IRE-Mixer Settler - Tech Comm Bid

INDIAN RARE EARTHS LTD
R.E DIVISION, UDYOGAMANDAL
TENDER DOCUMENT
For
DESIGN, FABRICATION, TESTING, SUPPLY, ERECTION & COMMISSIONING OF FRP MIXER SETTLERS, FRP SETTLERS & FRP RECTANGULAR TANKS
for HPRE PROJECT AT IREL, UDYOGAMANDAL, ERNAKULAM DISTRICT, KERALA
PART A, TECHNO-COMMERCIAL BID TENDER NO: HPREP/RED/PT/03/MS/2011
INDIAN RARE EARTHS LIMITED (A Govt. of India Undertaking) RARE EARTHS DIVISION UDYOGAMANDAL 683 501 KOCHI, KERALA Tel. : 0484, 2545161,2545062-65 Fax : 0484 2545269 E-mail : head-red@irel.gov.in Website: http//irel.gov.in
PUBLIC TENDER NOTICE

Indian Rare Earths Ltd (IREL) invites sealed tenders in two parts, PARTA (Techno-commercial Bid) & PARTB (Price Bid) from reputed Manufacturers/Fabricators for the following:Design, fabrication, testing, supply, erection & commissioning of FRP Mixer settlers with agitators, motors & accessories, FRP settlers and FRP rectangular tanks for HPRE Project at Indian Rare Earths Limited, Udyogamandal, Ernakulam Dt., Kerala. Tender No. Tender Cost (Non refundable) by way of Demand Draft or Bankers cheque Last date & time for issue of tender documents Last date & time of receipt of tenders Date of opening of Techno-commercial bid Earnest Money Deposit (EMD) deposited by way of Demand Draft or Bank Guarantee Validity of tender HPREP/RED/PT/03/MS/2011
Rs. 521/- (inclusive of all taxes) 16.11.2011- 1200 hrs. 16.11.2011- 1500 hrs. 17.11.2011- 1330 hrs. Rs. 1.30 lakhs
Should be minimum 120 days from the date of opening of Techno-commercial bid
Please visit our websites http://irel.gov.in or http://tenders.gov.in for details. Any Corrigendum to this tender shall be hosted in the websites only.
Chief General Manager
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Signature & Seal of the bidder
INDIAN RARE EARTHS LIMITED RARE EARTHS DIVISION

UDYOGAMANDAL 683501
Tender Document for HPRE Project comprising of Design, fabrication, testing, supply, erection & commissioning of FRP Mixer settlers with agitators, motors & accessories, FRP settlers & FRP rectangular tanks Tender No: HPREP/REDPT/03/MS/2011
Tender Document comprising PART-A, Techno commercial Bid including Notice Inviting Tender, Instruction to Bidders, Technical Specification, General Conditions of Contract for supply erection, commissioning of equipment, Special conditions of contract, Points bidders should bear in mind, Checklist, Technical Deviation Statement Form, Proforma of Bank Guarantee for Earnest money & Security Deposits, Articles of Agreement, Sketches and PART- B, Form for Price Bid for Mixer Settlers, Settlers & Rectangular tanks required for HPRE Project at Indian Rare Earths Ltd, Udyogamandal, Kerala.
This tender document is issued to: Name of Bidder: ..
Address of Bidder: .. . ..
Date of issue: Issued by: Indian Rare Earths Ltd, Udyogamandal
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INDIAN RARE EARTHS LIMITED RARE EARTHS DIVISION

UDYOGAMANDAL 683501 KERALA TENDER DOCUMENT
CONTENTS
Sl.No
Particulars
Page No.
PART- A (TECHNO-COMMERCIAL BID)
1.
NOTICE INVITING TENDER INSTRUCTION TO BIDDERS TECHNICAL SPECIFICATION GENERAL CONDITIONS OF CONTRACT FOR SUPPLY AND ERECTION/COMMISSIONING OF EQUIPMENT SPECIAL CONDITIONS TO THE CONTRACT
4 8 15 28 53 62 63 65 66 68 70 71
2.
3.
4. 5. 6. 7. 8. 9. 10. 11. 12.
POINTS BIDDERS SHOULD BEAR IN MIND CHECKLIST (ANNEXURE A) TECHNICAL DEVIATION STATEMENT FORM (ANNEXURE B) PROFORMA OF BANK GUARANTEE FOR EMD (ANN. C) PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT(ANN. D) FORMAT FOR ARTICLES OF AGREEMENT (ANN. E) SKETCHES
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INDIAN RAE EARTHS LIMITED (A Govt. of India Undertaking)
RARE EARTHS DIVISION

UDYOGAMANDAL 683 501 KOCHI, KERALA Fax : 91484 - 2545269 E-mail : head-red@irel.gov.in Ph: 91484 -2545161, 2545062-65 Website: http//irel.gov.in
1. NOTICE INVITING TENDER

Dear Sirs, Sealed tenders in Two parts (Technical cum Commercial & Price Bids) in the prescribed form are invited in duplicate from competent, experienced and financially sound bidders for Design, fabrication, testing, supply, erection & commissioning of FRP Mixer settlers with agitators, motors & accessories, FRP settlers & FRP rectangular tanks for HPRE Project at Indian Rare Earths Limited, Udyogamandal, Ernakulam Dt., Kerala. 1.0 Scope of work: (i) Design, Fabrication/Manufacture, Inspection, Testing, Supply, Transportation and storage at site of FRP Mixer settlers with agitators & motors, FRP settlers & FRP rectangular tanks including all accessories as per Technical Specification. (ii) Erection, Commissioning and Performance Guarantee Testing of the above FRP equipments, including all accessories as per Technical Specification 2.0 Quantity required: Mixer settlers (150 litre mixer capacity) Mixer settlers (100 litre mixer capacity) Mixer settlers (25 litre mixer capacity) Aqueous Settlers ( 2 m3 capacity) Aqueous Settlers ( 0.6 m3 capacity) Aqueous Settlers ( 0.45 m3 capacity) Solvent Settlers ( 2 m3 capacity) Solvent Settlers ( 0.6 m3 capacity) Solvent Settlers ( 0.45 m capacity)
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: 4 nos. : 4 nos. : 8 nos. : 9 nos. : 10 nos. : 6 nos. : 9 nos. : 2 nos. : 6 nos. 4
Rectangular tanks (4 m3 capacity) Rectangular tanks (2 m3 capacity) Rectangular tanks (1 m3 capacity) Rectangular tanks (0.45 m capacity)
3
: 2 nos. : 8 nos. : 4 nos. : 1 no.
(Details given in the Technical specifications of this Tender document) 3.0 Time of completion 3.1 Design and Detailed fabrication drawings of all the equipments shall be submitted within 30 days from the date of acceptance of IRELs confirmed Work order / Letter of Intent (LOI). 3.2 The date of acceptance is considered the date in which the Contractor signs the copy of the Work order/LOI or 7 days from the date of despatch of the Work order/LOI which ever is earlier. 3.3 IREL will be verifying and returning the design and detailed fabrication drawings within 10 days from the date of receipt of the same. 3.4 Fabrication, testing, supply, erection, commissioning and performance guarantee testing of the all the equipments and accessories as indicated in the Schedule of quantities (Annexure II ) of Technical specifications shall be completed within 130 days from the date of acceptance of IRELs confirmed Work order / Letter of Intent (LOI). However, the following equipments & accessories shall be fabricated, tested, supplied, erected, commissioned and performance guarantee tested within 85 days from the date of acceptance of IRELs confirmed Work order / Letter of Intent (LOI). 150 litre capacity mixer settlers & accessories 0.6 m3 Aqueous settlers 0.6 m3 Solvent settlers 4 m3 Tank 2 m3 Tank - 2 nos. - 4 nos. - 2 nos. - 1 no. - 1 no.
3.5 In case of any delay from the part of IREL in verifying and returning the design and fabrication drawings, the date of completion period shall be extended accordingly. 4.0 Price basis F.O.R., IREL, Udyogamandal, Kerala 5.0 Price The price quoted should be firm without any escalation on any account till the complete execution of the contract. 6.0 Earnest money Deposit (EMD) Bids shall be accompanied by EMD of Rs 1.30 lakhs as per clause No. 14 of Instructions to Bidders. Tenders without EMD are liable for rejection. 5
7.0 Pre-Qualification Criteria: 7.1 The bidder should be experienced in having successfully executed fabrication and supply of Mixer settlers in FRP to other Public Sector Undertaking, Central/ State Government or reputed private organizations during the last five years. Bidders have to furnish documentary evidence in support of the above mentioned FRP fabrication job undertaken by them like Copies of Work order, Invoices etc. from concerned authority/ department/ organization. 7.2 The average annual turnover of the bidder shall not be less than Rs. 38 lakhs during the immediate past three financial years. The bidder shall produce Profit & Loss Account statement & Balance sheet of the company (audited by a Chartered Accountant)for the past three financial years, ending 31.03.11. 7.3 The bidder shall submit valid bankers certificate for creditworthiness/ Solvency from a nationalized or scheduled bank or other RBI approved banks for an amount not less than Rs. 52 lakhs.
8.0 Commercial evaluation & loading Criteria Contract will be awarded to technically and commercially qualified bidder with the lowest bid price combining the items as per Price schedule in the PART-B, Price bid. Bidders are expected not to take any deviations from the Terms & conditions mentioned in the tender document. In case of deviations, IREL shall make appropriate loadings for the following deviations while evaluating the bids:8.1 Delayed Time of Completion In case the delivery period (Time of completion) quoted by the Tenderer extends beyond the required delivery period as per clause no.3. above, IREL reserves the right to load for extended delivery period at the rate of 0.5% per week to the total quoted price in the comparative statement and accordingly L1 shall be arrived. 8.2 Varied Payment terms In case the Tenderer takes deviation in Terms of Payment specified in the clause 18 of G.C.O.C. of this tender document, loading shall be done for the varied Payment terms offered by the Tenderer, at the rate of 12% per annum for the relevant period to their quoted total price in the comparative statement and accordingly L1 shall be arrived. 8.3 Deviation in Liquidated Damages clause (Pl. see clause no. 25 of General Conditions of Contract (GCOC) for supply & erection of Equipments) is not acceptable. Any deviation from the Technical specification, if any, shall be indicated clearly in the Technical deviation statement form attached as Annexure B. Tendering conditions Tenders (non-transferable) will be accepted only on prescribed tender form which can be obtained from the Office of Senior Manager (Purchase & Stores), IREL, Udyogamandal, Kerala on 6
8.4
9.0 9.1
payment of Tender Cost of Rs. 521/-(inclusive of taxes) by Bankers cheque or Demand Draft from Nationalized Bank or Scheduled Bank favouring Indian Rare Earths Ltd., payable at Udyogamandal/ Ernakulam. Cash payment will not be accepted. 9.2 The tender documents may also be down loaded from our web site http//irel.gov.in. or http://tenders.gov.in. Whenever downloaded tender documents are used for submission of offers, the cost of tender documents in the prescribed mode as indicated above shall invariably accompany the offer, otherwise, the offer is liable to be rejected. The tenderer(s) will be solely responsible for the correctness/genuineness of the downloaded tender documents from the website. If the offer submitted through the downloaded tender documents are incomplete, or with changed content, the offer shall be summarily rejected. SSI / MSME bidders registered with NSIC / Director of Industries of State / Cottage industries approved by the State Authority shall be issued the tender documents free of cost and shall be exempted from the payment of EMD subject to the production of valid registration certificate. The bidder shall submit self attested copy of PAN. The bidder shall submit self attested copy of Service Tax registration & Sales Tax registration.
9.3
9.4 9.5
9.6 The Company will not be held responsible on any account for loss, delay or non-receipt of tender documents after despatch. 9.7 Amendments/Corrigendum of the published tender will not be published in Newspapers and the same shall be notified only through web sites and all bidders are advised to visit the web sites for the purpose. In case any of the days mentioned in the above schedule is declared as a holiday on any account due to unforeseen reason, the said date shall automatically be substituted by the date of next working day and action taken accordingly. No further intimation will be given in this regard. Yours truly For Indian Rare Earths Ltd
9.8
Chief General Manager
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2. INSTRUCTION TO BIDDERS
1.0 Sealed tenders shall be sent to SENIOR MANAGER (PURCHASE & STORES), INDIAN RARE EARTHS LTD, UDYOGAMANDAL 683 501, ERNAKULAM DISTRICT, KOCHI, KERALA super scribing TENDER FOR FRP MIXER SETTLERS WITH ACCESSORIES, SETTLERS & RECTANGULAR TANKS with TENDER NO. & DUE DATE so as to reach him not later than the time stipulated in the Public Tender Notice (Page no. 1)of the tender document. The tenders are to be submitted in two parts, in separate sealed covers super scribing PART- A & PART- B in bold letters as shown below: PART-A = The Technical cum commercial bid should accompany relevant documents as per our N.I.T./Instruction to Bidders by fulfilling the Prequalification Criteria and EMD in a separate sealed cover superscribing : Part A, Techno-commercial bid , Tender no. PART-B = The Price bid consisting of Price bid details as per our format in a separate sealed cover superscribing : Part B, Price bid , Tender no. Both Part-A & Part-B shall be put together in a single sealed cover and submitted. This shall be accompanied by the tender documents issued by the company. The Bidder or authorized signatory of the Bidder shall sign on all the pages of the tender document as a token of acceptance of the tender. The tender document shall be deemed to be an integral part of the Contract. 3.0 Tenders shall be sent by Courier / Registered Post / Speed Post or handed over personally against receipt by the date and time and at the place specified above. Modification & Withdrawal of Bids Bidders may modify or withdraw their bids by giving notice in writing before the due date of opening of Part-A, Techno-commercial bid. 4.1 Modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with clauses 1 & 2, with the envelopes marked MODIFICATION or WITHDRAWAL as appropriate. On the specified bid opening date, envelopes containing PART-A only will be opened in presence of bidders or their authorized representative who wish to be present. PART-B envelope of acceptable bidders based on evaluation of PART-A will be opened on a subsequent date. The date, time and place of opening of PART-B will be intimated to the bidders concerned. Bidders representatives attending the bid opening shall bring with them necessary authorization from the bidder. The presence of bidder or their representative is not a criterion for opening the bid. The bids shall be neatly written in ink/typed with pages consecutively numbered and shall be signed on all pages by authorized person. Bids shall be free from over writing and all corrections 8
2.0
4.0
5.0
6.0
7.0
shall be duly attested by the bidder. If there is any difference between the amount given in figures and words, the amount quoted in words will prevail. 8.0 No tender will be received after 15.00 hrs on 16.11.2011 under any circumstances whatsoever. Late tenders shall however at the sole discretion of M/s. Indian Rare Earths Ltd., be accepted if it is sufficiently proved that the tender has been posted before the said date. Tenders received through Telex, Fax and incomplete tenders are liable to be ignored. A checklist to ascertain the adequacy of documents required for the techno commercial evaluation is attached, as Annexure A. Bidder shall fill the same without fail. In addition, a Technical Deviation Statement Form is attached as Annexure B wherein the bidder shall provide details of its list of deviation as per the format. Before the deadline for submission of bids, IREL may modify the bidding documents by using addenda. 10.1 Any addendum thus issued shall be part of the bidding documents and shall be published in the web sites. Such addenda shall form part of the Tender document. 10.2 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, IREL may extend the deadline for submission of bids by issuing an amendment, in which case all rights and obligations of IREL and the bidders previously subject to the original deadline will then be subject to the new deadline. 11.0 After opening of PART-A (Techno commercial) of the tender, if it becomes necessary for IREL to seek clarifications or to have discussions with the bidders, the same will be sought from the bidder. The bidder shall furnish all the technical information/ clarifications based on the request/discussions. IREL may revise/add/delete the technical specification necessitated after receiving the clarifications/ discussion with the bidders, which will be made prior to opening of the price bid, and wherever necessary bidders may be asked to modify their price bids based on the technical changes made. Such changes/ modifications should be sent to IREL in sealed envelopes super scribed with name of work, etc. 12.0 Correction of Errors Bids determined to be responsive will be checked by IREL for any arithmetic errors and if any, will be normally corrected as follows. a) Where there is a difference between the grand total amount in figures and words, the amount quoted in words shall be adopted. b) Where the rate quoted by the Tenderer in figures is not tallying with respective amount column (which is derived from multiplying the quantity with rate of particular item), then the rate quoted by the Tenderer which corresponds to the amount worked out shall be taken as correct. c) The decision of IREL shall be final in this regard. 12.1 The amount stated in the bid will be corrected by IREL in accordance with the above procedure for the correction of errors and with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder doesnt accept the corrected amount, the bid will be rejected, and the EMD may be forfeited. 9
9.0
10.0 Amendment of Bidding Documents
13.0 Validity of Tender The tenders shall be valid for a minimum period of 120 (One hundred and twenty) days from the opening date of Techno commercial bid. 14.0 Earnest Money Deposit (EMD) 14.1 The bidders are required to deposit along with their tender, a sum of Rs 1.30 lakhs/- (Rupees one lakh thirty thousand only) towards Earnest money only in the following forms: 14.2 EMD shall be submitted by way of crossed demand draft in favour of M/s. Indian Rare Earths Ltd. at any Nationalized/ Scheduled bank payable at Ernakulam/Udyogamandal. 14.3 EMD can also be submitted by way of Irrevocable Bank Guarantee from any Nationalised/Scheduled Bank. BG submitted should be valid for 150 days from the date of opening of the Techno commercial bid . The proforma for Bank Guarantee is given as Annexure C. 14.4 This EMD shall not bear any interest. Failure to submit EMD of requisite value along with Techno-commercial bid is liable for rejection. In case the bidder withdraws the tender before tender validity, the EMD amount will be forfeited. 14.5 Public sector undertakings, State Government undertakings and SSI / MSME bidders registered with NSIC / Director of Industries of State /Cottage industries approved by the State authority who have enclosed copy of the self attested valid registration certificate, shall be exempted from paying EMD. 14.6 EMD of unsuccessful bidders shall be refunded/returned with in 60 days after finalization of bid and placement of order on successful bidder. 14.7 The EMD if deposited by way of Demand Draft shall be adjusted as part of Security Deposit in case of successful bidder. If the EMD is submitted by way of Bank Guarantee, the same shall be returned to successful bidder on submission of Security Deposit for the full amount. 14.8 No request for any adjustment towards Earnest Money from any bills on hand in respect of any other contracts will be entertained. In case of rejected tenders, the tenders shall be retained by the Indian Rare Earths Ltd, but only the EMD shall be returned / refunded to the respective bidders. 14.9 The EMD shall stand forfeited in favour of IREL without any notice to the Tenderer if, (i) The Tenderer changes the terms and conditions or prices or withdraws his quotation subsequent to the date of opening of tender. The Tenderer does not convey his written acceptance within a maximum period of 15 days of the Work order placed on him by IREL. The Tenderer fails to accept the order when placed or fails to supply /execute the work after accepting the order. The successful Tenderer does not deposit the Security deposit within the stipulated period. 10
(ii)
(iii)
(iv)
(v)
The successful Tenderer does not execute an Articles of Agreement as per the format enclosed (Annexure E) on stamped paper for Rs. 200/- for due fulfillment of the Contract before the date specified for the purpose in the LOI or in the Work Order.
15.0 IREL reserves the right to accept or reject any tender/offer without assigning any reason whatsoever and no Tenderer shall have any claim over such action. IREL also reserves the right to modify, either in whole or in part any of the clauses mentioned herein or to reduce the quantity or to reject the lowest or any tender whatsoever either in full or in part without assigning any reason thereof. IREL also reserves the right to alter or reduce or delete or add the scope of work. The right includes right of division of the order quantity by Indian Rare Earths Ltd. The Tenderer on their part shall accept such part offered by IREL. 16.0 IREL reserves the right to extend, without giving any reason(s), the date /time of opening of PartA of the tender. The extended date, if any, will not be published in Newspapers and the same shall be notified only through web sites and all bidders are advised to visit the web sites for the purpose. 17.0. Award of Contract & Agreement: 17.1 Contract will be awarded to technically and commercially qualified bidder with the lowest bid price combining the items as per Price Schedule in the Price bid, attached as PART-B. 17.2 IREL reserves the right to place the order in part or in full at its sole discretion without assigning any reasons whatsoever. 17.3 IREL will issue a Work Order to the Bidder whose bid has been accepted. IREL may also notify the award of contract prior to the expiration of the bid validity by an LOI (Letter Of Intent) by a facsimile and confirmed by letter through Speed post. The Contractor on receiving the facsimile of LOI / Work Order shall return a copy of the letter/ order acceptance duly signed as token of acceptance of the contract within 15 days of receipt of LOI / Work Order. 17.4 Not withstanding the conditions given by the Bidder, the terms & conditions as per the work order released by IREL shall be final and overriding all conditions. 17.5 The LOI / Work Order will constitute the formation of contract subject only to the furnishing of a Security deposit in accordance with provision in clause 18.0 given below. 17.6 The bidder winning the contract shall sign an agreement with IREL on non-judicial stamp paper of Rs. 200/- as per the format given as Annexure E before the date specified for the purpose in the LOI or in the Work Order. 17.7 Failure of the successful bidder to comply with requirements clause 17.3, 17.5 & 17.6 shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the EMD. 18.0 Security Deposit The successful bidder shall be required to deposit within 15 days of receipt of intimation of the 11
acceptance of his tender a sum equivalent to 5% (five percentage) of the Order value in favour of M/s Indian Rare Earths Ltd as Security Deposit. 18.1 The Security deposit (SD) may be remitted in the following forms: (i) Demand draft drawn on any Nationalized / Scheduled Bank in favour of M/s. Indian Rare Earths Ltd payable at Ernakulam/Udyogamandal. (ii) Irrevocable Bank Guarantee from any Nationalised Bank/Scheduled Bank, valid till the completion of the contract. Bank guarantee should come from issuing bank directly to IREL and the Proforma for Bank Guarantee is attached as Annexure D. (iii) The Bidder who has already submitted EMD by way of Demand Draft, may at his option intimate the company within 15 days from the award of work order, his intention of conversion of EMD into security deposit and remit the balance amount by a demand draft drawn on any Nationalized / Scheduled Bank in favour of M/s. Indian Rare Earths Ltd payable at Ernakulam/Udyogamandal. (iv) The supplier who has already submitted EMD by way of Bank Guarantee shall remit the full amount of Security Deposit as mentioned above in 18.1(i) & 18.2(ii). EMD shall be returned on submission of Security Deposit. 18.2 SD shall remain valid for a period from the date of placement of order by IREL till the date of completion of contract. 18.3 Security deposit shall not bear any interest and shall be returned after satisfactory execution of the Order and final bills paid. 18.4 If the Contractor is called upon by the Purchaser to deposit Security and the Contractor fails to provide the security within the period specified, such failure shall constitute a breach of the Contract and the Purchaser shall be entitled to make other arrangements for the repurchase of the stores contracted for at the risk and expense of the Contractor. 18.5 Forfeiture of Security Deposit The Security Deposit shall stand forfeited in favour of IREL without any further notice to the Supplier if the work is abandoned or not satisfactorily completed. Whenever any claim against the Contractor for the payment of a sum of money arises out of or under a contract, Purchaser/ company shall be entitled to recover such sum by appropriating in part or in whole the Security deposit of the Contractor. In the event of security being insufficient or if no security deposit has been taken from the Contractor, then the balance of total sum recoverable, as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the Contractor. The Contractor shall pay to the purchaser/ company the dues, if any. No claim shall lie against the Purchaser either in respect of interest, if any, due on Security Deposits or depreciation in value. 19.0 Manufacturers/ Sub-vendors name, their trade mark and brand, if any, should invariably be mentioned and illustrative leaflet giving technical particulars etc., should be attached to the offer.
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20.0 Ethics in tendering & other buisness dealings Indian Rare Earths Limited, a Government of India Undertaking under the administrative control of Department of Atomic Energy is doing its business as per the rules and regulation of the Public Sector Undertaking and other statutory agencies. The business is done in an ethical, rational & impartial manner with good corporate governance. In our endeavor to be more transparent in our dealings and to support our ideology all Vendors, Customers and Business Partners are requested not to provide any gift and /or inducement to any of our employees for securing/being granted favour in dealings with our Company. In assurance of your commitment to the aforesaid, it will be highly appreciated if you fill up, sign and abide by the attached undertaking. Report of any gifts and /or inducements sought by any employee of the company (IREL) should be immediately reported to any one of the following: Dr. R.N.Patra Chairman & MD Indian Rare Earths Ltd 1207 VS Marg, Prabhadevi Mumbai - 400 028 Ph.022-24225778 Email: cmd@irel.gov.in Shri. Atul Kumar Shukla, IFS Chief Vigilance Officer Indian Rare Earths Ltd 1207 VS Marg, Prabhadevi Mumbai - 400 028 Ph.022-24221068 Email: cvo@irel.gov.in
Or Shri. A.K.Das, Chief General Manager Indian Rare Earths Limited, Rare Earths Division, Udyogamandal, Cochin 683 501, Kerala. Ph: 0484-2546423 Email: head-red@irel.gov.in We assure you that complaints if any made by you on the subject will be kept confidential and fair investigation will be conducted and appropriate action will be taken. Similarly, we expect your commitment to the undertaking and its violation will have consequences as per prevailing rule of the company.
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UNDERTAKING TO BE SUBMITTED BY TENDERER Date: To M/s. Indian Rare Earths Ltd Rare Earths Division Udyogamandal, Cochin 683 501
I/we.am/are a Vendor/Customer of Indian Rare Earths Limited.
I/We agree and undertake: (i) Not to provide any gift and/ or inducement to any employee of the company in connection with securing/ being granted favour(s) in my/our dealings with the company and its field Unit namely R.E.D at Kerala, (ii) To immediately report any gift and / or inducement sought by any employee of the company and /or its field Units granting favour(s) to me/us in my/our dealings with the company and /or its field units.
Signature: ..
Name:
Address (with seal):..
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3. TECHNICAL SPECIFICATION
Clause No. 1 2 3 4 5 6 Topic General description Technical requirements Standards Operating conditions Work not included Technical details for FRP/structural construction & motor Inspection Performance Guarantee test Drawings to be furnished by the Contractor Erection work Contractors scope of supply IRELs scope of supply Safety & housekeeping Guarantee The other important points Time of Completion Data sheets Schedule of quantities Approved list of resin & FRP mat manufacturers Page No. 16 16 17 17 17 17
7 8 9 10 11 12 13 14 15 16 Annexure -1 Annexure -1I AnnexureIII
20 20 21 21 21 21 22 22 22 22 23 26 27
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3. TECHNICAL SPECIFICATION
1.0 General description Mixer settlers: The equipment named Mixer settler unit is intended to perform liquid-liquid solvent extraction process. The extraction process demands transfer of solute from the bulk of the aqueous phase to the bulk of the solvent phase. Each mixer settler unit is comprised of six individual stages. In each stage, liquids are transferred from one stage to the next stage by means of action of agitator (pumping cum agitation). The impeller attached to the agitator shaft effects pumping and mixing. The pumping action is incorporated to avoid the need for separate pumps for inter stage liquid transfer. The shroud provided in the mixer compartment of mixer settler directly or indirectly aids for the transfer of liquids from one stage to the next. Each mixing chamber is connected with its associated settler with suitable solvent & aqueous pipes. 1.2 Settlers: The function of settlers, usually called after settlers, is to hold solvent aqueous mixture transferred out of the mixer settlers for effecting solvent-aqueous separation and to obtain respective clear (solvent/aqueous) solutions before being fed to the next station. Two different types of after settlers are considered, Aqueous & Solvent settlers. 1.3 Rectangular tanks: Rectangular tanks are intended as storage tanks of aqueous solution and solvent. 2.0 Technical requirements 2.1 The specification covers the technical requirements for Design, fabrication, inspection, testing, transportation, supply, erection, commissioning & performance guarantee testing of FRP mixer settlers, settlers (solvent & aqueous) and rectangular tanks to IREL, Udyogamandal in the State of Kerala. 2.2 Mixer settler units with top cover are to be fabricated in FRP using bisphenol resin as per Sketch no.1, attached to this specification. The covers of the mixer settles are to be made in isophthalic resin. 2.3 Settlers are to be fabricated in FRP using bisphenol resin as per the enclosed Sketch no.2 . The covers of the settles are to be fabricated in isophthalic resin. 2.4 Agitator and shafts of the mixer units of mixer settlers are to be fabricated using EN8 grade steel rod lined with bisphenol resin. 2.5 Drive motors shall be provided as per the attached specifications. 2.6 Structural stand to place the mixer settlers shall be fabricated in mild steel lined with minimum 3 mm thick isophthalic resin as per the attached Sketch nos. 3A, 3B & 3C. 2.7 The Contractor has to prepare the fabrication drawings of the mixer settlers, settlers, tanks, agitator assembly and structural stands of mixer settlers based on this technical specifications/sketches and got it approved from IREL before starting the fabrication work. 2.8 The nozzle fixings of mixer settlers, settlers & tanks are to be done at site, during erection work, to suit to the site conditions. 2.9 The equipments to be offered against this tender shall be with out any deficiency and problem whatsoever. The specification does not cover all aspects of detailed design and fabrication intricacies of equipment mentioned. The tenderer shall be thoroughly conversant with the specified requirements, quality standards and workmanship for trouble free operation of the equipments. 2.10 Tenderer shall furnish necessary technical as well as commercial particulars as listed in Notice Inviting Tender(N.I.T.) of this Tender document along with his offer to enable easy evaluation of the offers. 16
1.1
3.0 Standards 3.1 The design, manufacture, identification of material and testing of the equipment covered in this specification shall comply with the latest editions of the relevant Bureau of Indian Standards. In cases where suitable Indian Standards are not available, generally accepted codes and practices shall be adopted. In cases where the offer deviates from the specified technical specifications, the tenderer shall indicate clearly in his offer the reasons for the changes, the standards proposed to be adopted by him and the details thereof as per Technical Deviation Statement form, attached as Annexure B to the Techno-commercial bid.
3.2
4.0 Operating conditions The units offered by the tenderer shall be capable of continuous operation without impairing performance and physical damages due to wear & tear. 5.0 Work not included 5.1 Civil works 5.2 Providing Starters and external power wiring of electric motors. 6.0 6.1 Technical details for FRP, structural construction and motor FRP mixer settlers, after settlers and tanks The equipments shall be fabricated in accordance with good engineering practices using bisphenol resin as per the requirement of standards mentioned earlier. The materials used for manufacturing the equipment shall be tested for quality and shall conform to the indicated specifications. Correlating test certificates for all the materials shall be produced by the Supplier if demanded by Purchaser. The requirements of FRP fabrication are detailed below, in clause no. 6.5 of this technical specification. The successful tenderer shall furnish the detailed fabrication drawings for approval prior to fabrication. The FRP mixer settlers required are of mixer capacities 150 litre, 100 litre and 25 litre. Depending on the orientation of nozzles, they are classified as Type-A & Type-B. The FRP settlers required are of different capacities, 2 m3, 0.6 m3 and 0.45 m3. Rectangular FRP tanks of size ranging from 0.45 to 4 m3 are intended for the operations. The dimensions, plate thickness and quantities of Mixer settlers, settlers & rectangular tanks are given in the Data sheet & Schedule of Quantities attached as Annexure I & II respectively. The drawings of typical mixer settlers (Type A & Type B) and settlers are enclosed in Sketch nos. 1 & 2. However, the actual no. of Type-A & Type-B mixer settlers, nozzle orientation of each mixer settler, settler & rectangular tanks will be intimated in the Work order. Flanges of appropriate width should be provided at the top portion of the equipments. Stiffeners should be provided all around the mixer settlers, settlers & tanks with about 25 mm radius at 1/3 & 2/3 heights externally as required to avoid bulging of side plates. All the corners (vertical & horizontal) shall be curved with at least 40-50 mm radius & the joints shall be overlapped in the joining plates. 2 mm thick covers with stiffners shall be provided on the top of the mixer settlers & settlers. This top cover shall be made with isophthalic resin. 17
6.2 Agitator assembly and drive motor 6.2.1 The agitators (stirrers) covered in the specification shall be capable of continuous operation at the rated speed (600 to 700 rpm) without impairing performances and physical damage. The agitator shall be fabricated in accordance with good engineering practice to suit operating conditions. The tenderer shall provide suitable end connection with the agitator shaft and the motor. The whole assembly shall be statically and dynamically balanced and checked for critical deflection. The agitator is to be connected with vertical, flanged motor coupling. Propeller type blade is preferred for the agitator. The agitator shaft shall be of EN8 grade mild steel and lined with 2mm thick FRP Bisphenol resin (including the shaft connector). The drawing of the agitator assembly with details shall be submitted along with the fabrication drawing of mixer settlers/settlers. Any fabrication made prior to the written approval by the Purchaser shall be at the risk of the Supplier. 6.2.2 The drive motors of mixer settlers shall be of the following:
st
6.2.3
All motors shall comply, with the following applicable Indian standards amended up to 31 March 2011. IS:325, Three Phase Induction Motors IS 2148, Flameproof enclosures of electrical apparatus IS:12615, Energy efficient motors System voltage - 415V +/- 10% 3 phase, Frequency -50 Hz +/- 5%. Enclosure - Flame proof type Operation - Continuous Mounting - Vertical Terminal boxes - as per standards Rotation -Bi directional use. Data sheet for motor 1.0 Operating conditions a. Rated Voltage & Frequency b. Maximum ambient temperature Motor details Type of motor
415V + 10%, 50Hz + 5%, 3 phase AC 450C By Vendor in accordance with the requirements mentioned below:Energy efficient, Squirrel Cage Induction motor (type eff-2) as per IS 12615 To be furnished by driven eqpt. Vendor 600 To 700 rpm Vertical S1 IP 55 To be furnished by driven equipment Vendor 18
2.0 2.1
2.2 2.3 2.4 2.5 2.6 2.7
Rated output in kW Rated speed in RPM Type of mounting Class of duty as per IS:325 Protection Method of starting
2.8 2.9 2.10 2.11
Insulation class Enclosure Location Make of motors
Class F, but temperature rise limited to class B TEFC, Flameproof Indoor ABB/BHEL/BHARAT BIJLEE/KIRLOSKAR ELECTRIC/SIEMENS/ CROMPTON GREAVES/ALSTOM
6.3 MS FRP structural stand for mixer settlers & motors 6.3.1 The details of the MS structural stands required for Mixer settlers are shown in the Sketch nos. 3A, 3B & 3C. However, the successful Contractor has to design, fabricate and supply MS FRP support frames to keep the mixer settlers at different elevations to enable gravity flow of aqueous/solvent through different mixer settlers/settlers. The general arrangement drawing of mixer settlers indicating the elevations of mixer settlers with stands will be provided after placement of Work order. However, the maximum and minimum leg heights of the mixer settler stands will be 1.32 m and 0.70 m respectively. The MS structurals for mixer settler supports shall be fabricated using IS 2062 grade steel and shall be rigid and mechanically strong. FRP lining thickness for structural supports shall be minimum 3 mm using Isophthalic resin. The FRP lining of structural supports should be perfectly finished without air bubbles. The MS FRP supports where the mixer settler bottom rests (base frame), should be provided with a suitable flat surface to avoid any buckling. Chemically treated chequered board (WIP CHECK, WK MD-2 grade ply wood) shall be fixed on the structural base frame of the mixer settler. The size of this sheet is normally 2.4 m length x 1.2 m breadth x 20 mm thick. The Supplier shall purchase the above chequered board and fix the sheet suitably to the base frame of mixer settlers. 6.3.2 Motor base frame made out of MS FRP shall be fabricated and fixed above the supports to suit the motor size and the motor with agitator assembly is to be fitted and aligned properly to effect pumping and agitation. The General arrangement drawing of Agitator motor assembly is indicated in Sketch no. 1. 6.4 Data sheets & Schedule of Quantities The data sheets of mixer settlers, settlers and rectangular tanks are detailed in Annexure I. The quantities of equipments indented are indicated in the Schedule of Quantities attached as Annexure II. 6.5 Requirements for FRP fabrication
-
The FRP items shall be constructed in fiberglass reinforced Plastic (FRP) with no metallic reinforcements. The construction of FRP shall be of Hand lay-up or open contact moulding may be adopted. The successful tenderer has to use Bisphenol resin for fabrication of the FRP items, whereas for FRP lining of structural supports, isopthalic resin may be used. The resin and mats are to be purchased only from the manufacturers approved by IREL. The list of approved resin/mats manufacturers is enclosed as Annexure III. 19
Resin shall contain no pigments, dyes, fillers or any thixotropic agent that may interfere with the visual inspection of the laminate. Purchaser reserves the right to inspect the materials procured by the Contractor during any stage of the fabrication of the items and will be entitled to receive samples for testing and analysis. A chemically resistant smooth finish may be provided for the inner surface which shall be 0.25 to 0.5 mm thick. The resin in such a layer shall contain minimum 80% of resin. The layers shall be built up with chopped strand matting (450 GSM) to the required final thickness. The exterior surface must be finished with a layer of surface mat and shall be relatively smooth with no exposed fibers or sharp projections. Enough resin must be present to prevent exposed fibre. The flanges and the stiffeners shall be integrally moulded with the body. Wherever the roving / matting are discontinuous, the joints shall have an over lap of at least 50 mm and these joints must be staggered along the length and breadth of the individual sections of the units. The exterior surface must be coated with 2 coats blue pigment in isophthalic resin.
7.0 Inspection The FRP equipments shall be inspected at the Suppliers premises. During inspection, dimensional check including testing has to be carried out in the presence of the representative of the Purchaser. The Supplier shall carry out any change or modifications as pointed out by the Purchaser at no extra cost. The Supplier shall despatch the equipment only after obtaining clearance from the Purchaser. However, the Purchasers inspection and certification does not absolve the supplier of his responsibilities towards the satisfactory operation and the guarantee/warranty of the system. The Purchaser representative shall be given full access to the shop in which the equipment is being manufactured or tested. The Purchaser shall be notified well in advance of the fabrication and major tests for the purpose of general inspection and witnessing the tests. If any deviation/modifications suggested during inspection, such works are to be carried with out extra cost. IREL, if desires, may carry out any or all of the following testing methods for testing of the laminate:(i) FRP Cut pieces after weighing shall be boiled in water for one hour or soaked in 5.5 N HCl or 20% H2SO4 for about 72 hrs and the final weight taken. A weight difference of +/- 1% is permissible. For determining the glass content, the samples will be heated in a furnace at a
0
(ii)
temperature of 565 C for about four to five hours and shall be allowed to cool in a dessicator. The loss in weight of the sample is taken as the weight of the resin. Manufacturers test certificates shall be produced for the quality assurance of the resins and glass, at the time of inspection. 8.0 Performance Guarantee test All the mixer settlers, settlers and rectangular tanks must be tested before despatch to IREL and the Contractor must ensure normal working of the system. These equipments are to be water tested for leaks in the equipments. After the agitator assemblies are installed on the Mixer20
Settlers, they shall be mechanical run tested for smooth operation. The agitators shall be run for a minimum of four hours with Mixer settler filled up with water up to the working level. There shall be no wobbling, undue noise and heating of motor and uninterrupted flow of water between different stages of mixer settler. Any defects noticed must be rectified by providing suitable modifications or additional provisions for smooth and reliable operation. 9.0 Drawings to be furnished by the Contractor The contractor has to submit the equipment fabrication drawings and get it approved from IREL before starting the fabrication works. Three sets of As built-in drawings need to be supplied along with the supply of equipments in soft and hard copies. 10.0 Erection work 10.1 All equipments shall be erected in the I floor of existing plant inside IREL premises (+ 4 m to 7 m elevation) by the Contractor as per the General arrangement drawing of mixer settlers indicating the elevations of mixer settlers and intermediate settlers with stands. This drawing including the Equipment layout drawings at + 4.0 to 7.0 m level will be provided to the Contractor during placement of order. However, the maximum and minimum heights of the mixer settler stands will be 1.32 m and 0.70 m respectively. 10.2 Flange joints shall be jointed with gaskets. 10.3 The Contractor has to fix the nozzles/flanges at site with adequate reinforcement as per standards to suit the site conditions in consultation with the Engineer-in-charge. 10.4 During erection, the Contractor has to maintain the daily work log register indicating the engagement of labour, daily activities, receipt of materials etc and to submit the progress of the work on weekly basis to the Engineer-in-charge. The Purchaser has the right to inspect the register at any time during the work. 10.5 The normal working hours in the company shall be from 8.00 hours to 16.00 hrs. Working after 16.00hrs can be carried out only after getting approval for that particular day from the concerned Engineer -in- Charge and Safety section. 11.0 Contractors scope of supply 11.1 All the working implements like dereck, chain pulley blocks, ropes, welding & cutting implements & consumables, hoses and other tools & tackles, scaffoldings, labour etc. are to be brought by the Contractor. 11.2 The structural steel for equipment supports, fasteners, gaskets, pad plates, materials for FRP lining and wooden chequered Board (WIPCHECK) are under the scope of the Contractor. 12.0 IRELs scope of supply 12.1 Electricity and water required for the work shall be provided free of cost by IREL.
21
13.0 Safety & housekeeping 13.1 It is the sole responsibility of Contractor to carry out the work in an utmost safe manner. Successful Contractor will have to carry out the work as per the rules laid down by IREL Safety section. Necessary safety work permit has to be taken before starting the work. The work spot shall be maintained neat and clean on daily basis. The debris generated during the course of erection must be shifted to the scrap yard situated within 300 m radius from the work site in consultation with the Engineer-in-charge. If such waste is not removed, the expenses incurred for the waste removal will be deducted from the contractor bill. 14.0 Guarantee All the items fabricated/supplied/erected shall be guaranteed against defective workman ship for a minimum period of 12 months from the date of completion of the work or 18 months from the date of supply whichever is earlier as indicated in SCOC of this Tender document. 15.0 The other important points 15.1 The Tenderer has to quote the supply and erection prices separately along with statutory levies and applicable taxes as given in Schedule I of Price bid, (PART-B). 15.2 The Tenderer shall quote the rates for Spares required for 2 years trouble free operation of the equipments supplied by him as per the format given in Schedule II of the Part B, Price bid. 15.3 The Contractor has to engage only the labour having ESI, PF and other statutory valid registration. Any claim raised out of any such violation will be at the Contractors own risk and cost. 15.4 The Tenderer can inspect the site on any working day during office hours before submitting their tender. 16.0 Time of completion The Time of completion for the work is detailed in clause no. 3.0 of N.I.T to this Tender document
22
Annexure I Page 1/3
DATA SHEETS
A. Data sheets for FRP mixer settlers 1. Quantity of mixer settlers(150 litre mixer volume): Type-A 4 nos. Type-B 2. Quantity of mixer settlers(100 litre mixer volume): Type-A 4 nos. Type-B 3. Quantity of mixer settlers( 25 litre mixer volume) : Type-A 8 nos. Type-B 4. Location of Erection : Varies from + 4.0 m to +7.0 m level 5. Material of construction : FRP in Bisphenol resin 6. Nozzle fixing : To be done at Site 7. Dimensional details as per the given table (Refer Sketch no. 1 for drawing):
Sl No. a. Description 150 litres mixer volume Length-4000 mm Width -3150 mm Height - 790 mm 4 (Type-A& B will be furnished along with the order) 6 15 mm 12 mm 10 mm 2 mm 8 mm 10 mm 10 mm 90 mm ID 200 mm ID 600 mm Technical details 100 litres mixer 25 litres mixer volume volume Length-3122 mm Length-1890 mm Width -2646 mm Width -1890 mm Height -692 mm Height - 480 mm 4 (Type-A& B will be furnished along with the order) 6 12 mm 12 mm 8 mm 2 mm 6 mm 8 mm 8 mm 63 mm ID 194 mm ID 520 mm 8 (Type-A& B will be furnished along with the order) 6 12 mm 10 mm 8 mm 2 mm 6 mm 8 mm 8 mm 50 mm ID 150 mm ID 250 mm Remarks including flange width at the top -
Over all dimensions
b.
No. of mixer settlers
c. d. e. f. g. h. i. j. k. l.. m.
No. of stages in each mixer settler Bottom plate thickness Side plate thickness Inner partition plate thickness Cover sheet thickness Baffle Plate thickness (D1 & D2) Partition Plate thickness, E Partition Plate thickness, F Solvent & aqueous pipes Shroud pipe Solvent over flow height from bottom (in Plate E of Sketch no. 1) Aqueous weir fixed pipe (outer threaded) height Aqueous weir adjustable pipe (inner threaded) height
n. o.
550 mm 300 mm
425 mm 270 mm
200 mm 200 mm
Type-A
Type-B
Settling Compartment
Mixer Compartment
Aqueous & solvent Compartment
23
Annexure I Page 2/3 B. Data sheets for FRP Settlers 1. Material of construction : FRP in Bisphenol resin 2. Location of Erection :Varies from + 4.0 m to +7.0 m level 3. Nozzle fixing : To be done at Site 4. Quantity & Dimensional details for Aqueous settlers as per the given table: (Refer Sketch no. 2 for drawing):
Sl. No a. Description Over all Size in mm Length Width Heigh t 3150 750 850 Botto m 12 Plate thickness Side Inne Top r cover 10 8 2
Remarks including flange width at the top
Type-1 : 2 m3 capacity (9 nos.) Type-2 : 0.6 m3 capacity (10 nos.) Type-3 : 0.45 m3 capacity (6 nos.)
b.
1400
750
600
10
c.
1830
500
500
10
5. Quantity & Dimensional details for Solvent settlers as per the given table: (Refer Sketch no. 2 for drawing):
Sl. No a. Tag No. Type-1 : 2 m3 capacity (9 nos.) Type-2 : 0.6 m3 capacity (2 nos.) Type-3 : 0.45 m3 (6 nos.) Over all Size in mm
Length Width Height
Plate thickness in mm
Bottom Side Inner Top cover
Remarks 2 including flange width at the top
3150
750
850
12
10
b.
1400
750
600
10
c.
1830
500
500
10
C. Data sheets for FRP Rectangular tanks 1. Material of construction : FRP in Bisphenol resin 2. Location of Erection :Varies from + 4.0 m to +7.0 m level 3. Nozzle fixing : To be done at Site 4. Quantity & Dimensional details for tanks as per the given table:
Sl. No Capacity (m3) Quantity (No.) Over all Size in mm
Length Width Height
Plate thickness in mm
Bottom Side Inner Top cover
Remarks
a. b. c. d.
4 2 1 0.45
2 8 4 1
4000 1500 1500 1830
1100 1500 750 500
1000 1000 1000 500
10 10 10 10
8 8 8 8
8 8 8 8
2 2 2 2
including flange width at the top
24
Annexure I Page 3/3 Dimensions of Baffle Plate, D1 indicated in Sketch no. 1 Tag as per Sketch no. 1 K1 K2 L M N 150 litre Mixer settler 250 mm 250 mm 250 mm 250 mm 250 mm 100 litre Mixer settler 210 mm 210 mm 225 mm 225 mm 225 mm 25 litre Mixer settler 150 mm 150 mm 150 mm 150 mm 150 mm
Dimensions of Plate, E indicated in Sketch no. 1
Tag as per Sketch no. 1 P Q R S T U V W
150 litre Mixer settler 180 mm 314 mm 675 mm 75 mm 314 mm 180 mm 600 mm 150 mm
Dimensions of Plate, F indicated in Sketch no. 1
Tag as per Sketch no. 1 X Y
150 litre Mixer settler 750 mm 415 mm
25
Annexure II
SCHEDULE OF QUANTITIES
Sl.No.
A 1 2 3
Item
Capacity
Quantity
B 1 2 3 4 5 6 C 1 2 3 4
FRP Mixer settlers with cover, agitator, motor & accessories complete with mild steel base frame, wooden chequered board and steel supports Mixer Settlers (Type -A & Type-B) 150 litres mixer 4 Nos. volume Mixer Settlers (Type -A & Type-B) 100 litres mixer 4 Nos. volume Mixer Settlers (Type -A & Type-B) 25 litres mixer 8 Nos. volume Sub total - A 16 Nos. FRP settlers with cover Type-1 Aqueous settler Type-2 Aqueous settler Type-3 Aqueous settler Type-1 Solvent settler Type-2 Solvent settler Type-3 Solvent settler Sub total - B FRP rectangular tank with cover Rectangular tank Rectangular tank Rectangular tank Rectangular tank Sub total - C 2 m3 0.6 m 0.45 m3 2 m3 0.6 m3 0.45 m3 4 m3 2 m3 1 m3 0.45 m3
3
9 Nos. 10 Nos. 6 Nos. 9 Nos. 2 Nos. 6 Nos. 42 Nos. 2 Nos. 8 Nos. 4 Nos. 1 No. 15 Nos.
26
Annexure III
APPROVED LIST OF SUPPLIERS/MANUFACTURERS OF RESIN & P.B. MAT A. BISPHENOL RESIN 1. Naptha resins and chemicals Pvt. Ltd., 510, Westminister, Cunningham road, Bangalore- 560 052 2. Golden resins Pvt.ltd., 16th Main, Koramangala Extn. Bangalore- 560 034 3. Ecmas Resin Pvt. Ltd., 3-6-260/101 Madhuri Mansion Himayatnagar, hyderabad -500 029 4. Mechemco Industries 27, Kewal Industrial estate Senapathy Bapat Marg, lower parel Mumbai 400 013 B. POWDER BONDED/ CHOPPED STRAND MAT/ SURFACE MAT 1. Binani Industries Ltd., Mercantile Chambers, 12 J.N, Heredia Marg, B.E. Mumbai 2. Saint Gobain Vetrotexs India Ltd., Thimmapur, Hyderabad-Bangalore Highway Andhra Pradesh 3. Owens Corning Application Development Centre 10/1-B, Graphite India road, Hoodi village, K.R. Puram Hubli, Bangalore- 560 048
27
4. GENERAL CONDITIONS OF CONTRACT FOR SUPPLY, ERECTION & COMMISSIONING OF EQUIPMENT

Table of Clauses Clause No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Topic Definition of Terms Contract Application Standards Scope of order & Specifications Inspection of Site Contractors Drawings Mistakes in Drawings Correspondance Insurance Claims Despatches Prices Taxes, Duties & Levies Variation in quantities Erection Retention money Terms of Payment Basis of Payment Page No. 30 31 31 31 32 32 32 33 33 33 33 33 34 34 35 35 35 35 37 28
20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37.
Complete erection, start up & commissioning Performance Tests and Provisional Acceptance Alteration of specifications, patterns and drawings Indemnity Additional Conditions for Complete Erection of Equipment Liquidated Damages for Late Delivery, Erection & commissioning Deduction from Contract price. Time of Completion and Force Majeure Extension of Time Death, Bankruptcy, etc. Failure and Termination Arbitration Jurisdiction Laws Governing the Contract Exercising Rights and Powers of Purchaser Secrecy Ownership of Drawings and Specifications General
37 37 38 39 39 42 42 42 43 43 43 44 44 44 44 45 45 45
29
4. GENERAL CONDITIONS OF CONTRACT FOR SUPPLY, ERECTION & COMMISSIONING OF EQUIPMENT 1.0 Definition of Terms
In construing these General Conditions, Special Conditions and other commercial terms, Technical specifications & Annexures, the following words shall have the meanings herein assigned to them unless there is something in the subject or context inconsistent with such construction. a. Purchaser/Company The Purchaser/Company shall mean Indian Rare Earths Limited, Rare Earths Division, Udyogamandal-683 501, Kerala or its authorised representatives. b. Contractor/Supplier The Contractor/Supplier shall mean the person or company whose tender is accepted by the Purchaser and shall be deemed to include the Contractors successors, heirs, executors, administrators, representatives and assigns approved by the Purchaser. c. Sub Contractor The Sub-contractor shall mean the person or company named in the contract for any part of the work or any person to whom any part of the contract has been sub-let by the Contractor with the consent in writing of the Purchaser and shall include his heirs, executors, administrators, representatives and assignees approved by the Purchaser. d. Plant, etc. Plant, Equipment, Stores, Work or Works shall mean and include plant and materials to be provided and work to be done by the Contractor under the contract. e. Contract Price The Contract Price means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. f. Services Services means services ancillary to the supply of the Machinery, such as transportation, insurance and other incidental services, such as installation, commissioning, provision of technical assistance, training and other such obligations of the Supplier covered under the Contract. g. Specifications The Specifications shall mean the specification annexed to or issued with these General Conditions and the Schedules and Sketches/Drawings attached thereto, if any. h. Site The site shall mean the actual place or places to which the plant is to be delivered or where work is to be done by the Contractor, together with the area surrounding the said place or places as the Contractor shall with consent of the Purchaser actually use in connection with the works, and shall include where applicable the lands and buildings upon or in which the works are to be executed. 30
i. Tests on Completion Tests on Completion shall mean such tests which are to be made by the Contractor before the works are taken over by the Purchaser as are provided in the Contract and such other tests as may be agreed upon between the Purchaser and the Contractor. j. Commercial Use Commercial use shall mean that use of the work or works, which the Contractor contemplates or of which it is to be commercially capable. k. Dimensions Dimensions shall mean the extent of a line, area, and volume. All dimensions shall be given in the metric system i.e. for length measurement in kilometres, metres, or millimetres, for surface measurement in square metres, for volume measurement in cubic metres, etc. l. Weight Weight of a body shall mean the measure of the force of gravity on the body. It shall be given in metric units i.e. in tons (1 ton = 1000kg.), kilograms and grams. m. Time Time shall be reckoned in months, days and hours, and the month shall mean calendar month. n. Letter of Intent Letter of Intent shall mean the Purchasers letter to the Contractor conveying his acceptance of the tender subject to such reservations as may have been stated therein. o. Writing Writing shall include any manuscript, typewritten or printed statement, under or over signature or seal, as the case may be. Terms and expressions not herein defined shall have the same meanings as are assigned to them in the Indian Sale of goods Act (No.III of 1930) failing that in the Indian Contract Act (Act IX of 1872) and failing that the General Clauses Act 1987.
2.0 Contract
The Contractor with the Purchaser shall enter into a formal agreement for the proper fulfillment of the Contract.
3.0 Application
These General Conditions shall apply to the extent that provisions in other parts of the Contract do not supersede them.
4.0
Standards
The Machinery and Services supplied under this Contract shall conform to the standards mentioned in the Technical Specifications and, when no applicable standard is mentioned, the latest current edition or revision of the relevant Indian Standards and Codes. 31
5.0
Scope of Order and Specifications Material shall be supplied strictly according to the specifications enclosed and in accordance with all conditions both general and specific enclosed with Order, unless any or all of them have been modified or cancelled in writing either as a whole or in part by IREL.
6.0
Inspection of Site
The Contractor or his representative shall be deemed to have inspected and examined the site and surroundings before submitting his tender and shall obtain the necessary information as to risks, contingencies and other circumstances which may influence or affect his tender.
7.0
Contractors Drawings
The Contractor shall also forward , within twenty days after placing the Work order, copies of fabrication drawings and General arrangement drawings showing relative levels for different units along with the details like the load data required to install the assembly, weight of each equipment and other dimensions pertinent to the installation of the unit. The Contractor shall send three (3) sets of all drawings including specifications for Purchasers approval. Drawings which are satisfactory for approval on the first submission will be so noted and signed and one copy of the signed prints returned. Drawings not satisfactory for approval on the first submission will have changes, notes, etc. noted on the prints, one of which will be returned to the Contractor for resubmission. A Print with such addition shall not be interpreted by the Contractor to be Approved as noted unless specifically so noted above on approving signature. Any shop work done prior to the approval of drawings will be at the Contractors risk. The Contractor shall make changes in the design, which are considered necessary to make the equipment conform to the provisions and intent of the specification, without any additional cost to the Purchaser. All drawings, part lists, assembly, procedures, etc. shall bear a readily identified number e.g. drawing number and each subsequent revision or addition to the drawing or procedure, etc. shall be identified by a revision number or issue number. The checking and approval of the above document by the Purchaser is for the benefit of the Purchaser, and shall not relieve the Contractor from full responsibility for ensuring correct interpretation of design drawings and specifications or for completeness and accuracy of the shop drawings and relevant specifications. The Contractor shall record all deviations, concessions, omissions, changes, etc. occurring throughout the manufacturing assembly and testing phases and submit a complete set of as built drawings in reproducible form on CD, within thirty (30) days of the date of the equipment is considered to be placed in satisfactory operating conditions. The title of all drawings shall be as under: Indian Rare Earths Ltd., HPRE PROJECT and the title block shall include the name of the equipment, capacity & Drawing no.
32
8.0
Mistakes in Drawing
The Contractor shall be responsible for any discrepancies, errors or omissions in the drawings and other particulars supplied by him, whether such particulars and drawings have been approved by the Purchaser or not. The Contractor shall pay for any extra cost due to any alteration of the works necessitated by reason of any discrepancy, error or omission in the drawings and particulars supplied by the Contractor. If the Contractor fails to make such alterations, the Purchaser may do so at the risk and cost of the Contractor.
9.0
Correspondance
All correspondence shall be in English and addressed to IREL drawn to the attention of the officer issuing the Order, unless otherwise specifically authorised.
10.0 Insurance
Transit-cum-erection insurance shall be arranged by the Contractor, valid for a period of six months beyond the supply, erection and commissioning period as per this tender. The policy shall be assigned in favour of Indian Rare Earths Ltd and the original policy shall be lodged with the Purchaser before any payment is due to the Contractor. The Contractor shall arrange to make the premium payments without any default whatsoever and submit proof of such payments to the Purchaser. 11.0 11.1
Claims
In case of loss or damage arising out of or during execution of the Contract, claims thereof shall be settled by the Contractor directly with the Insurer upon authorisation by the Purchaser. If any contract work including materials and services, perishes or becomes unserviceable, lost, missing, stolen or damaged for any cause whatsoever during transit, storage and/or in course of erection, the Contractor shall, on demand by the Purchaser, replace the same or undertake the necessary repairs. The cost of replacement or charges for repairs, as the case may be, shall be borne by the Contractor. The Contractor will submit claims for the cost/charges with the Insurance agent in terms of clause 11.1.
11.2
11.3
12.0 Despatches
12.1 12.2 The Bidder shall quote his best and earliest delivery, F.O.R. site The Contractor shall advise the Purchaser the value of each consignment as soon as the goods are ready for despatch. The Contractor shall despatch the goods to site (IREL, UDYOGAMANDAL, ERNAKULAM DISTRICT, KERALA) and shall forward the receipts to the Purchaser. The Bidder will be responsible for coordinated delivery of the complete equipment/system and materials and he shall ensure deliveries in the sequence in which they will be required for erection at site (IREL, UDYOGAMANDAL, ERNAKULAM DISTRICT, KERALA).
12.3
33
12.4
All equipment under the Contract shall be despatched by approved road transport contractors after obtaining necessary clearance from the Purchaser. All material shall be consigned in the name of Senior Manager(P&S), IREL, UDYOGAMANDAL. In case the Bidder is responsible for erection, then the installation of all the equipment including site assembly, fixing of nozzles etc. within the scope of work and commissioning shall be commenced immediately after handing over of site and complete erection shall be completed within the stipulated period from the date of commencement of erection work.
12.5
13.0
13.1
Prices
Unless otherwise agreed to specifically in Order, the price payable by IREL to Supplier under the Order shall remain firm throughout the period of order and shall not be subject to any escalation. The Bidder shall include in his tender all items of equipment/system etc. as stated in the Technical specifications of the tender. The prices shall be itemised in accordance with the Price Schedule attached in Price bid (Part-B) and the Bidder quoted for all items as per Schedule I & II in the Price bid will only be considered for placing the order. Prices of Spare parts required for two years of normal operation should be quoted separately (Schedule III of Price bid)giving the itemised prices. The prices of Spares will not be included in the Prices quoted by the Bidder for evaluation purpose in Schedule I & II of the Price bid. For all equipment/system and spares, prices shall be quoted in Rupees for delivery on F.O.R basis. All rates and prices in the tender shall be inclusive of Sales tax, Service tax, Work Contract tax and any other applicable taxes, duties and all other statutory levies applicable at Kerala. The work will be covered under the provisions of Works Contract tax as per the Value Added Tax Act prevailing at Kerala and the Works Contract tax at applicable rates will be deducted at source from all payments to the Contractor. The Contractor is responsible and liable for remitting all statutory dues (Service tax, VAT etc. as applicable) collected / included in the Price schedule of the contract to the statutory authorities without fail. IREL is not responsible for remittance of such tax collections. The Purchaser has the right to place the order for the Spares separately or along with the work order for the equipment specified in this Tender document. Taxes, duties & levies Tenderers must clearly mention their Sales Tax & Service Tax Registrations, E.C.C & TIN in their offers and invoices. Sales Tax / VAT, Excise Duty, Entry Tax, Service Tax (ST), etc. shall be clearly mentioned in the offer indicating the applicable rates. In case order is placed on the tenderer, fresh imposition or variation in statutory taxes / duties / levies, if imposed beyond the contractual delivery period, shall be admissible / availed of, provided it is Cenvatable/ setoff is admissible against these levies. In order to enable IREL to avail tax benefits like CENVAT credit, Service Tax credit etc, the supplier shall ensure submission of Cenvat Invoice/Tax invoice as per the prescribed34
13.2 13.3
13.4
13.5 13.6
13.7
13.8
14.0 14.1 14.2
14.3
formats by the statutory authorities. In case the Supplier fails to submit the requisite documents, the reimbursable amount on account of duties/ taxes, levies as indicated in his quotation/invoice / Work order/Contract shall be deducted from his bill. 15.0 Variation in Quantities The quantities of equipments indicated in the Schedule of Quantities (Annexure II) of the Technical specifications are tentative only and the Purchaser shall have the right to add or delete the quantity of items in the Work order and in such cases, no objection shall be raised by the Contractor. 16.0 16.1 Erection The Contractor shall provide competent Supervisors/Engineers who shall be constantly at site and shall give his whole time to supervise the erection work at site. You are requested to collect passes for your workmen and supervisors by writing to us immediately the total strength of labourers likely to be brought in for erection work. You shall carry out the work under close supervision without any damage to the Companys existing setup. You should provide necessary Personnel Protective Equipment for workmen and display necessary signboards at site without fail. You shall carry out the work as per the details given in the Technical Specifications. The work shall be carried out as directed by the Purchasers representative and the materials brought inside the Company shall be recorded in a register to be maintained by the Contractor for the purpose, duly signed by the Purchasers representative and Security Department. Copies of the relevant pages shall be submitted along with bills of payment. Retention money At the time of settlement of final bill, IREL shall retain 10 % of the actual contract value (Final bill amount) as Retention money. On specific written request from the Supplier, the Security deposit paid shall be adjusted against the 10% retention money and balance amount will be deducted from the final bill. 17.1 The Retention money will be refunded only on expiry of Guarantee Period specified in the Work order.
16.2
16.3
17.0
17.2 However, the retention money can be released on receipt of specified written request of the supplier along with the irrevocable bank guarantee from a nationalised /scheduled bank for an equivalent amount, valid till the completion of guarantee period. the supplier shall submit the same before settlement of the final bill. 18.0 Terms of Payment
The terms of payment for the supply and erection of equipments shall be as follows:18.1 10% of the Contract value (Total of Schedule I & II in the Price bid) will be paid, after verification of the Design and Detailed Drawing of the system, against submission of Bank Guarantee for an equal amount valid till the completion of Contract, from a Nationalised/Scheduled Bank, on written request from the Supplier. 35
18.2 60% of the Supply Price (Schedule I of Price bid) will be paid on pro-rata basis, depending on the receipt and acceptance of the equipments at site on producing the following:18.2.1 Invoice (Cenvatable) in Original & Duplicate for Transporter 18.2.2 Proof of receipt by the consignee in the form of receipted LR or receipted delivery Challan or any other document in original as applicable. 18.3 20% of the Supply Price (Schedule I of Price bid) & 80% of the Erection Price (Schedule II of Price bid) shall be paid on pro-rata basis, depending on the completion of erection, commissioning and performance guarantee testing of the equipments at site and on submission of bill and acceptance certificate issued by IREL. 18.4 10% (Retention Money) of the Contract value ( Schedule I & II of Price bid) will be released after satisfactory performance of the system for a period of 12 months (Guarantee period) from the date of final acceptance of all the equipments by IREL. Alternatively this amount can be released on submission of Bank Guarantee for an equal amount towards performance valid till the completion of the guarantee period from a Nationalised/Scheduled bank. 18.5 The Suppliers request(s) for payment shall be made to the Purchaser in writing, accompanied by invoice in triplicate, describing, as appropriate, the equipments delivered and Services performed, inspection report submitted and fulfillment of other obligations stipulated in the Contract. 18.6 If the Contractor is not a manufacturer of the equipment, the Contractor has to submit the copies of bills of materials/equipment purchased along with warrantee certificate if any while submitting the final claim. 18.7 Final measurement shall be taken within one month after satisfactory completion of the entire work and the final bill shall be submitted within 60 days of final measurement. 18.8 You are requested to (1) obtain separate PF & ESI codes from the authorities on behalf of your workers and to submit the copy of returns filed by you for our reference and (2) furnish a) proper insurance number of insured person, b) name of dispensary to which the insured person belongs and c) first date of appointment during the contribution period of 6 months. ESIC/PF/WCT etc. will be deducted from Running Account/Final bill as per statutory requirement unless exemption certificate is submitted. Special Work Permit from the Labour Dept. shall be arranged by you in case the total work force is more than 19 Nos. 18.9 18.10 Payment will be based on the actual measurements of each item taken at site except for payment against submission of fabrication drawings mentioned above. As per provision of the Income Tax Act 1961, the Company will be deducting the Income tax (TDS) at the rate specified by the government from payments that will be made to the Contractor.
18.11 Payment will be made after necessary statutory deductions, by crossed and account payee cheques only, drawn on State Bank of Travancore., Udyogamandal, Ernakulam.
36
19.0
Basis of Payment Payment will be made based on the actual executed quantity of work done in terms of supply, erection, commissioning & performance guarantee testing of equipments.
20.0 Complete Erection, Start-Up and Commissioning

20.1 The Contractor has to undertake erection of all materials and equipment supplied by him as per the approved drawings, specifications or bills of materials. This shall include the complete erection of equipment, nozzles, structure etc. supplied under the Contract including aligning, leveling of equipments, starting up and operating the Equipments to meet specified performance guarantee and handing over the equipments to the Purchaser on issue of the acceptance Certificate. The Contractor shall make arrangement to draw electricity and water to the erection site from selected locations at site where electricity and power shall be provided by the Purchaser at such terms and conditions as stipulated in the Contract. The Contractor shall provide all consumable materials, ladders, platforms, temporary supports and other necessary facilities required for the handling and erection of the equipment supplied under the Contract. Unless otherwise provided in the Contract, the Contractor shall arrange all construction / erection equipment, welding equipment, erection and lifting tools and tackles, instruments and appliances required for the erection work, as well as equipment, tools and tackles for the transportation to site of erection of all equipment supplied under the Contract. The Contractor shall provide necessary supervisory personnel, staff, skilled and unskilled labour, including electrical personnel with approved license as per Indian Electricity Rules 1956 as amended from time to time, to ensure that the whole of the erection work is completed in all respect within the period specified in the Contract. The Contractor shall ensure, when local laws require, the concerned employees obtain and hold certificates of competency for their work from the competent authority. On completion of the erection work, the Contractor shall promptly notify the Purchaser of the proposed date of the commencement of the start-up operations. The duration of the start-up period shall be established in a schedule, which shall be part of the Contract. The Purchaser will provide facilities such as fuel, power, water and utilities to the Contractor as required for operating the equipment during such period and during this period the equipment shall be operated under the supervision of the Contractor. Should the start-up period extend beyond the scheduled period due to difficulties encountered with the equipment supplied under the Contract or due to inadequacy of the Contractors staff or due to any incorrectness in erection work or due to any other reason for which the Contractor is responsible, the Purchaser will have the right to realise such amount from the Contractor as may be deemed reasonable by the Purchaser for the facilities provided by the Purchaser as mentioned in clause 20.5 above for the extended period. 37
20.2
20.3
20.4
20.5
20.6
20.7
21.0 Performance Tests and Provisional Acceptance
21.1
The Contractor shall be responsible for carrying out performance tests on all equipment supplied by him and/or procured by the Purchaser as indicated in the Technical specifications covered in this Tender document, in the presence of the Purchasers representative. This responsibility shall rest with the Contractor regardless of whether the erection has been carried out by him or any other agency. On the completion of a satisfactory start-up operation, the Contractor shall notify the Purchaser in writing of the proposed date of the commencement of the performance tests. Every item of plant and equipment, as well as the plant as a whole, shall undergo a performance test unless otherwise decided by the Purchaser. The duration of the performance test shall be four hours continuous operation unless otherwise directed by the Purchaser. During the performance test, the plant will be operated with the assistance of the Contractor. The Purchaser will provide labour, fuel, power, utilities and other relevant supplies. Should the continuous operation of the plant during the performance test be interrupted due to either difficulties with the plant and equipment supplied by the Contractor or the inadequacy of his staff or defects in case the erection has been carried out by the Contractor, then the performance test shall be restarted and run again for a continuous period of four (4) hours as specified in 21.2 above The Purchaser will have the right to charge such amount as may be deemed reasonable by him for materials and services provided by the Purchaser in case performance tests continue for an unreasonably long period due to interruptions as defined in 21.4 above. On the satisfactory completion of the performance test the equipment will be deemed to have been placed in commercial operation and the Purchaser will normally issue an Acceptance certificate, provided that the Contractor undertakes to rectify all defects which do not influence commercial operation but which are nevertheless present in the plant and which are indicated in writing by the Purchaser. Normally, the equipment will have to satisfactorily complete the performance test before the issue of the Acceptance certificate. In special circumstances and at the Purchasers sole discretion, the Acceptance Certificate may be issued for a part of the Plant. The date of the Acceptance certificate shall be considered to be the date of the commencement of the commercial operation of the Plant. The cost of making any test shall be borne by the Contractor if such test is clearly intended by or provided for in the Specification or Schedule of Quantities.
21.2
21.3 21.4
21.5
21.6
21.8
21.9
22.0 Alteration of specifications, patterns and drawings

22.1 During the progress of the work, the Purchaser may require deviations from, additions to or omission in the drawings, specifications and the scope of work originally agreed upon between the Contractor and the Purchaser. Such changes shall not invalidate the Contract. The Contractor shall make such changes of whatever character they may be, as part of the Contract. As from that date the Stores shall be in accordance with the specifications, patterns and drawings so altered which the contractor is bound to comply with. 38
22.2
No change in the scope of the work shall be made without a written instruction issued therefore by the Purchaser. Revised drawings, bills of materials or specifications, shall also be considered as written instructions. In the event of such alteration involving a revision in the cost, or in the delivery period the same shall be discussed and mutually agreed to taking into account the unit rates of similar items in the contract. In case of disagreement, the decision of the Purchaser, in the cost or delivery period, shall be final and conclusive.
22.3
23.0 Indemnity
23.1 The Contractor assumes responsibility for, and shall indemnify and save harmless the Purchaser, or their Officers or employees from all liability, claims, costs, expenses, taxes and assessments, including penalties, punitive damages, attorneys fees and court costs which are, or may be, required with respect to any breach of the Contractors obligations under this contract, or for which the Contractor has assumed responsibility under this Contract, including those imposed under any contract, local or national law or laws, or in respect to all salaries, wages, or other compensation of all persons employed by the Contractor or his subcontractors or suppliers in connection with the performance of any work covered by the Contract. The Contractor shall execute and deliver and shall cause his sub-contractors and suppliers to execute and deliver, such other further instruments and to comply with such requirements of such laws, and regulations as may be necessary there-under to confirm and effectuate this Contract and to protect the Purchaser, or their officers or employees.
24.0 Additional Conditions for Complete Erection of Equipment

24.1 When the Contract requires the Contractor to undertake complete erection of equipment, start-up and commissioning, the following conditions will apply, in conjunction with other clauses of the conditions of contract as stated herein before, so far as they are applicable. The Contractor shall be solely responsible for the satisfactory erection, start-up and commissioning of the equipment supplied under the Contract, including demonstration of performance guarantees, notwithstanding that the Contractor may have been assisted by the Purchaser or his authorised representative in doing so. Sub-Contractor
24.2
24.3
24.3.1 The Contractor shall not sub-let any part of the erection work without the written consent of the Purchaser. 24.3.2 The Contractor shall be responsible to the Purchaser for the work of Sub-contractors. 24.3.3 Any Sub-contractor shall be bound to the Contractor by terms of drawings and specifications and shall assume towards the Contractor all the obligations and responsibilities that the Contractor assumes towards the Purchaser. 24.4 Co-ordination of work The Contractor shall plan his operation so as to avoid interference with the operations of the Purchaser/ the consultant, the general Contractors or of other Contractors and/or subcontractors at the site. The Contractor shall organise his work to suit the time shown on the construction schedule or revisions there to agreed by the Purchaser. 24.5 Layout Measurements 39
The Purchaser will provide building layouts for erection of the equipments. But such layout shall not relieve the Contractor of his responsibility for the proper performance of the works. The Contractor shall check all provision and detailed layout for erction and alignment of equipment and machinery. 24.6 Clean-up and Observance of Safety Precautions
24.6.1 The Contractor shall at all times keep the site free from the accumulation of waste materials and debris and upon completion of the works shall clean away and dispose of all surplus materials supplied, rubbish and temporary works of whatsoever nature and kind as directed by the Purchaser and shall leave the works and site clean and tidy. 24.6.2 The Contractor shall be responsible for taking of all safety precautions during the construction and on completion of the works, and for leaving the site safe at all times and at the end of each working day and at all times when the work is temporarily suspended he shall protect all construction materials, equipment and facilities from causing damage to existing property or interfering with the operation of the facility when it goes into service. 24.6.3 The Contractor shall comply with all applicable provisions of the safety regulations, clean up programme and other precautionary measures, which the Purchaser has in effect at the site. 24.6.4 During erection of the various units, safety precautions such as providing ladders for safe approach of the inside of the tanks, etc. shall be provided by the Contractor. 24.6.5 The Contractor shall comply with any instruction given by the Safety Supervisor of IREL regarding safety, precautions, protective measures, cleanliness etc. 24.7 Supervision by Purchaser Erection work shall be carried out by the Contractor under the general supervision and to the satisfaction of the Purchaser. The Contractor shall receive instructions and directions from the Purchaser in connection with the work and shall strictly abide by the same. If the Contractor performs any work in a manner contrary to the Contract without the written approval of the Purchaser, the Contractor shall bear all the costs arising there from and shall be responsible for all the losses to the Purchaser. 24.8 Contractors Agent and Personnel In order to carry out his responsibilities under this section, the Contractor shall employ one competent agent, whose name shall be previously communicated in writing by the Contractor to the Purchaser to supervise the erection work. The said agent shall be constantly present at site during working hours and any instructions given to the said agent by the Purchaser shall be deemed to have been given to the Contractor. The Contractor shall ensure that his agent and every other personnel employed by him at site shall co-operate with any and all other agencies engaged in the site. Failure to extend such co-operation or misconduct or incompetence or negligence by any individual including the agent, shall be sufficient cause for removal from the site of such individual by the Contractor and the Contractor shall remove such individual forthwith from the site, if required, by the Purchaser. In such cases, the Contractor shall provide immediately competent personnel to replace such individual. 40
24.9 Working Hours A normal working day shall mean eight hours of work, from 08.00 hrs To 16.00 hrs. There shall be six working days in a week. The Contractor without the written permission of the Purchaser shall carry out no work during weekly holidays and other recognised holidays and during night. 24.10 Supply of Erection Equipment, Materials and Labour Unless otherwise provided in the Contract, the Contractor at his own expense shall supply all erection and transportation equipment, tools, materials and labour and all other things of every kind necessary for the due fulfillment of the contract. 24.11 Delay in obtaining Materials from Purchaser If the Purchaser has undertaken to supply any material specified in the Contract at rates and conditions stated therein, the Contractor shall keep himself in touch with the day-to-day position regarding the supply of materials by the Purchaser and shall so adjust the progress of the work that his labour may not remain idle nor may there be any other claim due to, or arising from, delay in obtaining the materials. No claim whatsoever shall be admissible by the Purchaser on account of delay in supplying materials, if any. 24.12 Purchasers Erection and Transportation Equipment The Purchaser may at his discretion give on hire to the Contractor erection and/or transportation equipment, if available, for the use of the Contractor during the execution of the work on such terms as may be specified in the Contract or in a separate agreement for Hire of Plant. The Contractor shall take all reasonable care of all such equipment belonging to the Purchaser but committed to his charge and shall be responsible for all damage or loss caused to such equipment while they are in his charge. On completion of the Contract or at its termination for any reason whatsoever or at any earlier occasion as required by the Purchaser, the Contractor shall return all such equipment to the Purchaser in good order and repair, wear and tear excepted, and shall be entirely responsible for any failure to account for the same or any damage done thereto. 24.13 Return Surplus Materials Notwithstanding anything contained to the contrary anywhere in this Contract, wherever any materials for the execution of the work are procured with the assistance of the Purchaser, either by issue from the Purchasers stocks or purchase made under orders or permits or licenses issued by the Purchaser, the Contractor shall use the said materials economically and solely for the purpose of the work and shall not dispose of them without the written permission of the Purchaser and shall return to the Purchaser all such surplus serviceable materials that may be left with the Contractor after the completion of the Contract, or at its termination for any reason whatsoever, on being paid for a credited such price as the Purchaser shall determine, having due regard to the initial cost and the condition of the materials at the time of such return thereof. The price to be allowed to the Contractor however shall not exceed the amount charged to him, excluding the storage charge if any. The decision of the Purchaser in this regard shall be final and conclusive. In the event of a breach of the aforesaid condition, the Contractor shall (in addition to making himself liable for action for contravention of the terms of the license or permit and/or for criminal breach 41
of trust) be liable to the Purchaser for payment of double the cost of the material not returned as determined by the Purchaser plus all moneys, advantages of profits resulting or which in the usual course would have resulted, to him by reason of such breach.
25.0 Liquidated Damages

25.1 If the Contractor fails to fulfill his contractual obligations within the time fixed, he shall be liable at the discretion of the Purchaser to an unconditional and agreed liquidated damages of % (one half of one per cent) of price per week reckoned with on the contract value of each complete unit of the plant delayed. The Contractor's liability for delay shall not in any case exceed 5% (five per cent) of the contract value of such plant. This is a genuine pre-estimate of the loss/ damage which will be suffered on account of delay on the part of the Contractor and the said amount will be payable on demand without there being any proof of the actual loss or damages caused by the delay. The liquidated damages shall not however apply if the delays in delivery are due to a force majeure. Possession of Site Save in so far as the Contract may prescribe, the extent of portions of the site of which the Contractor is to be given possession from time to time and the order in which such portion shall be made available to him, and subject to any requirement in the Contract as to the order in which the erection work shall be executed, the Purchaser will give to the Contractor possession of as much of the site as may be required to enable the Contractor to commence and proceed with the erection work. If the Contractor suffers delay from failure on the part of the Purchaser to give possession of site, the Purchaser shall grant an extension of time for the completion of the work. No compensation will be payable by the Purchaser for any such failure and delay.
25.2
26.0 Deductions from Contract Price

All costs, damages or expenses which the Purchaser may have paid for which under the contract the Contractor is liable, may be deducted by the Purchaser from any money due or becoming due to the Contractor from the Purchaser under this contract or may be recovered by action of law or otherwise from the Contractor.
27.0 Time of Completion and Force Majeure

The time stipulated for despatch, delivery, erection, commissioning and performance guarantee testing as indicated in the clause no. 3 of N.I.T., dates from the day the Contractor receives the Purchasers letter of Intent /Work order or from any other date specifically stipulated in the Contract agreement. Should progress or delivery be delayed by strikes, lockouts, fire, accidents, acts of god, or any cause whatsoever beyond the reasonable control of the Contractor, a reasonable extension of time shall be granted. Should one or both parties be prevented from fulfilling their contractual obligations by a state of force majeure lasting continuously for a period of at least six months, the two parties shall consult each other regarding the further implementation of the contract with the provision that if no mutually satisfactory arrangement is arrived at within a period of three months from the expiry of the six months referred to above, the contract shall be deemed to have expired at the end of the said three months referred to above. The above-mentioned expiry of the contract will imply 42
that both the parties have the obligation to reach Agreement regarding the winding up and financial settlement of the contract.
28.0
Extension of time As soon as it is apparent that the contract delivery, completion of erection & commissioning dates cannot be adhered to, an application for extension of time with reasons shall be made by the Contractor to the Purchaser. If failure, on the part of the Contractor to deliver the stores, complete the erection & commissioning in scheduled time shall have arisen from any causes which the Purchaser may find as reasonable ground for an extension of the delivery, completion of erection time (and his decision shall be final), he may allow such additional time as he may consider justified in the circumstances of the case. However, this extension shall be without prejudice to the Purchasers right to recover Liquidated damages. The Contractor shall not become entitled to receive additional payments towards escalation or increased statutory levies (if any) beyond the contractual delivery date, for such period of extension to effect delivery or completion of erection & commissioning.
28.1
However, if the Contractor fails to apply and secure extension of contract delivery dates (before effecting the delivery of the stores against the contract) acceptance of such stores by the Purchaser shall in no way prejudice the right of the Purchaser to levy the liquidated damages for delayed delivery nor will it entitle the contractor for payment on account of escalation or extra payment on account of increase of Statutory Levis that may be payable at higher rate after the expiry of the contract delivery dates.
29.0
Death, Bankruptcy, etc.

If the Contractor dies or dissolve or go into bankruptcy, or being a corporation cause to be wound up except for reconstruction purposes or carry on its business under a receiver, the executors, successors or other representatives in law of the estate of the Contractor or any such receiver, liquidator, or any person in whom the contract may become vested, shall forthwith give notice thereof in writing to the Purchaser and shall remain liable for the successful performance of the contract, and nothing aforesaid shall be deemed to relieve the Contractor or his successors of his or their obligations under the contract under any circumstances. The Purchaser may terminate the Contract by notice in writing to the Contractor.
30.0 Failure and Termination

If the Contractor fails to deliver the stores or any installment thereof within the period fixed for such delivery or at any time repudiates the contract before the expiry of such period, the Purchaser may without prejudice to the right of the Purchaser to recover damages for breach of the Contract. i. Purchase or authorise the purchase elsewhere without notice to the Contractor, on the account and at the risk of the Contractor of the stores not so delivered or others of a similar description (where stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, readily procurable) without canceling the contract in respect of the installments not yet due for delivery, or 43
ii.
Cancel the contract or a portion thereof and if so desired purchase or authorise the purchase of the stores not so delivered or other store of similar description (where stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, readily procurable) at the risk and cost of the Contractor, if the Contractor had defaulted in the performance of the original contract, the Purchaser shall have the right to ignore his tender for risk purchase even though the lowest. Where action is taken under sub-clause (i) or sub-clause (ii) above, the Contractor shall be liable for any loss which the Purchaser may sustain on that account provided the purchase or, if there is an agreement to purchase, such agreement is made, in case of failure to deliver the stores within the period fixed for such delivery within six months from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of delivery, within six months from the date of cancellation of the contract. The Contractor shall not be entitled to any gain on such purchase and the manner and method of such purchase shall be in the entire discretion of the Purchaser. It shall not be necessary for the Purchaser to serve a notice of such purchase on the Contractor.
31.0 Arbitration
All disputes or difference whatsoever arising between the parties out of or relating to the supply and erection of equipments shall be settled through discussions between the Chairman & Managing Director of IREL and the Authorised signatory of the Supplier. In case an amicable settlement is not arrived at, the matter will be settled through Arbitration. 31.1 The provisions of The Arbitration & Conciliation Act, 1996, and Rules made there under and/or any statuary modifications or re-enactment thereof for the time being in force shall apply to such arbitration proceedings. The language of the arbitration proceedings shall be English and the place of arbitration proceedings shall be at Ernakulam, in the state of Kerala, India. 31.2 The Contractor shall not in any way delay or default or cause to delay or default the carrying out of the work by reason of the fact that any matter has been agreed to be referred to and/or referred to Arbitration.
32.0 Jurisdiction
Any legal matter/dispute arising out of this contract shall be settled under the jurisdiction of High Court of Kerala only.
33.0 Laws Governing the Contract

The Contract entered into between the Company and the Supplier shall be governed by and interpreted in accordance with the Laws of India for the time being in force. The marking of all stores supplied must comply with the requirements of Indian Acts relating to Merchandise marks and all the rules under such acts.
34.0 Exercising the Rights and Powers of the Purchaser

All the rights and discretions and powers of the Purchaser under the contract shall be exercisable by and all notices on behalf of the Purchaser shall be given by the UNIT HEAD/CHIEF GENERAL MANAGER, RE Division, IREL, Udyogamandal.
Notices
44
Any notice under the contract may be served by post, fax or telex on the Contractor or his duly authorized representative at the site, or may be served by registered mail directly to the address furnished by the Contractor or at his principal place of business or registered office. Proof of issue of any such notice will be conclusive evidence for the Contractor having been duly informed of all contents therein.
35.0 Secrecy
The Contractor shall not at any time during the pendency of the contract or there after disclose any information furnished to them by the Purchaser or any drawings, designs, reports and other documents and information prepared by the Contractor for this contract, without the prior written approval of the Purchaser except in so far as such disclosure is necessary for the performance of the Contractors work and service hereunder. 36.0 Ownership of Drawings and Specifications All drawings, specifications, materials and designs furnished by the Purchaser, or his representatives shall be treated strictly as confidential property of the Purchaser. All such drawings, specifications, manuals and other materials shall be returned to the Purchaser upon the completion of the work under this contract. The Contractor without the consent of the Purchaser shall retain no copies, duplications or Photostats.
37.0 General
37.1 Services provided by the Purchaser during Erection
37.1.1 The Purchaser will provide for the Contractor the following services during the performance of the works: 37.1.2 Temporary electric power at 415 Volts, 3 Phase, 50 Hz and 230 Volts, three phase, 50 Hz, subject to the following conditions:37.1.3 The Electric Power will not be used for heating purposes. 37.1.4 The Purchaser will supply this power to the Contractor at a point, which will be within 130 meters of the locations of the works. 37.1.5 The Contractors temporary distribution system shall be subjected in every respect to the approval of the Purchaser and shall be so arranged as to avoid any interference with the operations of the other contractor at the site. 37.1.6 It shall be the responsibility of the Contractor to provide and maintain the complete installation on the load side of the supply with due regard to the safety requirements at site. All cabling and installation shall comply in all respects with the appropriate statutory requirements given in the following: i. Indian Electricity Act 1910 ii. (as amended)
Electricity Supply Act, 1948 (as amended)
iii. Indian Electricity Rules, 1956 (as amended) 45

And shall be subject to approval of the Purchaser. Any expenses on the inspection required by an authorised inspector under the above regulations shall be borne by the Contractor. 37.1.7 The power supply will also be regulated as per terms and conditions of supply of the Kerala State Electricity Board. 37.1.8 The Purchaser will not be liable for any loss or damage to the Contractors equipment as a result of variations in the voltage or frequency or interruptions in power supply. In the event of any power failure/ interruption / stoppage of power supply for a continuous period not exceeding 24 hours, the Contractor shall have no claim whatsoever against the Purchaser. For any power failure/stoppage resulting in interruptions for continuous period exceeding 24 hours, the Contractor will be eligible only for reasonable extension of time and not for any compensation on this account. 37.1.9 The Purchaser will not be liable for any loss to the Contractor arising from interruption, failure or stoppage of works and any attendant delays consequent upon such interruptions, failure or stoppage of power supply or variations in voltage or frequency. 37.1.10 Electric Energy drawn by the Contractor for the works will be free of charge. 37.1.11 After completion of the works, the Contractor shall promptly dismantle the distribution and other facilities that he may have erected, at his own cost. 37.1.12 Supply of general service fresh water at adequate pressure will be available at a fixed point for distribution free of charge. 37.2 37.2.1 Accident or Injury to Workmen The Contractor shall be solely liable for any accident or injury that may happen to any of his personnel engaged in connection with the erection work according to the Contract. The Purchaser shall not be liable for, or in respect of, any damage or compensation payable at law in respect of, or in consequence of, any accident or injury to any personnel in the employment of the Contractor and the Contractor shall indemnify and keep indemnified the Purchaser against all such claims, damages, compensations and proceedings. The Contractor shall forthwith report to the Purchaser all cases of accidents to any of his personnel and shall make every arrangement to render all possible assistance and aid to the victims of the accident. Compliance with Statutory and Other Regulations
37.2.2
37.3
37.3.1 The Contractor shall, in all matters arising in the performance of the Contract, conform at his own expense with the provisions of all Central or State statutes, ordinances or laws and the rules, regulations, or bye-laws of any local or other duly constituted authority and shall keep the Purchaser indemnified against all penalties and liabilities of every kind for breach of any such statute, ordinance, law, rule regulations or bye-law. 37.3.2 The Contractor shall give all notices and pay all fees and taxes required to be given or paid under any Central or State statutes, ordinances or other laws or any regulations or bye-laws of any local or other duly constituted authority in relation to the erection work. 37.4 37.5 Traveling Expenses All traveling expenses for the Contractors personnel shall be borne by the Contractor. Labour Rules
46
In respect of all labour directly or indirectly employed on the works the Contractor shall comply with all Legislations and Rules of State and or Central Government or other local authority governing the protection of health, sanitary arrangements, wages, welfare and safety of labour employed in similar works including the Minimum Wages Act, 1948. The workmens Compensation Act, 1923. The Contract Labour (Regulation & Abolition Act, 1970), Employees State Insurance Act 1948, Employees Provident Fund ( and Miscellaneous Provisions) Act 1952, Interstate Migrant Workmen (Regulation of Employment & Conditions of Service) Act 1979 etc. and other statutory obligations with regard to fair wages, welfare amenities and safety measures, maintenance of registers etc., will be deemed to be part of the contract. 37.5.1 Contract Labour The Contractor will be abided by all Labour Laws, Enactments and Rules/Regulations made there under applicable to his establishment and the establishment of the principal employer (M/s. Indian Rare Earths Ltd.) as amended from time to time. Any violation of any Labour Laws, Enactments including rules made thereunder the contractor will be solely responsible and liable and the company will be empowered to deduct the amount as deemed proper from the running bills and/or any other amount due to the Contractor. 37.5.2 Reporting Accidents to Labour The contractor shall be responsible at his expense for the safety of all employees and/or workmen employed or engaged by him on and in connection with the work in accordance with the laws framed from time to time and shall report to the company all cases of serious accidents howsoever caused and wherever occurring on the works and shall make adequate arrangements for rendering all possible aid to the victims of the accidents. 37.5.3 Workmens Compensation The Contractor shall at all times indemnify the company against all claims for Workmens Compensation Act, 1923 or any other law for the time being in force in respect of any workmen employed by the contractor in carrying out the contract and against all costs and expenses, interest or penalties incurred by the company in connection therewith and (without prejudice to any other means of recovery) the company shall be entitled to deduct from any money due or to become due to the contractor all moneys paid or payable by company by way of compensation aforesaid or for costs or expenses in connection with any claim thereto and the contractor shall abide by the decision of the company as to the sum payable by the contractor under the provision of this clause. Company reserves the right to pay to the injured persons the compensation in the first instance which shall be deducted subsequently from the contractors Earnest Money/Security Deposit or from any bill. In the event of death of any of the contractors employees due to accident during the course of performing the duties allotted to him inside the factory premises, the Contractor shall make immediate ex-gratia payment of Rs.5000/- to the dependents of the deceased employee. The company reserves the right to make the above payment if the contractor fails to make the immediate payment which will be adjusted subsequently from Earnest Money/Security/Bill. 37.5.4 Age limit of labour:
47
The age limit for the employment of labour shall in strict accordance with the existing Labour Rules and Regulations. Any contravention of law on the part of the contractor shall be fully at his risk and costs. 37.5.5 Employees State Insurance / Workmens Compensation Insurance The Contractor should engage workmen/supervisors having ESI cover, to work inside our factory premises. In case the ESI Act is not applicable to the workmen/supervisors, the Contractor shall mandatory take an insurance cover under Workmens Compensation Insurance policy covering the maximum number of workmen/supervisors intended to be deployed in our factory premises for the work on any day during the period of work. The Contractor shall submit premium receipt / original policy, as the case may be, for our verification before starting of the work inside our factory premises. 37.5.6 The Contractor shall comply with the provisions of the Apprentice Act 1961 and the Rules and Orders issued thereunder from time to time. If he fails to do so, his failure will be breach of the contract and the Chief General Manager may, in his discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act. 37.5.7 This is subject to the provisions of the Contract labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules 1971. The Contractor engaging 20 or more workmen at a time in connection with this work should hold a valid license from the concerned authorities. Companys special permission will have to be obtained by the contractor to engage more than 15 workmen on any day. 37.5.8 Any liability arising under the payment of Bonus Act and the payment of Gratuity Act in respect of labour employed by the contractor will have to be borne by the contractor and the company will not be called upon to bear any expenses in this respect. 37.5.9 Accommodation for Contractors Staff No quarters shall normally be provided by the Purchaser for the accommodation of the Contractor or any of his staff employed in connection with the erection work. In exceptional cases, where accommodation is provided to the Contractor at the Purchasers direction, recoveries shall be made at such rates as may be fixed by the Purchaser towards the rent of the buildings and furniture and fittings, if any, therein, as well as charges for electric current, water supply and conservancy. 37.5.10 Preservation of Peace The Contractor shall take requisite precautions and use his best endeavor to prevent any riotous or unlawful behaviors by, or amongst, his workmen and/or others employed by him and for the preservation of peace and protection of the inhabitants and security of property in the neighborhood of the site. In the event of the Purchaser requiring the maintenance of a special police force at, or in, the vicinity of the site during the tenure of the Contract, in consequence of the riotous or unlawful behavior by, or amongst, the Contractors workmen and/or others employed by him, all expenses thereof and costs of all damages due to such 48
riotous or unlawful behavior shall be borne by the Contractor, and, if paid by the Purchaser, shall be recoverable, from the Contractor from any moneys due or that may become due to the Contractor by the Purchaser. 37.5.11 Medical Facilities at Site The Contractor shall provide medical facilities at the site as per rules in force in relation to the strength of the Contractors staff and workmen. 37.5.12 Use of Intoxicants The sale of ardent spirits or other intoxicating beverages upon the site or in any of the buildings, encampments or tenements owned, occupied by/or within the control of the Contractor or any of his employee or sub-contractors is forbidden, and the Contractor shall secure strict compliance with this condition. 37.5.13. Observance by Sub-contractor The Contractor shall be responsible for the observance of the provisions of Clauses 37.5.1 to 37.5.8 hereof by any Sub-contractor(s) employed by him in the execution of the Contract. 37.6. Security Regulations The Contractor shall abide by all the security regulations at site promulgated by the Purchaser from time to time. The Contractor shall provide identity badges for all his personnel, which must be properly displayed by them at site. In order to issue the exit gate permits by the Purchaser for materials and equipment after the completion of the work, the Contractor shall submit to the Purchaser lists of erection equipment, etc. and/or other materials that shall be taken by him inside the site from time to time. 37.7 Care of work From the commencement to the completion of the erection work , the Contractor shall take full responsibility for the care of plant and equipment and for all temporary works, and in case any damage or loss shall happen to the equipment or to any temporary works from any cause whatsoever shall at his own cost replace or repair and make good the same. 37.8. Damage to Persons or Property The Contractor shall indemnify and keep indemnified the Purchaser against all losses and claims for injuries or damages to any property whatsoever which may arise out of, or in consequence of, the work at site carried out by the Contractor and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto. 37.9. Co-operation with Other Contractors The Contractor shall plan and execute his work in a phased manner as directed by the Purchaser from time to time and shall fully co-operate with other agencies working at site simultaneously and afford all reasonable facilities to these agencies so as not to obstruct or retard the works simultaneously being executed by such agencies in any way. 49
37.10.
Work in or around an Operating Plant When the work is being carried out in or around an operating plant, where the plant must run uninterrupted, the Contractor shall only work at specified places and times as mutually arranged between the Contractor and the Purchaser. The Contractor shall take sufficient care in moving his construction/erection equipments and equipment from one place to another in an operating plant so that they may not cause any damage to the property of the Purchaser, like roads, overhead and underground cables, pipes and/or any other service or equipment or building, and, in the event of the Contractors failure to do so, the cost of such damages, including eventual loss of working hours as estimated by the Purchaser, is to be borne by the Contractor.
37.11.
Site to be cleared on Completion of Work During erection, the Contractor shall at all time keep the working and storage areas used by him free from accumulation of waste materials and/or rubbish. Immediately after the completion of erection, the Contractor shall remove or dispose of all temporary structures, waste, debris, rubbish, etc. and leave the site in a clean condition to the satisfaction of the Purchaser.
37.12
Possession Prior to Completion The Purchaser shall have the right to take possession of or use any completed / partially completed part of the work. Such possession or use shall not be deemed to be in acceptance of any work done not in accordance with the Contract.
37.13
Withholding Payment The Purchaser will have full liberty to withhold and set off at any time all sums due or to become due to the Contractor (including security deposit), whether under this or any other contract, against any sum due or to become due to the Purchaser from the Contractor under this or any other contract.
37.14
Suspension of Erection Work The Contractor shall, on the written order of the Purchaser suspend the progress, of the whole of the erection work or any part thereof for such time or times and in such manner as the Purchaser may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Purchaser. If such suspension is a. Provided for in the Contract, or b. Necessary for the safety of the work or on account of some default on the part of the Contractor, or c. Necessary for the safety of the work or any part thereof, the Contractor shall not be entitled to the extra costs (if any) incurred by him during the period of suspension of the erection work, but, in the event of any suspension ordered by the Purchaser for reasons other than aforementioned and when each such period of suspension exceeds fourteen days, the Contractor shall be entitled to such extension of time for the completion of the erection work as the Purchaser may consider proper, having regard to the period of such suspension. 50
37.15
Termination of Contract for Equipment Erection If the Contractor shall - Become bankrupt or insolvent or - Make an arrangement with, or assignment in favour of, his creditors or agree to carry out the erection work under a committee of inspection of his creditors or - Being a company or corporation go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) or - Have an execution levied on his goods or property or - Assign or sublet the Contract or any part thereof - Abandon the Contract or - Without reasonable excuse fail to commence the erection work within the stipulated period or suspend the progress of the erection work for fourteen days after receiving from the Purchaser written notice to proceed or - Fail to proceed with the erection work with due diligence according to the programme of work or - Fail to remove materials from the site or to pull down and replace work after receiving from the Purchaser written notices to the affect that the said materials or works have been condemned or rejected or - Fail to employ competent staff and labour or - Disregard the instructions of the Purchaser in relation to the execution of the erection work - Fail to execute the erection work in accordance with the Contract or neglect to carry out his responsibilities and obligations under the Contract or - Promise, offer or give any bribe, commission, gift or advantage either by himself or through his partner, agent or servant, to any officer or employee or any person on their behalf of the Purchaser in relation to the execution of this Contract or any other contract with the Purchaser. Then in any of the aforesaid cases, the Purchaser may serve the Contractor with a notice in writing to that effect, and if the Contractor does not, within seven days after the delivery to him of such notice, proceed to make good his default, in so far as the same is capable of being made good and carry on the erection work in compliance with such directions as stated in the aforesaid notice to the entire satisfaction of the Purchaser, the Purchaser shall be entitled, after giving forty eight hours notice in writing, to expel the Contractor from the site, without thereby avoiding the Contract or releasing the Contractor from any of his obligations or liabilities under the Contract or affecting the rights and powers conferred on the Purchaser by the Contract. The expiry of forty-eight hours from the time of serving such notice in writing to the Contractor by the Purchaser shall be conclusive evidence of the expulsion of the Contractor from the site, notwithstanding any physical presence of the Contractor, or his workmen at site after such expiry. Upon such expulsion the Purchaser may himself complete the erection work or may employ any other contractor to complete the erection work and the Purchaser or such other Contractor may use for such completion so much of the construction/erection equipments, temporary works and materials which have been 51
deemed to become the property of the Purchaser as he or they may think proper, and the Purchaser is entitled at any time to sell any of the said construction/erection equipments temporary works and unused materials and apply the proceeds of sale in, or towards, the satisfaction of any sums due or which may become due to him from the contract or under the contract. Provided always that the Purchaser shall at any time after expelling the Contractor from the site, have the right to rescind this Contract and claim damages from the Contractor. Provided further that the exercise of any of the rights aforesaid shall not prejudice the Purchasers right and remedies under the Law. 37.16 Non-exercise not to constitute a Waiver Provided always that, in a case in which any of the powers conferred upon the Purchaser by Clause 37.15 hereof shall have become exercisable but have not been exercised, the nonexercise thereof shall not constitute a waiver of any of the conditions thereof, and such powers shall notwithstanding be exercisable by the Purchaser in the event of any future case of default by the Contractor for which this liability for past and future defaults shall remain unaffected. 37.17 Valuation on Determination The Purchaser shall, as soon as may be practicable, after such expulsion of the Contractor from the site, fix and determine ex-parte or by, or after, reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and certify the amount (if any) which had at the time of such expulsion been earned by, or would accrue to, the Contractor in respect of the erection work till then executed by him under the Contract, as the Purchaser shall consider reasonable and proper. The Contractor shall have however no claim to compensation for any loss sustained by him by reason of his having purchased or procured any equipment, materials or entered into any commitments or made any advances on account of, or with a view to, the execution of the erection work or the performance of the Contract. 37.18 Payment after Termination If the Contractor is expelled as aforesaid, the Purchaser shall not be liable to pay the Contractor any money including the security deposit on account of the Contract, until the costs of the completion of the erection work, considering the cost of carrying out the erection work, either by the Purchaser itself or by any other contractor employed by it, in excess of the sum which would have been payable to the Contractor if the erection work had been completed by the Contractor under the terms of contract, damages for the delay in completion (if any) and all other expenses incurred by the Purchaser have been ascertained. The Contractor shall then be entitled to receive only such sum (if any) as the Purchaser may certify after deduction of the said amount from the sum payable to the Contractor. But, if such amount shall exceed the sum which would have been payable to the Contractor, then the Contractor shall, upon demand, pay to the Purchaser the amount of such excess, and it shall be deemed a debt due by the Contractor to the Purchaser and be recoverable accordingly.
52
5. SPECIAL CONDITIONS TO THE CONTRACT
Table of Clauses
Clause No. 1. 2. 3. 4. 5. 6. 7. 8.
Topic General Documents Mutually Explanatory Guarantee Delivery & documents Responsibility for Performance of Contract Inspection & Rejection Suppliers responsibilty Risk Purchase Annexure I To Special Conditions Annexure II to Special Conditions
Page No. 54 54 54 55 55 55 56 56 57 60
53
5. SPECIAL CONDITIONS TO THE CONTRACT
1.0 General
The following Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract.
2.0 Documents Mutually Explanatory

The Several documents forming the Contract are to be taken as mutually explanatory of one another and in case of ambiguities or discrepancies, the same shall be explained and decided by the UNIT HEAD/CHIEF GENERAL MANAGER, RE Division, IREL, Udyogamandal who shall thereupon issue to the Contractor instructions directing in what manner the work has to be carried out. 3.0 GUARANTEE i) The material supplied shall be guaranteed as per the Technical specifications with the tender document. If it is found that the item does not conform to the specification given, or is defective in any manner, the same will be rejected and supplier shall arrange for immediate replacement thereof, free of cost to us. Such replacement supplies will also be subject to our inspection before acceptance. ii) Regarding the equipments installed at site, the Supplier shall give the following guarantees in respect of the equipment supplied by him for a period of 12 (twelve) months after commissioning or 18 (eighteen) months after the supply of the material whichever is earlier. iii) The Supplier shall be responsible for any defects that may be noticed therein notwithstanding that such defects could have been noticed at the time of inspection or any defects therein are found to have developed under proper use, arising from faulty materials, design or workmanship or fails to fulfill the performance guarantee or other requirement of the order and the Supplier shall remedy all such defects as aforesaid at his own cost. Purchaser, who shall state in writing in what respect the goods are faulty and further if in the opinion of the Purchaser the defects are of such a nature that it is necessary to replace or renew any defective stores, such replacement or renewal shall be made by Supplier forthwith without any extra costs to the Purchaser. iv) Should the Suplier fail to rectify such defects to the full satisfaction of the Purchaser within a reasonable time, the Purchaser may reject and replace at the cost of the Supplier the whole or any part of the equipment as the case may be which is defective or fails to fulfill the requirements of the order. Such replacement at the cost of the Supplier shall be carried out by the Purchaser within a reasonable time with equipment of the same particulars or when the equipment conforming to the stipulated particulars are, in the opinion of the Purchaser, not readily procurable, such opinion being final, then with the nearest substitutes. 54
4.0 Delivery and Documents

All the equipments and materials as per this contract shall be delivered at IREL, Udyogamandal, Ernakulam district, kerala. The following documents shall be furnished: i. The Suppliers invoice showing Work Order No., Goods description, quantity, unit price, taxes, freight charges, total amount; ii. Delivery note, Packing list, Freight pre paid lorry receipt; iii. Suppliers/Manufacturers guarantee certificate; iv. Inspection Certificate where shop inspection has been carried out and the Suppliers factory inspection report; v. Certificate of country of origin, if applicable. vi. Excise gate pass/octroi receipts, wherever applicable, duly sealed indicating payments made; vii. Proof of evidence of insurance premium paid for transit-cum-erection-insurance arranged by the Contractor. viii Any other document evidencing payment of statutory levies. Note: The nomenclature used for the item description in the invoice/s, packing list/s and delivery note/s etc. should be identical. 5.0 Responsibility for Performance of Contract The Supplier shall be entirely responsible for the performance of the contract in all respects in accordance with the terms and conditions as specified in the Contract. The Supplier shall not sublet, transfer or assign the contract without the written permission of the Purchaser. In case permission is given by the Purchaser, Supplier shall be liable to any loss or damage which the Purchaser may sustain in consequence or arising out of such subletting of the contract. 6.0 Inspection & Rejection i. Inspection: Inspection, if required may be carried out by the Purchaser at the Suppliers premises or at any other place as the Purchaser may deem fit as stipulated in the Contract during different stages of manufacture including final Pre-despatch inspection and accordingly Inspection Certificates shall be issued. ii. Notification by Supplier In case of inspection at the Suppliers premises, notice in writing shall be sent by the Supplier, sufficiently in advance, to the Purchaser when the stores to be supplied are ready for inspection. iii. Removal of Rejections Any stores inspected and rejected at Purchasers premises must be removed by the Supplier within 30 days from date of receipt of intimation of rejection of supplies. If the rejected goods have already been paid for ( partly or fully), the supplier shall before removal of rejected goods, either deliver correct replacement goods at Purchasers premises completely free of cost ( including cost of goods , freight, taxes, duties etc) or refund the payment received as well as make full compensation for freight taxes , duties etc. Such rejected Stores shall lie at suppliers risk from the time of such55
rejections and if not removed within the above time limit, the Purchaser shall have the right to dispose off the said rejected materials as he may deem fit without any financial obligation to the supplier. 7.0 Suppliers responsibility The Supplier should undertake to be responsible for the delivery of the goods in satisfactory condition and without any loss or damage at the final destination and until the same is actually receipted by the Purchaser at its works or other place of final destination. For this purpose goods carried by the railway or other carrier shall be deemed to be carried at the risk of the supplier. If on inspection at final destination the Purchaser discovers any discrepancy, the Purchaser will be entitled (notwithstanding that the property of goods shall have passed on to the company) to refuse acceptance of the goods altogether and claim damages and/or cancel the contract and buy its requirement in the open market at the risk and cost of the supplier, reserving always to itself, the right of forfeiture of any amount found due and payable or the deposit, if any, placed by the Supplier for the due fulfillment of the contract as also to recover any amount, if already paid. 7.1 Packing The Supplier shall be responsible for the stores being sufficiently and properly packed, for transport by rail/road/sea/air/ or any combination of above, so as to ensure their being free from loss or damage on arrival at the destination. Packing material shall not be returned to the Supplier, unless stated otherwise. 8.0 Risk Purchase : If the Supplier fails to deliver the stores either in full or in part, within the stipulated delivery period, the Purchaser shall be entitled at his option to take alternate procurement action, at the risk & cost of the Supplier for the unsupplied portion of the goods / items for which delivery has been expired without canceling the contract in respect of the stores not yet due for delivery, or to cancel the contract based on progress of work, including stores not due for delivery, and, if thought fit/necessary, to purchase the stores at the risk and cost of the Supplier. The price differential in case of higher cost to IREL, if any, shall have to be borne by the defaulting supplier. Moreover the defaulting supplier shall have no claim over the quantity, which they failed to supply.
56
ANNEXURE I TO SPECIAL CONDITIONS
Safety Code
1. Suitable scaffolds shall be provided for workmen for all works that cannot safely be done from the ground, or from solid construction except in the case of short duration work, which can be done safely from ladders. When a ladder is used, it shall be of rigid construction made either of good quality wood or steel. The steps shall have a minimum width of 450 mm and a maximum rise of 300 mm. Suitable hand holds of good quality wood or steel shall be provided and the ladder shall be given an inclination not steeper than 1/4 to 1 (1/4 horizontal and 1 vertical). Scaffolding or staging more than 4m above the ground floor, swung or suspended from an overhead support or erected with stationary support shall have a guard rail properly bolted, braced, or otherwise secured, at least 1 m. above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure. Working platforms, gangways and stairways shall be so constructed that they do not sag unduly or unequally and if the height of the platform, gangway or stairway is more than 4 m above ground levels or floor level, they shall be closely boarded and shall have adequate width and be suitably fenced as described in (ii) above. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be 1 m. Wherever there are open excavations in ground, they shall be fenced off by suitable railing and danger signals installed at night so as to prevent persons slipping into the excavations. Safe means of access shall be provided to all working places. Every ladder shall be securely fixed. No portable single ladder shall be over 9 m in length while the width between side rails in rung ladder shall in no case, be less than 290 mm for ladder upto and including 3m in length. For longer ladders this width shall be increased at least 20mm for each additional metre of length. A sketch of the ladders and scaffolds proposed to be used shall be prepared and approval of the Company obtained prior to construction. All personnel of the Contractor working within the plant site shall be provided with safety helmets. All welders shall wear welding goggles while doing welding work and all metal workers shall be provided with safety gloves. Persons employed on metal cutting and grinding shall wear safety glasses. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of the sites of work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. All trenches, 1.25m or more in depth shall at all times be supplied with at least one ladder for each 30m in length or fraction thereof. The ladder shall be extended from the bottom of the trench to at least 1 m above the surface of the ground. Sides of trenches, which are 1.5 m or more in depth, shall be stepped back to give suitable slope or securely held by timber bracing so as to avoid the danger of sides collapsing. The excavated material shall not be placed within 1.5m of the edges of the trench or half of the depth of the trench whichever is 57
2.
3.
4.
5.
6. 7.
8.
9.
more. Cutting shall be done from top to bottom. Under no circumstances undermining or undercutting shall be done. 10. The Contractor shall take all measures on the site of the work to protect the public from accidents and shall be bound to bear the expenses of defense of every suit, action or other proceedings at law that may be brought by any persons for injury sustained owing to neglect of the above precautions and to pay such persons or which may with the consent of the Contractor, be paid to compromise any claim by any such person. Before any demolition work is commenced and also during the process of the work:All roads and open areas adjacent to the work site shall either be closed or suitably protected. No electric cable or apparatus, which is liable to be a source of danger over a cable or apparatus used by the operator, shall remain electrically charged. All practical steps shall be taken to prevent danger to persons employed from the risk of fire or explosion or flooding. No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe. All necessary personnel safety equipment as considered adequate by the Company shall be kept available for the use of this persons employed on the site and maintained in a condition suitable for immediate use, and the Contractor should take adequate steps to ensure proper use of equipment by those concerned. Workers employed on mixing asphalt materials, cement and lime mortars shall be provided with protective footwear and protective goggles. Those engaged in white washing and mixing or stacking of cement bags or any material, which is injurious to the eye, shall be provided with protective goggles. Those engaged in welding works shall be provided with welders protective eyesight lids. Stone breakers shall be provided with protective goggles and protective clothing and seated at sufficiently safe intervals. When workers are employed in sewers and manholes, which are in use, the Contractor shall ensure that the manhole covers are opened and are ventilated at least for an hour before the workers are allowed to get into manholes and the manholes so opened shall be cordoned off with suitable railing and provided with warning signals or boards to prevent accident to the public. Use of hoisting machines and tackle including their attachments, anchorage and support shall conform to the following standards or conditions. These shall be of good mechanical construction, sound material and adequate strength and free from patent defect and shall be kept in good repair and in good working order. Every rope used in hoisting or lowering materials or as means of suspension shall be of durable quality and adequate strength and free from patent defects. Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of 21 years shall be in charge of any hoisting including any scaffolding winch or give signals to operator. In case of every hoisting machine and of every chain ring hook, shackle shovel and pulley block used in hoisting or as means of suspension the safe working load shall be58
11. 11.1 11.2 11.3
12.
12.1 12.2 12.3 12.4 12.5
13. 13.1 13.2 13.3
13.4
ascertained by adequate means. Every hoisting machine and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine having a variable safe working load, each safe working load and the conditions under which it is applicable shall be clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond the safe working load except for the purpose of testing. 13.5 In case of departmental machines, the safe working load shall be notified by the Company. As regards the contractors machines, the Contractor shall notify the safe working load of the machine to the Company whenever he brings any machinery to site of work and get it verified by the Company. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with such means as will reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations, which are already energised, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary shall be provided. The workers shall not wear any rings, watches and carry keys or other materials, which are good conductors of electricity. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities shall be provided at or near places of work. These safety provisions shall be brought to the notice of all concerned by display on a notice board at a prominent place at work spot. The person responsible for compliance of the safety code shall be named therein by the Contractor. To ensure effective enforcement of the rules and regulations relating to safety precautions the arrangements made by the Contractor shall be open to inspection by the Labour Officer or the company or its representatives. Notwithstanding the above clauses from 1 to 17, there is nothing in these to exempt the Contractor from the operations of any other Act or Rules in force in the Republic of India.
14.
15.
16.
17.
18.
59
ANNEXURE II TO SPECIAL CONDITIONS
Safety Rules
1. The Contractor shall follow the Safety regulations as prescribed in the tender and Indian Standards. He shall provide necessary Safety appliances to his employees as instructed by the Engineer-in-charge/Safety officer deputed by the Company depending upon the nature of work. In case of an accident resulting in any rest of disability to the workmen the same should be immediately reported to the Safety Officer/Engineer-in-charge. Any person found smoking in the restricted area or under the influence of alcohol or any intoxicating drugs on duty is unfit for duty and shall not be allowed to work. His work permit should be confiscated and he should be sent out of the premises of the work. Drums or other makeshifts must not be used in place of ladders or work benches or supports on any job. First aid kits or boxes and stretchers should be readily accessible at all times with the Contractor. For all work that cannot be done from the ground level or from part of any permanent structure or from other available means of support, steel scaffoldings of adequate strength shall be used as a safe means of access to places of work. All scaffolding shall be securely supported or suspended and wherever necessary be properly braced to ensure stability. Defective scaffolding or make shift must not be provided. All scaffolds must be inspected by a competent person in-charge before commencement of work. Chains, ropes or other lifting materials used for the suspension of scaffolding must be of adequate strength and be tested by competent authority. The platforms of suspended scaffolding shall be sufficiently wide. Suspended scaffolding shall have handrail of about 1 meter. height from the floor of the platform. Such scaffolding or staging shall be fastened to prevent it from swaying away from the structure. All sides of the platform from which a person is liable to fall shall be provided with guardrails to a height of at least 1 meter with the toe boards of at least 15 cms. high so placed as to prevent the fall of materials and tools from the platform. Every ladder shall be securely fixed at top and bottom. A ladder more than 5 meters long shall have a prop. Spacing between the side rails of the ladder shall not be less than 45 cms and uniform step spacing shall not exceed 30 cms. Whenever it is necessary to work at elevated places above 4 meter not adequately protected 60
2. 3.
4. 5. 6.
7. 8. 9. 10.
11.
12. 13. 14.
by railing, safety belts with lifelines securely tied to some firm structure or other support, which is independent of the equipment on which the person is working, must be worn. 15. Nobody will be allowed to work at elevated places above 4 meter without wearing safety belts. As an additional precaution, safety nets made of coir rope or nylon or any other suitable material should be hung at suitable elevation to prevent people and equipment falling down. Dropping or throwing materials from roof structures or other elevated position is prohibited. Where work is going overhead, the area below should be cordoned. If it is not possible to cordon the area, caution sign CAUTION - MEN WORKING ABOVE should be placed. Helmets (made of fiber glass or any other suitable material conforming to IS specification) must be used by all employees working in shuttering or staging jobs, material handling jobs or where the chances of falling objects are present or where there is a possibility of a person striking against projecting objects, etc. All necessary personnel safety equipment such as face masks, safety helmets, safety boots, safety belts, gloves, safety goggles, etc. as considered adequate by the Company have to be kept available for the use of persons employed at the site of work and maintained in a condition suitable for immediate use and the Contractor shall take steps to ensure proper use of equipment by the workers. The Contractor shall furnish along with the tender the type of staging, form work, type of access for men, materials and the construction technique he proposes to use for the work. The areas where painting work is being done shall be kept adequately ventilated by the agency executing the work and shall meet the approval of the Company.
16. 17. 18.
19.
20. 21.
61
6. POINTS BIDDERS SHOULD BEAR IN MIND

I. II. TENDERS ARE INVITED IN ACCORDANCE WITH LOCAL COMPETITIVE BIDDING PROCEDURES TENDERS CONTAINING DEVIATIONS FROM TENDER DOCUMENT TERMS AND CONDITIONS & OTHER REQUIREMENTS WILL BE REJECTED III. IV. TENDERS NOT ACCOMPANIED BY EARNEST MONEY DEPOSIT IS LIABILE FOR REJECTION NON-COMPLIANCE WITH EVEN A MINOR TECHNICAL REQUIREMENT SHOULD BE SPECIFICALLY STATED BY THE BIDDERS V. THE BIDDERS SHOULD FURNISH THEIR COMPLETE ADDRESS FOR THE PURPOSE OF FURTHER CORRESPONDENCE PERTAINING TO THE TENDER DOCUMENT VI. CORRECTIONS IN THE TENDER SHOULD BE NOTED OVER AND INITIALED AT THE PLACE OF CORRECTIONS VII. NEGLIGENCE OF THE BIDDER IN PREPARING THE BID CONFERS NO RIGHT TO WITHDRAW THE BID AFTER IT WAS OPENED VIII. SPECIFICATIONS AND CONDITIONS OF THE TENDER DOCUMENT CONSTITUTE AN INTEGRAL PART OF THE BID IX. ALL EQUIPMENT, SYSTEM AND COMPONENTS SHOULD BE DESIGNED TO PERFORM AS PER SPECIFICATIONS IN THIS TENDER DOCUMENT UNDER TROPICAL CONDITIONS X. THE TENDERS SHOULD BE KEPT VALID FOR ACCEPTANCE FOR A PERIOD OF 120 DAYS FROM THE DATE OF OPENING OF TENDER. XI. THE TENDER DOCUMENT SHALL BE GOVERNED AND INTERPRETED ACCORDING TO THE LAWS OF THE UNION OF INDIA XII. ALL BIDDERS ARE URGED TO SUBMIT PROMPTLY WRITTEN REQUESTS ON MATTERS WHERE CLARIFICATIONS OR ADDITIONAL INFORMATIONS ARE DESIRED. NO EXTENSION IN DUE DATE OF SUBMISSION OF TENDERS WILL BE ALLOWED ON THIS GROUND. XIII. THE TECHNICAL BID AND PRICE BID SHOULD BE SUBMITTED IN SEPARATE SEALED COVERS. THE TENDER DOCUMENT ISSUED BY THE COMPANY SHALL BE DULY SIGNED IN ALL PAGES AND SHOULD BE ENCLOSED WITH THE TECHNO COMMERCIAL BID AS GESTURE OF APPROVAL OF TENDER DOCUMENTS. XIV. ALL THE BIDDERS SHOULD QUOTE FOR THE ITEMS AS PER THE SPECIFICATIONS AND DETAILS GIVEN IN THIS TENDER DOCUMENT ONLY. IN CASE ALTERNATIVE DESIGNS, ETC. ARE TO BE OFFERED BY THE BIDDERS, THEY MAY DO SO BUT THIS SHOULD BE STATED SEPARATELY IN THE OFFER. XV. THE PURCHASER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL TENDERS WITHOUT ASSIGNING ANY REASONS, WHATSOEVER.
62
Annexure A
7. CHECKLIST FOR SUBMISSION OF TENDER DOCUMENT

(To be verified by the bidder before submitting the offer. The checklist duly filled & signed shall form part of the tender document.)
1.
EMD in the form of DD / BG for Rs./- is enclosed ? (If No attach details of any EMD exemption Certificate received from Central or State Government agencies) Ref: clause No.14, Instruction to Bidders Solvency Certificate is enclosed? Ref: clause No 8.3, N.I.T. Bills / Invoice / Copy of Work Order as documentary evidence to meet the minimum qualification criteria, are enclosed? Ref: clause No.8.1, N.I.T Self attested copy of the Audited Profit & Loss A/c, Balance sheet for the last three financial years are enclosed? Ref: clause N.o 8.2 of N.I.T
Yes / No
2.
Yes/ No
3.
Yes/ No
4.
Yes/No
5.
Certified copy of the authority of person for signing the bid Yes/No/NA (applicable for firms, companies & other body corporate)is enclosed? Ref: clause No.6.0, Instruction to Bidders Whether the Bidder has submitted self attested copy of PAN ? Ref: clause No.9.4, N.I.T Whether the Bidder has submitted self attested copy of Sales tax & Service tax registration ? Ref: clause No.9.5, N.I.T Whether the Bidder has signed on all pages of the tender document including the Price bid? Whether the Price bid is enclosed in a separate sealed cover ? Whether the Bidder has quoted for the complete items in the Price Bid and the total amount is written in the space provided? Whether there is any correction or overwriting in the Price Bid? (If yes, such correction should be properly countersigned) Yes/No
6.
7.
Yes/No
8.
Yes/No
9. 10.
Yes/No Yes/No
11.
Yes/No
63
Checklist Contd
12. Whether the bidder agrees to all the tender conditions? (If No give details of deviation citing relevant tender Clauses and justification) Bidders Address for Communication Yes/No
13.
. . . PIN :.. Ph: ........ FAX :..Email ID :
Signature of the bidder
Date :
64
Annexure B
8. TECHNICAL DEVIATION STATEMENT FORM

Bidder shall provide details of its list of deviations as per the table given below, subject to the permissibility of respective clauses, sections or articles for seeking exceptions / deviations.
Deviation Sl. no
Page Sl.no. or enclosure reference of the tender enquiry
text Reasons Clause no. for Brief which the description of deviation deviation is the clause sought
for Suggested alternative
Signature and seal of the Bidder Dated: NOTE: 1. Bidder shall list all the deviations according to the above format only. Bidders may stipulate exceptions and deviations to Bidding document, if considered unavoidable. Any exceptions / deviations brought out elsewhere in the bid shall not be considered. Where there is no deviation, the statement should be returned duly signed with an endorsement indicating No Deviations The technical specifications furnished in the tender document shall prevail over those of any other document forming part of our bid, except only to the extent of deviations furnished in the statement. -----------------
2. 3.
65
Annexure C INDIAN RARE EARTHS LIMITED UDYOGAMANDAL
9. PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(To be executed on non judicial stamp paper not less than Rs. 200/- (Rupees two hundred only) or as per appropriate stamp paper) WHEREAS Indian Rare Earths Limited, a company incorporated under the Indian Companies Act.VII of 1913 and having its registered office at Plot No. 1207, ECIL Building, Veer Savarkar Marg, Prabhadevi, Mumbai-28, India, with its Rare Earths Division Plant at Udyogamandal - 683 501, Kerala, India (hereinafter called IREL) has invited a tender for Design, fabrication, testing, supply, erection and commissioning of ______________________________________________________________________________________ _____________________________________________________vide enquiry/tender No.__________________________________________ dated, _______________ Wherein it is specified that the bidder shall submit a irrevocable Bank Guarantee towards Earnest Money Deposit of value of Rs. ________________________________________(Rupees ___________________________________________________________________) M/s.__________________________________________________________________________ having its registered office at _____________________ and having a place of business at_________________________________________ (hereinafter called Bidder) furnish a Bank Guarantee towards the due fulfillment by the Bidder of the terms and conditions contained in the said enquiry/tender. We (Name of the bank) do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from IREL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by IREL by reason of breach by the said Bidder of any of the terms or conditions contained in the said enquiry/tender or by reason of the Bidder`s failure to perform the conditions of the enquiry/tender. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs. ________________________________________________________ (Rupees ___________________________________________________________________) We (Name of the bank) undertake to pay to IREL any money so demanded notwithstanding any dispute or disputes raised by the Bidder in any suit or proceeding pending before any Court or tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the Bidder shall have no claim against us for making such payment. We (Name of the bank) further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the conditions of the enquiry/tender and that it shall continue to be enforceable till all the dues of IREL under or by virtue of the conditions of the enquiry/tender have been fully paid and its claims satisfied or discharged or till IREL certified that the terms and conditions of the enquiry/tender have been fully and properly satisfied by the said Bidder and accordingly discharges this guarantee. Our Guarantee shall remain in force until _______________and unless a demand or claim under this guarantee is made on us in writing within six months from the expiry date of the Guarantee period, we66
shall be discharged from all liability under this Guarantee thereafter. We (Name of the bank) further agree with IREL that IREL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said conditions of the enquiry/tender and we shall not be relieved from our liability by reason of any such variation, or by any such matter or thing whatsoever which under the law relating to sureties would put for this provision, have effect of so relieving us. This guarantee will not be discharged due to the change in the Constitution of the Bank or the Bidder. We (Name of the bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of IREL in writing. Notwithstanding anything contained herein our liability under this Guarantee shall not exceed Rs. _________________(Rupees ______________________________________) This bank guarantee shall be valid up to ____________________________. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee only and only if you serve upon us a written claim or demand on or before _______________________________.
Full address of the Bank issuing this Guarantee
For (Name of Bank) Authorised official Name: Designation:
Date:
(BANK SEAL)
------------------------------
67
Annexure D
INDIAN RARE EARTHS LTD UDYOGAMANDAL 10. PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT
(To be executed on non judicial stamp paper not less than Rs. 200/- (Rupees two hundred only) or as per appropriate stamp act) WHEREAS Indian Rare Earths Limited a Company incorporated under the Indian Companies Act VII of 1913 and having its registered office at Plot No. 1207, ECIL Building, Opp. Siddhivinayak Temple, Veer Savarkar Marg, Prabhadevi, Mumbai 400 028, (hereinafter called IREL) having its Unit at Rare Earths Division, Udyogamandal, Kochi, Kerala has entered into an Agreement No. _________________ dated _________ with M/s. ____________________ having its registered office at ________________________ and having a place of business at ______________________________ (hereinafter called Supplier/Successful bidder) for the for Design, fabrication, testing, supply, erection and commissioning of FRP Mixer settlers, Settlers & Rectangular tanks.
AND WHEREAS the Agreement provides that the Supplier/Successful bidder shall furnish a Bank Guarantee for Rs.________ (Rupees ________________________ only) being ____% (______percent ) of the total agreement value as Guarantee in lieu of the security deposit for the due fulfillment by the Supplier/Successful bidder of the terms and conditions contained in the Agreement. 1) We ________________________ Bank do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from IREL stating that the amount claimed is due by way of loss or damage caused to or that would be caused to or suffered by IREL by reason of breach by the said Supplier/Successful bidder of any of the terms or conditions contained in the said Agreement or by reason of the Suppliers/Successful bidders failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs.________ plus interest @ 12% per annum from the date of demand for payment till the actual date of payment made by us. We undertake to pay to IREL any money so demanded notwithstanding any dispute or disputes raised by the Supplier/Successful bidder in any suit or proceeding pending before any court or tribunal relating thereto, our liability under these present being absolute and unequivocal. The payment so made by us under this guarantee shall be valid discharge of our liability for payment thereunder and the Supplier/Successful bidder shall have no claim against us for making such payment. 3) We ____________________ Bank further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of IREL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till IREL certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Supplier/Successful bidder and accordingly discharges this Guarantee. Our Guarantee shall
2)
68
remain in force until ____________ and unless a demand or claim under this guarantee is made on us in writing within six months from the expiry of the Guarantee period, we shall be discharged from all liability under this Guarantee thereafter. 4) We _____________________ Bank, further agree that IREL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extent time of performance by the said Supplier/Successful bidder from time to time or to postpone for any time or from time to time any of the distributions exercisable by IREL against the said Supplier/Successful bidder and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Supplier/Successful bidder or for any forbearance, act or omission on the part of IREL or any indulgence by IREL to the said Supplier/Successful bidder or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us. This guarantee will not be discharged due to the change in the constitution of the Bank or the Supplier/Successful bidder. We____________________ Bank lastly undertakes not to revoke this guarantee during its currency except with the previous consent of IREL in writing. Dated the __________ day of __________ 201_ ________________Bank (Signature with name in Block letters with designation, Attorney as per distribution of Attorney No._____dt. _____) Banks Common seal
5)
6)
----------------------------------
69
Annexure E
11. ARTICLES OF AGREEMENT

(TO BE EXECUTED ON STAMP PAPER OF Rs. 200/-). This (ARTICLES OF) AGREEMENT of Contract made at _________ this _________ day of ____________________ 20___ between M/s INDIAN RARE EARTHS LIMITED, RARE EARTHS DIVISION, UDYOGAMANDAL, ERNAKULAM DT., PIN 683501, hereinafter referred to as the Purchaser (which term or expression shall unless repugnant to the context be deemed to include the executors, administrators, legal/authorised representatives and writing) of the ONE PART :- AND M/s ________________________________ (hereinafter referred to as Seller, (which term or expression shall unless repugnant to the context be deemed to include his heirs, executors, administrators, legal/authorised representatives, successors and assigns) of the OTHER PART:WHEREAS the Purchaser is desirous to that Design, Fabrication, testing, supply, erection, commissioning & Performance Guarantee testing of FRP Mixer settlers, Settlers & Rectangular tanks as envisaged in the Tender No: ______________ NOW THIS AGREEMENT WITNESSETH as follows: 1. In this agreement words and expression shall have the same meanings as are respectively assigned to them in the General Conditions of Contract (GCOC). The following documents shall be deemed to form and be read and construed as part of this Agreement viz: 1 2 3 4 5 6 7 8 3. 4. Work Order (WO) Letter of intent (LOI) All correspondences related to clarifications w.r.t tender No. ____ dt.___________. Contractors offer/quotation no. dt. to the extent accepted by IREL Special Conditions of Contract (SCOC) Technical Specifications General Conditions of Contract. (GCOC) Invitation to Tender (NIT)
2.
5.
In consideration of the payments to be made by the Purchaser to the Seller as hereinafter mentioned, the Seller hereby covenants with the Purchaser to supply in accordance with the contract. The contract will be deemed to have been entered into at Indian Rare Earths Limited, Udyogamandal, Kochi and all cases of action in relation to this contract will therefore be deemed to have arisen within the Jurisdiction of High Court of Kerala, Kochi. The contract shall be governed by the Indian Law for the time being in force. The several parts of this contract have been read to us and fully understood by us.
IN WITNESS WHEREOF, the parties hereto put their respective hands and seals in this Agreement on the day, month & year first above written.
Signed, sealed & delivered in the presence of :WITNESS : ----------------------------------------------------Signature of the 1st Party (Purchaser at Udyogamandal)
1) -----------------
2) --------------Signature of the 2nd Party (Seller)
70
71
Note: The dimensions of the Mixer settler and components are attached in Data sheet of Technical spec.
SKETCH OF A TYPICAL MIXER SETTLER UNIT
Note: The dimensions of the Mixer settler and components are attached in Data sheet of Technical spec.
All Dimensions are in mm
SKETCH OF TYPICAL SETTLER UNIT
SKETCH OF TYPICAL STRUCTURAL STAND FOR 150 LITRE (Mixer capacity) MIXER SETTLER UNIT

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INDIAN RARE EARTHS LTD

R.E DIVISION, UDYOGAMANDAL

for HPRE PROJECT AT IREL, UDYOGAMANDAL, ERNAKULAM DISTRICT, KERALA

PART A, TECHNO-COMMERCIAL BID TENDER NO: HPREP/RED/PT/03/MS/2011

INDIAN RARE EARTHS LTD

PUBLIC TENDER NOTICE

Chief General Manager

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LIMITED RARE EARTHS DIVISION

This tender document is issued to: Name of Bidder: ..

Date of issue: Issued by: Indian Rare Earths Ltd, Udyogamandal

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LIMITED RARE EARTHS DIVISION

PART- A (TECHNO-COMMERCIAL BID)

4. 5. 6. 7. 8. 9. 10. 11. 12.

INDIAN RARE EARTHS LTD

INDIAN RAE EARTHS LIMITED (A Govt. of India Undertaking)

RARE EARTHS DIVISION

1. NOTICE INVITING TENDER

: 4 nos. : 4 nos. : 8 nos. : 9 nos. : 10 nos. : 6 nos. : 9 nos. : 2 nos. : 6 nos. 4

Signature & Seal of the bidder

INDIAN RARE EARTHS LTD

: 2 nos. : 8 nos. : 4 nos. : 1 no.

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

Chief General Manager

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

10.0 Amendment of Bidding Documents

INDIAN RARE EARTHS LTD

Signature & Seal of the bidder

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

I/we.am/are a Vendor/Customer of Indian Rare Earths Limited.

Address (with seal):..

INDIAN RARE EARTHS LTD

7 8 9 10 11 12 13 14 15 16 Annexure -1 Annexure -1I AnnexureIII

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

2.2 2.3 2.4 2.5 2.6 2.7

Signature & Seal of the bidder

INDIAN RARE EARTHS LTD

2.8 2.9 2.10 2.11

Insulation class Enclosure Location Make of motors

Signature & Seal of the bidder

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

INDIAN RARE EARTHS LTD

Annexure I Page 1/3

Over all dimensions

No. of mixer settlers

Aqueous & solvent Compartment

Signature & Seal of the bidder

INDIAN RARE EARTHS LTD

Remarks including flange width at the top

Remarks 2 including flange width at the top

4000 1500 1500 1830

1100 1500 750 500