consideration of Steel Authority of India Limited, a Government Companyincorporated under the Companies Act, 1956 having its registered Office at IspatBhavan, Lodi Road, New Delhi – 110 003 and also having interalia, one of its BranchSales office at Landmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite GujratiSamaj, C-Scheme, Jaipur - 302001 (hereinafter called `the Company’) havingagreed to accept this Guarantee for due security and safe custody of 222 metrictonnes of rails (UT/Defective) dispatched to M/s ………………… (hereinafter called“the said Consignment Agent”) for use as dunnage for stacking of Iron & Steelmaterials under the Letter of Intent. dated …………… (hereinafter called “the said‘contract’ which expression shall include any formal agreement entered intosubsequent thereto or in supersession thereof and all modifications to amendments inthe said ‘contract’ made between the Company and the said Consignment Agent forhandling and storage of the Iron and Steel materials covered under the said ‘contract’,on furnishing a Bank Guarantee for Rupees one crore (` 1,00,00,000/-) only, we…………….. (Name of the Bank) ………. (hereinafter referred to as “the Bank”) dohereby undertake to pay to the Company an amount not exceeding Rupees one crore(` 1,00,00,000/-) only against any loss or shortage caused to or suffered by or wouldbe caused to or suffered by the Company in respect of the said materials by reason ofany breach (es) of any of the terms and conditions contained in the said ‘contract’, orfor any reason whatsoever.

2. We (name of the Bank)……………………… do hereby undertake to pay the amountor amounts due and payable under this Guarantee from time to time up to the extent ofRupees one crore (` 1,00,00,000/-) only without any demur / protest / question,merely on receipt of a demand from the Company stating that the amount (s) claimedis / are by way of loss or damage caused to / suffered by or would be caused to orsuffered by the Company in respect of the said materials by reason of any breach ofany of the terms and conditions contained in the said ‘contract’ by reason of theConsignment Agent’s failure to perform the said ‘contract’ or for any reasonwhatsoever. Any such demand made on the Bank shall be conclusive as regards theamount or amounts due and payable by the Bank after this Bank Guarantee.

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3. It is hereby expressly agreed and declared that the Company shall have the fullestliberty to claim payment of the amount or amounts from time to time under thisGuarantee subject to the ceiling limit of Rupees one crore (` 1,00,00,000/-) only, asreferred to above and this guarantee shall not become invalid or infructuous becauseof the partial demand(s) made by the company upon us for payment under thecircumstances stipulated hereinabove and it is further declared that this Guaranteeshall hold good in favour of the Company to the extent of the balance amount coveredunder this guarantee. It is further agreed and declared that the Company shall be thesole judge of and as to whether the said Consignment Agent has committed anybreach or breaches of any of the terms and conditions of the said ‘contract’ the extentof loss and damage, caused to or suffered by or that may be caused to or suffered bythe Company on account thereof and the decision of the Company that the saidConsignment Agent has committed such breach or breaches and as to the amount oramounts of loss and damages shall be final and binding on us. Any such demand ordemands made on the Bank shall be conclusive as regards the amount due andpayable by the Bank under this Guarantee. However, our liability under this guaranteeshall be restricted to an amount, not exceeding Rupees one crore (` 1,00,00,000/-)only

4. We, the said Bank, further agree that the Guarantee herein contained shall remain infull force and effect during the period that would be taken for the performance of thesaid ‘contract’ and that it shall continue to be enforceable till all the dues of theCompany under or by virtue of the said ‘contract’ have been fully paid and its claimssatisfied or discharged or till the Company certifies that the terms and conditions ofthe said ‘contract’ have been fully and properly carried out by the said ConsignmentAgent and accordingly discharges this guarantee. Unless a demand or claim underthis guarantee is made on us in writing on or before the …………………. (i.e. sixmonths after the date of expiry of the said ‘contract’) and payment is made by us, weshall be discharged from our liability under this guarantee thereafter.

5. We, the said Bank, further agree that the Company shall have the fullest liberty, withoutour consent and without affecting any manner our obligations hereunder contained tovary / modify any of the terms and conditions of the said ‘contract’ or to extend time ofperformance from time to time or to postpone for any time or from time to time any ofthe powers exercisable by the Company against the said Consignment Agent and toforbear or enforce any of the terms and conditions relating to the said ‘contract’ and weshall not be relieved of our liability by reason of any such variation / modification orextension being granted to the said Consignment Agent or for any forbearance, act oromission on the part of the Company or any indulgence by the Company to the saidConsignment Agent or by any such matter or thing whatsoever which under the lawrelating to sureties would but for this provision have effect of so relieving us.

6. We …………… (name of the Bank) agree and declare that this Guarantee will be validand effective for a period of 8 (eight ) years from the date of its issue and we furtheragree that the Guarantee herein contained shall not be affected by any change in theconstitution of the said Consignment Agent.

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7. We, the said Bank, lastly undertake not to revoke this Guarantee during its currencyexcept with the previous consent of the Company in writing.

Dated …………… day of …………20…..

For …………………………………(Name of the bank)

Accepted For & on behalf ofSTEEL AUTHORITY OF INDIA LIMITED

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ANNEXURE-II

CUSTODY AND INDEMNITY BONDFOR CONSIGNMENT AGENCY CONTRACT

(To be executed on Stamp Paperof appropriate value)


WHEREAS We have agreed to act as you Consignment Agency Consignment Agent forstorage and handling of of Iron & Steel to be despatched to railhead / CA Yard at…………………………….. from time to time fro your Steel Plants / Stockyards for properstorage, handling, safe custody and delivery to your various customers against validdelivery orders issued by your BSO at Landmark, 4th Floor, S-16-A, Mahavir Marg,Opposite Gujrati Samaj, C-Scheme, Jaipur - 302001 pursuant to the Letter of Intentdated …………………….(hereinafter referred to as the said contract)

AND WHEREAS we have agreed to execute a Custody and Indemnity Bond in terms ofthe said ‘contract’ for and in respect of the Iron and Steel materials delivered to us, wehereby declare and state as under :

1. NOW by this Custody and Indemnity Bond we hereby agreed and undertake that weshall keep and hold the Iron & Steel materials despatched to us from time to time underthe said ‘contract’ and keep the same under safe custody at our yard located………………………………… and on your behalf and as your property in trust for you.

2. WE shall be entirely responsible for the safe custody and protection of the said Iron& Steel materials at our risk till the same are duly delivered to your various customers ORas may be directed by you from time to time or or at any time and shall Indemnify youagainst any loss, damage, or deterioration suffered by you or shortages whatsoever inrespect of said Iron & Steel materials despatched to us from time to time under said‘contract’ while the same remain in our custody. We further agree that the said Iron &Steel materials shall at all time be open to inspection by any person authorised by you.

3. SHOULD any loss or damage or deterioration of shortage occur of refund becomesdue and receivable by you, we undertake to compensate or to pay or to refund the amountforthwith and without any deduction whatsoever on demand, you shall be entitled torecover from us compensation for such loss or damage or deterioration or shortagewithout prejudice to any other remedies available to you by deduction from any sum whichat any time hereinafter may become due to us either under aforesaid ‘contract’ or anyother Agreement (s). the amount so claimed by you shall be final and bindings upon us.

4. WE further agree and affirm that you shall have the fullest liberty to vary any of theterms and conditions of the said ‘contract’ without affecting in any manner whatsoever ourobligation under this Bond and we shall not be released from our liabilities under this Bondby the exercise of you liberty to vary and / or modify the terms of the said ‘contract’ or by

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reason of any time being given to us or any other forbearance or indulgence given to us orany other act or omission on you part.

5. WE further agree and undertake that we shall not hypothecate and / or change and /or encumber in any manner whatsoever the materials, despatched to us, either in full orin part to any Bank or Financial Institution or any Association or any company or firm as asecurity or otherwise.

6. WE further agree and undertake that we shall not suffer any injunction and / orattachment and / or appointment of Receiver in respect of materials either in full or in part,despatched to us.

7. AND we further agree that this Bond shall remain in force till all the obligations underthe said ‘contract’ are fulfilled and the accounts relating thereto are finally settled by thebetween ourselves and yourselves and you expressly discharge this Bond in writingotherwise the same shall remain valid and in full force.

8. THIS Bond with all its provisions herein contained are in addition to and not by was oflimitation of or substitution for any other Bond or Indemnity / undertaking heretofore givento you by us, whether jointly with others or alone and now existing uncancelled and thatthis Bond it is not intended to nor shall revoke or limit such Bond or guarantee /undertaking.

9. THIS Bond shall not be affected to any change in our constitution not shall it beaffected by any change in your constitution or by any amalgamation or absorption thereofor therewith but will ensure for and be available to and enforceable by the absorbing oramalgamated company or concern

IN Witness whereof we put our seal and signature on

This ……………………………….. (day)……………………………………

(month)……………………………….(year)

Signed sealed and delivered

By M/s………………………………………

For and on behalf of

………………………………………..

………………………………………..In the presence of :

1)

2)

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ANNEXURE-IIA

SUMMARY SHEET FOR LIST OF EQUIPMENTS

Equipment Registration No. Capacity Capacitycertified by

Fitness Owner ofequipment and

Address1 2 3 4 5 6

1 Please indicate type of equipment i.e. tyre mounted mobile Crane( Tyre mounted andbooms shall rotate by 3600 when the vehicle on which it is mounted is stationary),Forklift or Trailor or Truck

2 Registration no. should be indicated as per RC book only. Tenderer shall enclosealong a Xerox copy of all pages of original RC book self-attested. In case of newcranes and equipments, the date of purchase is to be established by submitting a selfattested copy of purchase invoice along with an undertaking that the requiredformalities will be completed within 30 days of submission of such paper.

3 Capacity in case of Trucks and Trailers are to be certified in the RC book.4 Capacity and validity of fitness should be certified by registration authority in case of

Trucks and Trailers.5 Owner of the equipment should be the one in whose name the equipment is currently

registered with the registration authority.6 Tenderer should submit a proof of the latest Tax payment details along with the RC

book to be enclosed along with list of equipments within 30 days from date of letter ofcompliance.

7 In case of cranes and vehicles, relevant documents as per clause 2.5.4.1 ofInstructions to tenderers are to be submitted.

8 Original documents will be required by SAIL to be produced by the successful bidderfor verification within 15 days from the date of submission of such list and also duringthe tenure of the contract as mentioned at clause 2.5.4.3 of Instructions to tenderers

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ANNEXURE-IIB

PROFORMA FOR AGREEMENT FOR LEASING/HIRING OFCRANES/TRUCKS/TRAILORS ETC

This agreement made on this __________ day of ________ in the year ________between M/s _________ (name of owner of equipment as per RC/Book/other appropriatedocuments like Form 23), a company/Firm/ Partnership/person having its/their registeredoffice/principal place of business at __________ of the party of the First Part (whichexpression itself shall include its/their successors and permitted assigns) AND

M/s __________ (name of the tenderer), company/Firm/Partnership/proprietorship/personhaving its/their registered/Office/Principal place of business at __________ of the party ofthe Second Part (which expression itself shall include its/their successors and permittedassigns).

Whereas the party of the Second Part intends to take on lease/hire the equipments asdetailed below for the purpose of deploying those equipments in connection with thetender for a handling for Iron & Steel Materials of Steel Authority of India Limited (SAIL) at____________ for 8 years, in case the contract is awarded by SAIL to the party of theSecond Part.

And whereas the party of the First Part is the owner of equipments as per the detailsbelow and desires to lease out/hire out those equipments on the terms and conditionswritten there under :

1 That the party of the First part shall lease out / hire the following equipments detailedbelow

Sl.No. Equipment Details (Make, Registration. No. etc.) Capacity

2 The equipments mentioned above shall be leased out/hired out by the party of the Firstpart to the party of the Second part for a period of eight years for utilizing the same inthe stockyard of the SAIL in case the contract is awarded by SAIL to the party of theSecond part

3 That the party of the first part agrees and undertakes that she/he/they will not cancelthis agreement within the period as mentioned in the Clause 2 above.

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In witness whereof the parties hereto sign this agreement on the day, month, year abovewritten

SIGNED SEALED AND DELIVERED

IN PRESENCE OF : PARTY OF THE FIRST PART

WITNESS :

1

2

SIGNED SEALED AND DELIVERED PARTY OF THE SECOND PART

IN PRESENCE OF :

WITNESS :

1

2

NOTE : DATE OF AGREEMENT SHOULD NEVER BE PRIOR TO THE DATE OFPURCHASE OF STAMP PAPER.

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ANNEXURE-IIC

CERTIFICATE FROM THE BANKER(On the letter head of the Bank)

Dated : _________________

(Name & address of the bank)

This is to certify that M/s ________________ (Name & Address of the Tenderer) has / have been

having transactions with us for last ______________________________ years and their financial

standing is sound based upon such transactions for the last three years or _________ years

(period from the date of incorporation of the firm).

The details of overdraft Limit, and BG/LC limit sanctioned vis-à-vis utilization at present are as

under:

(a) (Nature of Account Held :

(b) Account Number :

(c) BG limit: `…. Crs

(d) Utilisation of BG limit on date: `…..Crs

(e) LC limit: `…..Crs

(f) Utilisation of LC limit on date: `…..Crs

(g) Overdraft Limit as on date: `…..Crs.

(h) Turnover during the last 3 financial year or since incorporation of the firm if the firm is not

registered before 3 years

(i) Bank’s Rating of the party :

________________( Signature )

Name of the person(with seal)____________Designation_____________

Personnel No. _______________

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Annexure-IID

PROFORMA FOR UNDERTAKING ON EXCLUSIVITY OFEQUIPMENT / VEHICLES DURING DEPLOYMENT

1 It is hereby declared that none of the equipments / cranes / vehicles offered byus as per tender terms, are in use at any of the SAIL warehouses or elsewhere.However, in case the declaration is found to be false, then SAIL shall have theright to take appropriate action as deemed fit.

OR

2 It is hereby declared that all or some of these equipments / cranes / vehiclesoffered, are in use under contractual obligation and the same shall be free fordeployment on award of contract under this tender. However, in case thedeclaration is found to be false, then SAIL shall have the right to takeappropriate action as deemed fit.

Yours faithfully,For and on behalf of

………………………………( Signature of Tenderer with Seal & Date )

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ANNEXURE-III

PROFORMA FOR NO-CLAIM CERTIFICATE

I / We hereby certify that, except for the unpaid bills mentioned hereunder for work doneas per our contract with you for …………………………………………………………, wehave no claim against you Company.

Bill No. Date Amount---------- ------- -----------

…………………………….

(Signature of the Consignment Agent)

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ANNEXURE-IV

AGREEMENT FOR OPERATING A CONSIGNMENT AGENCYYARD INVOLVING HANDLING & STORAGE OF IRON AND

STEEL MATERIALSAT ……………………………………………………..

THIS AGREEMENT made on this …………………………. is of …………………….Between the Steel Authority of India Limited, Govt. Company incorporated under theCompanies Act 1956 having its registered office at Ispat Bhavan, Lodi Road, New Delhi –110 003 and also having one of its Branch Offices (of its Central Marketing Organisation)amongst other at Landmark, 4th Floor, S-16-A, Mahavir Marg ,Opposite Gujrati Samaj,C-Scheme, Jaipur - 302001 Referred to hereinafter as the Company (which expressionshall where the subject or the context so requires or admits, include its successors andassigns) on the ONE PART and M/s……………………………. a registered proprietary firm/ Registered Company (as the case may be) having its registered office at……………………. Referred to hereinafter as the Consignment Agent’ (which expressionshall, where the subject or the context so requires or admits include its successors andassigns) of the OTHER PART.

WHEREAS pursuant to the company’s advertisement inviting tenders for operating aConsignment Agency Yard involving transportation, handling & storage of Iron & Steelmaterials at ……………………….. at P.O. ………………….. PS ………………….. districtof …………………… in the State of ………………………. The Consignment Agent abovenamed submitted its tender on. ………………………

AND WHEREAS the Company accepted the tender vides its Letter of Intent / Acceptanceof Tender No. ……… dated ……….. and thereby the contract was concluded.

AND WHEREAS it was considered necessary to record the factum of conclusion of thecontract and incorporate the terms thereof in an instrument in writing.

AND WHEREAS the Consignment Agent pursuant to the terms the Contract has alreadymade the full security deposit Rs. …………… (Rupees…………………………) andfurnished Bank Guarantees and Custody & Indemnity Bond and complied with other termsas per the Company’s Letter for Compliance of contract formalities as per Tender termsvide reference No. …….. dated ……… .

NOW THESE PRESENT WITNESSETH and it is hereby agreed to and declared by andbetween parties hereto as follows :-

1. In consideration of the payments to be made by the Company in terms of thecontract , the Consignment Agent convenants and agrees with the Company toundertake the job of operating a Consignment Agency Yard involvingtransportation, handling and storage of Iron & Steel materials at……………………..on the terms & conditions as also in the manner required andthe Consignment Agent agrees to do and conform strictly all such acts, works orjobs as are mentioned in the various annexures referred to hereunder.

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2. The various annexures set out below and hereto annexed marked as Annexures Ito 12 mentioned hereunder shall constitute the contract for the purpose ofconstruction, interpretation and effect thereof.

(a) Annexure – I : Consignment Agent’s letter dated ………

(b) Annexure – 2: Invitation to Tender

(c) Annexure – 3: Instructions to tenderers

(d) Annexure – 4 : Terms & Conditions of Contract for operating a ConsignmentAgency Yard involving transportation, Handling and storage of Iron & SteelMaterials

(e) Annexure – 5 : Custody & Indemnity Bond(s)

(f) Annexure – 6 : Guarantee Bond(s)

(g) Annexure – 7 :Schedule of Operations and Rates

(h) Annexure – 8:(i) List of road transport &

(ii) List of mechanical handling equipments(iii) Sale / Lease Deed of Land.(iv) Indenture of Lease

(i) Annexure – 9 : Company’s Letter of Intent / Acceptanceof tender vide reference no …. dtd……….

(j) Annexure – 10 : Company’s letter to the contractor forcompliance of contract formalities as perTender Terms vide reference no, ……… dtd……..

(k) Annexure – 11 : Company’s letter of Intimation to theContractor vide reference no ………… dtd ……….

(L) Annexure- 12: Company’s Guidelines on banning of business dealings.

3. In consideration of the due performance, execution and completion of the workstrictly in terms of this agreement, the Company covenants and agrees to pay theConsignment Agent such sum or sums as may become payable to theConsignment Agent as per the agreed rates as borne out by the documentsenumerated in paragraph 2 (two) above.

4. The agreement shall be effective from …………(date of commencement of work asmentioned in W.O.) and shall remain in force for a period of seven years unless

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terminated earlier by the Company in terms of the provisions as contained in theterms and conditions of the Contract.

5. It is agreed and declared by the parties hereto that there is no other agreementbetween the parties in respect of anything said or done in connection with the saidcontract apart from those as are contained in these present and the annexuresreferred to herein.

6. No modifications or amendments of this contract shall be valid and binding uponthe parties unless the same are made in writing and are signed by the parties andtermed as an AMENDMENT to the Contract.

7. Failure to enforce any of the terms and conditions contained in the contract shallnot operate as a waiver of the terms and conditions or be construed as breachthereof.

8. In case of any conflict between the terms and conditions contained in the Contractdocuments the provisions contained herein shall prevail over those contained in thedocuments referred to in Para 2 above.

IN WITNESS WHEREOF the parties hereto have executed these present on the day,month and year above written at …………………………

(Name of the place).

Signed, sealed and delivered for& on behalf of M/s……………………………..the Consignment Agent named above inthe presence of : (For & on behalf of

Consignment Agent)………………………………….

…………………………………….

Signed, sealed and delivered for& on behalf of Steel Authorityof India Ltd., the Company above (For & on behalf of SAIL)named in presence of :

1.. …………………………………

2.…………………………………..

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Annexure-V

AGREEMENT FOR LEASE / SUB-LEASE

THIS LEASE / SUB-LEASE is made this …………………. day of …………. 20…..between ……….. ………………………………….. hereinafter referred to as “LESSOR”(which expression shall mean and include its legal heirs, successors and assigns) of theFIRST PART and M/s ………. …………………………….., a Company registered underthe Companies Act, 1956, having its registered office at ……………………. / partnership /proprietorship firm having its principal place of business at ………………………hereinafter referred to as “LESSEE / SUB-LESSEE” (which expression shall mean andinclude their legal heirs, successors and assigns) of the SECOND PART.

WHEREAS the Steel Authority of India Ltd., (SAIL) a Govt. Company within the meaningof Sec. 617 of the Companies Act, 1956, having its Registered Office at…………………………… and also having inter-alia one of its Branch Sales Offices at………………………… under its Central Marketing Organisation, has invited TenderReference No. …………………….. dated …………… for appointment of its ConsignmentAgent at ………………

AND WHEREAS under the terms of the said Tender the Consignment Agent is requiredto have in his possession on ownership basis or on long lease basis a piece of landadmeasuring a minimum area of …………. acres, with necessary infrastructure of usingthe same for storage and handling of iron and steel materials to be despatched by SAIL tothe said premises of the Consignment Agent in the manner as per the terms of the saidtender.

AND WHEREAS under the terms of the tender invited by SAIL, on the date ofsubmission of tender, the tenderer may also have in his possession a land admeasuring………… acres under lease / sub-lease for a period of less than one year with thecondition therein for execution and registration of a lease deed in respect of the said landfor a term which should cover the entire period of contract plus 6 (six) months for storageand handling of the said materials within ………….. days on acceptance of tender.

AND WHEREAS party of the Second Part herein intends to submit its tender to SAIL forappointment of its Consignment Agent at ……………, and approaches the said LESSORfor lease / sub-lease in respect of land referred to in the schedule below (herein afterreferred to as “said land”) for a period of …………… months and the party of the FIRSTPART being the Owner / Lessor agrees to demise the said land to the party of the SecondPart for the said period and agrees to handover the peaceful vacant possession of thesaid land to the party of the Second Part herein on the date of execution of this Lease /Sub-Lease and both the parties hereby agree on following terms and conditions :-

1 THAT the Lessor herein demise the said land more fully described in the schedulebelow and deliver peaceful vacant possession of the same, free fromencumbrances, to the Lessee herein on payment of monthly rent @ `. …………..per month for a period of …………… months from ……………… (date to bementioned).

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2 In case the tender of the party of the Second Part herein is accepted by SAIL,party of the First Part herein within ……………… days of such acceptance of thesaid Tender, shall demise the said land to the party of the Second Part throughexecution and registration of a lease deed for a period of …………… yearscovering the total period of contract between SAIL and the party of the SecondPart herein, being successful tenderer, on payment of rent @ `. …………… permonth / year and / or for a premium of `. ………….

3 The said land would be demised for the purpose of storage and handling of ironand steel materials to be despatched from SAIL Plants / Warehouses / CAs /Conversion Agents from time to time.

4 That the party of the Second Part herein shall be entitled to construct officebuilding, covered shed, weighbridge and other construction as may be necessaryfor storage of iron and steel materials.

5 That the party of the FIRST PART has taken prior written permission from theowner / landlord of the said land to sub-lease the same to the party of theSECOND PART. (This clause is applicable in case of Sub-Lease).

6 In case the Tender of the Second Part is not accepted by SAIL then this lease /sub-lease shall automatically stand cancelled and the possession of the land willbe taken back by the party of the FIRST PART from the party of the Second Partfor which either of the parties will not bear any cost.

7 Other terms and conditions of the lease / sub-lease shall be as per the law of theland as applicable and the parties herein shall comply with all formalities andobligations as required under the law.

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SCHEDULE

IN WITNESS WHEREOF the parties hereto have set out their hands on the day,month and year above written.

Signed, sealed and deliveredby the Intended Lessor abovenamed through its ConstituentAttorney Shri …………………..in presence of

1.

2. Lessor

Signed, sealed and deliveredby the Intended Lessee / Sub-Lessee above named throughits Constituent AttorneyShri …………in presence of

1.

2. Lessee / Sub-Lessee

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Annexure-VI

UNDERTAKING WITH REFERENCE TO SUBMISSIONOF CONVERSION CERTIFICATE

To :Steel Authority of India Ltd.……………………………………………………………….

Dear Sirs,

Sub : - Tender for appointment of Consignment Agent at JAIPUR

This is to state that a piece of land measuring ……… offered by us ispresently under use for agricultural purposes and as per tender terms we arerequired to submit permission for use of the said land for the purpose of handlingand storage of Iron & Steel Materials.

We, therefore, undertake that such permission will be submitted by us within………. once our tender is accepted.

We further undertake that in the event of our failure to submit the clearpermission as above , the same will be construed as a breach of contract andwill be liable for all consequences and damages arising there from.

Yours faithfully,

……………………………( Name of the Tenderer )

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ANNEXURE-VII

Regd.Post

LETTER OF INTENT / ACCEPTANCE OF TENDER

To………………………….………………………….

Dear Sirs,

Sub : Our Tender Notice No…………dated………….

Ref : Your Tender dated………….in response to thesubject Tender Notice.

Please refer to your above Tender and subsequent negotiation held on……………………

We have the pleasure to inform you that your above Tender has been accepted by us andaccordingly this letter of Intent (L.O.I.) is issued to you.

Yours faithfully,For & on behalf of

STEEL AUTHORITY OF INDIA LTD.

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ANNEXURE-VIII

COMPLIANCE OF CONTRACT FORMALITIESAS PER TENDER TERMS

To………………………………………

Dear Sirs,

Sub : Our Tender Notice No………dated…………../Ref : 1. Your Tender dated ……………in response to the subject Tender Notice.

2. Our letter dated………………..accepting your Tender.

Please refer to your Tender and acceptance of the same as conveyed by our letter dated……

You are requested to comply with the following formalities and submit following documents asalready stipulated in the Tender Terms within the time limit prescribed herein.

a) Bank Guarantee(s) and Custody & Indemnity Bond (for materials) within 30 days fromthe date of this letter.

b) Duly registered Lease Deed within 45 days from the date of this letter.c) Create necessary infrastructural facilities as per clause 2 of the instruction to the

tenderers within 180 days from the date of this letter.d) Within 30 days from date of this letter, list of all cranes and equipments(as per

Annexure-IIA) along with a set of self attested relevant documents and hire/leaseagreement for Cranes and vehicles as per clause number 2.5.4.1 under Instructions totenderers, undertaking as per Annexure-VIII and within 15 days from the date ofsubmission of such list along with other documents, corresponding original documentsfor verification.

e) Submission of conversion certificate from appropriate authority allowing the use ofoffered land for the purpose of handling and warehousing of iron and steel within 60days from the date of this letter ( in case the aforesaid permission was not alreadysubmitted by the tenderer along with the technical bids).

f) Any other documents necessary as per local conditions / tender conditions etc.

In the event you fail to submit all the documents indicated above on or before time limitprescribed and/or create necessary infrastructural facilities as mentioned above within thetime limit as prescribed, then the same will amount to breach of contract and in that event,Letter of Intent shall be cancelled and EMD shall stand forfeited. Besides, you shall bedebarred along with inter-connected agency from participating in re-tender(s). Moreover, youwill be held responsible for all consequences and damages.

We shall send Letter of Intimation for inspection/ testing of cranes and equipments upon yourcompliance with the requirement as detailed at (d) above.

Thanking you,

Yours faithfully,For and on behalf of

Steel Authority of India Ltd.

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ANNEXURE-IX

LETTER OF INTIMATION

To

………………………………….

…………………………………..

Dear Sirs,

Sub :

Ref :

This has reference to your letter no………….. dt. …………….under cover of which youhave submitted the documents as indicated in our letter no……………. dt…………. (Letterof Compliance for contract formalities). You are required to display satisfactorily allequipments in proper working condition as shown in your list in response to our letter ofcompliance of contract formalities on……. (within 7 days hereof. Specific date to bementioned as the inspection agency will be required to be present on appointed date, timeand place and date should be just after 180 days from date of letter of compliance). Whileall the OEM mobile cranes seven years old or less shall be inspected, all other cranes andequipments shall be inspected/ tested by company or agency appointed by SAIL. Uponcertification by the Company or the inspection agency appointed by the Company aboutthe working condition and the capacity of equipments, you will be allowed to deploy suchequipments at the time of commencement of work. In case, any equipment is not foundacceptable during inspection/testing, the replacement will be allowed as per the clause2.5.5 under Instructions to tenderers. In the event of failure to provide replaced cranes/equipments within the time frame prescribed under clause 2.5.5 of Instructions totenderers, the LOI shall be cancelled and EMD forfeited. Besides, you shall be debarredalong with inter-connected agencies from participation in the re-tender(s).

Hence, you will be required to organize your personnel and equipmentsaccordingly.

Thanking you

Yours faithfully,

For and on behalf ofSteel Authority of India Limited

Warehouse Manager

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ANNEXURE-X

WORK ORDER FORMAT

To,…………………………………..…………………………………..…………………………………..

Dear Sir,Sub : Our tender No………………….Dated………………

Ref : i) Our Tender No……………..Dated………………ii) Our Letter No. ……………..Dated……………….

(letter accepting Tender)iii) Your Letter No……………..Dated……………….

(letter under cover of which documents indicated in letter acceptingTender have been produced by the successful Tenderer)

This has reference to our Letter of Intimation dated …………………… As you havealready complied with all the instructions contained in the said Letter of Intimation, thisWork Order is issued to enable you to commence the work on ………. at….. AM, with theawarded rate as:

(a) For Delivery of material received by RAIL - ` ………… PMT(b) For Delivery of material received by ROAD - ` ……….. PMT

(Other terms & conditions applicable as per the tender)

The validity of the Contract is up to ……………..

You are hereby called upon to execute the Agreement on a non-judicial stamp paper ofappropriate value as per pro-forma at Annexure ………… on …………….. .

Please note that your failure to commence the work on the appointed date and time asmentioned above will be treated as breach of contract and in that event you will be heldresponsible for all consequences thereof.

Thanking you,

Yours faithfully,

For and on behalf ofSteel Authority of India Limited

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CMO/FOR/MSD/CA/1PAGE 1 OF 3

STEEL AUTHORITY OF INDIA LIMITEDCentral Marketing Organisation

………………………ANNEXURE-XI

PERFORMANCE OF CONSIGNMENT AGENT

FOR PERIOD FROM 1ST JAN TO 31st MARCHOR

FOR PERIOD FROM 1ST APRIL TO 30th JUNEOR

FOR PERIOD FROM 1ST JULY TO 30th SEPTEMBEROR

FOR PERIOD FROM 1ST OCTOBER TO 31ST DECEMBER

(DELETE WHICHEVER NOT APPLICABLE)

1. WAREHOUSE

2.1 Name of the Consignment Agent

2.2 Date of Commencement of Contract

2.3 Date of expiry of Contract

2.4 Extension period

2.5 Date of expiry of the labour licence

2.6 Extension period

3. Stockyard where he is operating

4. GENERAL EFFICIENCY

4.1 Remarks regarding general supervisionof work at Stockyard.

4.2 General observations regarding safetyPrecautions followed

4.3 Any accidents & causes for the same especiallyIf the same caused due to negligence ofConsignment Agent.

4.4 Delays in unloading/stacking/delivery

4.5 Average time taken to deliver materials::i. Pig Ironii. Steel Coils/ Sheets Packets

Revision No. : 01 Date of Issue : 13.05.2004

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iii. Other bundled cargoiv. Other steel materials

4.6 Complaints of favouritism while loading/Delivery.

4.7 Whether excess loading done deliberately

4.8 Whether Consignment Agent/ labour areAttempting to :a. Pilferb. Excess deliveryc. Wrong delivery

5. Equipments (capital works)

5.1 Normal number of equipments availableIn operations at yards

5.2 Problems if any for re-strapping / packaging /Handling.

5.3 Whether there are frequent breakdown ofEquipments

5.4 Whether additional equipments are organizedAccording to requirements from time to time.

5.5 Whether he is able to get things done fromRailways.

6. LABOUR RELATIONSHIP

6.1 Any quarrels / fights (specify)

6.2 Any complaints regarding non-payments of wages

6.3 Any complaints regarding non observation ofProvisions of Contract Labour Abolition Act.

6.4 Whether sufficient labour are available in time.

6.5 Whether there are frequent delays in loading/Stacking.

6.6 Whether Consignment Agent’s supervisors are ableTo exercise control of labour

Revision No. : 01 Date of Issue : 13.05.2004

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6.7 Whether frequent stoppage of work by labour.

6.8 Whether violating any norms.

7. F I N A N C E

7.1 Wagon demurrage incurred during the proceeding6 months and the amount recovered from theConsignment Agent.

7.2 Whether inflated bills submitted intentionally.

7.3 Whether documents are submitted in time.

8. R A T I N G

Very good/ satisfactory/ bad(Delete what is not applicable)

___________________ ______________________Signature SignatureName NameASSOCIATE FINANCE WAREHOUSE MANAGER

DATE DATE

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ANNEXURE-XII

(To be typed on Company’s / firm’s letter head and should be signed by theAuthorized Representative)

Undertaking on Performance Record(to be submitted along with tender)

Date:

ToThe Warehouse Manager,Steel Authority of India Ltd.,………………….. Warehouse,…………………

Dear Sir,

Ref: Tender No. …………….. dated………….

With reference to above tender, it is inform that neither our firm / Company orany inter-connected agency was terminated in any of the SAIL warehouse /Consignment Agency / plant / unit due to bad performance or non-performance during the past six years nor our firm / Company or interconnected agency was banned / black listed by SAIL during the last six yearsas on the date of tender opening.

The above declaration is being given to the best of our knowledge and belief.We are aware that in the event our declaration is found false / incorrect, ourbid shall be summarily rejected and EMD forfeited beside any other actionagainst us as deemed fit by SAIL.

Thanking you,

Yours faithfully,

Authorized Representative

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ANNEXURE-XIII

PROCEDURE FOR THE QUARTERLY VERIFICATION OF WEIGHBRIDGE

1. PURPOSE : To ensure correctness and authenticity of Weighmenttaken on weighbridge at CMO Warehouse ( s ).

2. SCOPE : Calibration of weighbridge at Warehouse ( s ) / Yards.

3. RESPONSIBILITY : Warehouse Manager.

4. REFERENCE : IS / ISO Clause 7.6, CMO / QP / MR / HS / 10

5. PROCEDURE ;

5.1 Plan of action shall be formulated for calibration of weighbridge ( s) , at least 15days in advance. As part of the Plan, Authorized Agency would be identified,contacted and intimated.

5.2 Assessment of required test weights shall be made and wherever necessaryarrangement would be made to ensure availability before scheduled date ofcalibration.

5.3 It shall be verified that test weights have been properly stamped and that therequisite certificate from the appropriate Authority is available in hand.

5.4 Date of expiry of the certificate shall also be checked to ensure that the same isvalid.

5.5 Wherever required, the Authorized Agency shall be made familiar with theprocedure of calibration in order to facilitate smooth conduct of the process ofcalibration.

5.6 Calibration shall be on an annual basis as required to meet the statutoryrequirements of verification and stamping by the Weight & MeasureDepartments as well as to meet the requirements of QMS in terms of ISO-9001-2000.

5.7 This process shall also be followed for in-house check of calibration ofweighbridges, which shall be done once each in the remaining three quarters ofthe year.

5.8 Record of date shall be maintained as per Table at Sl. No. 5.9 mentioned underand weighment print out shall also be retained as evidence.

5.9 The process of calibration would be as per following table ;

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Sl.No. TEST ACTIVITY

MAX.PERMISSIBLEERRORS (+/--)

READINGSOBSERVED

1. Zero Load a) Ensure the platform is empty.b) Display in Digitizer should read zero,if not then press the BALANCE Key onfront panel to obtain zero display.

2. Eccentricity a) Place of loaded truck (Rolling load)approx. 1/3rd of the capacity of theweighbridge on the centre of theplatform and note the reading.b) Shift the Truck, weight to both endsof the platform and note readings :-

(1)IN HAUL end.(2)OUT HAUL end.

20 KG20 KG

3. Range a) Ensure empty platform and ZEROdisplay.b) Place test weights on platformequivalent to minimum capacity, i.e. 20e(200 Kg) & note the display.c) Place increment load (* ) on theplatform, well spread, equivalent (orclose) to :

i) 1000 KGii) 3000 KGiii) 5000 KGiv) 10000 KGv) 15000 KGvi) 20000 KGvii) 40000 KGviii) 60000 KGix) 70000 KGx) 80000 KG

d) Remove the weights / load fromplatform & check ZERO.

10 KG10 KG10 KG20 KG20 KG20 KG30 KG30 KG

30 KG

NOTE :

1. Minimum standard weights for calibration shall be arranged, either i) Up to 10 T ORii) As per statutory requirements applicable at a particular location, whichever is higher, out ofthe above alternatives.

2. After removing the standard weights from the weighbridge platform, suitable number of deadweights shall be made. The dead weight (s) should be almost equal or less than the highestweighment recorded for purpose of calibration of weighbridge as per Note l above.

3. For dead weights, available materials like Coils/ Structural etc. could be used.

4. Number of dead weights would depend upon the quantum of test weights available and usedfor recording weighment for purpose of calibration as mentioned at Note 1 above. In no case,weight of an individual dead weight should exceed, the recorded weighment with the help ofstandard test weights. For example, if the weigh bridge is of 60 T capacity and is calibrated

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with the help of standard weights up to 10 T, then 5 – 10 number of dead weights shall bemade and each dead weight should be almost equal or less than 10 T.

5. After calibration of weighbridge with the help of standard test weights, say up to 10 T or 5 T.,represented vide Sl. No. 5.9.3 © at Sub Sl. No. (I – iv) or from 5.9.3 C (I – v) respectively,further calibration on incremental basis shall be carried out with the help of dead weights asidentified vide Note 2 above, and with all or part of standard test weights. Accordingly, stepsfrom Sl. No., 5.9.3 C (vi – viii) ( e.g. for Weighbridge of 60T capacity) shall be carried out.

6. In case the errors exceed the maximum permissible limits, the Agency should be asked torectify.

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ANNEXURE-XIV


UNDERTAKING ON DISPLAY AND TESTING/INSPECTION ANDREPLACEMENT OF CRANES

Date:ToThe Warehouse Manager,Steel Authority of India Ltd.,………………….. Warehouse,…………………

Dear Sir,


We undertake that in the event of our being declared as successful bidder bySAIL, we shall display all the cranes / other equipments offered fordeployment against the above referred tender for inspection / testing by SAILor any agency appointed by SAIL on the appointed date, time and place asintimated by SAIL through the Letter of Intimation.

We further undertake that the Inspection Report as given by SAIL for thecranes equipments displayed shall be final and binding on us. In case, anycrane (non-OEM/OEM more than seven years old) and equipments as offeredfor deployment against the above tender, is not found acceptable oninspection / testing, the same shall be replaced by the crane of similar make /model / capacity within 3 days. In case of delay beyond 3 days, we shall beliable to pay penalty of Rs.10,000/- (Rupees Ten Thousand Only) per crane /equipment per day up to maximum delay of 7 (seven) days from the date ofintimation by SAIL for replacement.

In the event of our failure to replace the crane / equipment at the appointedplace within 7 days from the date of intimation by SAIL, the LOI shall becancelled and EMD forfeited. Besides, we along with inter-connected agencyshall be debarred from participating in the re-tender(s).

Yours faithfully,


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ANNEXURE-XV



Dear Sir,


We undertake that all the cranes and equipments offered for deploymentagainst the above referred tender as per Annexure-IIA shall be completelyfree for deployment on the date of inspection / commencement of work..

Thanking you,

Yours faithfully,


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ANNEXURE-XVI

(To be typed on Company’s / firm’s letter head and should be signed by theAuthorized Representative )

UNDERTAKING ON LIST OF CRANES AND EQUIPMENTS


Dear Sir,


We undertake that in the event of our being declared as successful bidder bySAIL, we shall furnish list of cranes and equipments as specified under clause2.5.1 of Instructions to tenderers for all cranes / equipments as stipulated inthe tender relating to minimum equipment requirement within 30 (Thirty) daysfrom the date of Letter of Compliance. The list shall be submitted as perAnnexure-IIA along with self attested relevant documents and originaldocument for hire/lease agreement specified at clause 2.5.4.1 of Instructionsto tenderers. The corresponding original documents except lease/ hireagreement shall be submitted within 15 days of submission of such list forverification purpose.

We are aware that in the event of our failure to submit the required list alongwith self attested relevant documents and original documents for verificationpurpose within the stipulated period as mentioned above, our LOI shall standcancelled without any further reference to us and EMD forfeited. Further, weshall not be allowed to participate in re-tender(s).

Thanking you,

Yours faithfully,


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Annexure - XVII

Guidelines on Banning of Business Dealings

1.0 Introduction

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

1.2 Since banning of business dealings involves civil consequences for an Agencyconcerned, it is incumbent that adequate opportunity of hearing is provided andthe explanation, if tendered, is considered before passing any order in thisregard keeping in view the facts and circumstances of the case.

2.0 Scope

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

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

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

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

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

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

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

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3.0 Definitions

In these Guidelines, unless the context otherwise requires:

i) ‘Party / Contractor / Supplier / Purchaser / Customer / Bidder / Tenderer’shall mean and include a public limited company or a private limitedcompany, a firm whether registered or not, an individual, a cooperativesociety or an association or a group of persons engaged in anycommerce, trade, industry, etc. ‘Party / Contractor / Supplier / Purchaser/ Customer / Bidder / Tenderer’ in the context of these guidelines isindicated as ‘Agency’.

ii) ‘Inter-connected Agency’ shall mean two or more companies having anyof the following features:

a) If one is a subsidiary of the other.b) If the Director(s), Partner(s), Manager(s) or Representative(s) are

common;c) If management is common;d) If one owns or controls the other in any manner;

iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:

a) For Company (entire SAIL) Wide BanningThe Director (Technical) shall be the ‘Competent Authority’ for thepurpose of these guidelines. Chairman, SAIL shall be the‘Appellate Authority’ in respect of such cases except banning ofbusiness dealings with Foreign Suppliers of imported coal/coke.

b) For banning of business dealings with Foreign Suppliers ofimported coal/coke, SAIL Directors’ Committee (SDC) shall be the‘Competent Authority’. The Appeal against the Order passed bySDC, shall lie with Chairman, as First Appellate Authority.

c) In case the foreign supplier is not satisfied by the decision of theFirst Appellate Authority, it may approach SAIL Board as SecondAppellate Authority.

d) For Plants / Units onlyAny officer not below the rank of General Manager / Addl Directorappointed or nominated by the Chief Executive of concerned Plant/ Unit shall be the ‘Competent Authority’ for the purpose of theseguidelines. The Chief Executives of the concerned Plants / Unitshall be the ‘Appellate Authority’ in all such cases.

e) For Corporate Office onlyFor procurement of items / award of contracts, to meet therequirement of Corporate Office only, Head of CMMG shall be the“Competent Authority” and Director (Technical) shall be the“Appellate Authority”.

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f) Chairman, SAIL shall have overall power to take suo-moto actionon any information available or received by him and pass suchorder(s) as he may think appropriate, including modifying theorder(s) passed by any authority under these guidelines.

iv) ‘Investigating Department’ shall mean any Department or Unitinvestigating into the conduct of the Agency and shall include theVigilance Department, Central Bureau of Investigation, the State Policeor any other department set up by the Central or State Governmenthaving powers to investigate.

v) ‘List of approved Agencies - Parties / Contractors / Suppliers /Purchasers / Customers / Bidders / Tenderers shall mean and include listof approved / registered Agencies – Parties / Contractors / Suppliers /Purchasers / Customers / Bidders / Tenderers, etc.

4.0 Initiation of Banning / Suspension

4.1 Action for banning / suspension business dealings with any Agency should beinitiated by the department having business dealings with them after noticingthe irregularities or misconduct on their part. Besides the concerneddepartment, Vigilance Department of each Plant / Unit / Corporate Vigilancemay also be competent to initiate such action.

5.0 Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with SAIL is under investigation by anydepartment (except Foreign Suppliers of imported coal/coke), the CompetentAuthority may consider whether the allegations under investigation are of aserious nature and whether pending investigation, it would be advisable tocontinue business dealing with the Agency. If the Competent Authority, afterconsideration of the matter including the recommendation of the InvestigatingDepartment, if any, decides that it would not be in the interest to continuebusiness dealings pending investigation, it may suspend business dealings withthe Agency. The order to this effect may indicate a brief of the charges underinvestigation. If it is decided that inter-connected Agencies would also comewithin the ambit of the order of suspension, the same should be specificallystated in the order. The order of suspension would operate for a period notmore than six months and may be communicated to the Agency as also to theInvestigating Department. The Investigating Department may ensure that theirinvestigation is completed and whole process of final order is over within suchperiod.

5.2 The order of suspension shall be communicated to all Departmental Headswithin the Plants / Units. During the period of suspension, no business dealingmay be held with the Agency.

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

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5.4 If the gravity of the misconduct under investigation is very serious and it wouldnot be in the interest of SAIL, as a whole, to deal with such an Agency pendinginvestigation, the Competent Authority may send his recommendation to ChiefVigilance Officer (CVO), SAIL Corporate Office alongwith the material available.If Corporate Office considers that depending upon the gravity of the misconduct,it would not be desirable for all the Plants / Units and Subsidiaries of SAIL tohave any dealings with the Agency concerned, an order suspending businessdealings may be issued to all the Plants / Units by the Competent Authority ofthe Corporate Office, copy of which may be endorsed to the Agency concerned.Such an order would operate for a period of six months from the date of issue.

5.5 For suspension of business dealings with Foreign Suppliers of importedcoal/coke, following shall be the procedure :-

i) Suspension of the foreign suppliers shall apply through out the Companyincluding Subsidiaries.

ii) Based on the complaint forwarded by ED (CIG) or received directly byCorporate Vigilance, if gravity of the misconduct under investigation isfound serious and it is felt that it would not be in the interest of SAIL tocontinue to deal with such agency, pending investigation, CorporateVigilance may send such recommendation on the matter to ExecutiveDirector, Coal Import Group (ED, CIG) to place it before a Committeeconsisting of the following :

1. ED (F&A)/Head of Corporate Finance,2. ED, CIG/Head of CIG – Convenor of the Committee3. ED, CMMG/Head of CMMG, Corporate Office4. ED (Law)/Head of Corporate Law

The committee shall expeditiously examine the report, give itscomments/ recommendations within twenty one days of receipt of thereference by ED, CIG.

iii) The comments / recommendations of the Committee shall then beplaced by ED, CIG before SAIL Directors’ Committee (SDC) constitutedfor import of Coal. If SDC opines that it is a fit case for suspension, SDCmay pass necessary orders which shall be communicated to the foreignsupplier by ED, CIG.

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

5.7 It is not necessary to give any show-cause notice or personal hearing to theAgency before issuing the order of suspension. However, if investigations arenot complete in six months time, the Competent Authority may extend theperiod of suspension by another three months, during which period theinvestigations must be completed.

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6.0 Ground on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to theState, so warrants;

6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, isconvicted by a Court of Law for offences involving moral turpitude in relation toits business dealings with the Government or any other public sectorenterprises or SAIL, during the last five years;

6.3 If there is strong justification for believing that the Directors, Proprietors,Partners, owner of the Agency have been guilty of malpractices such as bribery,corruption, fraud, substitution of tenders, interpolations, etc;

6.4 If the Agency continuously refuses to return / refund the dues of SAIL withoutshowing adequate reason and this is not due to any reasonable dispute whichwould attract proceedings in arbitration or Court of Law;

6.5 If the Agency employs a public servant dismissed / removed or employs aperson convicted for an offence involving corruption or abetment of suchoffence;

6.6 If business dealings with the Agency have been banned by the Govt. or anyother public sector enterprise;

6.7 If the Agency has resorted to Corrupt, fraudulent practices includingmisrepresentation of facts and / or fudging / forging /tampering of documents;

6.8 If the Agency uses intimidation / threatening or brings undue outside pressureon the Company (SAIL) or its official in acceptance / performances of the jobunder the contract;

6.9 If the Agency indulges in repeated and / or deliberate use of delay tactics incomplying with contractual stipulations;

6.10 Willful indulgence by the Agency in supplying sub-standard material irrespectiveof whether pre-despatch inspection was carried out by Company (SAIL) or not;

6.11 Based on the findings of the investigation report of CBI / Police against theAgency for malafide / unlawful acts or improper conduct on his part in mattersrelating to the Company (SAIL) or even otherwise;

6.12 Established litigant nature of the Agency to derive undue benefit;

6.13 Continued poor performance of the Agency in several contracts;

6.14 If the Agency misuses the premises or facilities of the Company (SAIL),forcefully occupies, tampers or damages the Company’s properties includingland, water resources, forests / trees, etc.

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(Note: The examples given above are only illustrative and not exhaustive. TheCompetent Authority may decide to ban business dealing for any good andsufficient reason).

7.0 Banning of Business Dealings

7.1 Normally, a decision to ban business dealings with any Agency should applythroughout the Company including Subsidiaries. However, the CompetentAuthority of the Plant / Unit except Corporate Office can impose such ban unit-wise only if in the particular case banning of business dealings by respectivePlant / Unit will serve the purpose and achieve its objective and banningthroughout the Company is not required in view of the local conditions andimpact of the misconduct / default to beyond the Plant / Unit. Any ban imposedby Corporate Office shall be applicable across all Plants / Units of the Companyincluding Subsidiaries.

7.2 For Company-wide banning, the proposal should be sent by ACVO of the Plant/ Unit to the CVO through the Chief Executive of the Plant / Unit setting out thefacts of the case and the justification of the action proposed alongwith all therelevant papers and documents except for banning of business dealings withForeign Suppliers of imported coal/coke. The Corporate Vigilance shall processthe proposal of the Plant / Unit for a prima-facie view in the matter by theCompetent Authority nominated for Company-wide banning. The CVO shall getfeedback about that agency from all other Plants / Units. Based on thisfeedback, a prima-facie decision for banning / or otherwise shall be taken by theCompetent Authority. If the prima-facie decision for Company-wide banning hasbeen taken, the Corporate Vigilance shall issue a show-cause notice to theagency conveying why it should not be banned throughout SAIL. Afterconsidering the reply of the Agency and other circumstances and facts of thecase, a final decision for Company-wide banning shall be taken by theCompetent Authority.

7.3 There will be a Standing Committee in each Plant / Unit to be appointed byChief Executive for processing the cases of “Banning of Business Dealings”except for banning of business dealings with foreign suppliers of coal/coke.However, for procurement of items / award of contracts, to meet therequirement of Corporate Office only, the committee shall be consisting ofGeneral Manager / Dy. General Manager each from Operations, Finance, Law& CMMG. Member from CMMG shall be the convener of the committee. Thefunctions of the committee shall, inter-alia include:

i) To study the report of the Investigating Agency and decide if a prima-facie case for Company-wide / Local unit wise banning exists, if not, sendback the case to the Competent Authority.

ii) To recommend for issue of show-cause notice to the Agency by theconcerned department.

iii) To examine the reply to show-cause notice and call the Agency forpersonal hearing, if required.

iv) To submit final recommendation to the Competent Authority for banningor otherwise.

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

7.5 Procedure for Banning of Business Dealings with Foreign Suppliers of importedcoal/coke.

i) Banning of the agencies shall apply through out the Company includingSubsidiaries.

ii) Based on the complaint forwarded by ED (CIG) or received directly byCorporate Vigilance, an investigation shall be carried out by CorporateVigilance. After investigation depending upon the gravity of themisconduct, Corporate Vigilance may send their report to ExecutiveDirector, Coal Import Group to be placed before a Committee consistingof the following :-

1. ED (F&A)/Head of Corporate Finance,2. ED, CIG/Head of CIG – Convenor of the Committee3. ED, CMMG/Head of CMMG, Corporate Office4. ED (Law)/Head of Corporate Law

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

iii) The comments / recommendations of the Committee shall be placed byED, CIG before SAIL Directors’ Committee (SDC) constituted for importof Coal. If SDC opines that it is a fit case for initiating banning action, itwill direct ED (CIG) to issue showcause notice to the agency for replyingwithin a reasonable period.

iv) On receipt of the reply or on expiry of the stipulated period, the case shallbe submitted by ED (CIG) to SDC for consideration & decision.

v) The decision of the SDC shall be communicated to the agency by ED(CIG).

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

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

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

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

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9.0 Show-cause Notice

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

9.2 If the Agency requests for inspection of any relevant document in possession ofSAIL, necessary facility for inspection of documents may be provided.

9.3 The Competent Authority may consider and pass an appropriate speakingorder:

a) For exonerating the Agency if the charges are not established;b) For removing the Agency from the list of approved Suppliers /

Contactors, etc.c) For banning the business dealing with the Agency.

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

10.0 Appeal against the Decision of the Competent Authority

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

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

11.0 Review of the Decision by the Competent Authority

11.1 Any petition / application filed by the Agency concerning the review of thebanning order passed originally by Chief Executive / Competent Authority underthe existing guidelines either before or after filing of appeal before the AppellateAuthority or after disposal of appeal by the Appellate Authority, the reviewpetition can be decided by the Chief Executive / Competent Authority upondisclosure of new facts / circumstances or subsequent developmentnecessitating such review. The Competent Authority may refer the samepetition to the Standing Committee for examination and recommendation.

12.0 Circulation of the names of Agencies with whom Business Dealings havebeen banned

12.1 Depending upon the gravity of misconduct established, the Competent Authorityof the Corporate Office may circulate the names of Agency with whom business

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dealings have been banned, to the Government Departments, other PublicSector Enterprises, etc. for such action as they deem appropriate.

12.2 If Government Departments or a Public Sector Enterprise request for moreinformation about the Agency with whom business dealings have been banned,a copy of the report of Inquiring Authority together with a copy of the order ofthe Competent Authority / Appellate Authority may be supplied.

12.4 If business dealings with any Agency have been banned by the Central or StateGovernment or any other Public Sector Enterprise, SAIL may, without any furtherenquiry or investigation, issue an order banning business dealing with the Agency andits inter-connected Agencies.

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Annexure – XVIIIINTEGRITY PACT

BetweenSteel Authority of India Limited (SAIL) hereinafter referred to as “The Principal”,

and…………………………………… hereinafter referred to as “The Bidder/ Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s forhandling iron & steel materials at …………… Warehouse. The Principal values fullcompliance with all relevant laws of the land, rules, regulations, economic use ofresources and of fairness / transparency in its relations with its Bidder(s) and / orContractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor(IEM), who will monitor the tender process and the execution of the contract forcompliance with the principles mentioned above.

Section 1 – Commitments of the Principal

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

a. No employee of the Principal, personally or through family members, will inconnection with the tender for , or the execution of a contract, demand, takea promise for or accept, for self or third person, any material or immaterialbenefit which the person is not legally entitled to.

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

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

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

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

(1) The Bidder(s)/ Contractor(s) commit themselves to take all measures necessary toprevent corruption. He commits himself to observe the following principles duringhis participation in the tender process and during the contract execution.

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a. The Bidder(s)/ Contractor(s) will not, directly or through any other person orfirm, offer, promise or give to any of the Principal’s employees involved inthe tender process or the execution of the contract or to any third person anymaterial or other benefit which he/she is not legally entitled to, in order toobtain in exchange any advantage of any kind whatsoever during the tenderprocess or during the execution of the contract.

b. The Bidder(s)/ Contractor(s) will not enter with other Bidders into anyundisclosed agreement or understanding, whether formal or informal. Thisapplies in particular to prices, specifications, certifications, subsidiarycontracts, submission or non-submission of bids or any other actions torestrict competitiveness or to introduce cartelization in the bidding process.

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

d. The Bidder(s)/Contractors(s) of foreign origin shall disclose the name andaddress of the Agents/representatives in India, if any. Similarly theBidder(s)/Contractors(s) of Indian Nationality shall furnish the name andaddress of the foreign principals, if any. Further details as mentioned in the“Guidelines on Indian Agents of Foreign Suppliers” shall be disclosed by theBidder(s)/Contractor(s).Further, as mentioned in the Guidelines all thepayments made to the Indian agent/representative have to be in IndianRupees only. Copy of the “Guidelines on Indian Agents of Foreign Suppliers”is enclosed.

e. The Bidder(s)/ Contractor(s) will, when presenting his bid, disclose any andall payments he has made, is committed to or intends to make to agents,brokers or any other intermediaries in connection with the award of thecontract.

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

Section 3 – Disqualification from tender process and exclusion from futurecontracts

(1) If the Bidder(s)/Contractor(s), before award or during execution has committed atransgression through a violation of Section 2, above or in any other form such asto put his reliability or credibility in question, the Principal is entitled to disqualify theBidder(s)/Contractor(s) from the tender process or take action as per the procedurementioned in the “Guidelines on Banning of business dealings”. Copy of the“Guidelines on Banning of business dealings” is enclosed.

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Section 4 – Compensation for Damages

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

(2) If the Principal has terminated the contract according to Section 3, or if the Principalis entitled to terminate the contract according to Section 3, the Principal shall beentitled to demand and recover from the Contractor liquidated damages of theContract value or the amount equivalent to Performance Bank Guarantee.

Section 5 – Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last threeyears with any other Company in any country conforming to the anti-corruptionapproach or with any Public Sector Enterprise in India that could justify hisexclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified fromthe tender process or action can be taken as per the procedure mentioned in“Guidelines on Banning of business dealings”.

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

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

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

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

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

(1) If the Principal obtains knowledge of conduct of a Bidder, Contractor orSubcontractor, or of an employee or a representative or an associate of a Bidder,Contractor or Subcontractor which constitutes corruption, or if the Principal hassubstantive suspicion in this regard, the Principal will inform the same to the ChiefVigilance Officer.

Section 8 – Independent External Monitor / Monitors

(1) The Principal appoints competent and credible Independent External Monitor forthis Pact. The task of the Monitor is to review independently and objectively,whether and to what extent the parties comply with the obligations under thisagreement.

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(2) The Monitor is not subject to instructions by the representatives of the parties andperforms his functions neutrally and independently. It will be obligatory for him totreat the information and documents of the Bidders/Contractors as confidential. Hereports to the Chairman, SAIL.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access withoutrestriction to all Project documentation of the Principal including that provided bythe Contractor. The Contractor will also grant the Monitor, upon his request anddemonstration of a valid interest, unrestricted and unconditional access to hisproject documentation. The same is applicable to Subcontractors. The Monitor isunder contractual obligation to treat the information and documents of theBidder(s)/ Contractor(s)/ Subcontractor(s) with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetingsamong the parties related to the Project provided such meetings could have animpact on the contractual relations between the Principal and the Contractor. Theparties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement,he will so inform the Management of the Principal and request the Management todiscontinue or take corrective action, or to take other relevant action. The monitorcan in this regard submit nonbinding recommendations. Beyond this, the Monitorhas no right to demand from the parties that they act in a specific manner, refrainfrom action or tolerate action.

(6) The Monitor will submit a written report to the Chairman, SAIL within 8 to 10 weeksfrom the date of reference or intimation to him by the Principal and, should theoccasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the Chairman SAIL, a substantiated suspicion of anoffence under relevant IPC/ PC Act, and the Chairman SAIL has not, within thereasonable time taken visible action to proceed against such offence or reported itto the Chief Vigilance Officer, the Monitor may also transmit this information directlyto the Central Vigilance Commissioner.

(8) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

(1) This Pact begins when both parties have legally signed it. It expires for theContractor 12 months after the last payment under the contract, and for all otherBidders 6 months after the contract has been awarded. If any claim is made /lodged during this time, the same shall be binding and continue to be valid despitethe lapse of this pact as specified above, unless it is discharged / determined byChairman of SAIL.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction isthe Registered Office of the Principal, i.e. New Delhi.

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(2) Changes and supplements as well as termination notices need to be made inwriting. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signedby all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, theremainder of this agreement remains valid. In this case, the parties will strive tocome to an agreement to their original intentions.

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

______________________________ ____________________________________________________________ ______________________________(For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor)

(Office Seal) (Office Seal)

Place --------------Date --------------

Witness 1:(Name & Address) _____________________________

_______________________________________________________________________________________

Witness 2:(Name & Address) _____________________________

_______________________________________________________________________________________

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FORMAT – I


Consignment Agent :

Address : Time of arrival of Wagon No.

Time of unload –

Of Wagon NO.

Sub : DAMAGE TO MATERIAL AS IN RECEIVED CONDITION

WAGON No.

RR & DATE

Name of the plant

Description of material

Nature of damage to material

No. of pieces / bundles involved

Approx quantity involved

REMARKS

Signature of WHM Signature of Signature ofAuthorised Consignment AgentRepresentative

Place :

Date :

Time :

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FORMAT – II


To

Consignment Agent……………………………….………………………………..………………………………….

Sub : Damage notice during storage and delivery operations

WAGON No.

RR & DATE

Name of the plant

Description of material

Nature of damage to material

No. of pieces / bundles involved

Approx quantity involved

REMARKS

Place :

Date :

Time :

Signature Signature of Signature ofof Warehouse Manager Authorised Representative Consignment Agent

Date :

Time :

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FORMAT - III


Proforma of Plantwise register for recording damage to materials inreceived condition and during handling and storage operations in yard.

Name of Plant :

Sl.No.

WagonNo.Arr.Date

Product/Qualityinvolved

Damageto

materialsas in

receivedconditionincludingtonnage

Natureof

damagein detail

Damageto

materialsduring

handling &storage

operationsincludingtonnage

Natureof

damagein detail

Amountrecovered

fromcontractor

onaccount ofdamage

Remarks

1 2 3 4 5 6 7 8 9

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FORMAT – IV


………………………..……………..

JOINT INSPECTION REPORT

Date of Inspection: Name of the Warehouse

Sl.No.

Nameof

Plant

WagonNo. &RR

Date

Product/Quality

Involved

Damage to material inreceived condition

Damage to material duringhandling & storage

operation

Remarksincl.

Amountrecovered from

Cont’r ona/c.

DamageNature ofdamage

QtyIn

MT

Qnty.Available

at the timeinspection

Nature ofdamagein detail

QtyIn

MT

Qnty.Available atthe time ofinspection

1 2 3 4 5 6 7 8 9 10 11

Signature: Signature :Name : Name :Designation : Designation :

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FORMAT – V


………………….………….

Consolidated Monthly Joint Inspection Report on damagematerial as in received condition and during handling /

storage operations in Warehouse

Name of the WarehouseSlNo

Date ofinspecti

on

Nameof plant

WagonNo &Date

Product/qualityinvolved

Damage tomaterial inreceivedcondition

Damage tomaterial during

handling &storage

operation

Remarks incld.Amount recoveredfrom Consignment

Agent on a/c ofdamage

Nature ofdamage in

detail

Tonn-age


Tonn-age

Signature: Signature :Name : Name :Designation : Designation :

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FORMAT – VI


………………………………………

Monthly Report on damage to material as inreceived condition and during handling and

storage operations in the Warehouse

Name of Plant : Name of the Warehouse :

Wagon No Product/qualityinvolved

Damage to materialin receivedcondition

Damage to materialduring handling &storage operations

REMARKSincld amount

recovered fromContractor ona/c of damage


Tonnage Nature ofdamagein detail

Tonnage

1 2 3 4 5 6 7

Total material received in damaged conditionFrom the plant during the month : ………………………………… M/T.

Total material damaged by Consignment Agent during the month….. M/T

Total material received in the Stockyard during the month ……………. M/T

Index damage to Material received inMaterial as in received - damaged condition in M/T

Total receipt from the plantDuring the month in M/T

Index of damage to materials - Material damaged by ContractorIn the yard in M/T .

Total receipt from the plantDuring the month in M/T.

Signature :Name :Designation :

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HANDLING AND STORAGE GUIDELINES

There guidelines are being provided along with the Consignment Agency Manual formaking the Consignment Agent understand the exact nature of Handling & Storageoperations as envisaged by the Company, which he is expected to perform.

These guidelines by no mean are exhaustive and can always be supplemented byinstructions given by WHM, depending upon the local conditions. The aim of theseguidelines is to plug the communication gap, if any, between the Handling & Storageoperations, as intended to be performed and as understood by the Tenderer.

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STACKING PLAN

OBJECTIVES OF STACKING PLAN

- Iron & Steel products must be stacked in such a way that there is no mix - up ofmaterials

- Stacking plan must also ensure avoidance of any mix-up of quality for same type ofmaterial.

- It must guard against all sorts of deterioration of material and damage toequipments, tools & tackles.

- It entails minimum handling & guards against multiple handling of material.- It must allow multi point loading \ unloading facilities.- It must be flexible to accommodate future growth and it must ensure safety to

workers.

STACKING \ STORAGE PLAN

It is a plan prepared for stacking of materials in the stockyard, enabling identifiedstacking with respect to predetermined locations for different materials for efficientand safe storage / handling of material. The stacking plan may be reviewed fromtime to time.

GUIDELINES FOR STACKING PLAN

- Assess the types and volume of the material being handled in the stockyard.- Identify the fast & slow moving materials for the yard- Identify the materials which need multi-point loading.- Identify the manual handling and crane handling items.- Prepare an outline sketch of the yard.- Assess the area available for storage vis a vis the volume of material to be stacked.- Determine handling facilities available in the yard- Ensure mobility of cart, truck & trailer in the yard with respect to the accessibility to

the material.- Each stacking bay to the numbered which may be indicated in FTRs, Wagon Cards

and Loading Slips.- No material to be kept within THREE feet of boundary wall, buildings and structures

etc.- The distance between two stacks would be minimum two metres or the turning

radius of the handling equipments.

STACKING PLAN PRINCIPLES

- Material MUST not touch ground- Materials are easily accessible to material handling equipments, tools & tackles etc.- Maximum space utilisation, i.e. each available cubic space must be used.

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STACKING METHODS

Stacking of materials may be done in one or in combination of the following :

- Wagon wise/ Truck wise- Lot wise- Material wise- Quality wise- Size wise

One of the above or in combination may be decided by the WHM and then it must beimplemented by all concerned. Depending on situation, it must be flexible.

BENEFITS FROM SOUND STORAGE & STACKING

Materials can be easily identified since stacked in orderly manner.Materials do not get damaged during stacking / storage.Materials can easily be delivered.Total cost of handling and storage is minimum.

VARIATION IN STAKING PLAN

Stacking Plan in stockyards may vary depending upon :Type of material demanded by the market.Location of buildings, rail tract, weight bridges etc. in the yard.Material handling equipments, tools & tackles in the yard.Size & Shape of the stockyard.However the stacking plan must satisfy all the common objectives as mentioned earlier.

STEPS TO PREPARE STACKING PLAN

Divide the whole working area of stackyard in a number of manageable miniyards(Sectors)EXAMPLE

MONTHLY SALES OF THE SYD. (MTS) NUMBER OF MINIYARDS (SECTORS)

< 5000 One> 5000 < 7000 Two

> 7000 < 10000 Three> 10000 < 15000 Four> 15000 < 25000 Five

> 25000 Six

Each mini-yard (Sector) would be small yard in its own right under supervision of astockyard supervisor.

Identify the type, category and quality of material that is required to be handled most asper the market demand in the stockyard.

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Make provision of stacking of high volume and most demanded items in a number ofoccasions. This would facilitate in multipoint loading / unloading, avoid vehicle congestionat a particular location and distribute the work uniformly in the stockyard. Divide entirestockyard in to easily identifiable bays/ zones. Identify bays/ zones with the material that isto be stacked.

The size of bay/zone may vary according to the volume of material to be stcked at anypoint of time during the operation cycle.

Each bay/zone may be sub-divided in to parts such as :

around the siding away from the siding The stacking of the material in the above space to be determined with respect to

NOTE :

Sufficient space to be provided between stacks (2 – meters) so that there is no mix up anddelivery can be done easily with the handling equipments.

While storing / stacking near the railway siding, sufficient space to be provided so thatcart. Truck / Trailer / crane can move easily. (Six meters away from the track)

The materials which are to be handled manually MUST NOT be stacked along theboundary wall to avoid pilferage.

DUNNAGE / STORAGE RACKS

Dunnage must be used for stacking all type of material. Dunnage may be of metal or wooden. 105 lbs / 90 lbs / 80 lbs untested / rejected rails may be used as permanent

dunnage material, whereas wooden scanting may be used as movable temporarydunnage.,

Permanent storage racks like H-stands, I-stands etc. are shown in the storagechapter.

These dunnages may be fabricated and installed in stockyard. Dunnage also to be used in loading customer’ truck keeping in view. The traffic rules & regulations applicable. Preventing movement of the material during transit. Unloading of material in the customers’ premises so that there is no deterioration in

quality & it is safe to handle.

Wherever required HARDSTAND or equivalent to be constructed.

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