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SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048<strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong><strong>Bhilai</strong> <strong>Steel</strong> <strong>plant</strong>, <strong>Bhilai</strong> - 490001Request for Quotation (RFQ)Open Tender For Sale <strong>of</strong>Iron Scrap recovered from Blast Furnace Slag Dump, CI Skull Scrap, Iron Scrap(Mixer, SPS, PCM, FDY).<strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> PlantThroughOn Line Forward AuctionAuction No.10150048Conducted bymjunction services limitedBHILAI STEEL PLANTMarketing & Business Planning DepartmentRegd. OfficeIspat BhavanLodhi RoadNew Delhi 110003Mailing AddressHOD (Marketing)M&BP DepartmentIspat Bhavan<strong>Bhilai</strong> <strong>Steel</strong> Plant<strong>Bhilai</strong> -490001Phone No.: 0788-222-1171Fax No.: 0788-222-41641


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048To, ____________________________________________________________Date : ___ /___ /______Dear Sirs,Enclosed please find herewith tender documents containing the following:a) Section 1 consists <strong>of</strong> Tender Notice & Special Terms & Conditions for Open Tender for Saleb) Section 2 consists <strong>of</strong> Item details( Annexure-I) & “Format for Items quoted & declaration” Annexure-II, Bank Guarantee details - Annexure –IIIc) Section 3 consists <strong>of</strong>1 General Rules and Regulation governing conduct <strong>of</strong> On-line Forward Auction(Annexure-IV)2 Annexure A- Auction catalogue3 Annexure B- Format for letter <strong>of</strong> Interest to participate in FA4 Annexure C- GENERAL RULES AND REGULATION GOVERNING CONDUCT OF ONLINEAUCTIONS ON THE “SERVICE PROVIDER” PLATFORM5 Annexure D – Definition <strong>of</strong> key terms6 Annexure – E (Terms & condition <strong>of</strong> Sale <strong>of</strong> the material)7 Annexure – F(Terms & condition <strong>of</strong> Sale by road)8 ‘Conditions <strong>of</strong> Sale <strong>of</strong>fer (SAIL-S-1 & FA-1)’ -available on our website ‘www.sailtenders.co.in’ asmentioned in Annexure – E)The tender documents are non-transferable.Salient features relevant to tender are as given in the tender notice.Contact Address: Marketing & Business Planning Department,Ispat Bhawan,<strong>Bhilai</strong>– 490001,<strong>Bhilai</strong>, Chattisgarh, <strong>India</strong>Please submit your Tender in the enclosed formats in sealed cover super scribing Auction number, date anddue date and addressed to the undersigned for the item(s) mentioned as per section–2 maintaining the itemserial number <strong>of</strong> this enquiry in your tender to reach within due date and time.Bidders are requested to read the tender document carefully and submit their tender as per terms & conditionsgiven therein. Bidders are required to sign at each page <strong>of</strong> all the documents mentioned above and submit.Bidders who submit their <strong>of</strong>fers shall be deemed to have read, understood and accepted the terms andconditions <strong>of</strong> the tender document.Enclosed : As aboveFor, HOD (Marketing)SAIL, <strong>Bhilai</strong> <strong>Steel</strong> Plant<strong>Bhilai</strong>Phone: 0788-222-11712


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Section 1Tender Notice:Sub: Open tender for sale <strong>of</strong> Iron Scrap recovered from Blast Furnace Slag Dump, CI SkullScrap, Iron Scrap (Mixer, SPS, PCM, FDY).sealed Tenders are invited from intending buyers for procurement <strong>of</strong> for above category <strong>of</strong> materialsfor a period <strong>of</strong> one year as per details given below:AUCTIONNO.SL NO Category <strong>of</strong> material Cost <strong>of</strong>Tenderdocument1 Iron Scrap recoveredfrom Blast FurnaceSlag Dump in size <strong>of</strong>+10mm to 80 mmRs.5000/(Rs. Fivethousandonly)EMD(Rs.)1 lakhDate <strong>of</strong>selling <strong>of</strong>tenderdocumentDate & time <strong>of</strong>Opening <strong>of</strong>tender101500482 Iron Scrap recoveredfrom Blast FurnaceSlag Dump in size+80mm to 600 mm X600mm X 600mm3 Iron Scrap recoveredfrom Blast FurnaceSlag Dump in sizemaximum up to approx25 Tons1 lakh1 lakhUp to18.10.2011,4:30 PMOn19.10.2011 at11:30AM4 CI Skull Scrap, 10 lakh5 Iron Scrap (Mixer,SPS, PCM, FDY).20 lakhNote: A bidder can quote for any or all or combination <strong>of</strong> the above category <strong>of</strong> material.Non transferable tender documents containing details <strong>of</strong> the material and other particulars may behad from the Offices <strong>of</strong> HOD (Marketing), Ispat Bhawan, <strong>Bhilai</strong> <strong>Steel</strong> Plant, <strong>Bhilai</strong> as detailedabove on payment <strong>of</strong> the cost <strong>of</strong> tender documents to be deposited in the form <strong>of</strong> DD/BC in favour <strong>of</strong>SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant drawn on any Nationalized/Scheduled Bank payable at <strong>Bhilai</strong>, Chhattisgarh.The complete set <strong>of</strong> tender documents can also be downloaded from the websitehttps://www.sailtenders.co.in. However, in such cases the bidder has to deposit the cost <strong>of</strong> tenderdocument by way <strong>of</strong> a separate Bank Draft in a separate envelope super scribing the “Cost <strong>of</strong> TenderDocument” at the time <strong>of</strong> submission <strong>of</strong> tender.Tender documents duly filled in and signed by the competent authority along with requisite EarnestMoney as mentioned in the tender document shall be received in the <strong>of</strong>fice <strong>of</strong> the undersigned up to11.00 AM on or before the date <strong>of</strong> opening as detailed above and the same will be opened at 11.30A.M on the date <strong>of</strong> opening as detailed above in the presence <strong>of</strong> the representatives <strong>of</strong> the bidderswho may like to be present as per terms <strong>of</strong> the tender documents. Tenders (including postal tenders)not accompanied by the requisite Earnest Money and/or cost <strong>of</strong> tender document (in case3


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048downloaded from SAIL website) along with requisite documents and/or received after the specifieddue date and time shall be liable to be rejected. No <strong>of</strong>fer by FAX/e-mail will be accepted. It shallbe the responsibility <strong>of</strong> the persons submitting the tender to ensure that the tenders have beensubmitted in the formats and as per the terms and conditions prescribed in the SAIL website and nochange is made therein before submission <strong>of</strong> their tender. In the event <strong>of</strong> any doubt, regarding theterms and conditions/formats, the person concerned may seek clarification from the authorized<strong>of</strong>ficer <strong>of</strong> SAIL. In case tampering / unauthorized alteration is noticed in the tender submitted,from the tender document available on the SAIL website, the said tender shall be summarily rejectedand the company shall have no liability whatsoever on the matter.SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant reservesthe right to accept the tenders in full or in part and/or reject any or all tenders without assigning anyreason whatsoever. SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant shall not be responsible for any postal delay ordisruption in website/computer links or any other services.Note: Notice also available on our website https://www.sailtenders.co.in & mjunction websitewww.auction.metaljunction.com.HOD (Marketing)4


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Section 1Special Terms & Conditions <strong>of</strong> Open Tender for sale <strong>of</strong> Iron Scrap recovered from BlastFurnace Slag Dump, CI Skull Scrap, Iron Scrap (Mixer, SPS, PCM, FDY) :1. Unless otherwise specified General Conditions <strong>of</strong> Sale <strong>of</strong>fer (SAIL-S/1), as modified from time to timeand SAIL FA-1, both available on SAIL website https://www.sailtenders.co.in will be applicable for thissale <strong>of</strong>fer. Terms mentioned in section 1 hereunder shall be read with SAIL-S/1 and SAIL FA-1. Theterms and conditions mentioned hereunder shall supersede those mentioned in SAIL-S/1 & SAIL FA-1.2. Pro<strong>of</strong> <strong>of</strong> purchase <strong>of</strong> document: Bidders must enclose pro<strong>of</strong> <strong>of</strong> purchase (i.e. acknowledgementdocument <strong>of</strong> BSP) <strong>of</strong> tender documents from SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant. In case the tender document hasbeen downloaded from our website the cost <strong>of</strong> document, in the form <strong>of</strong> demand draft / local banker’scheque drawn in favour <strong>of</strong> SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant from nationalized/scheduled Bank except Cooperativeand Gramin bank payable in favour <strong>of</strong> SAIL, BSP and payable at <strong>Bhilai</strong>, should be submitted along withyour quotation. The pro<strong>of</strong> <strong>of</strong> purchase/cost <strong>of</strong> document should be placed in a sealed envelope along withdocuments as detailed at point 5 below.Note : Bids <strong>of</strong> only those bidders who have submitted valid pro<strong>of</strong> <strong>of</strong> purchase <strong>of</strong> tender documents orwhose demand draft/local banker’s cheque submitted in case <strong>of</strong> tenders downloaded from website arefound to be in order shall be opened.3. Eligibility criteria for sale <strong>of</strong> various category <strong>of</strong> material is detailed below against each :I. To quote for item “Iron Scrap recovered from Blast Furnace Slag Dump insize <strong>of</strong> +10mm to 80 mm”a) Bidders should have the minimum annual turnover <strong>of</strong> Rs. 17.5 Lakhs in any one<strong>of</strong> the financial years during preceding three financial years ending 31-03-2011.ANDb) Bidders should also have the experience <strong>of</strong> buying Iron and/or <strong>Steel</strong> scrap material <strong>of</strong>minimum annual quantity <strong>of</strong> 400 Tonnes from any organization/(s) in any one <strong>of</strong> thefinancial years during preceding five financial years ending 31-03-2011.II.To quote for item “Iron Scrap recovered from Blast Furnace Slag Dump insize +80mm to 600 mm X 600mm X 600mm”a) Bidders should have the minimum annual turnover <strong>of</strong> Rs. 35 Lakhs in any one <strong>of</strong>the financial years during preceding three financial years ending 31-03-2011.ANDb) Bidders should also have the experience <strong>of</strong> buying Iron and/or <strong>Steel</strong> scrap material <strong>of</strong>minimum annual quantity <strong>of</strong> 400 Tonnes from any organization/(s) in any one <strong>of</strong> thefinancial years during preceding five financial years ending 31-03-2011.III. To quote for item “Iron Scrap recovered from Blast Furnace Slag Dump insize maximum up to approx 25 Tons”a)Bidders should have the minimum annual turnover <strong>of</strong> Rs. 20 Lakhs in any one <strong>of</strong>the financial years during preceding three financial years ending 31-03-2011.AND5


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048b) Bidders should also have the experience <strong>of</strong> buying Iron and/or <strong>Steel</strong> scrap material <strong>of</strong>minimum annual quantity <strong>of</strong> 270 Tonnes from any organization/(s) in any one <strong>of</strong> thefinancial years during preceding five financial years ending 31-03-2011.IV. To quote for item “CI Skull Scrap”a)Bidders should have the minimum annual turnover <strong>of</strong> Rs. 4 crores in any one <strong>of</strong>the financial years during preceding three financial years ending 31-03-2011.ANDb)Bidders should also have the experience <strong>of</strong> buying Iron and/or <strong>Steel</strong> scrap material <strong>of</strong> minimumannual quantity <strong>of</strong> 1600 Tonnes from any organization/(s) in any one <strong>of</strong> the financialyears during preceding five financial years ending 31-03-2011.V. To quote for item “Iron Scrap (Mixer, SPS, PCM, FDY).”a)Bidders should have the minimum annual turnover <strong>of</strong> Rs. 6.5 crores in any one <strong>of</strong>the financial years during preceding three financial years ending 31-03-2011.ANDb) Bidders should also have the experience <strong>of</strong> buying Iron and/or <strong>Steel</strong> scrap material <strong>of</strong>minimum annual quantity <strong>of</strong> 3200 Tonnes from any organization/(s) in any one <strong>of</strong>the financial years during preceding five financial years ending 31-03-2011.For fulfillment <strong>of</strong> eligibility criteriaa) Bidders should submit Audited Pr<strong>of</strong>it and Loss account & Balance sheet, duly notarized forsupporting the above.The bidder opting to quote for more than one category <strong>of</strong> material, the minimum annual turnovershall be total <strong>of</strong> minimum annual turnover shown against each categoryExample 1: .-bidder opting for category <strong>of</strong> material at Sl. No I then minimum annual turnovershall be Rs. 17.5 LakhsExample 2 :bidder opting for category <strong>of</strong> material at Sl. No 1,III & V then minimum annualturnover shall be Rs. 6.875 crores i.e ( Rs.17.5Lakh+Rs.20 Lakhs+Rs.6.5 crore) for qualifying ineligibility criteria for turnover.Example 3.-bidder opting for all category <strong>of</strong> material from Sl. No I to V, then minimum annualturnover shall be Rs. 11.225 crores i.e ( Rs.17.5 Lakhs+35Lakhs+Rs.20 Lakhs+Rs.4Crore+Rs.6.5 crore) for qualifying in eligibility criteria for turnover.ANDb) Bidder should also submit the Purchase/Sale Offer copy along with copy <strong>of</strong> certificate, dulynotorised, from the concerned organisation clearly showing the quantity <strong>of</strong> Iron and/or <strong>Steel</strong>scrap material purchased from that organisation. in any one <strong>of</strong> the financial years duringpreceding five financial years ending 31-03-2011.6


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048The bidder opting to quote for more than one category <strong>of</strong> material, the minimum annual quantityshall be total <strong>of</strong> minimum annual quantity shown against each categoryExample -1. bidder opting for category <strong>of</strong> material at S. No I then minimum annual quantity shallbe 400 TonnesExample -2 bidder opting for category <strong>of</strong> material at S. No I, III & V then minimum annualquantity shall be 3870 Tonnes i.e ( 400 Tonnes+ 270 Tonnes + 3200 Tonnes) for qualifying ineligibility criteria for quantity.Example -3 bidder opting for all category <strong>of</strong> material from Sl. No I to V, then minimum annualquantity shall be 5870 Tonnes i.e (400 Tonnes+ 400 Tonnes + 270 Tonnes+1600 Tonnes+3200 Tonnes) for qualifying in eligibility criteria for quantity.In case <strong>of</strong> any point <strong>of</strong> time, if it is proved that documents submitted are found to befalse/fabricated then this Sale Offer will be cancelled forthwith and business dealings with theparty will be banned for a period <strong>of</strong> three years without any further enquiry along with forfeiture<strong>of</strong> EMD/Security Deposit. If required, the originals <strong>of</strong> the documents will be sought from thebidders for verification <strong>of</strong> concerned documents submitted by the bidders in fulfilling eligibilitycriteria.4. Earnest Money Deposit (EMD): EMD shall be paid by the bidders as indicated above.Earnest Money is to be deposited in the form <strong>of</strong> Demand Draft/Banker’s Cheque on anynationalized/scheduled Bank except Cooperative and Gramin bank, drawn in favour <strong>of</strong> SAIL/<strong>Bhilai</strong> <strong>Steel</strong>Plant payable at <strong>Bhilai</strong>. No interest shall be payable on the Earnest Money deposit. EMD shall not beacceptable in the form <strong>of</strong> Bank Guarantee under any circumstances.EMD will be adjusted against security deposit which has been submitted in the form <strong>of</strong> DemandDraft/Banker’s Cheque. However EMD will not be adjusted against security deposit in case securitydeposit submitted in the form <strong>of</strong> Bank Guarantee. In the event <strong>of</strong> failure on the part <strong>of</strong> the customer tomake full payment against security deposit and value <strong>of</strong> the material along with the taxes and duties asapplicable, within the date specified in sale <strong>of</strong>fer, SAIL/BSP, may at its sole discretion ,cancel the sale<strong>of</strong>fer and forfeit the earnest money without issuing any prior notice to the customer or assigning anyreason, whatsoever.In case <strong>of</strong> security deposit submitted in the form <strong>of</strong> Bank Guarantee, the above EMD is refundable onlyon satisfactory performance <strong>of</strong> the sale <strong>of</strong>fer and fulfillment <strong>of</strong> obligations under the sale <strong>of</strong>fer to BSP'ssatisfaction. In the event <strong>of</strong> failure to fulfill any <strong>of</strong> obligations under the sale <strong>of</strong>fer to BSP's satisfactions,BSP shall be at liberty to cancel the sale <strong>of</strong>fer, forfeit the EMD and such other amounts that may lying withBSP. All losses that might be incurred by BSP in this connection shall be recoverable from the bidder.5. Submission <strong>of</strong> Tender : The tender should be submitted in sealed envelopes as under:Bidder shall submit their <strong>of</strong>fer in the prescribed tender documents purchased from Marketing & BusinessPlanning Department, <strong>Bhilai</strong> <strong>Steel</strong> Plant / downloaded from SAIL or MJ website. Submission <strong>of</strong> tender inany other form is not acceptable. Tenders will be submitted by the date & time stipulated in the invitationto tender to HOD (Marketing), BSP, BHILAI in three parts.In part I ,the bidder shall enclose the following in a sealed cover super scribing on it the Auction No.,Date,& the words “ Part-I ”.a) DD/BC <strong>of</strong> Rs.5000/-, towards cost <strong>of</strong> Tender Documents in case it is downloaded from SAIL/MJWebsite (To be submitted in a separate envelope super scribing “Cost <strong>of</strong> Tender Document”)b) DD/BC towards Earnest Money (To be submitted in a separate envelope super scribing “EMD”)c) The items being quoted for should be indicated in the format as in annexure-II, in a sealedenvelope super scribing the Tender No, date, Annexure II.7


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Note:• All the Demand Draft(DD)/Banker’s Cheque(BC) should be drawn on anyNationalized/Scheduled Bank except co-operative and gramin bank in favour <strong>of</strong>SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant payable at <strong>Bhilai</strong>.• Tender submitted without requisite cost <strong>of</strong> tender document (In case downloaded fromSAIL/ MJ website) and/or Earnest Money shall be summarily rejected.In part II ,the bidder shall enclose the following in a sealed cover super scribing on it the Auction No.,Date,& the words “ Part-II ”.a) Proprietorship Affidavit/Partnership Deed / Memorandum & Articles <strong>of</strong> Association as thecase may be. Separate sheet detailing the name <strong>of</strong> Directors has to be submitted in case <strong>of</strong> a<strong>Limited</strong> Company, Excise Registration Certificate, Sales Tax Registration certificate, Biddermust also submit PAN, Name <strong>of</strong> the bank and Location <strong>of</strong> the branch & A/c no separately inLetterhead.b) The Tender Notice and tender document. The bidder shall put his signature, date & seal oneach page <strong>of</strong> the tender documents.In part III ,the bidder shall enclose the following in a sealed cover super scribing on it the Auction No.,Date,& the words “ Part-III ”.a) Notorised copy <strong>of</strong> documents for fulfillment <strong>of</strong> eligibility criteria as mention in tenderdocument .6. Tenders without requisite /acceptable documents as stipulated in the eligibility criteria shall besummarily rejected.7. Validity: The price quoted in the On Line Forward Auction shall remain valid foracceptance for 60 days from the date <strong>of</strong> On Line Forward auction.8. Material:8.1) Iron Scrap recovered from Blast Furnace Slag Dump, CI Skull Scrap andIron Scrap (Mixer, SPS, PCM, FDY) <strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> Plant on “As is Where is basis” & “NoComplaint basis” as detailed in Annexure I.8.2) The intending bidder may inspect the material lying at the earmarked site, in the <strong>plant</strong> and quotefor purchase only after thoroughly satisfying themselves about the nature, condition, quality andquantity /size <strong>of</strong> materials or working conditions.8.3) SAIL/<strong>Bhilai</strong> <strong>Steel</strong> Plant gives no guarantee or warranty as to the condition <strong>of</strong> the material, itsquality and quantity/size or its fitness, suitability for any specific purpose or use. It is clearly tobe noted that no claim, complaint about the quality/quantity/condition/fitness/size/ suitability etc.,<strong>of</strong> the materials for use shall be entertained.8.4) The area where the material is lying is/may be one <strong>of</strong> the areas <strong>of</strong> active work in connection withproduction <strong>of</strong> Iron & <strong>Steel</strong>. Under no circumstances any operation/action <strong>of</strong> the purchaser shallinterfere with and/or interrupt the normal operation <strong>of</strong> the Plant. All the safety and security rulesand regulations are to be fully complied by the purchasers.9. Items & Quantities:9.1) Bidder should quote for the full tendered quantity (indicative) and for the complete period <strong>of</strong> one yearfor any or all or combination <strong>of</strong> the following category <strong>of</strong> material:8


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 101500481 Iron Scrap recovered from Blast Furnace Slag Dump in size <strong>of</strong> +10mm to 80 mm – approx 2000 Tper year.2 Iron Scrap recovered from Blast Furnace Slag Dump in size +80mm to 600 mm X 600mm X600mm – approx 2000 T per year.3 Iron Scrap recovered from Blast Furnace Slag Dump in size maximum up to approx 25 Tons –approx.1350 T per year4 CI Skull Scrap approx 8000 T per year.5 Iron Scrap (Mixer, SPS, PCM, FDY). approx 16000 T per year.Note: The bidders cannot quote for part qty <strong>of</strong> any <strong>of</strong> the category <strong>of</strong> material or for part period <strong>of</strong> sale<strong>of</strong>fer.9.2) In case, the supplier is not able to supply the indicated quantity due to any constraints and or any otherunforeseen factors beyond the control <strong>of</strong> the supplier, the supplier shall not be liable for anycompensation whatsoever.10. Price:10.1) The documents submitted against the eligibility criteria by the bidders will be evaluated by SAIL-BHILAI STEEL PLANT for the acceptability and eligibility <strong>of</strong> the bidder.The eligible bidders , as evaluated as mentioned above, will be intimated the date <strong>of</strong> forward auctionto participate in online forward auction conducted by mjunction services ltd. The bidders shall have toquote their price (basic rate only) exclusive <strong>of</strong> taxes and duties etc in the form <strong>of</strong> Rs/MT for lifting <strong>of</strong>the quantity as per clause 8 & 9 above without any pre condition in the forward auction to beconducted by our service provider M/s mjunction services ltd. The bidders should submit theiracceptance to participate and quote their prices in the forward auction, as given in the annexure II.General Rules and Regulation governing conduct <strong>of</strong> On-line Forward Auction are enclosed at Annexure-IV10.2) Taxes, duties and levies as applicable, shall be charged separately as under -Excise Duty :1. The amount <strong>of</strong> Excise Duty, education cess and other taxes and impacts as applicable/assessed forthe items under this sale <strong>of</strong>fer shall be paid in advance by bidder in addition to the value <strong>of</strong> thematerial and also on the expenses incurred on loading <strong>of</strong> the materials, if any, payable by bidder.The current rate <strong>of</strong> excise duty is 10% ad valorem and education cess is 3% on excise duty butwhatever rate <strong>of</strong> excise duty and education cess is assessed by the Excise Authorities, applicableon the date <strong>of</strong> actual lifting shall be paid by bidder.2. The Bidder has to comply with the provisions <strong>of</strong> the Central Excise Act and rules framed theirunder and also the orders or instructions issued in this behalf by the appropriate authorities.Bidder shall also make available the records to Central Excise Authorities as and when required.3. In the event <strong>of</strong> any dispute with regard to excise duty and education cess and Central ExciseAuthorities levying any additional charges, such duty/charges shall be payable by bidder. Furtherany penalty/interest etc imposed by Excise Authorities for non-observance <strong>of</strong> the Excise Lawsand procedure shall also be borne by bidder.4. The liability on account <strong>of</strong> excise duty, education cess and consequential penalty/interest, if any,concerning or in relation to the material covered under this sale <strong>of</strong>fer shall be entirely on biddersand <strong>Bhilai</strong> <strong>Steel</strong> Plant shall not bear any liability or responsibility in this regard.9


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Sales Tax/Value Added Tax (VAT) :1. The amount <strong>of</strong> Sales Tax/VAT as applicable/assessed for the items under this sale <strong>of</strong>fer shall bepaid in advance by bidder in addition to in addition to the value <strong>of</strong> the material along with exciseduty and education cess thereon.2. The Bidder has to comply with the provisions <strong>of</strong> the Sales Tax and Vat Act and rules framed theirunder and also the orders or instructions issued in this behalf by the appropriate authorities.Bidder shall also make available the records to Sales Tax Authorities as and when required.3. In the event <strong>of</strong> any dispute with regard to Sales Tax/VAT and Sales Tax Authorities levying anyadditional charges, such tax/charges shall be payable by bidder. Any penalty/interest etc imposedby Sales Tax Authorities for non-observance <strong>of</strong> the Sales Tax/VAT Laws and procedure shall alsobe borne by bidder.4. The liability on account <strong>of</strong> Sales Tax/VAT and consequential penalty/interest, if any, concerningor in relation to the material covered under this sale <strong>of</strong>fer shall be entirely on bidder and <strong>Bhilai</strong><strong>Steel</strong> Plant shall not bear any liability or responsibility in this regard.Note :In respect <strong>of</strong> sale through online auction process, all sales through auction process isconsidered as a Local Sale. Therefore VAT at the applicable rates will apply.Terminal Tax :1. The amount <strong>of</strong> Terminal Tax as applicable/assessed for the items under this sale <strong>of</strong>fer under theprovisions <strong>of</strong> Municipality Act or Municipal Corporation Act shall be paid in advance by bidderin addition to the value <strong>of</strong> material along with excise duty and education cess thereon and SalesTax/VAT etc.2. The bidder has to comply with the provisions <strong>of</strong> the Municipality Act and Municipal CorporationAct and rules framed their under and also the orders or instructions issued in this behalf by theappropriate authorities. Bidder shall also make available the records to Municipal Authorities asand when required.3. In the event <strong>of</strong> any dispute with regard to Terminal Tax and Municipal Authorities levying anyadditional charges, such tax/charges shall be payable by bidder. Any penalty/interest etc imposedby Municipal Authorities for non-observance <strong>of</strong> the Municipal Laws and procedure shall also beborne by bidder.4. The liability on account <strong>of</strong> Terminal Tax and consequential penalty/interest, if any, concerning orin relation to the material covered under this sale <strong>of</strong>fer shall be entirely on bidder and <strong>Bhilai</strong> <strong>Steel</strong>Plant shall not bear any liability or responsibility in this regard.Tax Collection at Source (TCS) :1. The amount <strong>of</strong> Tax Collection at Source (TCS) as applicable/assessed for the items under this sale<strong>of</strong>fer under the provisions <strong>of</strong> Income Tax Act shall be paid in advance by bidder in addition to thevalue <strong>of</strong> material along with excise duty and education cess thereon and Sales Tax/VAT andTerminal Tax etc.2. The bidder has to comply with the provisions <strong>of</strong> the Income Tax Act and rules framed their underand also the orders or instructions issued in this behalf by the appropriate authorities. Bidder shallalso make available the records to Income Tax Authorities as and when required.3. In the event <strong>of</strong> any dispute with regard to TCS and Income Tax Authorities levying any additionalcharges, such tax/charges shall be payable by bidder. Any penalty/interest etc imposed by IncomeTax Authorities for non-observance <strong>of</strong> the Income Tax Laws and procedure shall also be borne bybidder.10


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 101500484. The liability on account <strong>of</strong> TCS and consequential penalty/interest, if any, concerning or inrelation to the material covered under this sale <strong>of</strong>fer shall be entirely on bidder and <strong>Bhilai</strong> <strong>Steel</strong>Plant shall not bear any liability or responsibility in this regard.Other Taxes/duties/levies/charges :1. The liability on account <strong>of</strong> imposition or levy <strong>of</strong> any new or existing taxes/duties/levies/chargesand/or increase in rate <strong>of</strong> taxes/duties/levies/charges as levied by local/state/central Govtconcerning or in relation to the material covered under this sale <strong>of</strong>fer shall be entirely on bidderand <strong>Bhilai</strong> <strong>Steel</strong> Plant shall not bear any liability or responsibility in this regard.10.3) PRICE VARIATION CLAUSE:The Price variation Clause which shall be applicable is detailed below:-The price shall be subject to price variation formula linked to the price <strong>of</strong> prime mixed grade <strong>of</strong> PigIron. Price to be fixed quarterly on the basis <strong>of</strong> average NSR (Net Sales Realisation) Price <strong>of</strong> primemixed grade <strong>of</strong> Pig Iron sold in Chhattisgarh from BSP as will be intimated by Branch Sales Office(BSO) <strong>Bhilai</strong>..The price will be firm for the first three months <strong>of</strong> the sale <strong>of</strong>fer (i.e. the successful H1 price quotedby the party (P)) and prices for subsequent every three months period will be linked to average NSRPrice <strong>of</strong> prime mixed grade <strong>of</strong> Pig Iron sold in Chhattisgarh from BSP as follows:-Average NSR Price <strong>of</strong> prime mixed grade <strong>of</strong> Pig Iron sold in Chhattisgarh from BSP = ANPANP applicable on the month <strong>of</strong> issue <strong>of</strong> sale <strong>of</strong>fer : PI0ANP <strong>of</strong> the first month <strong>of</strong> issue <strong>of</strong> sale <strong>of</strong>fer : PI1ANP <strong>of</strong> the second month from issue <strong>of</strong> sale <strong>of</strong>fer : PI2ANP <strong>of</strong> the third month from issue <strong>of</strong> sale <strong>of</strong>fer : PI3Average price <strong>of</strong> Pig Iron in the first three months= PI1+PI2+PI3 =PA13Percentage increase in the average price <strong>of</strong> pig Iron in first quarter <strong>of</strong> sale <strong>of</strong>fer:( PA1-PI0 ) *100 = f1PI0Average prices & Percentage increase in the average prices <strong>of</strong> pig Iron in second quarter and thirdquarter (i.e. f2 & f3) shall also be calculated as above.Price <strong>of</strong> the scrap for first quarter = PPrice <strong>of</strong> the scrap for second quarter P1 = P+ P*f1Price <strong>of</strong> the scrap for third quarter P2= P1 + P1*f2Price <strong>of</strong> the scrap for fourth quarter P3= P2 + P2*f3The bidder will have to pay the excess amount due for the material lifted in the previous quarter, withinseven working days from the date <strong>of</strong> intimation <strong>of</strong> revised price as above. All the statutory levies andtaxes will be borne by the bidder in case the additional value <strong>of</strong> material is payable by the bidder because<strong>of</strong> price variation as calculated above. In case the amount is not paid within seven working days from thedate <strong>of</strong> intimation <strong>of</strong> revised price, the bidder has to pay interest at the @24% per annum on the dueamount for the period <strong>of</strong> delay. If payment is not received within 30 working days, then the dispatcheswill be suspended till the payment is received along with the interest as calculated above. It is madeabundantly clear that no refund on account <strong>of</strong> taxes/duties/levies shall be entertained by <strong>Bhilai</strong> <strong>Steel</strong> Plantin case the revise price as calculated above after adjustment <strong>of</strong> price variation is less than the originalprice charged, in such a situation the bidder has to claim the refund, if any, directly from taxationauthorities. Further the compilation <strong>of</strong> average NSR Price for sales in Chhattisgarh from BSP for PrimeMixed grade <strong>of</strong> Pig Iron as intimated by Branch Sales Office (BSO) <strong>Bhilai</strong> in a particular month shall befinal and binding on the bidder and no claim, whatsoever, shall be entertained in this regard.11


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 1015004811. Security Deposit:11.1) Security deposit to be deposited by successful bidder under the sale <strong>of</strong>fer shall be @ 5% <strong>of</strong> value <strong>of</strong>the total quantity <strong>of</strong> Materials projected to be sold during the period <strong>of</strong> sale <strong>of</strong>fer <strong>of</strong> one yearexcluding Taxes & Duties in the form <strong>of</strong> Demand Draft/Banker’s Cheque on anynationalized/scheduled Bank except Cooperative and Gramin bank, drawn in favour <strong>of</strong> SAIL/<strong>Bhilai</strong><strong>Steel</strong> Plant payable at <strong>Bhilai</strong> . The security deposit calculated as above can also be deposited in theform <strong>of</strong> irrevocable Bank Guarantee on a non judicial stamp paper <strong>of</strong> appropriate value (in theformat enclosed at annexure –III) submitted by any nationalized/scheduled Bank exceptCooperative and Gramin bank with a minimum validity <strong>of</strong> 24 months from the date <strong>of</strong> issue <strong>of</strong> sale<strong>of</strong>fer. The validity <strong>of</strong> the Bank Guarantee beyond 24 months from the date <strong>of</strong> sale <strong>of</strong>fer may have tobe increased by the bidder if so advised by SAIL/BSP.11.2) No dispute with regard to the amount <strong>of</strong> Security Deposit in case <strong>of</strong> any variation in thequoted/allotted quantity and the actual quantity available will be entertained. No interest shall bepayable on the security deposit.11.3) The Earnest Money deposited by the successful bidder shall be adjusted against Security Deposit(SD) which has been submitted in the form <strong>of</strong> Demand Draft (DD)/Banker’s Cheque (BC) andbalance amount <strong>of</strong> Security Deposit will have to be paid by the successful bidder in the form <strong>of</strong>Demand Draft (DD)/Banker’s Cheque (BC). However EMD will not be adjusted against securitydeposit in case security deposit submitted in the form <strong>of</strong> Bank Guarantee.11.4) The afore said security deposit either in the form <strong>of</strong> Demand Draft (DD)/Banker’s Cheque (BC) orBank Guarantee has to be submitted within ten(10) working days from the date <strong>of</strong> issue <strong>of</strong> sale<strong>of</strong>fer. In case <strong>of</strong> failure to submit the Security Deposit within the stipulated date, the <strong>of</strong>fer willstand cancelled and the EMD will be forfeited.11.5) The above security deposit submitted is refundable / returnable only on satisfactory performance <strong>of</strong>the sale <strong>of</strong>fer and fulfillment <strong>of</strong> obligations under sale <strong>of</strong>fer to BSP's satisfaction. In the event <strong>of</strong>failure to fulfill any <strong>of</strong> obligations under sale <strong>of</strong>fer to BSP's satisfactions, BSP shall be at liberty tocancel the sale <strong>of</strong>fer, forfeit the EMD/security deposit and such other amounts that may lying withBSP. All losses that might be incurred by BSP in this connection shall be recoverable from bidder.11.6) The decision <strong>of</strong> Chief Executive Officer, SAIL/BSP or his authorised representative as to the timeand manner <strong>of</strong> satisfactory performance <strong>of</strong> the sale <strong>of</strong>fer by bidder shall be final and binding onbidder.11.7) BSP is entitled to withhold the security deposit or any other amount that may be found payable tobidder under this sale <strong>of</strong>fer or under any other sale <strong>of</strong>fer/contract for adjustment/recovery towardsBSP’s losses, damages, charges or any claim on any account in respect <strong>of</strong> this sale <strong>of</strong>fer or underany other sale <strong>of</strong>fer/contract and continue to withhold till all the claims <strong>of</strong> BSP are fully andfinally settled and satisfied. No interest is payable by BSP on the amount so withheld.12. Payment:The purchaser shall deposit 100% advance payment towards the cost <strong>of</strong> material, taxes &duties for the quantity projected to be sold in one month, in the first week <strong>of</strong> the monthitself, before the loading & dispatch <strong>of</strong> the material for the month is started. If 100%quantity is lifted before the completion <strong>of</strong> the months period, further amount correspondingto the expected additional qty to be lifted in that month is to be deposited by the buyerbefore lifting the next consignment. That is, in no case loading & dispatch <strong>of</strong> material isallowed without the pre-deposit <strong>of</strong> the cost <strong>of</strong> material every month. In case <strong>of</strong> nonavailability <strong>of</strong> the material, amount to that extent will be adjusted in the next monthIn case the purchaser fails to make full payment against the stipulated monthly quantity inany month within the specified dates as mentioned above, BSP may at its discretionterminate the contract and forfeit the security deposit.12


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 1015004813. Mode <strong>of</strong> Transport:13.1) The material is to be transported by successful bidder(s) by road only.13.2) Purchase/lifting <strong>of</strong> the material under sale <strong>of</strong>fer should be within the period as mentioned in the SaleOffer/Delivery Order. The bidder shall have to buy /lift the entire stipulated materials .In case <strong>of</strong> nonlifting <strong>of</strong> lot/lots clause for “Abandoned goods” clause 16 <strong>of</strong> annexure E will be applied.14. Weighment:Material once loaded and certified by authorised representative <strong>of</strong> BSP, shall be weighed at weigh bridge<strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> Plant & weightment certificate issued by the authorized weighbridge representative (bothfor Gross and Tare Weight) shall be the sole criteria for determining the chargeable quantity and value <strong>of</strong>the material dispatched. BSP shall not be responsible for any under loading/shortage in transit etc. afterloading / weighment / dispatch.15. Period <strong>of</strong> Sale <strong>of</strong>fer:The period <strong>of</strong> sale <strong>of</strong>fer shall be for 1 (One) year from the date <strong>of</strong> issue <strong>of</strong> sale <strong>of</strong>fer.16. Termination:16.1) Notwithstanding anything contained in the sale <strong>of</strong>fer, SAIL, <strong>Bhilai</strong> <strong>Steel</strong> Plant will have the option toterminate the sale <strong>of</strong>fer by giving minimum 15 (Fifteen) days notice to the bidder without assigningany reasons whatsoever.16.2) In the event <strong>of</strong> failure on part <strong>of</strong> bidder to fulfill any <strong>of</strong> the obligations under the sale <strong>of</strong>fer to thesatisfaction o <strong>Bhilai</strong> <strong>Steel</strong> Plant, the decision <strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> Plant will be final and binding on thebidder. SAIL, <strong>Bhilai</strong> <strong>Steel</strong> Plant at its sole discretion may cancel the balance un lifted quantity <strong>of</strong> thesale <strong>of</strong>fer with immediate effect. In such a situation, BSP may forfeit the security deposit (in form <strong>of</strong>DD/BC/Bank Guarantee) and such amount that may be lying with BSP by way <strong>of</strong> advance on account<strong>of</strong> value <strong>of</strong> material and other charges and dispose <strong>of</strong> material and losses in this connection incurred byBSP shall be recoverable from the bidder.17. Failure to make payment <strong>of</strong> Security DepositIn the event <strong>of</strong> failure on the part <strong>of</strong> the successful bidder to make full payment against security depositwithin the date specified in the sale <strong>of</strong>fer, SAIL may at its sole discretion, cancel the sale <strong>of</strong>fer andforfeit the earnest money/security deposit without issuing any prior notice to the bidder or assigningany reason, whatsoever18. Penalty for short lifting :Performance <strong>of</strong> the bidder will be reviewed on quarterly basis. If the bidder fails to lift the minimum 90%(Ninety percent) <strong>of</strong> the one fourth <strong>of</strong> the annual quantity <strong>of</strong>fered, within three months <strong>of</strong> issue <strong>of</strong> sale<strong>of</strong>fer, penalty at the rate <strong>of</strong> 5 % <strong>of</strong> the base value after adjusting price variation shall be payable by thebidder for the quantity which falls short <strong>of</strong> 90% (Ninety percent) <strong>of</strong> the one fourth <strong>of</strong> the annual quantity<strong>of</strong>fered. The penalty will not be chargeable, at the discretion <strong>of</strong> BSP management, in case the <strong>of</strong>feredquantities are not made available for lifting to the bidder by SAIL/BSP. The bidder will have to pay thispenalty amount within seven working days from the last day <strong>of</strong> the three months from the issue <strong>of</strong> sale<strong>of</strong>fer. In case the amount is not paid within these seven working days, the bidder has to pay interest at the@24% per annum on the due amount for the period <strong>of</strong> delay. If payment is not received within 30working days, then the dispatches will be suspended till the payment is received along with the interest.In such a situation, SAIL/BSP will be at liberty to cancel the sale <strong>of</strong>fer and forfeit the security deposit (inform <strong>of</strong> DD/BC/Bank Guarantee) and such amount that may be lying with BSP by way <strong>of</strong> advance onaccount <strong>of</strong> value <strong>of</strong> material and other charges and dispose <strong>of</strong> material and losses in this connectionincurred by BSP shall be recoverable from the bidder.13


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Section 2Material for Sale:ANNEXURE-I1 Iron Scrap recovered from Blast Furnace Slag Dump in size <strong>of</strong> +10mm to 80 mm – approx 2000 Tper year.2 Iron Scrap recovered from Blast Furnace Slag Dump in size +80mm to 600 mm X 600mm X600mm – approx 2000 T per year.3 Iron Scrap recovered from Blast Furnace Slag Dump in size maximum up to approx 25 Tons –approx.1350 T per year4 CI Skull Scrap approx 8000 T per year.5 Iron Scrap (Mixer, SPS, PCM, FDY). approx 16000 T per year.I. The above items will be sold on “as is where basis” & “no complaint basis ” as virtual lot during theperiod <strong>of</strong> sale <strong>of</strong>fer for a period <strong>of</strong> 12 months.II.III.IV.Material shall be loaded into buyer’s vehicle by the bidder. Loading shall be supervised by Operatingauthority to ensure no pick and choose <strong>of</strong> material.For all Lots, loading/transportation <strong>of</strong> the items have to be done by the bidder at their own cost andrisk. However, loading charges so incurred for lifting <strong>of</strong> material will be added to the assessable valueand the same shall be excisable and shall be borne by the bidder. The loading charges to be indicatedby the purchaserNumber <strong>of</strong> vehicles deployed and location <strong>of</strong> loading shall be finalized on day to day basis along withExecutive I/C <strong>of</strong> operating authorityV. The lot being virtual, quantity available may vary.VI.VII.VIII.IX.Material once loaded into buyer’s vehicle and certified by loading unit representative & CISF, shallbe weighed at authorized weigh bridge <strong>of</strong> BHILAI STEEL PLANT.No complaint on quantity and/or quality shall be entertained.At any point <strong>of</strong> time, BHILAI STEEL PLANT may decide to withdraw the material from sale.Out <strong>of</strong> 8000 T <strong>of</strong> CI Skull Scrap, some <strong>of</strong> the CI Skull Scrap are not in loadable size. These CI SkullScrap will have to be processed/cut by the purchaser before loading. The bidder/purchaser have toindicate the expenses for processing/cutting for charging taxes duties and levies.14


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048ANNEXURE-IICategory <strong>of</strong> material quoted for and the declaration by the bidderSub: Open Tender for sale <strong>of</strong> Iron Scrap recovered from Blast Furnace Slag Dump, CI Skull Scrapand Iron Scrap (Mixer, SPS, PCM, FDY) against Auction Number:SlnoItem01) Iron Scrap recovered from Blast Furnace Slag Dump insize <strong>of</strong> +10mm to 80 mm02) Iron Scrap recovered from Blast Furnace Slag Dump insize +80mm to 600 mm X 600mm X 600mmQuoted Quantity(T)/ year(Approx.)20002000Interested toquote for*03) Iron Scrap recovered from Blast Furnace Slag Dump insize maximum up to approx 25 Tons135004) CI Skull Scrap 800005) Iron Scrap (Mixer, SPS, PCM, FDY) 16000* Bidders must indicate “YES” for the items being quoted for or else indicate ‘‘NO’’ in the “Interestedto quote for ” column. Bidders must quote at least for one item. No row should be left blank.Declaration: I hereby declare that I have understood all the terms and conditions <strong>of</strong> sale for above Tender andadmit that all the documents and information provided in support for the participation in the tender are true.Also, it is declared that all the terms and conditions for the sale are acceptable without any pre-condition andprejudice and will be obeyed all the time during the sale <strong>of</strong>fer period.We agree to participate & bid the price/s in the online forward auction to be conducted by your serviceprovider mjunction services ltd. as per the terms and conditions <strong>of</strong> the forward auction, for the item/s forwhich we are eligible to quote for. The Basic price in Rs./ T basis, shall be quoted by us. We understand &agree that all taxes, duties and levies are extra as applicable & borne by us.PlaceDateSignature <strong>of</strong> Bidder with SealName:Address:Phone No.Fax:E- Mail:15


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048ANNEXURE-IIIInstructions for Bank Guarantee (BG) to be submitted as Security Deposit (SD)1. Bank Guarantee is required to be submitted, by the buyer / purchaser in the prescribed formatenclosed herewith.2. The Bank Guarantee being submitted should be from a nationalized/schedule Bank.3. The Stamp paper used for Bank Guarantee must be <strong>of</strong> appropriate value and should be purchased onbehalf <strong>of</strong> the issuing Bank. Issuance <strong>of</strong> amendment / extension <strong>of</strong> BG if any, should also be made onStamp Paper <strong>of</strong> appropriate value purchased in the name <strong>of</strong> the Bank.4. The name, designation and authorization no. <strong>of</strong> the person issuing the BG must be clearly indicated inthe document.5. The BGs should be directly submitted from the Bankers, to the beneficiary i.e. BSPEnclosure:1. Bank Guarantee (format)16


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Name <strong>of</strong> the Bank :Address <strong>of</strong> Bank :Fax No/email Address :Name & address :Of the purchaser :Guarantee No. :Date <strong>of</strong> issue :Date <strong>of</strong> expiry :Limit <strong>of</strong> Liability :Security Deposit Bank GuaranteeName <strong>of</strong> facilities:‘Purchase <strong>of</strong>……………………………………………………………..’(category <strong>of</strong> material being purchased is to be indicated)Sale Offer No & Date :To<strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong><strong>Bhilai</strong> <strong>Steel</strong> Plant<strong>Bhilai</strong> (Chhattisgarh)Dear Sirs,In consideration <strong>of</strong> your agreeing to accept the Security Deposit <strong>of</strong> Rs……………………………………..(Rupees …………………………………………………………………………….) to be produced to you by______________________________________(Name <strong>of</strong> the party) (hereinafter referred to as the Purchaser)in terms <strong>of</strong> their purchase request with you for supply <strong>of</strong> about ____________ MT (Quantity) approx <strong>of</strong>______________ ______________________ (category <strong>of</strong> material being purchased is to be indicated) for aperiod <strong>of</strong> one year and as per terms and conditions <strong>of</strong> Sale Offer_____ _______dated_______/TenderNo._____________ dtd_____________for supply <strong>of</strong> the material ( under general conditions <strong>of</strong> supply andother conditions and alterations mutually agreed upon and said forthwith referred in your letter <strong>of</strong> acceptanceor sale <strong>of</strong>fer No.___________dt_________ (hereinafter referred to as the ‘said <strong>of</strong>fer’) which expressionsshall in case on execution <strong>of</strong> any formal agreement between you and the purchaser shall include the said <strong>of</strong>fer,in the form <strong>of</strong> Guarantee from us in the manner herein after contained we_______________________(name<strong>of</strong> bank) do hereby expressly irrevocably and unreservedly covenant and undertake to pay to you on yourwritten demand and without demur an amount not exceeding Rupees _______________(currency andamount) and agree with as per following:1. We _________________(name <strong>of</strong> Bank) undertake to indemnify you and keep you indemnified from timeto time to the extent <strong>of</strong> Rs. ___________ (Rupees ___________________________) against any loss ordamage caused to or suffered by or that may be caused to or suffered by you by any reasons <strong>of</strong>breach/breaches on the part <strong>of</strong> the purchaser any <strong>of</strong> the terms and conditions contained in the and/or in thesaid agreement/sale <strong>of</strong>fer and in the event <strong>of</strong> purchaser making any default/defaults in purchasing theagreed quantity <strong>of</strong> material under the said contract /Tender agreement/sale <strong>of</strong>fer or otherwise in theperformance <strong>of</strong> any other terms & conditions relating thereto in accordance with the true intent andmeaning there<strong>of</strong>, we __________ (Name <strong>of</strong> Bank shall forthwith on written demand pay to you such sumor sums not exceeding the sum <strong>of</strong> Rs…………… (Rupees _____________) as may be claimed by you asloss and damages by reasons <strong>of</strong> such default/defaults on the part <strong>of</strong> the purchaser without demur or protest.2. Notwithstanding anything to the contrary we agree that your decision as to whether the purchaser has madeany such default or defaults and the amount or amounts to which you are entitled by reason there<strong>of</strong> will bebinding on us and we shall not be entitled to ask you to establish your claim or claims under this guaranteebut will pay the same forthwith without any objection.17


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 101500483. We undertake to pay to you any money, subject to the limit <strong>of</strong> value under this guarantee, so demandednotwithstanding any dispute or disputes raised by the purchaser in any suit or proceeding pending beforeany Court or Tribunal or arbitration relating thereto, our liability under these presents being absolute andunequivocal. The payment so made by us under this guarantee shall be valid discharge <strong>of</strong> our liability forpayment there under.4. We undertake that on lodging claim for encashment the Bank Gauarantee shall be encashed immediatelyby us without stipulating a minimum period. This guarantee shall come into force with effect from its date<strong>of</strong> issue.5. This guarantee shall continue and hold good until it is released by you on the application by the purchaserafter expiry <strong>of</strong> the relevant guarantee period as per the MoU and/or agreement/sale <strong>of</strong>fer and after thepurchaser has discharged all his obligation under the said MoU and/or agreement/sale <strong>of</strong>fer and submitteda ‘No Objection Certificate’ to be issued by you, provided always that unless extended this guarantee shallin no event remain in force after the date <strong>of</strong> expiry……….(date) without prejudice <strong>of</strong> your claim or claimsarisen and demanded from or otherwise notified to us in writing on or before the said date which will beenforceable against us notwithstanding that the same is or are enforced beyond the day on account <strong>of</strong> anyextension <strong>of</strong> time being granted by you to the buyer in respect <strong>of</strong> purchase by the said buyer or otherwisewe undertake to extend the guarantee forthwith on your request till such time as may be mutually agreed byyou and the purchaser.6. You will have the fullest liberty without our consent and without affecting the guarantee from time to timeto change any <strong>of</strong> the terms and conditions <strong>of</strong> the said MoU/Agreement/Sale Offer or extend time <strong>of</strong> supplyto or lifting <strong>of</strong> the material by the purchaser to postpone for any time or from time to time any <strong>of</strong> yourrights/powers against the purchaser and either to enforce or forbear to enforce any <strong>of</strong> the terms andconditions <strong>of</strong> the said MoU/Agreement/Sale Offer and we shall not be released from our liability underthis guarantee by the exercise <strong>of</strong> your liberty for such variations with reference to matters aforesaid or bythe reason <strong>of</strong> any time extension being given to the purchaser or any other forbearance act or omission onyour part on any indulgence or any other act matter or thing whatsoever which under the law relating to thesureties would but for the provisions here<strong>of</strong> have the effect <strong>of</strong> releasing our liability hereunder providedalways nothing herein contained will enlarge our liability hereunder beyond the limit <strong>of</strong>Rs.__________(Rupees______________________) as aforesaid or extend the period <strong>of</strong> the guaranteebeyond the said expiry day.7. This guarantee shall not in any way be affected by your linking or varying or giving up any securities fromthe purchase or any other person, firm or company on its behalf or by the winding up, dissolution,insolvency or death as the case may be <strong>of</strong> the purchaser.8. In order to give full effect to the guarantee herein you shall be entitled to act as if we were your principaldebtors in respect <strong>of</strong> your claims against the Purchaser hereby guaranteed by us as aforesaid and wehereby expressly waive all our rights <strong>of</strong> surety-ship and other rights if any which are in any wayinconsistent with the above or any other provision <strong>of</strong> this guarantee.9. Subject to the maximum limit <strong>of</strong> our liability as aforesaid the guarantee will cover all your claim or claimsagainst the purchaser from time to time arising out <strong>of</strong> or in relation to the said MoU/Agreement/Sale Offerand in respect <strong>of</strong> which your demand or notice in writing if received by us before the date <strong>of</strong> expiry <strong>of</strong> thisguarantee mentioned above.10. This guarantee and the powers and provisions hereby contained are in addition to and not by way <strong>of</strong>limitation or substitution or any other guarantee or guarantees given to you by us (whether jointly witheither or alone ) and now existing unconcealed and that this guarantee is not intended to and shall notrevoke or limit such guarantee or guarantees.11. This guarantee shall not be discharged by any change in the constitution <strong>of</strong> the purchaser or us nor shall itbe affected by any change in your constitution or by any amalgamation or absorption there<strong>of</strong> or therewithbut will ensure for and be available to and enforceable by the absorbing or amalgamated company orconcern.18


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 1015004812. We, _________(name <strong>of</strong> bank), guarantee during its currency shall not be revocable by us except withyour previous consent in writing.13. We have full powers to issue this guarantee and the undersigned has full powers to execute and sign thisguarantee on behalf <strong>of</strong> this Bank under the General Regulation <strong>of</strong> the bank………………………………………….14. We hereby certify, after due verifications, that this bank guarantee has been executed on the non-judicialstamp paper <strong>of</strong> the value prescribed under the relevant law.15. ‘NOTWITHSTANDING’ anything contained herein above –a. Our liability under this Bank Guarantee is restricted up to a sum <strong>of</strong>Rs.………………………………….b. This Bank Guarantee shall be valid up to………c. We are liable to pay the guaranteed amount or any part there<strong>of</strong> under this Bank Guarantee only if youserve upon us a written claim or demand on or before………Dated the …………..day <strong>of</strong> …………2011Yours faithfullyFor..........................................(Name <strong>of</strong> the <strong>of</strong>ficial and Issuing Bank)Authorised SignatoryOfficial Seal19


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Section 3ANNEXURE-IVGeneral Rules and Regulation governing conduct <strong>of</strong> On-line Forward Auction :1. Brief description <strong>of</strong> the tender processing for On-line Forward Auction is given below:a) Bidders should submit all the required documents as per the terms <strong>of</strong> tender, which areopened on the due date <strong>of</strong> opening.b) All the bidders whose <strong>of</strong>fers are found acceptable and qualify in the stipulated eligibilitycriteria become eligible for participating in online price bidding through On-line ForwardAuction over Internet M/s mjunction services limited (MJ)c) The Mjunction would intimate Date & Time for Start <strong>of</strong> Forward Auction to the bidders inadvance. Login ID & Password specific to each bidder is given and demonstration <strong>of</strong> bidding(On-line) process is given to enable each bidder fully understand the process <strong>of</strong> bidding Online.d) Thereafter, at scheduled time the screen for On-line bidding is launched wherein thecustomer/bidder would put in their best <strong>of</strong>fers through On-line bids by which the Start BidPrice can be increased by the bidders to secure orders for the purchase <strong>of</strong> items.e) All eligible bidders having password can view the bidding on the computer screen and alsoenter their prices any number <strong>of</strong> times during the duration <strong>of</strong> bidding.2. Service Provider and the Issuance <strong>of</strong> RFQa) <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong> has engaged the services <strong>of</strong> its Joint Venture Company M/smjunction services limited (MJ) for conducting the Forward Auctions. MJ is fully authorizedto give clarifications / coordinate with the customers on behalf <strong>of</strong> <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong><strong>Limited</strong> with respect to the conduct <strong>of</strong> Forward Auction for the items mentioned in thisTender.The contact details <strong>of</strong> the Mjunction( metaljunction) are as follows:Contact Detailsmjunction services limitedRoom No. 321, Ispat Bhavan<strong>Bhilai</strong> <strong>Steel</strong> Plant, Ispat Bhawan<strong>Bhilai</strong>, & Fax : 0788 -222-1071Mr. Prashant Jha(email : prashant.jha@mjunction.inPHONE NO -0788 285 3397 0788 -654-0003Mob: +07869917086b) Customers who are acceptable to <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong> and who accept all theTerms and Conditions shall be intimated by M/s mjunction services limited to participate inthe Forward Auction.c) The RFQ document shall be issued by SAIL (<strong>Bhilai</strong> <strong>Steel</strong> Plant) to the bidders interested inbuying the tender document. Simultaneously a copy <strong>of</strong> the same shall be given to mjunctionto contact the bidder(s). mjunction will explain the Forward Auction process to all theprospective bidders and clarify issues, if any. It will be the responsibility <strong>of</strong> the bidders to getthemselves acquainted to their satisfaction with the On-line bidding process by thoroughlyinteracting with the mjunction. Only SAIL, BHILAI will be empowered to approve anydeviations from the RFQ document asked for by the Customers.d) Customer Enablement - Mjunction shall have the responsibility <strong>of</strong> familiarizing the bidderswith the Forward Auction Process. (Including training to the Customers).20


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 101500483. Participation in On-line Forward Auction for price bidding:3.1 Bidders will be required to participate in On-line Forward Auction over Internet for pricebidding.3.2 The key features for participation in a Forward Auction are given below:a. The Forward Auction will be conducted on mjunction’s platform. mjunction shall intimateschedule <strong>of</strong> the Forward Auction to all the eligible bidders.b. There would be an auto extension <strong>of</strong> bid time in case bids are placed during last three minutes<strong>of</strong> the indicated bid closure time. The auto extension rule will extend the bid time by a period<strong>of</strong> three minutes till bids continue to get placed or the buyer decides to terminate the ForwardAuction.c. The “USER-ID” and “PASSWORD” will be given to authorized person only by mjunctionafter the tenderer have been successful in eligible criteria. The Mjunction will intimate asecure and confidential Login ID and Password specific to each bidder, for participating in theForward Auction.d. During the Forward Auction, bidders have to quote for items as opted for as per Annexure-II.e. During the Forward Auction, customers shall be allowed to increase their price. Bidders arenot allowed to quote below the Start Bid Price.3.3 All Bidders are advised to quote from a reliable Internet facility, as neither SAIL nor MJ wouldbe responsible for any failure in the Internet connectivity during the bidding.3.4 It is to categorically state on behalf <strong>of</strong> M/s SAIL, and M/s mjunction that the Bidders need notpay any fee towards training for actual bidding or any other service with regard to this tenderetc., in the Forward Auction and the Bidders need not subscribe to any <strong>of</strong> the services in lieu<strong>of</strong> participation in the Forward Auction.3.5 Written Acceptance in-toto to all the Terms & Conditions mentioned in this tender documentis a pre-requisite for securing participation in the On-line Forward Auction conducted bymjunction on behalf <strong>of</strong> <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong> for the products required as per thisRFQ.3.6 Customers quoting to purchase any <strong>of</strong> the lot/ items shall have to submit all the Annexures areto be duly signed and stamped on each page as a token <strong>of</strong> acceptance <strong>of</strong> the same.All the Annexures including this notice can be downloaded from the mjunction website[http://auction.metaljunction.com ]4. Bidders shall bid Unit Rate (Rs. Per Tonne) exclusive <strong>of</strong> taxes, duties and levies against each lot/item. AllDuties, Taxes and Levies as applicable at the time delivery shall be paid by the Purchaser along with cost<strong>of</strong> material in advance before issue <strong>of</strong> Delivery Order (DO) by the Marketing & Business PlanningDepartment BSP, BHILAI.5. Final Bids given by the successful bidders in the Online Auction process shall be kept valid for 60 Daysfrom the date <strong>of</strong> auction for acceptance by the SAIL/BSP management.6. Management reserves the right to accept or reject any or all the bids or to apportion the materials in anymanner deemed fit and this decision <strong>of</strong> the company shall be final & binding without assigning any reasonwhatsoever.7. Sale Offer (S.O.) will be issued to the successful bidders whose bids are acceptable to the SAIL/BSPmanagement.21


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 101500488. If for any reasons beyond the control <strong>of</strong> the company all the materials <strong>of</strong>fered through the online Auctionprocess or part there<strong>of</strong> cannot be delivered, the liability <strong>of</strong> the company will be limited only to the extent<strong>of</strong> refund <strong>of</strong> the Security Deposit and proportionate amount paid by the customer as applicablewithout interest for the quantity not delivered subject to fulfilling formalities regarding refund claims.9. Potential Bidders shall be allowed to inspect material available at site during working hours from 9.30AMto 4.30 PM excluding the Holidays with prior appointment. Bids shall be deemed to have been made onclear understanding that intending Bidders have satisfied themselves fully in regard to the nature,conditions, quality and quantity <strong>of</strong> material or otherwise.” No claim” on such account shall be entertainedby the <strong>plant</strong>s once the bid is placed.10. In respect <strong>of</strong> sale through online auction process, all sales through auction process isconsidered as a Local Sale. Therefore VAT at the applicable rates will apply.11. The sale <strong>of</strong> materials shall be governed by the terms and details mentioned in ANNEXURE- I, II, III, IV,A, B, C, D. E. F.22


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048SlNo.AUCTION CATALOGUEVirtualLotNumber Qnty. Unit Location Description Loading EMDAnnexure ALifting period fromissue <strong>of</strong> sale <strong>of</strong>fer1 1 2,000 Tonne Boria-7 (MRD2)Iron Scrap <strong>of</strong> size +10mm to +80 mmLoading by CustomerRs. 1 Lakh1 Calendar Yearfrom the date <strong>of</strong>issue <strong>of</strong> Sale Offer2 2 2,000 Tonne Boria-7 (MRD2)Iron Scrap <strong>of</strong> size+80mm to 600mm x600mm x 600mmLoading by CustomerRs. 1 Lakh1 Calendar Yearfrom the date <strong>of</strong>issue <strong>of</strong> Sale Offer3 3 1,350 Tonne Boria-7 (MRD2)Iron Skull pieces <strong>of</strong>bigger sizes maximumupto 25 Tonnes asand when generatedLoading by Customer Rs. 1 Lakh 1 Calendar Yearfrom the date <strong>of</strong>issue <strong>of</strong> Sale OfferNSBY(MRD3) = 2000(Loading by Customer)4 4 8,000 Tonne5 5 16,000 TonneNSBY(MRD3) = 2000SPS(MRD4) = 5930Boria7(MRD2) = 70STRL8= 4000Boria7(MRD2)=12000Cast iron skull scrapIron Scrap(Mixer,SPS,PCM,FDY)SPS(MRD4) = 5930(BSP Loading )Boria7(MRD2) = 70(Loading by Customer)STRL8= 4000 (Loadingby Customer)Boria7(MRD2)=12000(Loading by Customer)Rs. 10 LakhRs. 20 Lakh1 Calendar Yearfrom the date <strong>of</strong>issue <strong>of</strong> Sale Offer1 Calendar Yearfrom the date <strong>of</strong>issue <strong>of</strong> Sale OfferNote:1) !" # !$23


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048LETTER OF INTERESTANNEXURE - BTOHOD (MARKETING)SAIL, BHILAI STEELPLANTIspat Bhavan,<strong>Bhilai</strong> .Date <strong>of</strong> Auction: ___________________________________Auction Reference No.:M&BP/SEC/2011-12/ _____________________________Dear Sir,(1) We are interested in participating in the Online Forward Auction notified vide your noticeno……………………….…..dated……………….. for above mentioned Online forward Auction Notice. Wealso agree to abide by all the instructions contained in the above indicated Online Forward Auction notice,General Rules and Regulations governed by SAIL- FA-1/S-1 in Conduct <strong>of</strong> Online Auction and your Termsand Conditions for Sale <strong>of</strong> Material by Auction, to the extent not modified in this online Forward AuctionNotice.(2) We agree to <strong>of</strong>fer our best bid in the Auction process and hold the same valid for 60 days from the date <strong>of</strong>Auction.(3) We are providing the following details <strong>of</strong> ourselves in connection with the above Online Forward Auction.Name <strong>of</strong> the Company: __________________________________________________Company Address:___________________________________________________Consignee/Shipping Address : __________________________________________________________________________________________Name <strong>of</strong> the Contact Person: _____________________________________________Contact Telephone Nos: _________________________________Mobile No.: _________________________________FAX No.: _________________________________PAN No.__________________________________ECC No. <strong>of</strong> Company and Consignee: ___________________________________TIN No.___________________________________Bank Name Branch Address: _________________________________Bank A/C No and Type: _________________________________E-mail ID: _________________________________Enclosure : 1)ANNEXURE- I, II, III, IV, A, B, C, D, E, FPlace________Date_________Yours Faithfully,Signature <strong>of</strong> authorized Person(With Company’s Seal)24


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048ANNEXURE- CGENERAL RULES AND REGULATION GOVERNING CONDUCT OF ONLINE AUCTIONS ONTHE “SERVICE PROVIDER” PLATFORMINTRODUCTION:This Online Forward Auction is being conducted for <strong>Bhilai</strong> <strong>Steel</strong> <strong>plant</strong>, <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> Ltd(hereinafter referred as the “Client’’) on the Auction Platform <strong>of</strong> mjunction services limited, (hereinafterreferred as “Service Provider”).The General Rules and Regulations provided herein govern the conduct <strong>of</strong> on line Forward Auctions arrangedby “Service provider” on its Auction Platform. These rules cover the roles and responsibilities <strong>of</strong> theparties in the online Forward Auctions on the Auction Platform. Acceptance in-Toto to these General Rulesand Regulations governing conduct <strong>of</strong> online auctions, and Terms and Conditions for Sale <strong>of</strong> Materialsby tender or online auction, <strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> Plant is a pre – requisite for securing participation in theonline auctions.The key terms pertaining to the online Forward Auctions are provided in the “Annexure-D”. Prospectivebidders are advised to read through the same.ROLE OF “SERVICE PROVIDER”1. “Service Provider’ is the agency (operator) primarily providing the service <strong>of</strong> the Forward auction to the“client”.2. Finalisation <strong>of</strong> the auction items in consultation with the client.3. Defining <strong>of</strong> bidding rules for each auction in consultation with the client.4. Enhancing bidder awareness <strong>of</strong> and comfort with the auction mechanism and bidding rules5. Enlarging the customer base by introducing new bidders.6. Input <strong>of</strong> the Auction items and defining the bidding rule in the auction engine.7. Providing access to the approved bidders to participate in the Auction.8. Summarising the Auction proceedings and communicate the outcome to the Client.The responsibility <strong>of</strong> fulfilment <strong>of</strong> the sale <strong>of</strong>fer rests between the bidders and the client and theresponsibility <strong>of</strong> the “Service Provider” shall be restricted to the extent <strong>of</strong> the services provided by them.ROLE OF BIDDERThe role <strong>of</strong> the bidder is outlined below:1. The bidder would participate in the auction with the aim <strong>of</strong> bidding to secure the auctioned item in theauction2. The bidder would be provided access to the Auction through a “User ID” protected by a “Password”. Thebidder needs to ensure that the “User ID” and “Password” is not revealed to unauthorized persons. Biddersare also requested to change the password allocated to them by the “Service Provider” to keep theirconfidentiality. However it would be bidder’s sole responsibility to ensure the security and privacy <strong>of</strong> thesame and he/they would not hold the “Client” / “Service Provider” responsible in any manner whatsoeverfor any misuse <strong>of</strong> these user IDs and/or Password. Access to the auction mechanism shall be provided to allthe approved bidders subsequent to obtaining their written consent to the General Rules & Regulations andthe Letter <strong>of</strong> Interest. Payment <strong>of</strong> Earnest Money Deposit (EMD) & other documents as stated above willbe necessary before participating in the Forward auction.3. Bidders hereby confirm that they shall commit to lift the items (being bid for) at the price entered by themin the auction engine AND at the terms and conditions specified herein by the Client. All Prices enteredshall be legally binding on the bidders. Bidders are strongly advised to exercise due diligence while placingbids. Failure to honor the bids placed during online bidding shall render the bidders liable for penal action.4. In the event <strong>of</strong> winning an allotment in the auction mechanism, the bidder shall commit to fulfill outlinedobligations under the sale <strong>of</strong>fer.5. The bidders shall bid on the terms specified by the client & place their bid in the auction engine in themanner specified by “Service Provider”. The bidders shall not stipulate any conditions on their own unless25


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048the terms <strong>of</strong> the client (the client’s terms & conditions) expressly permit such conditions being stipulated bythe bidder. Bids entered with conditions attached shall be considered Conditional bids & “service provider”retains the right <strong>of</strong> rejecting these bids even without intimating the client.BIDDING RULESThe Bidding Rules refer to the information and terms defined specifically for a particular auction. The purpose<strong>of</strong> the Bidding rules is to provide approved bidders with the information and terms specific to the auction inwhich they are bidding. This would include:• Definition <strong>of</strong> the unit bidding• Start Time and duration <strong>of</strong> the auction.• Any extension <strong>of</strong> the duration <strong>of</strong> the auction in the event <strong>of</strong> bids being received towards the end <strong>of</strong> the prespecifiedduration• Start Bid Price• Specified Unit for Bidding• Price Increments• Other attributes (informational/non-negotiable in nature)While it shall be the endeavor <strong>of</strong> “Service Provider” to specify these rules at the earliest for each onlineauction, the “ Service Provider” shall retain the right to delay the announcement <strong>of</strong> these biddings rules ormodify rules specified earlier at the time <strong>of</strong> the online bid. These details would be available to the bidderson the Auction Engine at the time <strong>of</strong> bidding.Participation in the auction process presumes complete awareness and understanding <strong>of</strong> the bidding rules.“DO REMEMBER THAT TILL A HAMMER APPEARS ON YOUR SCREEN YOU ARE NOTA LEADING BIDDER.”CONDUCT OF THE AUCTION:Only those bidders who have been approved by the “Client” and handed over stamped and manually signed“General Rules and Regulations governing conduct <strong>of</strong> online auction along with Letter <strong>of</strong> Interest, requiredEMD amount and other necessary documents to the “Service Provider” at least 3 days prior to the start <strong>of</strong>online auction will be given “Login ID” and “PASSWORD” to enable them view and participate in onlineauction. However a time <strong>of</strong> 10 working days shall be provided for in-between the date <strong>of</strong> the On line AuctionNotice and the date <strong>of</strong> On line Forward auction so as to give sufficient time to the eligible bidders to be readyin all respect for taking part in the Online Forward auction.The Auction shall be conducted on pre-specified date. The Key Terms pertaining to the conduct <strong>of</strong> Auctionsuch as “ START TIME”, “DURATION”, “END TIME” AND “AUTO EXTENSION FACILITY” Shall bespecified separately for each Auction.“Service provider” retains the right to cancel or reschedule the auction, with the approval <strong>of</strong> the Competent<strong>Authority</strong> <strong>of</strong> the Client, on any <strong>of</strong> the following reasons:• The number <strong>of</strong> confirmed bidders is deemed insufficient to conduct the auction• Some <strong>of</strong> the confirmed bidders are unable to access the module due to infrastructure problems such assustained power failure or telecommunication breakdown.• There are no bids, which are equal to or below Start Bid Price.• Any other reason which in the opinion <strong>of</strong> “Service Provider” / “Client” requires such action to be initiated.The duration <strong>of</strong> auction may also vary from the pre-specified period <strong>of</strong> time either on account <strong>of</strong> termination<strong>of</strong> the auction by “Service Provider” on the advice <strong>of</strong> the ClientOrIn case <strong>of</strong> situations where it is felt that continuance <strong>of</strong> the auction proceedings is prejudicial to the smoothconduct and / or the integrity <strong>of</strong> the auction process.OrDue to Auto Extension during the Auction, duration may increase from specified period.In the event <strong>of</strong> any problems being faced in the smooth conduct <strong>of</strong> the auction, “Service Provider” with theapproval <strong>of</strong> the Competent <strong>Authority</strong> <strong>of</strong> the Client, shall have the right to undertake one or more <strong>of</strong> thefollowing steps:• Cancellation/ premature termination <strong>of</strong> the auction with/ without a subsequent rerun <strong>of</strong> the auction on amutually decided date• Cancellation <strong>of</strong> a bid• Locking / deactivate a bidder’s account (suspension <strong>of</strong> operations in the account), etc.26


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048In case <strong>of</strong> failure <strong>of</strong> net connection, bidder will give his best price to the “Service Provider”. “ServiceProvider” will bid on behalf <strong>of</strong> the bidder with the minimum increment until the bid price reaches the bestprice <strong>of</strong>fered by the bidder, by proxy bidding mechanism.The best price communicated by the bidder will have to be authenticated by written confirmation or fax to the“Service Provider” and will be kept confidential between the “Service Provider” and the bidder. Bidder willbe bound by the price <strong>of</strong>fered.LIABILITY OF “SERVICE PROVIDER”“Service Provider” shall not be liable to the client/ bidders participating in the auction or any other person(s)for:• Any breach <strong>of</strong> sale <strong>of</strong>fer by any <strong>of</strong> the parties in the fulfilment <strong>of</strong> the underlying sale <strong>of</strong>fer.• Any delays in initiating the online auction or postponement / cancellation <strong>of</strong> the online auction proceedingsdue to any problem with the hardware / s<strong>of</strong>tware / infrastructure facilities or any other shortcomings.While, reasonable care and diligence will be taken by “Service Provider” in discharge <strong>of</strong> its responsibilitiessuch as design <strong>of</strong> the online bid, communication <strong>of</strong> bid details and rules, guidance to client/ bidders inaccessing the AuctionEngine and placing bids, etc. the bidders shall specifically indemnify “Service Provider” from all liabilities forany shortcomings on these aspects. It is clearly understood that these activities are undertaken by “ServiceProvider” to assist the bidders in participation but the ultimate responsibility on all these counts lies totallywith the bidders.RIGHT OF THE CLIENT:The Client reserves the right to partially or totally accept or reject any / all bids placed in the Online Auctionwithout assigning any reason whatsoever. The decision <strong>of</strong> the client would be final and binding on the bidderin any such case.CONFIDENTIALITY CLAUSE:“Service Provider” undertakes to handle any sensitive information provided by the client or confirmed biddersfor the auctions conducted with utmost trust and confidentiality.JURISDICTIONAny disputes relating to the online auction module shall be subject to the sole jurisdiction <strong>of</strong> Court <strong>of</strong> Lawhaving jurisdictions over the Plant from where the materials are being sold. On line Auction conducted at<strong>Bhilai</strong> <strong>Steel</strong> Plant shall exclusive jurisdiction <strong>of</strong> Civil Court <strong>of</strong> Durg.27


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048ANNEXURE-DAuction.DEFINITION OF KEY TERMSAuction refers to a forum where the requirement for one/more lots <strong>of</strong> an item is stated and the participants(bidders) are required to bid down the price to be selected to supply the requirement.Online Auctions.Online auctions refer to those auctions conducted through the Internet with the bidders (from one or morelocations) simultaneously bidding to be selected for supplying the item/s on auction. In other words, the venuefor the auction is on an Internet website/ platform. The "Service Provider's" website assigned by "ServiceProvider" would constitute venue for the purpose <strong>of</strong> the online auction.Award at the Auction.In a single winner format, only one bidder (normally the bidder who quotes the highest price) is awarded allthe units <strong>of</strong> the item being auctioned. The bidder quoting the highest price is normally allotted the item.Client.Client is the individual/business entity who has sale <strong>of</strong>fered "Service Provider" to conduct such auction. Incase <strong>of</strong> auction, the purpose would be the genuine intent to sell the selected item/s to the bidders desiring tobuy these items from the Client.Bidder.Bidder is the individual/business entity participating in the auction, intending to buy the item(s) from theClient. To be become a Bidder in the auction, a business entity has to secure client approval for participationand also provide written assent to the General Rules and RegulationsAuction Engine.Auction Engine refers to the s<strong>of</strong>tware that encapsulates the entire auction environment, processing logic andinformation flows. "Service Provider" is the sole owner <strong>of</strong> the auction engine and retains exclusive right overthe utilisation <strong>of</strong> the same.Timings <strong>of</strong> the Online Bid.All the timings <strong>of</strong> the Online Bid shall be based on the time indicated by the Server hosting the AuctionEngine. It shall be the endeavor <strong>of</strong> "Service Provider" to ensure that the Server Time reflects as closely aspossible the <strong>India</strong>n Standard Time (IST) i.e. GMT + 0530 hrs. However, in the event <strong>of</strong> any deviationsbetween the Server Time and the <strong>India</strong>n Standard Time, the functioning <strong>of</strong> the Auction Engine (Launch,operation, and closure) would be guided by the Server Time. Bidders are advised to refresh both the windows<strong>of</strong> the Auction Module check the exact Server Time (displayed in both the windows).Preview Time.Preview Time refers to the period <strong>of</strong> time that is provided prior to the commencement <strong>of</strong> bidding. This is t<strong>of</strong>acilitate approved participants to view the auction details such as item specifications, bidding details andbidding rules. The purpose is also to familiarize participants with the functionality and screens <strong>of</strong> the auctionmechanism. It is not mandatory for "Service Provider" to provide Preview Time.28


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Start Time.Start time refers to the time <strong>of</strong> commencement <strong>of</strong> the conduct <strong>of</strong> the online auction. It signals thecommencement <strong>of</strong> the Price Discovery process through competitive bidding.Duration <strong>of</strong> the Auction.It refers to the length <strong>of</strong> time the price discovery process is allowed to continue by accepting bids fromcompeting bidders. The duration <strong>of</strong> the auction would normally be for a pre-specified period <strong>of</strong> time.However, the bidding rules may state the conditions when the pre-specified duration may becurtailed/extended. The conditions include:• Curtailment <strong>of</strong> auction duration in the event <strong>of</strong> no bids for a specified period <strong>of</strong> time (Inactivity Time)• Automatic extension in the event <strong>of</strong> bids being entered towards the end <strong>of</strong> the scheduled duration t<strong>of</strong>acilitate the other bidders to view and react to the bid.Auto Extension <strong>of</strong> the Auction Timings.In the event <strong>of</strong> bids in the last few minutes <strong>of</strong> the scheduled bid time, the Bid Timings are automaticallyextended for a specified period from each such bid. Such Auto Extension shall continue until no bids areplaced for the specified period (Engine remains inactive for the specified period). The Inactivity Time forAuto Extension purpose is normally 3 minutes. "Service Provider" however retains the right to change thesame. The Inactivity Time applicable for the particular Online Bid shall be visible to the bidders under theBidding Rules module on the engine.End <strong>of</strong> the Auction.End <strong>of</strong> the Auction refers to the termination <strong>of</strong> the auction proceedings signaling an end to the price discoveryprocess.Auction Report."Service Provider" would provide an Auction Report to the Client containing a summary <strong>of</strong> the auctionproceedings and outcome. The Auction Report would constitute the <strong>of</strong>ficial communication from "ServiceProvider" to the client about the outcome <strong>of</strong> the Auction.29


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048ANNEXURE – ETERMS & CONDITIONS FOR SALE OF MATERIALS BY ONLINE FORWARD AUCTION1) Management: The Management will mean the CEO, SAIL, <strong>Bhilai</strong> <strong>Steel</strong> Plant or any <strong>of</strong>ficer authorised byhim to act on his behalf.2) Purchaser : The purchaser will mean the successful bidder whose bid has been accepted under the terms <strong>of</strong>the tender.3) Terms & Conditions:a) Bids are accepted on the assumption that the bidders have inspected the materials and have known that theyare bidding for whether they have first inspected the material or not and that the principle <strong>of</strong> "CaveatEmptor" shall apply. The quality <strong>of</strong> the material will be "AS IS WHERE IS & NO COMPLAINT BASIS".The materials will be lifted from the site <strong>of</strong> storage. Quantities in the Forward Auction documents areapproximate and no warranty or guarantee shall be implied. The bidders are advised to inspect thematerials before <strong>of</strong>fering their prices.b) Inspection <strong>of</strong> material: Interested parties will be permitted to see the materials from 9.30AM to 4.30 PM.Necessary entry passes may be obtained from the CISF.4) Forward Auction Forms:Forward Auction document will be submitted in the prescribed forms,(Annexure- I,II,III,IVA,B,C,D,E,F). The bidders will sign on each page <strong>of</strong> the Annexures & notice terms <strong>of</strong> sales in token <strong>of</strong>acceptance there<strong>of</strong>. However, the signature on the tender Notice, catalogue (Annexure-A) along withLetter <strong>of</strong> Interest (Annexure-B) and Annexure ( I,II,III,IV,C,D,E,F) shall be deemed to be acceptance <strong>of</strong> allterms and conditions <strong>of</strong> sale & schedule and other documents forming parts <strong>of</strong> the Forward Auction.5) The Management reserves the right to accept or reject any or all the bids without assigning any reasonsthere<strong>of</strong> at any stage. The Management reserves the right to withdraw, at any stage from the sale afteradvertising or after issue <strong>of</strong> Sale Offer/release order any items or any quantity <strong>of</strong> the materials bynumber or weight without assigning any reasons there<strong>of</strong> to the purchaser. Sale value for the materialsso withdrawn, if any paid by the buyer, will be refunded. The Management will not be responsible for anydamages/loss what-so-ever to the purchaser on account <strong>of</strong> such withdrawal.6) a) Conditional Tenders: Conditional bids will not be considered.b) Late submission <strong>of</strong> Documents as given at in the tender notice for online forward auction, will not beaccepted after the time specified.7) Loading <strong>of</strong> the Lots will be done under the supervision <strong>of</strong> representative <strong>of</strong> MRD i.e the operatingauthority <strong>of</strong> respective Sale Offers. Terms and conditions <strong>of</strong> lifting by road and safety stipulations in forceshall be applicable (annexure –F)8) LOADING CHARGES/Processing /cutting charges.:Loading will be done as mentioned in the auction catalogue. In case <strong>of</strong> loading by customer, loadingcharges so incurred for lifting <strong>of</strong> material will be added to the assessable value for the purpose <strong>of</strong> taxes &duties. In case <strong>of</strong> loading (chargeable) by BSP, loading charges shall be charged from the customer andwill also be added to the assessable value for the purpose <strong>of</strong> taxes & duties and shall be borne by thebidder. However in case <strong>of</strong> loading expenses (non chargeable) by BSP is inbuilt in base price <strong>of</strong> materialthe same shall not be considered for the purpose <strong>of</strong> calculation <strong>of</strong> taxes and duties.Out <strong>of</strong> 8000 T <strong>of</strong> CI Skull Scrap, some <strong>of</strong> the CI Skull Scrap are not in loadable size. These CI SkullScrap will have to be processed/cut by the purchaser before loading. The bidder/purchaser have toindicate the expenses for processing/cutting for charging taxes duties and levies9) Evaluation criteria for deciding the H-1 bidder will be the highest price for the auctioned quantity <strong>of</strong>respective lots/item, subject to the price being acceptable to the Management <strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> Plant.30


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 1015004810) Delivery time for removal <strong>of</strong> goods: The delivery <strong>of</strong> the materials will be effected 'In situ'by theManagement. Time is the essence <strong>of</strong> the sale <strong>of</strong>fer. The goods sold will be removed by the buyerfrom the site within the date specified in the delivery order.11) Delivery <strong>of</strong> the materials will be made during working hours on all working days on presentation<strong>of</strong> the delivery order by the purchaser to the operating authority. However operating authority maysuspend the delivery for a particular period <strong>of</strong> time for want <strong>of</strong> any clarification or othertechnical/operational reasons.12) The removal <strong>of</strong> the materials within the stipulated period is not subject to the availability or otherwise<strong>of</strong> labor and such other factors as climatic conditions and transport etc which is theresponsibility <strong>of</strong> the purchaser.13) No picking, sorting, cutting, cleaning or breaking up <strong>of</strong> goods <strong>of</strong> materials sold will be permitted,14) Re-Sale: Sale Offers and delivery orders will be made out in the name <strong>of</strong> actual purchaser. However,change <strong>of</strong> consignee may be considered, on receipt <strong>of</strong> letter <strong>of</strong> authority from bidder subject toacceptance <strong>of</strong> the same by BSP, management.i.Custody and preservation <strong>of</strong> goods after sale shall be the sole responsibility <strong>of</strong> the buyer. BSPmanagement shall not be responsible for any loss / damage to the material, whatsoever, in transit.ii.The materials shall remain in every respect, at the risk <strong>of</strong> the purchaser from the date <strong>of</strong> Sale Offer isissued to the purchaser. The Management shall not be under any liability for the safe custody orpreservation there<strong>of</strong> from that date.iii.Withdrawal <strong>of</strong> goods from sale : The Management reserves the right to withdraw, at any stage from thesale after advertising or after issue <strong>of</strong> Sale Offer/Delivery order any items or any quantity <strong>of</strong> thematerials by number or weight without assigning any reasons there<strong>of</strong> to the purchaser. Sale value forthe materials so withdrawn, if any paid by the buyer, will be refunded. The Management will not beresponsible for any damages/loss what-so-ever to the purchaser on account <strong>of</strong> such withdrawal.15) The Management reserves the right to dispose <strong>of</strong>f any item by other means even after inviting OnlineForward Auctions for sale <strong>of</strong> such materials by Online Forward Auction.16) Abandoned goods: The purchaser must effect complete removal <strong>of</strong> the materials from the site within thedate specified in the delivery order issued by the Management. In case the material is not removedin full within the specified date, delivery order for the left over quantity will be treated as cancelled.The materials so left over will be treated as "Abandoned goods". The Management will have fullright on such 'Abandoned goods'and will be entitled to resell or dispose <strong>of</strong>f the same in any manner itdeems fit, without any reference to the purchaser. The buyer will have no claim on materials declaredas the 'Abandoned goods;. In addition to forfeiting such 'Abandoned goods', the initial depositincluding security deposit and balance amount , if any, paid by the purchaser shall also be forfeited. Thepurchaser shall further be held liable for all commission and other charges and losses suffered by theManagement which may be sued for & recovered in Court <strong>of</strong> Law.17) Damage to Plant properties: The purchaser shall be fully responsible for any loss/damages that may bedone to the premises, equipments, Machineries, and other installations <strong>of</strong> the <strong>plant</strong> in the course <strong>of</strong>removing the Materials bought by him, and the purchaser is fully liable to reimburse to theManagement the cost <strong>of</strong> the such damages. The Management fully reserves the right to recover the cost<strong>of</strong> such damages from any sum due to the purchaser.18) Entry passes to Plant: Admit/Area/Gate passes are issued to the representative <strong>of</strong> the purchaser bythe DIG/CISF, <strong>Bhilai</strong> <strong>Steel</strong> Plant, on the recommendation <strong>of</strong> authorized <strong>of</strong>ficials <strong>of</strong> Operating<strong>Authority</strong>. The purchaser and their workers should not move about freely in the Plant or other thanthe location/area they are authorised to visit. Free movement <strong>of</strong> purchaser and their workers on thestrength <strong>of</strong> the admit passes issued for particulars area/place is against Security Act. Purchaser areadvised to enforce this requirement strictly and restrict their movement in the place/area specifiedin the admit passes. Non-observance <strong>of</strong> precautions under the Public Security Act, will entailaction which may please be noted and also notified to the staff <strong>of</strong> the purchaser and workers. In case<strong>of</strong> necessity to proceed to an area, other than the one noted in the admit passes, it is invariablynecessary to get new area added in the admit passes by the <strong>of</strong>fice <strong>of</strong> the issue. Any breach in the31


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048enforcement <strong>of</strong> safe custody and improper use <strong>of</strong> the passes would entail termination <strong>of</strong> the sale at anystage at the risk and cost <strong>of</strong> the purchaser.19) Compliance <strong>of</strong> Labour Laws Safety Rules: During the period the purchaser’s workers are employedwithin the <strong>Bhilai</strong> <strong>Steel</strong> Plant, <strong>Bhilai</strong> premises, will be governed by the Labour Law and Rules, FactoryAct and Rules and <strong>Bhilai</strong> <strong>Steel</strong> Plant Security Rules & Safety Rules as applicable and it shall be theresponsibility <strong>of</strong> the purchaser to ensure that the statutory provisions are complied with fully.20) Recovery <strong>of</strong> Dues: : Any sum <strong>of</strong> money due and payable to the purchaser including security Deposit(returnable to him under this sale <strong>of</strong>fer) may be appropriated by the <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong>,<strong>Bhilai</strong> <strong>Steel</strong> Plant or Government or any other person or persons, including other <strong>Steel</strong> Plants underSAIL and adjusted against any claim <strong>of</strong> the <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong>, <strong>Bhilai</strong> <strong>Steel</strong> Plant, <strong>Bhilai</strong>or Government or such other person or persons including other steel <strong>plant</strong> under SAIL for the payment<strong>of</strong> the sum <strong>of</strong> money arising out <strong>of</strong> or under any other sale <strong>of</strong>fer / Online Forward Auction made by thepurchaser/Bidder with the <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong>, <strong>Bhilai</strong> <strong>Steel</strong> Plant or Government or suchother person or persons including other steel <strong>plant</strong>s under the <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong>.21) Payment <strong>of</strong> Interest: No interest will be paid on the amount paid by the purchaser and subsequentlyfound refundable.22) Illegal Gratifications: Any bribes, commission, gifts or advantage given, promised or <strong>of</strong>fered by or onbehalf <strong>of</strong> the Bidder or his partner, agent or servant <strong>of</strong> any one on their behalf to any <strong>of</strong>ficer, servantrepresentative or agent <strong>of</strong> the company or any <strong>of</strong>ficer, servant representative or agent <strong>of</strong> thecompany or any person on their behalf in relation to the obtaining or to the execution <strong>of</strong> this or anyother sale <strong>of</strong>fer with the company for showing or for bearing to show favour or dis-favour to any personin relation to this or any other sale <strong>of</strong>fer (s) aforesaid shall subject the cancellation <strong>of</strong> this sale <strong>of</strong>fer asaforesaid and also to payment <strong>of</strong> any loss or damage resulting from any such cancellation to the likeextent.23) ARBITRATION CLAUSEAll questions, claims disputes or differences <strong>of</strong> any kind whatsoever arising out <strong>of</strong> or in connectionwith or concerning this sale <strong>of</strong>fer, at any time, whether before or after the determination <strong>of</strong> this sale<strong>of</strong>fer, other than questions, claims, disputes or differences for the decision <strong>of</strong> which specificprovisions have been made in the foregoing clauses <strong>of</strong> these conditions (hereinafter referred to as"excepted matters" and decision on which excepted matters according to the said specificprovisions shall be final and binding on the parties to this sale <strong>of</strong>fer and shall not be re-opened orattempted to be reopened on the ground <strong>of</strong> any informality, omission, delay or error in the proceeding oron any other ground whatsoever) shall be referred by the parties hereto for the decision by a SoleArbitrator to be appointed as thereinafter mentioned. The notice regarding the invoking <strong>of</strong> thearbitration clause shall be served by the parties hereto by registered post at their address given inthe sale <strong>of</strong>fer.Matters in question, dispute, claim or difference other than the excepted matters in respect <strong>of</strong> this sale<strong>of</strong>fer to be submitted to arbitration as aforesaid shall be referred for decision to a Sole Arbitratorto be appointed by the CEO, <strong>Bhilai</strong> <strong>Steel</strong> Plant, <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong>.In case the designation <strong>of</strong> the CEO is changed or his <strong>of</strong>fice abolished, the <strong>of</strong>ficer who for the timebeing is entrusted with the functions <strong>of</strong> the CEO, <strong>Bhilai</strong> <strong>Steel</strong> Plant, <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong> <strong>Limited</strong>,by whatsoever designation such <strong>of</strong>ficer is called shall be the person designated to appoint the soleArbitrator. The Arbitrator so appointed shall adjudicate upon the disputes between the partieshereto.The Sole Arbitrator appointed as stated above, shall from the time <strong>of</strong> his appointment andthroughout the arbitral proceedings, without delay, disclose to the parties in writing any circumstanceslikely to give rise to justifiable doubts as to his independence or impartiality provided that the merefact that such Sole Arbitrator is an employee <strong>of</strong> the SAIL, <strong>Bhilai</strong> <strong>Steel</strong> Plant. Plant shall not beregarded as such circumstance. The Arbitrator shall decide the questions, claims, disputes or32


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048differences submitted to him by the parties in accordance with the substantive law for the time beingin force in <strong>India</strong>.The Arbitrator shall hear the cases independently and impartially and shall not represent the interest <strong>of</strong>any party. The venue <strong>of</strong> the Arbitration shall be in the designated <strong>of</strong>fice <strong>of</strong> <strong>Bhilai</strong> <strong>Steel</strong> Plant, DurgCG.The question <strong>of</strong> procedure for conduct <strong>of</strong> the arbitration proceedings shall be decided by theArbitrator in consultation with the parties before proceeding with the reference. The arbitrator mayhold preparatory meeting(s) for this purpose. In the preparatory meeting(s) aforesaid the arbitratorin consultation with the parties shall also determine the manner <strong>of</strong> taking evidence, the summoning <strong>of</strong>the expert evidence and all such matters for the expeditious disposal <strong>of</strong> the arbitrationproceedings. The arbitrator shall be entitled to actually incurred expenses only, in respect <strong>of</strong>preparatory meeting(s).The provisions <strong>of</strong> the Arbitration and Conciliation Act, 1996 and the rules framed there under, ifany, and all modifications/amendments thereto shall deem to apply and/or be incorporated inthis sale <strong>of</strong>fer as and when such modifications/amendments to the Act/rules are carried out.Purchase/Sale under the sale <strong>of</strong>fer shall be continued by purchaser/supplier, during the arbitrationproceedings and recourse to arbitration shall not be a bar to continuance for the purchase orsupply.24) Legal Jurisdiction: All kinds <strong>of</strong> Legal proceedings against the M/s. <strong>Steel</strong> <strong>Authority</strong> <strong>of</strong> <strong>India</strong><strong>Limited</strong>, <strong>Bhilai</strong> <strong>Steel</strong> Plant in any matter arising out <strong>of</strong> the sale shall be triable only by the appropriateCivil Court <strong>of</strong> Durg District.25) SAIL FA1 & S-1 (available on our website ‘www.sailtenders.co.in )will be applicable for all sale<strong>of</strong>fers awarded through On Line Forward Auction. The terms & condition <strong>of</strong> this tender shall overridethe similar terms & conditions <strong>of</strong> SAIL FA1 & S-1.33


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048The general terms and conditions <strong>of</strong> lifting by road and safety stipulations in force :ANNEXURE-F1. BSP reserves its rights to remove a company from list <strong>of</strong> approved customers or to ban business dealings, ifa company has been found to have committed misconduct as also to suspend business dealings pendinginvestigations.2. Speed limit <strong>of</strong> the trucks plying in the <strong>plant</strong> premises for lifting the material, should be restricted to 15 KMper hour. This limit will be strictly adhered to by your drivers who will also adhere to slow and safe drivinginside the Plant and Township Area.3. The weighment taken at the Road Weigh Bridge <strong>of</strong> BSP will be final and binding for all purposes.4. The date <strong>of</strong> delivery is the date <strong>of</strong> actual physical delivery.5. The price applicable will be the price prevailing at the time <strong>of</strong> delivery/despatch, irrespective <strong>of</strong> the pricequoted in the Sale Offer as per price variation clause stipulated in Tender document.6. The customer can send his representative with appropriate authority/identification letter and a copy <strong>of</strong> thisSale Offer for taking delivery.7. Loading <strong>of</strong> any material by the customer belonging to Company which is not sale <strong>of</strong>fered to be sold orloading <strong>of</strong> excess material, or any wrongful and /or un authorised removal <strong>of</strong> the company’s property or anyattempt to do so will amount to breach <strong>of</strong> sale <strong>of</strong>fer and company without any prejudice to remediesavailable in the Civil and/or Criminal Law for such act shall have the right to terminate the sale <strong>of</strong>fer and toimpose any penalty as deemed fit by Competent <strong>Authority</strong>.8. In the event <strong>of</strong> any suspicion about wrong material being carried away by a customer or his representative,they will be asked to unload the material for investigation and customer will not be entitled in such case toany compensation with regards to any hire charges <strong>of</strong> the truck or any other expenditure incurred by thecustomer during loading and reloading.9. The customer shall not make unauthorized use <strong>of</strong> company’s land for any purpose including dumping <strong>of</strong>any material purchased against this Sale Offer from company’s <strong>plant</strong> and/or other sources and in case <strong>of</strong> anyviolation <strong>of</strong> this terms/clause. Company shall reserve the right to suspend supplies against the Sale Offerand /or other Sale Offers and/or cancel the Sale Offers altogether.10. The customer shall ensure that proper discipline and decorum is maintained by the workmen/employeesemployed by or through him at works and in and around the <strong>plant</strong> site <strong>of</strong> the company.11. With regards to the work and labour directly or indirectly employed in the Works, the customer shallconfirm in all respects with the provisions <strong>of</strong> the statute, ordinance or laws and the rules, regulations or byelaws brought into force by the Central and State Governments or the Local <strong>Authority</strong> from time to time andshall keep the company indemnified against all penalties and liabilities <strong>of</strong> every kind for breach <strong>of</strong> anysuch statute ordinance, law, rules and regulations or bye laws.12. The Customer has to make adequate Safety arrangements for the employees/representatives and has toprovide adequate Safety appliances to his employees/representatives working at loading site/inside thePlant.13. The customer shall be fully responsible for the safety <strong>of</strong> his workmen and employees. The customer shallhowever follow all instructions and directions that the Safety Engineer <strong>of</strong> the company’s <strong>plant</strong> may issuefrom time to time with regards to safety measures and shall be responsible for all accidents however andwherever occurring in his work site are reported without delay to the Safety Engineer <strong>of</strong> company’s Plant.The customer shall also assist the said <strong>of</strong>ficer with regards to the enquiry and implementation <strong>of</strong> the safetymeasures. All employees/ representatives <strong>of</strong> the customer have to undergo a safety training by our Safety34


SAIL / <strong>Bhilai</strong> <strong>Steel</strong> Plant Fax : 0788-222-4164Marketing & Business Planning DepartmentAUCTION NUMBER : 10150048Engineering Department before issue <strong>of</strong> gate passes for entry into the <strong>plant</strong>. Suitable action will be takenfor violation <strong>of</strong> safety norms.14. The customer is also responsible for the misconduct committed by his employee/representative viz. theft,impersonation, pilferage, damage to the company’s property etc. and is liable for suitable penal action forthe same.15. Claims if any arising out <strong>of</strong> wrong invoicing (other than genuine arithmetical mistake) or <strong>of</strong> supply <strong>of</strong>wrong material or <strong>of</strong> any other reason should be submitted within 7 days <strong>of</strong> receipt <strong>of</strong> invoice or receipt <strong>of</strong>material as the case may be.16. All suits or proceedings relating to any dispute or claim arising out <strong>of</strong> or in the course <strong>of</strong> performance <strong>of</strong>the sale <strong>of</strong>fer shall be found only in the appropriate Courts having jurisdiction over <strong>Bhilai</strong> <strong>Steel</strong> Plant,<strong>Bhilai</strong> and in no other Courts.17. No claim/complaint with respect to quality/condition or fitness for any specific use <strong>of</strong> or purpose <strong>of</strong> thematerial shall be entertained by us.18. Arrangements for placement <strong>of</strong> trucks will have to be made by the buyer in consultation with the operatingauthority before 24 (twenty four) hours <strong>of</strong> placement <strong>of</strong> trucks.19. The Sale Offer is subject to other terms and conditions <strong>of</strong> movement <strong>of</strong> goods by road as prevalent underlocal/state/central laws in this regard.35

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