HINDUSTAN COPPER LIMITED

(A GOVT.OF INDIA ENTERPRISE)

TENDER FOR

TOTAL MULTIMODAL LOGISTICS SOLUTION

FOR

TRANSPORTATION & CHA OF MCP ORIGIN COPPER CONCENTRATE &

ITS HANDLING TILL FOB VISAKHAPATNAM PORT, ANDHRA PRADESH

TENDER NO.: HCL/HO/MATLS/LOGISTIC/2020-21/03 Date: 19.08.2020

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 HINDUSTAN COPPER LIMITED
(A GOVT. OF INDIA ENTERPRISE)
1, ASHUTOSH CHOWDHURY AVENUE
KOLKATA– 700019

NOTICE INVITING TENDER FOR TRANSPORTATION, CHA &

HANDLING OF MCP ORIGIN COPPER CONCENTRATE FOR EXPORT

HCL/HO/MATLS/LOGISTIC/2020-21/03 Date: 19.08.2020

TENDER NOTICE

Online offers are invited from established and reputed container train operators (CTO) having experience in
Port Handling, Customs Clearance, Material Handling and Multimodal Transportation for the following job:

- Handling, Customs Clearance and Containerized Multimodal Transportation of Copper Concentrate

from Malanjkhand Copper Project (MCP), Madhya Pradesh to Visakhapatnam Port, Andhra Pradesh,
India including its handling, loading/unloading, storage, weighment and loading onto the vessel for
export and obtain Bill of Lading.

Earnest Money Deposit: Rs. 21,13,000/- (Rupees Twenty One Lac Thirteen Thousand
only).Tender not accompanied by requisite EMD shall be treated as in
valid.

Period of Contract: 12 months from the date of Work Order.

The tender document is also available on our website at:

https://etenders.gov.in/eprocure/app and www.hindustancopper.com.

Last date of tender submission: Up to 3.00 P.M. on 02.09.2020

Techno-commercial bid opening: At 3:00 P.M. on 03.09.2020

General Manager (Commercial)

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 HINDUSTAN COPPER LIMITED
(A GOVERNMENT OF INDIA ENTERPRISE)
1, ASHUTOSH CHOWDHURY AVENUE
KOLKATA - 700 019

HCL/HO/MATLS/LOGISTIC/2020-21/03 Date: 19.08.2020

TENDER DOCUMENT

M/s ---------------------------
--------------------------------
--------------------------------
--------------------------------

Dear Sirs,
Sub: Handling, weighment and CONTAINERIZED MULTIMODAL Transportation of Copper
Concentrate in EXIM containers from Malanjkhand Copper Project (MCP), Madhya Pradesh to
Visakhapatnam Port, Andhra Pradesh, Including Port Handling, Custom Clearance,
Weighment and Loading onto the Vessel for Export, as specified under “SCOPE OF WORK”
appended hereto.

Hindustan Copper Limited is a vertically integrated copper producer in the country engaged in mining,
beneficiation, smelting, refining and fabrication of copper and copper products. It has its mining units in Khetri
Nagar (Rajasthan) & Malanjkhand smelters & refinery in Khetri Nagar (Rajasthan) & Ghatsila (Jharkhand) and
Wire rod plant in Taloja (Maharashtra) and Copper Smelter and Refinery Unit at Jhagadia, Gujarat.

HCL intends to export MCP Copper Concentrate from Malanjkhand Copper Project (MCP), Madhya Pradesh in
containers on FOB Visakhapatnam Basis, request to quote the rate per WMT for subject work, which shall be
valid for entire duration of the contract as mentioned in the tender notice.

The approx quantity of copper concentrate shall be 25,000 WMT +/- 10 % of Malanjkhand Copper Project,
Madhya Pradesh. However, HCL does not guarantee any minimum volume of work since the same will
depend on actual export orders with HCL. However, repeat order for 50 % quantity can be placed at same
terms & conditions to this work order, in case of exigencies, as per prevailing guidelines of HCL.

For export of the above Copper Concentrate, on-line bids are invited from established and reputed container
train operators (CTO) having experience in Port Handling, Customs Clearance, Material Handling and
Multimodal Transportation (as per provision of Multimodal Transportation of Goods Act‟1993 and its
amendments), and fulfilling the stipulated jobs detailed below.

i) Handling, Customs Clearance and Containerized Multimodal Transportation of Copper

Concentrate from Malanjkhand Copper Project, Madhya Pradesh to Visakhapatnam Port,
Andhra Pradesh including loading & unloading at respective points (as per requirement of
HCL).

ii) All port related activities for export, handling, customs clearance, shifting of stuffed containers
from loading points onto the vessel, entire documentation activities with Customs and
Visakhapatnam Port Trust, liaisoning with HCL‟s buyer, shipping line, shipping agent,
obtaining clear Bill of Lading, provisioning of tools, tackles, manpower, etc. for export of
Copper Concentrate.

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The work shall have to be completed within the specified time limit as per intimation received from HCL from
time to time. The interested parties are requested to submit their bids on the basis of the terms & conditions of
our tender noted as below:

Note: Multimodal transportation in the instant case shall be a combination of Rail & Road.

SCHEDULE OF BIDDING PROCESS:

HCL shall Endeavour to adhere to the schedule provided for under this clause. However, in case HCL in its
sole discretion undertakes any modification in the schedule specified below, the same will be conveyed by
HCL website only. Bidders are requested to periodically visit NIC and HCL website for any notification.

S. No. Event Description Dates

1. Issuance of tender 19.08.2020
2. Bid Due Date (to be submitted on line) 02.09.2020 3.00 PM
3. Opening of Techno Commercial Bid only 03.09.2020 3.00 PM

HCL also reserves the right to issue any corrigendum(s) to this tender, if felt necessary, before the due date of
Opening of the tender. The Technical bid may be opened on 03.09.2020 at 3.00 p.m. However, HCL reserves
the right to extend bid opening date due to administrative reasons.

Bidder are, therefore, requested to check Corrigendum uploaded against the tender from time to time on CPP
Portal/ HCL web site and resubmit their bids in case of any change in their offer due to the corrigendum,
before the final bid submission date/time, if any such corrigendum to the tender has been issued by HCL.

Interested parties require any clarification regarding any of the terms & conditions stipulated in this tender
document, the same can be clarified thro‟ e-mail communications before the due date of submission of bids at
the following e-mail id:

Mr. Sunil Parashar: sunil_p@hindustancopper.com

Mr. Sanjeev Kumar: sanjeev_k@hindustancopper.com
1.0 INSTRUCTIONS TO THE BIDDERS:

The following may please be noted by the bidders:

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

A. Registration procedure:
1. Please visit the Link https://etenders.gov.in/eprocure/app

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

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

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

2. Enter your login ID & Captcha
3. Enter password & Captcha
4. Click to DSC Login & enter PIN.
5. Click at „Search Active Tenders‟.
6. Enter Tender ID & other search criteria & then Click „Search‟ to search the Tender.
7. Upon finding the desired Tender, click the checkbox to mark the Tender as „favorite‟.
8. Click on „My Tenders‟ on left hand side menu panel to find out the favorite Tender list.
9. View the desired Tender by clicking logo under „View‟ column. Tender details will appear.
10. Scroll down the page containing Tender details.
11. Download the NIT & Bid-of-Quotation (BOQ) from „Tender Documents‟ section.
12. Click „Proceed for Bid Submission‟ to proceed ahead.
13. Tick „I Agree‟ & „Next‟ to proceed further.
14. Update personal details & click „Next‟ to proceed ahead.
15. Select EMD Exemption status (Yes OR No) & proceed ahead by clicking „Next‟.
16. If No, Click „Pay Offline‟.
17. Click „Confirm to Pay‟.
18. Enter EMD details in „Specify Instruments for EMD Offline Payment‟ & save. Click „Next‟.
19. Click „Submit OID‟ then click „Submit Other Important Documents‟.
20. Click „Encrypt & Upload‟ to upload cover documents.
21. Click folder logo in „Fee/Pre-Qualification/Technical‟ box to upload technical cover documents.
22. As new window opens, click „Browse‟ to select & attach the documents.
23. After selecting the documents, sign & upload them digitally by clicking “Sign & Upload‟.
24. Click „Ok‟ in the message pop-up box to proceed ahead.
25. As window again goes back, click folder logo in „Finance‟ box to upload Financial docs.
26. As new window opens, click „Browse‟ to select & attach the documents (Bid-of-Quotation/ BOQ)
27. After selecting the documents, sign & upload them digitally by clicking “Sign & Upload‟.
28. Click „Ok‟ in the message pop-up box to proceed ahead.
29. Click „Next‟ in Bid Submission -> Packet Details window to proceed ahead.
30. View Bid details and scroll down to check the same.
31. If all correct, click „Freeze Bid‟ to lock/freeze your offer.
32. Click „Print Acknowledgement‟ & „Print Bid Details‟ to print the same & keep it for record.

NB: You do not require registering again for different tender enquiries of HCL. Registration on the website is
free of cost.

Government e-Procurement Portal NIC Contact Person:

Important 1: For Registration related issues, all tenderers are requested to contact: Mr. S K Imran, Mobile
Number: 91-8777791736 or Support e-mail : support-eproc@nic.in

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

Important 3: The following auto-extension criteria shall be governed in NIC portal:

Iteration Bid Opening Date If total numbers of Bids received is 2 or

No. less
1 On Bid Submission End Date Due date extended by 03 days
2 On First Extended Due Date Due date extended by another 05 days
3 On Second Extended Due Date Tender will be opened

The Price bids of only techno-commercially qualified bidders shall be opened/evaluated which shall be notified
to them in advance. The authorized representatives of the bidders may remain present during opening of the
part-I and part-II bids through EPS, if they wish to.

The bidders will have to quote following online through NIC portal:

I. Part- I

Techno-Commercial Bid containing : Tenderer must attach one photocopy of the tender
document duly signed and stamped as acceptance of tender terms and conditions and not to
stipulate any conditions from their end.

II. Part- II

Price Bid containing: Bidders should quote price online only.

The offer of the bidder will be rejected outright in case any other detail is mentioned in the price bid.
All conditional offers shall be rejected, if any.

2.0 BIDDERS PRE-QUALIFICATION CRITERIA (PQC)

Bidders need to comply with the following eligibility criteria to bid for the tender, which shall be considered
further for evaluation:

(i) The bidder should have Average Annual financial turnover during the last 03 years ending 31st March of
the previous financial year of at least Rs.3.17 Crore (To provide audited balance sheets or certificate
issued by the practicing chartered accountant within the meaning of Chartered Accountant Act 1949).

The bidders have to submit the attested/notarized copies of audited financial statement and profit & loss
accounts of the financial years (FY 2017-18, 2018-19 & 2019-20, duly certified by the Chartered
Accountant/Auditor, in support of both the qualifying criteria along with the bid. Net sales shall be shall
be considered for purpose of determination of turnover.

(ii) Experience of having successfully completed similar exim work during last 07 years ending last day of
month previous to the one in which applications are invited should be either of the following:

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 a. Three similar exim completed works, each costing not less than Rs.4.23 Cr or should have
handled at least 10,000 MT cargos each in equivalent no. of TEUs in each completed work.

Or

b. Two similar exim completed works each costing not less than Rs. 5.28 Cr or should have handled
at least 12,500 MT cargos each in equivalent no. of TEUs in each completed work.

Or

c. One similar exim completed work each costing not less than Rs.8.45 Cr or should have handled
at least 20,000 MT cargos in equivalent no. of TEUs in each completed work.

Note:

a. Similar Exim Work means containerised multimodal transportation to/from ICD/CFS/Port by rail &
road, handling, loading, unloading at respective points and CHA activities involved in either export
or Import.

b. The bidder should submit attested/ notarized copies of Work order showing Order value, Scope of
Work & Bill of quantity for assessment of pre qualification Criteria.

c. Satisfactory Completion Certificate (attested/ notarized copies) indicating the value of work
executed & period of execution of contract should be obtained from Principal Owner of the work
for whom the work has been executed.

(Valid and certified copies of the documentary evidence for the above work signed by authorised
signatory of the CTO are to be attached)

(iii) The bidder should hold valid Container Train License, issued by Indian Railways and should have
arrangement/leasing of minimum 03 rakes & 300 TEUs (to provide documentary evidence).

(iv) The bidding company should have their own CHA capabilities, and experience with port handling,
including equipment to handle large size vessels or through their CHAs (To provide documentary
evidence i.e. a letter showing that the bidder has tied up with a valid CHA for undertaking port related
work on behalf of bidding company. Also bidder should provide copy of valid CHA & Stevedoring
Licence of such agency).

(v) Sub-contracting (except for CHAs & Stevedoring) in part or whole is not allowed.

(vi) Consortium/JV in part or whole is allowed.

(vii) The Bidder(s)/Contractor(s) undertake(s) has to give Integrity Pact, and to submit it to the Principal
before contract signing (ANNEXURE-VII).

3.0 NO DEVIATIONS TO TENDER DOCUMENT

Bidders may note that HCL may not entertain any deviation to the tender document, if any in their offer. The
offers to be submitted by the bidders shall be unconditional and unqualified and the bidders would be deemed

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to have accepted the terms & conditions mentioned in the tender document and addendum if any. Any
conditional offer shall be regarded as non-responsive and would be liable for rejection.

4.0 AMENDMENT TO TENDER DOCUMENTS

HCL reserves the right to modify the tender documents by issuing an addendum before the due date. The
addendum shall be communicated in writing to all the bidders and will be binding upon them. Each addendum
thus issued shall become part of the tender document.

In order to afford prospective bidders a reasonable time in which to take an addendum into account in
preparing their offers, or for any reason, HCL may, at its discretion, extend the due date for tender submission.

5.0 EVALUATION OF SUCCESSFUL BIDDERS

Evaluation of successful bidders shall be made on overall L-1 basis for all activities together included in the
scope of work in the tender document. The techno-commercially qualified bidder with the lowest quoted
amount shall be declared as the finally selected bidder for the tendered work. Hence bidders are requested to
quote for all the items. Offers of bidders not submitted for all the items shall not be considered.

6.0 VALIDITY OF OFFER:

The offer shall be valid for a period of 90 days from the date of opening of techno-commercial (Part-I) bid.

7.0 The Bidder shall get fully informed/apprised itself of all local conditions and factors, which may have any
effect on execution of work covered under the tender document. HCL shall not entertain any request for
clarification from the Bidder regarding such local conditions. It must be understood and agreed that such
factors have been properly considered while submitting the tender. No claim for financial adjustment to the
contract or in its time schedule shall be entertained by HCL on this account.
8.0 Award of work shall be made at the absolute discretion of HCL and binding on the Bidders. The company
may reject any part or whole of the tender. For such cancellation, the Bidder shall not be entitled to claim any
cost, charge, expenses incidental to or incurred by him or in connection with the preparation and submission of
offer.
9.0 HCL may also cancel the Tender after inviting offers. For such cancellation, the bidder shall not be entitled
to claim any cost, charge, expenses incidental to or incurred by him or in connection with the preparation and
submission.
10.0 The Bidder is advised to submit offer strictly based on the terms and conditions contained in this Tender
document and not to stipulate any conditions from their end.

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SECTION-I

ACTIVITY- WISE DETAILED SCOPE OF WORK

1.0 HANDLING, WEIGHMENT AND CONTAINERIZED MULTIMODAL TRANSPORTATION OF COPPER

CONCENTRATE IN EXIM CONTAINERS FROM MALNJKHAND COPPER PROJECT (MCP), MADHYA
PRADESH TO VISAKHAPATNAM PORT, ANDHRA PRADESH, INCLUDING PORT HANDLING, CUSTOMS
CLEARANCE, WEIGHMENT AND LOADING ONTO THE VESSEL FOR EXPORT, AS SPECIFIED UNDER
“SCOPE OF WORK” APPENDED HERETO.

1.1 SCOPE OF WORK – I

a) On the instructions of HCL, the contractor shall expeditiously despatch the material in EXIM containers
from Malanjkhand Copper Project (MCP), Madhya Pradesh to Visakhapatnam Port, Andhra Pradesh so
as to reach the load port before cut off time of the nominated vessel for onwards shipment.
b) HCL‟s buyer shall advise the Bill of Lading instructions, the vessel‟s name, shipping line, vessel's agents
at nominated load port and discharge port and container weight restrictions as per discharge port
regulations to HCL at least 15 days prior to the stuffing schedule of the sea worthy containers
c) The Liner appointed by the HCL‟s Buyer/agents/representatives will confirm the readiness of seaworthy
containers to HCL/their representatives/stevedores at least 15 days prior to cut off time and date of the
vessel advised as per above.
d) The Liner shall provide seaworthy Exim Container(s) to HCL at ICD Raipur, on the instruction of HCL, the
Exim containers to be lifted from ICD for further stuffing at MCP after completion of the documentary
formalities of customs for export.
e) The container(s) shall be stuffed after HCL and tenderer's representative accept the same. In case the
container(s) are rejected by HCL and tenderer's representative, the Liner shall arrange to replace the
container(s) immediately.
f) Tenderer shall arrange for stuffing, packing, chocking and lashing of containers (All origin cost/charges
like Terminal Handling Charges (THC), Documentation charges, stuffing, packing and lashing are to
tenderer‟s account). The tenderer may depute his representative for witnessing the stuffing operation.
g) Tenderer/their representative will obtain delivery order of containers from buyer's nominated
representative advised to tenderer.
h) After completion of stuffing and sealing operation, tenderer/their representative shall arrange for return of
exim containers to load port, Visakhapatnam/shipping line's loading point prior to cut off time and date as
advised by buyer/shipping line's agents.
i) In case tenderer/their stevedores/agents are unable to deliver the stuffed and sealed exim containers
prior to the cut off time and date at the nominated port, then the ground rent, buffer yard charges,
detention of containers shall be to tender's account. In case tenderer/ their stevedores/agents deliver the
stuffed and sealed containers within the cut off time, then all the above mentioned charges will be to
buyer's account.
j) The freight, rent and insurance etc. for the cargo and container from the load port onwards will have to be
borne by the buyer.

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k) To arrange for loading/unloading of shut out cargo into/from road vehicles Lift on/Lift off of empty or
loaded containers to or from the road vehicles within the ICD complex with the help of suitable mechanical
equipment as per instructions of the Manager (ICD) on request of the parties.
l) To handle and unload the export cargo from trucks or any other vehicles in the ICD and to carry and stack
it in the nominated bay in the export cargo shed in proper sequence and manner.
m) To provide Manager (ICD) details of container to be transported under rail plus road mode.
n) Moving/shifting of loaded and/or empty containers from one point to another within the ICD as deemed
necessary for the convenience of handling traffic/facilitating terminal, Contractor will provide the
necessary trailers required for such a purpose.
o) The Contractor may also be required to take over empty containers from ICD Raipur and transport them
to MCP for further stuffing of material for onward export shipment after completion of the all required
documentation. While taking over empty containers from the ICD, the Contractor shall satisfy himself
about the condition of containers else all future claims regarding container damage to the account of the
Contractor.
p) Loading of concentrates in properly cleaned ISO/DSO 20‟ containers. The contractor shall ensure that the
empty containers are properly cleaned and are free from any contamination.
q) For loaded export containers to be moved to load Port from MCP/HCL, the contractor must arrange
deployment of adequate number of vehicles so as to pick-up & deliver the containers at the respective
destination within maximum of 48 hours from the time of issuance of Job Order.
r) Before moving the export loaded containers, the contractor is expected to acquaint himself with the vessel
particulars for the respective container and the vessel gate cut off and also keep him updated regarding
any pre-ponment/post-ponement of gate cut off.
s) To Stuff the cargo consignment wise in the specified containers as per instructions of the Manager (ICD)
in the presence of officials, representatives/agents as required under the ICD Manual, Rules or
Procedures and preparing tally sheet of stuffing. The containers will be stuffed in a manner and loaded on
the trailer which does not cause damage to the containers or cargo and instructions of the customs
authority has to carry out.
t) To arrange suitable type of road vehicles for transportation of containers from the ICD to railway station,
under Customs escorts whenever necessary, for transportation under rail plus road mode, mount the
same in safe and sound condition on rail wagons for delivery at load Port.
u) To deliver to the respective Shipping Lines the relative documents pertaining to the container including N
form duly passed in triplicate along with a photocopy of the log entry in the Port records. Any in-transit
formalities like N form clearance etc shall be complied with by the Contractor at his own cost. The
documents shall be delivered on the day of arrival of the container and this shall be confirmed to the
Manager (ICD) email.
v) In case of any damage to the seals, locks on containers or any pilferage, theft during transit or suspicion
of the same, the Contractors shall follow the procedure as required by the Customs or other competent
authorities.
w) To get the containers stuffed in presence of HCL's representative. Sealing material will be provided by
HCL/Surveyor. The contractor shall maintain necessary liaison with the concerned officials of HCL Units
in order to ensure stuffing of the same in time.

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x) Transportation of loaded and stuffed containers from Malanjkhand Copper Project (MCP), Madhya
Pradesh to said destination as indicated at (a) above, after weighment, as per direction of HCL, through
multimodal mode within the transit time.
y) The contractor shall be responsible for Forwarding, Customs clearance and all jobs incidental thereto for
exhaustive documentation with the Load Port, Customs and relevant authorities for smooth loading of
cargo and to obtain proof of export from appropriate authority to fulfil requirement of GST Authorities at
MCP unit.
z) The successful bidder is required to maintain liaison with the buyer of copper concentrate or their
representative at Visakhapatnam Port for proper/smooth operation and obtain instructions/documents for
obtaining clear bill of lading.
1.2 HANDLING OF COPPER CONCENTRATE:

i) The contractor should ensure loading & unloading of containers.

ii) Payment will be made on the basis of shipped quantity as per HCL's standard procedure.

1.3 All port related activities for export, handling, customs clearance, shifting of stuffed containers from loading
points onto the vessel, entire documentation activities with Customs and Visakhapatnam Port Trust, liaisoning
with HCL‟s buyer, shipping line, shipping agent, obtaining clear Bill of Lading, provisioning of tools, tackles,
manpower, etc. for export of Copper Concentrate.

2.0 GENERAL DETAILS OF WORK:

2.0.1 DOCUMENTATION:

The contractor shall be responsible for filing of necessary documents for export with Customs and Port
Authorities on behalf of HCL. They shall also be responsible for timely clearance of cargo from Customs and
ensure that the shipment is not delayed on any technical ground. They will ask for the relevant document from
HCL, Kolkata/Units well in time.

2.0.2 LOADING OF MATERIAL AND WEIGHMENT THEREOF:

i) The Contractor will be responsible for the loading of Copper concentrate at Malanjkhand Copper Project
(MCP), Madhya Pradesh and its transportation to Visakhapatnam Port, Andhra Pradesh after completion
of all documentation.
ii) The Contractor shall ensure timely loading of Copper concentrate by his own loaders at Unit (MCP) into
his containers and weighment done thereof on weighbridge at MCP Unit. They shall prepare the
necessary documents and obtain the gate passes & challan with weighment details for onward
transportation at Visakhapatnam Port. The containers shall be duly sealed at Unit (MCP) before
departure, in presence of HCL/Surveyor representative.
iii) Bills of lading weight after shipment shall be final and shall be used for Invoicing purpose.

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2.1 ACCOUNTABILITY:

i) The Bill of Lading weight (WMT) will be taken and accepted as final weight (WMT) of the copper
concentrate shipments. The contractor shall be fully responsible to HCL for any variation between the
above accepted weight and net loaded weight at Unit (MCP).
ii) The sample, sample preparation and moisture determination shall be performed at MCP unit by the
surveyor appointed by HCL & Buyer. The moisture thus determined will be applied on the finally accepted
WMT to arrive at DMT.
iii) Sampling, sample preparation and moisture determination at the loading point shall be done by Unit
(MCP). The contractor will be responsible to deliver full quantity of concentrate on dry weight basis along
with its metal content as recorded at Unit (MCP) loading point on dry weight basis.
iv) Any loss to the dispatched quantity from MCP shall be recoverable from the contractor at the rate of
110% of the landed cost of material at Visakhapatnam Port. The losses shall be calculated on the total
weight (Dry Metric Tonne) dispatched from Unit (MCP) and that shipped from Visakhapatnam Port.
v) Maintaining the condition of copper concentrate in the form as taken over at Unit (MCP) will be
responsibility of the contractor.

2.2 REPORTING LIAISON & DOCUMENTATION

The contractor shall be required to fulfil the following responsibilities:

a) The contractor will have to ensure that the entire material is loaded without any loss onto the ship/vessel
within cut off time. Immediately after loading of material, the contractor will submit the details of material
loaded on to vessel.
b) Immediately on shipment, the contractor has to ensure timely receipt of clear Bill of Lading from shipping
agents/carriers. The contractor shall be responsible for obtaining proof of export from appropriate
authorities to fulfil requirement of tax authorities at Unit (MCP).
c) The shipping bill may require provisional as well as final assessment. The contractor shall arrange
collection of Bill of Lading as per the requirement of HCL from the vessel agent. Any other activity is
required to be done for export at no extra cost.
d) The contractor shall keep HCL informed regularly regarding the arrival & expected departure of the
nominated ship at Visakhapatnam Port.
e) The contractor shall arrange and complete all formalities for clearance of material as required locally by
Port/Customs authorities and comply with all port requirements/formalities relevant to the contract.
f) The contractor shall be responsible to lodge, pursue and settle claims and appeals on HCL‟s behalf, with
various agencies like Port Trust/Authority, Customs, Carriers (Shipping Agent) etc. within the prescribed
time limit till they are settled.
g) The contractor shall be duly registered with all agencies, statutory bodies etc. for undertaking the entire
operation. The contractor will also ensure that all statutory requirements are complied with. The contractor
shall keep HCL indemnified against all consequences, actions, penalties etc. arising out of this
responsibility with all provisions of the law (s).

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2.3 INSURANCE

HCL will bear the cost of insurance premiums for insurance of the quantity of copper concentrate lying at the
port for export, for coverage against all risks of natural calamity including earthquake.

Transit Insurance of consignment shall be arranged by HCL. In the event of non delivery of the consignment at
the respective destinations FIR shall be lodged by the “Contractor” immediately after getting information of
non-delivery/theft/missing/embezzlement. The contractor shall submit FIR copy, Non-delivery certificate, FIR
certified copy by the court, Final Police report and any other document required to Contract Operating In-
charge of HCL or his authorized representative, to enable HCL to lodge claim on the Insurance Company. In
such case, payment to the contractor to the extent of the value of material short delivered will be deducted
from their bill amount and shall be released after settlement of claim by the Insurance Company. The value of
such losses as determined by HCL will be final and binding. If the insurance claim received is less than the
deducted amount, the difference shall be adjusted from the amount deducted from the contractor‟s bill and the
balance money shall only be released to the contractor.

2.4 WEIGHMENT/SAMPLING/SAMPLE PREPARATION AND MOISTURE DETERMINATION ETC.

The contractor will provide free of cost requisite assistance for the above work to the surveyor to be nominated
by HCL at MCP. Moisture content so determined by the surveyor for arriving at DMT of copper concentrate will
be final and acceptable to both the parties.

2.5 PAYMENT OF PORT/CUSTOMS CHARGES

HCL will bear statutory charges, if any for exports. All other charges, whatsoever, will be borne by the
contractor. The contractor shall render all required assistance i.e. for submission of documents in connection
with obtaining duty free license against the export.

13
 SECTION – II

3.0 GENERAL TERMS AND CONDITIONS FOR ALL THE MOVEMENTS

3.1 The contractor should have sufficient fleet size of trailers and containers for smooth execution of the work.
The documentary evidence for the same shall be submitted {Qualifying to clause 2.0 (iii)}.

3.2 The contractor shall have similar experience of handling variety of materials to different locations all over
India. The documentary evidence for the same shall be submitted. The bidder should also indicate the
maximum no. of truck/container that can be deployed in different locations strictly as per scope of work
indicated in the tender {Qualifying to clause 2.0 (iii)}.

3.3 RATES

Rates should be quoted in English only strictly in accordance with scope of work indicated in the tender which
will remain firm and fixed during the currency of the contract.

3.4 PAYMENT

a) Payment of freight incl. loading & unloading charges will be made within 30 days from date of issue of
Invoice. Bills to be submitted in triplicate along with Bill of lading copies.

b) The payment terms for work defined in Para 1.0 of Section-I shall be as mentioned therein. Freight
payment will be made as per terms and conditions of the contract on the basis the weight appearing at the
Bill of Lading. TDS and other statutory levies if any shall be deducted at source as per rules prevailing
from time to time.

c) The contractor shall submit their bills to Corporate Office after completion of all work related to export
shipment. The contractor shall submit the Bill of Lading copies along with their bills.

d) GST, wherever applicable, are reimbursable extra to the contractor, as per applicable rates.

Receipted challan/G.R. duly certified by the consignee showing the following:

a. Certified receipts quantity as per Kandla Port Trust weighbridge for respective lots ex-MCP.
b. Date of receipt at Vishakapatnam, Andhra Pradesh.
c. Whether seals intact or not.
d. Proof of export

e) Payment will be made through e-mode for which Bank Mandate Form, as given in Annexure-VI/VIA, duly
filled up has to be submitted by the contractor.
f) Liquidity damage (LD) : In case the contractor fails to complete the work within the schedule given by HCL
and agreed by the contractor, the contractor shall be liable for penalty @1% (One) of the Invoice value of
the particular lot per week of delay subject to a maximum of 5 % (Five) of the value of the contract unless
otherwise indicated in special Conditions of contract.

14
3.5 SECURITY DEPOSIT

i) The contractor shall submit Security Deposit equivalent to 10% of the value of the contract in the form of
Demand Draft or SFMS Bank Guarantee from any Schedule Commercial Bank except co-operative bank
and Gramin bank as per attached format (Annexure-IV) at HCL corporate office, Kolkata. Validity of the
BG should be initially should remain valid for a period of 60 (sixty) days beyond the date of completion of
all contractual obligations of the supplier/contractor, including warranty obligations. The contractor shall
further extend the validity of BG on the advice of HCL, if so required. The bank guarantee details must be
sent through digitally signed secured emails by the banker tour banker in order to confirm the issuance of
the same.

ii) The contractor should furnish the above Security Deposit within 14 days from the date of award of
LOI/Work Order whichever is earlier. In case of non-submission of Security Deposit, payment of bills will
not be released. The Security Deposit is liable to forfeiture towards any penalty imposed by HCL or any
loss that may be sustained by HCL as a result of omission/negligence on the part of successful bidder
towards the performance of the contract. The Security Deposit will however, be released within three
months after satisfactory execution of the contract, after deducting any dues on account of the above
reasons. Security deposit shall not carry any interest.

iii) Earnest Money Deposit (EMD) :

Bidders have to submit an amount of Rs. 21,13,000/- (Rupees Twenty One Lac Thirteen Thousand only).
Tender not accompanied by requisite EMD shall be treated as in valid. Bidders have to submit towards EMD
through RTGS/NEFT/BG only. No other form for EMD submission will be acceptable. Please upload payment
transfer details (scan copy of RTGS/NEFT/BG payment transfer) in the bid documents on CPP portal.

The bank A/C detail for RTGS/NEFT payment is as under:

Name of Account : Hindustan Copper Limited

Name of the Bank : State Bank of India,
Commercial Clients Group Branch
34, Jawaharlal Nehru road,
Kolkata-700071, India.
IFSC No. : SBIN0009998
SWIFT No. : SBININBB175
CASH CREDIT ACCOUNT NO.: 10373629348

For Bank Guarantee (B.G. - ANNEXURE-V): Colour scan copy to be uploaded in the bid documents on CPP
portal and same to be dispatched at Deputy General Manager (Commercial), Hindustan Copper Limited,
“Tamra Bhawan”, 1, Ashutosh Choudhury Avenue, Kolkata – 700 019, super scribing tender no., make sure it
should be reached before due date.

Earnest Money Deposit of unsuccessful bidders shall be refunded after 45 days beyond the final bid validity
period. In the event the tender of any party is rejected during the course of Techno-Commercial Scrutiny and
Evaluation, the EMD should be returned to such tenderer immediately within 30 days from the date of rejection
of its offer.

EMD shall be refunded to the contractor only after submission of requisite security deposit at HCL corporate
office as mentioned above.

15
3.6 DEDUCTION OF TAXES

Income Tax under Section 194 C or any other applicable sections of Income Tax Act as applicable from time to
time, shall be deducted at source from the contractor‟s bill.

3.7 RISK AND COST OF TRANSPORTATION

In the event of the contractor‟s failure to give satisfactory service/work or on violation of any terms & conditions
of the contract, the Company reserves the right to get the job done by any other agency after giving 07 days
Notice or any period as may be decided at the risk & cost of the contractor. The decision of the Company/HCL
in this regard, shall be final and binding on the contractor.

3.8 INDEMNIFICATION

The contractor shall be liable to indemnify Hindustan Copper Limited against any loss with regard to its
property/interest/reputation while executing the Work Order. The contractor shall indemnify Hindustan Copper
Limited against all losses/damages caused to their personal equipments/installations/materials, at every stage
of operation of the contract. Soon after award of the contract, the contractor will give undertaking on a stamp
paper of requisite value to this effect within a week‟s time.

3.9 ACCOUNTABILITY

The contractor shall be fully responsible for safe custody of goods/materials till handing over the
material/goods to the HCL officials at the relevant site.

3.10 LOSS & DAMAGE(S)

All loss(es) and damage(s) caused to the equipments, machine or other property of the company due to
negligence on the part of the contractor or his men will be recovered from the contractor‟s bill. Decision in this
regard, of the Officer In-charge shall be final and binding on the contractor.

3.11 OFFICE AT LOAD PORT & HCL UNIT (MCP) :

For smooth working of the contract, the contractor shall open its office equipped with telephone, fax and
internet facilities at Visakhapatnam port, Andhra Pradesh & unit (MCP).

3.12 STATUTORY OBLIGATIONS

The contractor shall observe all rules and regulations under Metalliferous Mines rules and regulations and
various States/Central Government Acts, etc. relating to this contract while working in the mining area. The
contractor shall ensure all safety measures during the operations. The contractor will be solely responsible for
all consequences arising out of operation contract including payments/compensation etc. to be made under
the various statutes/acts of State or Central Government and rules and orders etc. issued there under from
time to time.

3.13 SECURITY REGULATIONS

The contractor and their representatives shall abide by all the Rules and Regulations of Security agency in our
Malanjkhand Copper Project (MCP), Madhya Pradesh in all stages of the work emanating from this contract.
All vehicles of the contractor and persons engaged in the operation shall be subject to security check by
Security agency on duty. The contractor shall arrange necessary entry passes from Security agency
sufficiently in advance. HCL shall not be responsible for any delay caused in issue of such passes.

3.14 TERMINATION OF THE CONTRACT

16
a) In the event of repeated failure/neglect/default/refusal on the part of the contractor to perform satisfactorily
against contract, HCL reserves the right to terminate the contract either in full or in part and forfeit Security
Deposit and get the work executed at the risk and cost of the contractor as per clause 3.7. HCL‟s decision
in this regard shall be final and binding on the contractor.

b) Notwithstanding the provision contained in sub-clause (a) above, the contract can however be terminated
at the sole discretion of HCL without assigning any reason whatsoever by giving one month notice. The
contractor will have no claim on HCL due to such termination of the contract.

3.15 FORCE MAJEURE:

If at any time during the continuance of this contract, the performance in whole or in part by either party of
any obligation under this contract shall be prevented or delayed by reason of war, act of hostility of public
enemy, civil disruption or sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lock-
outs or acts of God (here-in-after referred to as events), provided notice of the happening of any such
eventually is given by the either party to the other within 21 days from the date of occurrence thereof, neither
party shall by reasons of such event be entitled to terminate this contract nor shall neither party shall by
reasons of such event be entitled to terminate this contract nor shall either party have any claim for damages
against the other in respect of such non-performance or delay in performance/execution under the contract
proved also that such performance/execution under the contract should commence as soon as practicable,
after such event has come to an end or ceased to exit, and the decision of HCL as to whether the
performance has been so resumed or not shall be final and conclusive. Provided further that if the
performance in whole or in part or any execution under this contract is prevented or delayed by reasons of
any such event for a period exceeding 60days, either party may opt to terminate the contract. If the contract
is terminated under this clause, HCL shall have liberty to take over from the contractor at a reasonable price,
all unused, undamaged and acceptable materials, machinery, equipments etc. at the site, being used for the
performance of the contract and in the possession of the contractor at the time of such termination of such
portion thereof as HCL may deem it fit, except such materials, equipments, etc that the contractor may with
the concurrence of HCL elect to retain. It is also understood in addition that this force Majeure clause will
cover parties’ inability to perform on account of change in law or imposition of rules restrictions by the
government.

Termination due to Events of Default:

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

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

Foreclosure of Contract Full or in Part

If at any time after acceptance of the tender, HCL shall decide to foreclose or reduce the scope of the
Works and hence not require the whole or any part of the Work to be carried out, the Person in Charge
shall give 10 days’ notice in writing to that effect to the Contractor, provided that, in the event, any such
action is taken by HCL, the Contractor shall be paid full amount for the up to date quantum of Work

17
executed at work Site as per billing schedule under the relevant items of work under the contract and in
addition, a reasonable amount as certified be the person in charge or any other agency appointed by
HCL for those supplied items which could not be utilized for execution of the work to the full extent
because of the foreclosure.

Amicable Resolution

a. Save where expressly stated to the contrary in this Contract, any dispute, difference or controversy
of whatever nature between the Parties, howsoever arising under, out of or in relation to this
Contract including disputes, if any, with regard to any acts, decision or opinion of the Engineer- in-
charge and so notified in writing by either Party to other (the “ Dispute”) shall in the first instance be
attempted to be resolved amicably in accordance with the procedure set forth in Article 12.0 (b)
below.

b. Either Party may require such Dispute to be referred to the work in charge of HCL and the Contractor
for amicable settlement. Upon such reference, the two shall meet at the earliest as per their mutual
convenience and in any event within fifteen (15) days of such reference to discuss and attempt to
amicably resolve the dispute. If the dispute is not amicably settled within fifteen (15) days of such
meeting, either party may refer the dispute in accordance with the provision of Article 12.1 ( c )
below.

c. In the event that any dispute has not been resolved as per the provisions of Article 12.1 (b) above,
the same shall be referred to the director or a person of equivalent designation, of HCL and the
Contractor for amicable settlement. Upon such reference, the two shall meet at the earliest as per
their mutual convenience and in any event within fifteen (15) days of such reference to discuss and
attempt to amicably resolve the dispute. If the dispute is not amicably settled within fifteen (15) days
of such meeting between the two, either party may refer the dispute to arbitration in accordance with
the provision of Article 12.2 below.

Arbitration

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

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

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

 The duration of proceedings and the fee structure will be governed by the 2015 Act. The venue of
the arbitration shall be Kolkata only. The award of the arbitrator shall be final and binding on the

18
 parties. Any dispute, which arises at any point of time out of arbitration, shall have the jurisdiction of
the Court of Kolkata, West Bengal.

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

3.17 JURISDICTION OF COURT

District Courts in the respective locations of HCL units shall have exclusive jurisdiction in case of the related
work.

3.18 OFFICER IN-CHARGE

Designated executive of the HCL will be the Executive-in-Charge of the coordination and smooth operation of
the contract. In this case respective Head of the Department of Materials and Contract department or his
nominee from the unit shall be the designated executive.

3.19 RELEVANT LAWS

The contractor shall follow all the relevant laws applicable to him in discharging this awarded work.

3.20 SOCIAL SECURITY ACTS:

The contractor shall abide by all laws governing employment and safety of labour and in particular with
provisions of the Minimum Wages Act, 1856, Workmen Compensation Act, 1923, Provident Fund Act, 1952,
The Indian Explosive Act, Mines Act, etc. from time to time. If any amount becomes payable by the Company
as a result of any claim application etc. in terms of the provisions of the said Act(s), Regulations and any other
applicable acts, not specifically mentioned thereof, such amount shall be recovered from the tenderer. The
tenderer shall also be responsible for payment of any compensation under Workmen Compensation Act.

3.21 DEFINITION:

a) The term "Month" shall mean calendar month.

b) The term "DMT" means Dry Metric Tonne.
c) The term "WMT" means Wet Metric Tonne.
d) The term “EMD” means Earnest Money Deposit.
e) The term “BOQ” means Bid-of-Quotation.
f) The term “CHA” means customs house agent.

Enclosures: Annexure I, II, III, IV, V & VI

For Hindustan Copper Limited

(Sunil Parashar)
General Manager (Commercial)

19
 Annexure – I

No. HCL/HO/MATLS/LOGISTIC/2020-21/03 Date: 19.08.2020

(To be submitted with Techno-Commercial Bid)

Sl. No Description Bidder Information

1 Name of the Company
and its registered address:

2. Name of contact person(s):

3 Telephone No(s):
Mobile No.:
Fax No.:
e-mail address:
4 Type of organisation :
Private Limited Company

Public Limited Company

5 Whether registered under Cos. Act 1956 or 2013:
(Provide documentary evidence)
6 Annual Turnover:
2017-18
2018-19
2019-20
(Provide audited balance sheets thereof)

7 Cargo tonnage along with equivalent no. of TEUs

(domestic containers) handled/
/transported during last 07 years for similar work as
defined in PQC:
(Provide documentary evidence)
8 Whether holding Container Train Licence:
(Provide documentary evidence & mention the validity
of the CTO Licence)
9 No. of Rakes, Containers, Trucks & Trailers owned by
the Company on date:
(Provide documentary evidence)
10 Details of CHA/Stevedoring capabilities:
(Provide documentary evidence)
11 Location of offices in India:

20
12 Details of EMD furnished:

13 Whether terms & conditions of NIT accepted:

14 PAN (Permanent Account No.):
(Provide copy)

GST Registration No.:

(Provide copy)
15 Whether agreeing to sign Integrity Pact
agreement with HCL:
16 Any other remarks:

__________________________
SIGNATURE OF TENDERER
WITH OFFICIAL SEAL

21
 ANNEXURE-II

No. HCL/HO/MATLS/LOGISTIC/2020-21/03 Date: 19.08.2020

TO BE SUBMITTED WITH PRICE BID

SCHEDULE OF RATE

S. No. Particulars FOB Visakhapatnam,

Port, Andhra Pradesh
Rs. /WMT
1 Loading of Copper Concentrate in Containers at MCP

2 Containerized/Multimodal transportation of Copper

Concentrate from MCP to Visakhapatnam Port on FOB
delivery basis

3 Custom Clearance, filling of shipping Bill, Other port

related activities, as per scope of work mention in
section-I
4 Total charges (1+2+3)

NOTE:

1. The quoted rates should include all charges excluding GST as applicable. Evaluation shall be done by
taking all the above items together.
2. Since tentative quantity for movement of MCP Copper Concentrate has been shown as 25,000 WMT +/-
10% to the above destination, the same will be considered for deriving standing of the bidders. However,
actual quantity to be handled will depend on the volume of export orders.

____________________________________________
SIGNATURE OF TENDERER WITH OFFICIAL SEAL

22
 ANNEXURE-III

ACCEPTANCE OF TERMS AND CONDITIONS OF TENDER

M/s. Hindustan Copper Limited,

„Tamra Bhavan‟
1, Ashutosh Chowdhury Avenue,
Kolkata – 700 019

Dear Sirs,
We have gone through the terms and conditions of your Tender Documents and have fully
understood the duties and responsibilities as mentioned therein.

We are enclosing herewith one copy of the Tender Documents duly signed by us in token of our
acceptance of terms & conditions.

We take responsibility of carrying out jobs as per terms and conditions of the tender.

The Earnest Money amount of Rs. 21,13,000/- (Rupees Twenty One Lac Thirteen Thousand only) vide
RTGS/NEFT/ Bank Guarantee No…………………………………… dt. ………………………… has been
enclosed with the Techno-commercial bid (Part-I).

Our offer is valid for a period of 90 days from the date of opening of techno-commercial part of tender.

Thanking you,

Yours faithfully,

SIGNATURE OF TENDERER WITH OFFICIAL SEAL

23
 ANNEXURE-IV

PROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT

(On non-judicial stamp paper of appropriate value)

To
Hindustan Copper Limited,

Dear Sir,

M/s.------------------------------------------------------- upon being awarded the work of ---------------------------------- for

Hindustan Copper Limited at------------------------------------------------------------- under tender/LOI/Work Order No.-
--------------------------------------------------------approached us with the request to furnish Hindustan Copper Limited
at------------------------------------------------- a Bank Guarantee for Rs.----------------------------------- only (Rupees-------
--------------------------------- only) towards security deposit. At their request and in consideration of the promises
we -------------------------------------------------------------------------- have agreed to give guarantee as hereinafter
mentioned.

1. We-----------------------------------------------------hereby agree and undertake that if in your opinion any default is

made by the said M/s.----------------------in performing any of the terms and/or conditions of the agreement or if
in your opinion he commits any breach of agreement or there is any demand by you against the said M/s.------
-------------------------------------
then on notice to us by you we shall on demand without demur and without reference to the said M/s.-------------
------------------------------immediately pay to you, in any manner in which you may direct, the said amount of
Rs.-------------------only (Rupees----------------------------------------------------only) or such portion thereof as may be
demanded by you not exceeding the said sum and as you may from time to time require. Our liability to pay is
not dependent or conditional on your proceeding against the said M/s.---------------------------- and we shall be
liable to pay the aforesaid amount as and when demanded by you merely on a claim being raised by you and
even before any legal proceedings are taken against the said M/s.-------------------------------------------.

2. You will have full liberty without reference to us and without affecting this guarantee, postpone for any time
or from time to time the exercise of any of the powers and rights conferred on you under the contract with the
said M/s.----------------------------------------------------------------------and to enforce or to forbear from endorsing any
power or rights or by reason of time being given to the said M/s.--------------------------------------------------------------
------------which under law relating to sureties would but for the provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.-------------------only (Rupees-------------------------------------------------

from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or
disputes have been raised by the said M/s.----------------------------------------------------------------------------------
and/or that any dispute or disputes are pending before any officer, tribunal or court.

4. Our guarantee herein contained shall not be determined or affected by the liquidation or winding up of
dissolution or change or constitution or in solvency of the said M/s.----------------------------------------------------------

24
-------------but shall in all respects and for all purposes be binding and operative until payment of all money due
to you in respect of such liability or liabilities.

5. Our liability under this guarantee is restricted to Rs.---------------------only (Rupees-------------------------------

only). Our guarantee shall be valid up to------------ and we are liable to pay the guaranteed amount or any part
thereof under the Bank Guarantee only and only if you serve upon us a claim or demand or a suit/action to
enforce a claim under guarantee is filed against us on or before----------------------

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and
the undersigned has full power to do under the power of attorney dated ----------------------granted to him by the
Bank.

Yours faithfully,

---------------------------------
---------------------------------
--------------------------------- Bank

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

25
 ANNEXURE-V

PROFORMA OF BANK GUARANTEE FOR EMD

(On non-judicial stamp paper of appropriate value)

To
Hindustan Copper Ltd.,
Tamra Bhawan,
1, Ashutosh Chowdhury Avenue,
Kolkata – 700 019.

Dear Sir,

M/s.------------------------------------------------------- upon being issued the tender document for --------------------------

-----------------------------------------------------------under Tender No.--------------------------------------- approached us
with the request to furnish Hindustan Copper Limited at------------------ a Bank Guarantee for Rs.---------------------
---- only (Rupees---------------------------------- only) towards Earnest Money Deposit. At their request and in
consideration of the promises we -------------------------------------------------------------------------- have agreed to give
guarantee as hereinafter mentioned.

1. We----------------------------------------------------hereby agree and undertake that if in your opinion any default is

made by the said M/s.----------------------- in performing any of the terms and/or conditions of the agreement or if
in your opinion he commits any breach of agreement or there is any demand by you against the said M/s.------
-------------------------then on notice to us by you we shall on demand without demur and without reference to the
said M/s.--------------------------immediately pay to you, in any manner in which you may direct, the said amount
of Rs.-------------------only (Rupees----------------------------------------------------only) or such portion thereof as may
be demanded by you not exceeding the said sum and as you may from time to time require. Our liability to
pay is not dependent or conditional on your proceeding against the said M/s.---------------------------------------------
------------------- and we shall be liable to pay the aforesaid amount as and when demanded by you merely on a
claim being raised by you and even before any legal proceedings are taken against the said M/s.------------------
-------------------------------.

2. You will have full liberty without reference to us and without affecting this guarantee, postpone for any time
or from time to time the exercise of any of the powers and rights conferred on you under the contract with the
said M/s.----------------------------------------and to enforce or to forbear from endorsing any power or rights or by
reason of time being given to the said M/s.-------------------------------------------which under law relating to sureties
would but for the provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.-------------------only (Rupees------------------------------------------------

from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or
disputes have been raised by the said M/s.-------------------------------------and/or that any dispute or disputes are
pending before any officer, tribunal or court.

4. Our guarantee herein contained shall not be determined or affected by the liquidation or winding up of
dissolution or change or constitution or in solvency of the said M/s.------------------------------------------but shall in

26
all respects and for all purposes be binding and operative until payment of all money due to you in respect of
such liability or liabilities.

5. Our liability under this guarantee is restricted to Rs.---------------------only (Rupees-------------------------------

only). Our guarantee shall be valid upto------------ and we are liable to pay the guaranteed amount or any part
thereof under the Bank Guarantee only and only if you serve upon us a claim or demand or a suit/action to
enforce a claim under guarantee is filed against us on or before----------------------

6. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and
the undersigned has full power to do under the power of attorney dated ------granted to him by the Bank.

Yours faithfully,

---------------------------------
---------------------------------
--------------------------------- Bank

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

27
 ANNEXURE-VI

MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET

To
Hindustan Copper Limited,
……………………………………….
……………………………………….
……………………………………….
Dear Sir,
Sub: Authorization for release of payment due from HCL,-----------------------------------------through
Electronic fund transfer by Internet Mode.
Refer Work Order No…………………. Dated…………..

(Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable)

1. Name of the Party:

2. Address of the Party: …………………………………………….
………………………………………..
………………………………………..
City:…………….Pin Code…………..
E-mail Id:……………………………..
Permanent Account Number:……………………………………..
3. Particulars of Bank:

Bank Name Branch

Name
Branch Place Branch City

Pin Code Branch

Code
Account Type Savings Current Cash Credit
Account Number (as appearing in
the Cheque Book)
RTGS / IFSC Code
Please attach Xerox Copy of a Cheque of your bank for ensuring accuracy of the bank name, branch name
and code number

28
4. Date from which the mandate should be effective:

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

Place:
Date: Signature of the Party/Authorized Signatory

Certified that particulars furnished above are correct as per our records.

Bank‟s Stamp:
Date: (Signature of the Authorized Official from the Banks)

29
 ANNEXURE-VIA

MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET & RBI

To
Hindustan Copper Limited,
……………………………………….
……………………………………….
Dear Sir,
Sub: Authorization for release of payment due from HCL,-----------------------------------------through Electronic
fund transfer (RBI-NEFT)/ Internet /RTGS.
Refer Work Order No…………………. dated…………....
(Please fill in the information in CAPITAL LETTERS. Please TICK wherever it is applicable)
1. Name of the Party :
2. Address of the Party :…………………………………………….
………………………………………..
City:…………….Pin Code…………..
E-mail Id:……………………………..
Permanent Account Number:……………………………………..
3. Particulars of Bank:
Bank Name Branch Name
Branch Place Branch City
Pin Code Branch Code
MICR No
(9 Digits code number appearing on the MICR Band of the Cheque supplied by the Bank. Please attach
Xerox copy of a Cheque of your bank for ensuring accuracy of the Bank name, Branch name and Code
number)
Account Type Savings Current Cash Credit
Account Number (as appearing in
the Cheque Book)
RTGS/IFSC Code

4. Date from which the mandate should be effective:

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

Place:
Date: Signature of the Party/Authorized Signatory

Certified that the particulars furnished above are correct as per our records.

Bank‟s Stamp:
Date: (Signature of the Authorized Official from the Banks)

N.B.: RBI EFT/RTGS facilities Centre: New Delhi, Chandigarh, Kanpur, Jaipur, Ahmedabad, Mumbai, Nagpur,
Hyderabad, Bangalore, Chennai, Trivandrum, Kolkata, Bhubaneswar, Guwahati, Patna.
RTGS charges, if any, shall be borne by the party.

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 ANNEXURE-VII
INTEGRITY PACT

Between
Hindustan Copper Limited (HCL) hereinafter referred to as “The Principal”
and
..…………………………hereinafter referred to as “The Bidder/Supplier”

Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for
………………………………… The Principal values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and/or
Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will
monitor the tender process and the execution of the contract for compliance with the principles mentioned
above.

Section I – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-

a. No employee of the Principal, personally or through family members, will in connection with the tender for,
or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
c. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under
the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions.

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Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the tender process and during
the contract execution.

a. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to
any of the Principal‟s employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or during the execution of the contract.
b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications, certifications,
subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.
c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the
Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to
others, any information or document provided by the Principal as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or transmitted electronically.
d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the Bidder(s)/Contractor(s) of Indian Nationality shall furnish
the name and address of the foreign principals, if any. Further details as mentioned in the “Guidelines on
Indian Agents of Foreign Suppliers” shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in
the Guidelines all the payments made to the Indian agent/representative have to be in Indian Rupees only.
Copy of the “Guidelines on Indian Agents of Foreign Supplier” is annexed and as Annex-A.
e. The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of
the contract.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an
accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression through a
violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the
procedure mentioned in the “Guidelines on Banning of business dealings”. Copy of the “Guidelines on Banning
of business dealings” is annexed and marked as Annex-“B”.

Section 4 – Compensation for damages

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(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money
Deposit/Bid Security.
(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate
the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor
liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.
Section 5 – Previous transgression
(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company
in any country conforming to the anti corruption approach or with any other Public Sector Enterprise in India
that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or
action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”.
Section 6 - Equal treatment of all Bidders/Contractors/Subcontractors
(1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity
with this Integrity Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors
and Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its
provisions.
Section 7 – Criminal charges against violating Bidder(s)/Contractor(s)/Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a
representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance
Officer.
Section 8- Independent External Monitor/Monitors
(1) The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the
Monitor is to review independently and objectively, whether and to what extent the parties comply with the
obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions
neutrally and independently. He reports to the Chairman-cum- Managing Director, HCL.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project
documentation of the Principal including that provided by the Contractor. The Contractor will also grant the
Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation
to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related
to the Project provided such meetings could have an impact on the contractual relations between the Principal
and the Contractor. The parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the
Management of the Principal and request the Management to discontinue or take corrective action, or to take

34
other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the
Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or
tolerate action.
(6) The monitor will submit a written report to the Chairman-cum-Managing Director, HCL within 8 to 10 weeks
from the date of reference or intimation to him by the Principal and, should the occasion arise, submit
proposals for correcting problematic situations.
(7) If the Monitor has reported to the Chairman-cum-Managing Director, HCL, a substantiated suspicion of an
offence under relevant IPC/PC Act, and the Chairman-cum- Managing Director, HCL has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.
(8) The word „Monitor‟ would include both singular and plural.
Section 9 - Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last
payment under the contract, and for all other Bidders 6 months after the contract has been awarded.
If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the
lapse of this pact as specified above, unless it is discharged/determined by Chairman-cum-Managing Director
of HCL.
Section 10 - Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of
the Principal, i.e. Kolkata.
(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.
(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement
remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

____________________________ _______________________________
(For & On behalf of the Principal) (For & On behalf of Bidder/Contractor)
(Office Seal) (Office Seal)

Witness 1: ________________________________
(Name & Address) ________________________________
Witness 2: ________________________________
(Name & Address) ________________________________

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