HINDUSTAN COPPER LIMITED (A Govt of India Enterprise) KHETRI COPPER COMPLEX KHETRI NAGAR – 333 504 Dist.JHUNJHUNU (RAJ.) INDIA Email : [email protected], [email protected] FAX : 01593 220038 / 220002 , TEL : 220065 , 220006,220603

TENDER DOCUMENT ( PART-I)

NO. HCL/KCC/PUR/19/SPM (KCM) 51/RFQ-8550 DATED 25/01/2020

LAST DATE & TIME of submission of Techno-Commercial offer : 17/04/2020 by 2.00 p.m. DATE & TIME of opening of techno commercial bid : 21/04/2020 at 3.00 p.m.

To ,

M/s…………………………………………………………………..

SUB: GLOBAL TENDER NO. HCL/KCC/PUR/19/SPM(KCM)/051/RFQ-8550 DATED FOR SUPPLY OF COMPLETE PEDESTAL MOUNTED HYDRAULIC ROCK BREAKER

Dear Sir,

Offers in TWO PART BID are invited from Manufacturer/Authorized dealer for the procurement of brand-New Rock Breaker Complete to Kolihan Copper Mines, , India. You are requested to go through the details of NIT and submit your offer to AGM (M&C) KCC Khetri Nagar, along with all requisite documents and EMD well before the due date of opening.

1. Pre-Qualification Criteria:

1.1 The Bidder should be Manufacturer/Authorized dealer, who have credential of manufacturing/supplying complete Pedestal Mounted Hydraulic Rock Breaker Machine and are having network facilities in order to support product in India. 1.2 The bidder should submit copy of PO and Invoice / Notarized copy of declaration that they have supplied the same or higher capacity to National or International clients, along with their performance report.

1.3 In case of Manufacturer (OEM): Documentary proof of being manufacture i.e, copy of manufacturing license/ registration with respective Govt.body. 1.4 .The Manufacturer (OEM) has to submit at least one P.O. copy of supplied and successfully commissioned pedestal rock breaker with 3000 ft-lb energy class breaker for hard rock in underground mines during 84 months and their satisfactory running performance certificate from the buyers 1.5 Evidence of sales and service net work facilities in India. 1.6 In case of Authorized dealer, Documentary proof such as certificate from manufacturer (OEM) authorizing the bidder as authorized dealer valid on the date of opening the tender and the documentary proof mentioned at 1.3, 1.4, & 1.5 from their OEM to be submitted.

NOTE: Offer of Bidders who failed to supply in the past or their performance was not satisfactory, their offer shall not be considered.

1

Documentary evidence in support of the above must be submitted in TECHNO-COMMERCIAL [Part-1] BID of the offer.

2. Schedule of Bidding process: HCL shall endeavor to adhere to the schedule provided for under this clause. However, in case, HCL in its discretion under takes any modification in the schedule specified bellow, the same will be conveyed through HCL web site only. Hence, bidders are requested to periodically visit web site for any modification.

Sl. no Event Description Dates 1 Issuance of Tender 25/01/2020 2 Pre-Bid meeting 16/03/2020 at 11 AM at Khetri Copper Complex, Admn Block Conference Hall, 2nd Floor, Khetrinagar. 3 Issue of amendment If any To be published in HCL web site 4 Closing date of Issuance of 17/04/2020 Tender 5 Due date of Bid submission 17/04/2020 14:00hrs 6 Opening of Part -1 bid 21/04/2020 15.00hrs 7 Opening of Price Bid To be intimated to Qualifying bidders 8 Issue of LOI /P.O. To the successful L-1 bidder only

3. Amendment of tender:

3.1 Before Due date of bid submission, HCL may, for any reason, whether at its own initiative or in response to clarification requested by the bidder, modify the tender by the issuance of addendum. 3.2 Any addendum thus issued will be intimated to the bidders by uploading on CPP Portal & HCL website only. 3.3 In order to afford the bidders a reasonable time for taking the addendum into account or for any other reason, HCL may, extend the bid opening due date.

4 Pre Bid Meeting :

4.2.1 A pre bid meeting will be held on 16.03.2020 at 11.00 AM at Khetri Copper Complex, Administrative Block, Conference Hall, 2nd Floor, Khetrinagar. All the interested bidders are requested to attend the pre bid meeting to discuss/ clarify the queries if any. 4.2.2 Quarries w.r.t Pre bid are to be mailed in 7(Seven) days in advance to pre bid meeting date. Beyond which no quarries shall be entertained. 4.2.3 May please be contact to Shri K .Simachalam (DGM/Mech.) for technical queries.Mo. No. 9950231625/ Office No. 01593-220003 and Shri P Bhatacharjee (AGM / M&C) Mo. No.9414145131/ Office No. 01593-222603 , if any query.

(P. Bhattachargee) AGM (M&C) Encl:

1) Detailed Scope of Supply 2) Detailed General Terms & Conditions 3) Tender Documents 4) Annexure-I check list 5) Annexure-II, (PBG format of performance bank guarantee) 6) Annexure-III, (BG format of Security Deposit/EMD) 7) Annexure-IV, (Bank Mandate Form)

2

SCOPE of SUPPLY

1.1 Brief Description and Application: Application Secondary Breaking of oversize Boulders on Grizzly are done with pedestal mounted Rock Breaker in the Underground Mine. Grizzly The grizzly is located on the mouth of Ore Pass raise. Grizzly level is approx. at 600 mm Location down from ground level. Overall grizzly dimension 3.5mt X 3.5mt, with nine openings of 0.85mt X 0.85mt each. Boulder Average oversized boulders are 1.75 m3 [density 3 T/ m3.] Boulder Hardness is 6.5 Mohs Scale of Hardness. Average Compressive Strength 125MPa for Ore Body Operation Machine will be operated round the clock for 6 hrs a shift and total of 18 hrs in a day. Besides breaking, machine will be required for racking and maneuvering the boulders to clear the grizzly after each dumping by drum truck.

1.2 Item Description with Sub-Assemblies Detail: Sl. Materials Material Description Unit Qty No Code ROCK BREAKER COMPLETE WITH HYDRAULIC HAMMER, HYDRAULIC BOOM, HYDRAULIC POWER PACK with PUMP, 1 011200022 ELECTRIC MOTOR, CONTROL SYSTEM ETC. NO 1 NOTE: The Machine should be suitable as per above application and operational requirement with CRADLE/ SIDE mounted breaker. 1.2.1 Pedestal & Boom: Pedestal base and Large pedestal base with heavy duty swing Post, min. 1650 of swing. Heavy Duty swing Post reinforced and all welded inner and outer boom sections. Hoist, Dipper/stick, Swing and Tilt Cylinders [preferably of common bore size and piston size] with Spherical Bushings ends. [GA drawing for all position of Boom to be provided along with technical bid.] Foundation mounting plate and foundation Bolts for concrete Installations. [Foundation drawing with Moment/Force data to be provided along with technical bid]. Auto and Manual Lubrication system with individual grease lines for boom and breaker from common bulkhead. Reach/ Coverage a. At Level 600mm above Grizzly; Reach (measured from machine side-Grizzly end) should be minimum in the span of 0.8mt to 3.35mt with Breaker vertical. b. Coverage Diagram on Grizzly in Plan and Elevation showing Machine position to be provided along with TECHNO-COMMERCIAL [Part-1] BID. c. Available max. vertical room will be 7.0 mt from Grizzly level.

1.2.2 Hydraulic Breaker: Energy Class 3000 Ft-Lb; Suitable to break Boulder of said size and hardness Tentative Specification will be as follows; Operating Weight 1650 Kg approx. Blow Rate 500 to 675 per Minute approx. Oil Flow rate 150-200 LPM approx. Working Pressure 175 Bar approx. Working Tool Dia. (Moil 125 mm approx. Point) Useful Length of Tool 550 mm approx. 1.2.3 Electric Hydraulic Power Pack:

Motor Suitable Motor for Power Pack of reputed make like , Kirloskar, ABB, Crompton, Motor speed 1450rpm + 10%, Available supply will be 415V, 3ph, 50 Hz Pump Suitable Load sensing and pressure compensated Pump of reputed make like Denfos, Parker, Commercial, Vickers Oil Reservoir Oil reservoir of suitable capacity with Oil level sight glass and Temperature indicator, Suction strainer with oil shut-off control; Pressure filter with clog indicator; Pressure Gauge, Return Filter with clog indicator; Large Clean-out Cover; Drain; Low oil level shutdown interlock. Oil Cooler Highly efficient Oil cooler made of cooper tubes, with pusher type cooling Fan suitable to cool the return Oil to min. 50 C below maximum allowable temp of the system. Cooler to be tested at Pressure min.2.0 times the return pressure. Suitable electric 3

motor (of 110V/220V, 50Hz) for cooler of reputed make like Crompton, Kirloskar, Siemens, ABB. Electrical Panel Starter Panel with facility of (1)Low oil level Shut Down relay, (2) Door mounted Start Stop Mushroom head E-Stop (3) Disconnect Switch, (4) Pump Drive Motor Circuit breaker (5) Motor soft starter contactor. (6) Suitable Voltage, Amp Meter.(7) Temperature and Pressure indicator (8) Suction strainer with oil shut-off control (9) Pressure filter with clog indicator (10) Return Filter with clog indicator; Note: 1. Panel Control Voltage 110V, 50Hz. All electrical components etc. should be suitable for it. Note. 2 All the electrical voltage / frequency norms quoted by bidder should confirm to Indian conditions (440V/50HZ). Earth will not be used as neutral /return path. Control Standard Hydraulic Control Solenoid driven multi-valve mounted on stand. Valves should have two levers duel axis handle. 24V solenoids standard. Joystick Control Valve console with two proportional Joy Stick, display screen, Key Switch. Joy Stick Panel mounted in Operator Cabin. 25‟ Control Cable. All boxes and components should meet IP 65 NEMA 4. Lubrication Automatic Centralized Pedestal Lubrication system for all pedestal pivot point. This System greasing system should include motorized grease pump having control to run by a manual switch or automatically via an internal timer. Also it should have provision for manual greasing in case the grease pump does not work. Automatic Hammer Lubrication system; independent motorized greasing arrangement (from Pedestal Lubrication System) with separate grease pump and reservoir to be provided with control to run by a manual switch or automatically via an internal timer. Also it should have provision for manual greasing in case the grease pump does not work

1.2.4 Operator Cabin:

Dimensions Approximate dimension of Cabin: 56” wide x 60” deep x 8‟ tall. Construction Suitable heavy gauge steel sheet filled with min 1.25” (32 mm) polyurethane insulation material: for additional sound-proofing barrier. Cabin Door One door with latch to be provided. Cabin Window One front and one side windows. Windows to be fitted with min ½” (12 mm) safety glass with good visibility with steel mesh window covers. Operator Chair Good quality adjustable height standard Operator Chair to be provided

Cabin Fan & One Cabin Fan of 220V, 50Hz to be suitably fitted Light Control Panel Control panel with display unit and 2 Joy Stick Consoles (One for Breaker, One for arm movement) with additional electrical on/off switch, and panic bottom.

1.3 Items Inclusive in Standard Scope of Supply:

1.3.1 Spares/Consumables: Spares/Consumables required for 12 months (8000 hrs) guaranteed operation. 1.3.2 Spare hydraulic Cylinders for each size of Hydraulic Cylinders fitted in the offered machine and Spare Joy sticks are to be supplied by the Bidder along with the Equipment as standard scope of supply. List of such spares to be provided in Technical Bid. 1.3.3 Moil Point: Total six (1+5) number Pointed Moil Points are to be supplied with the Breaker as standard scope of supply. 1.3.4 First Filling: The party has to provide first fills as standard scope of supply. 1.3.5 Erection & Commissioning: Erection & Commissioning will be under scope of Bidder. 1.3.6 Training: The Bidder has to provide initial maintenance and operation training to the staff of KCC/KCM at their own cost. 1.3.7 Test report: Complete in-house full load motion testing to be done. Test report to be submitted along with supply.

1.4 Note: 1.4.1 Tools & Tackles: All tools and tackles have to be arranged by the Bidder at the time of commissioning. However, facility of LHD, LOCO may be arranged for lifting and shifting of the equipment to underground mines from surface site at KCM. 1.4.2 Civil foundation: Construction of Civil Foundation will be under the scope of M/s HCL. Bidder has to submit the detail Foundation drawing with the technical Bid. 1.4.3 Electrical Supply: Only 415V, 3ph, 50 Hz Electrical Supply will be provided up to control panel 1.4.4 Color: Color of the equipment preferably be Golden Yellow. 1.4.5 Recommended spares: List of recommended spares required after guaranteed operation period (one year) to be provided. *** 4

SUBMISSION OF OFFER

On-line Tenders are invited from bidders of tendered items mentioned in the NIT for supply to our Khetri Copper Complex Unit, Khetrinagar, Dist. Jhunjhunu, (Rajasthan.) You are requested to submit your quotation through, Central Public Procurement Portal (e Procurement) (CPP) of Govt. of India who is the service provider to HCL, under two part bid system for the following items and as per terms and conditions attached herewith. The quotation must be quoted On-line at URL https://etenders.gov.in/eprocure/app

All terms and conditions can be viewed and agreed upon along with Due Date of Closing and evaluation.

The following may please be noted by the bidders:

1) Bidders already having DSC 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 in CPPP. Pl. attach scanned copies of Documents while bidding online thru’ CPPP. 3) EMD to be submitted in RTGS/NEFT form only. No DD to be submitted as EMD. In case of high value tenders, EMD BG to be submitted in hard copy. 4) Bidder has to check Corrigendum uploaded against the TE from time to time on CPP portal and re-submit their bids in case of any change in their offer due to the “Corrigendum”, before the final bid Submission date / time. 5) For bidders registration or Bid submission Procedure is also available “Bidder Manual Kit” in https://etenders.gov.in/eprocure/app 6) Bidders submitting irrelevant documents in CPP Portal are likely to be rejected.

7) If found ,at any stage, that any documents submitted by a bidder is false or forged, their bid or awarded work may be cancelled/discontinued at the discretion of HCL.

Following Documents / Certificates are required to be attached by the bidder in a cover " Other Important Document" , at the time of bidding. .

1. MSME/ NSIC / SSI certificates. 2. Manufacturing certificate / Authorized valid dealership / Distributor Certificate. 3. Scanned copy of order and invoice of Last supply of tendered or similar items required as per NIT. 4. ISO / BIS valid certificate. (If applicable.) 5. GST csrtificate / PAN 6. Performance certificate of tendered item supplied to any other organizations (If applicable.)

Registration procedure:

1. Please visit the Link https://etenders.gov.in/eprocure/app 2. Click on „Online Bidder Enrollment‟. 3. Put your Login ID (Enter email address for login id. eg: [email protected]. 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 / n Code / e Mudhra 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-Qual/Technical‟ box to upload technical cover documents. 5

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.

GePNIC 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 : [email protected]

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

Note -1: The price bids (Part-1) of those tenderers whose Part-1 offers are accepted will only be opened.

Note-2 : Only Original Bank Guarantee and Bank mandate with a copy of cancelled cheque to be submitted in hard copy and copy of drawings if required. The same should reach to The Asst. General Manager (M &C ), Purchase Department, IIIrd Floor Administrative Building, Khetri Copper Complex, Khetri Nagar -333 504, Distt. Jhunjhunu (Rajasthan), on or before the Closing Date & time of the Tender as specified in the Enquiry. The scanned copy of your techno commercial bid, PQC & other supporting documents to be submitted on line through CPP Portal only.

Offers submitted in hard copy will not be accepted.

The interested parties should go through the given Terms & conditions before submitting their offer online.

HCL reserves the right to cancel the tender or award the contract in part or full at its sole discretion.

The enclosures are :

1. Special Terms & Conditions of Tender Enquiry 2. General Terms & Conditions of NIT 3. Format for submission of BG against EMD /SD/PBG 4. Format for RTGS payment (Bank Mandate).

Thanking you,

Yours faithfully,

(P. Bhattachargee) AGM (M&C)

6

GENERAL TERMS AND CONDITIONS

1.1.1 Tender documents is free of cost. 1.1.2 All entries in the quotation should be entered at on-line submission form without any ambiguity and can be corrected by the vendor till the date and time of closing. The last modified quotation will be taken into consideration only. 1.1.3 Quotation cannot be accessed on-line after the DUE DATE. 1.1.4 Any order resulting from this enquiry shall be governed by the following terms and conditions in addition to those mentioned in order. 1.1.5 Price Bid: Price Bid shall be submitted through Central Public Procurement System through Internet. Price bid of Techno-commercially acceptable Bidders ONLY, as assessed by HCL, shall only be evaluated. The schedule and details of e-procurement event shall be communicated by HCL/Service Provider (CPP Portal) to the techno-commercially accepted bidders. During the online Central Public Procurement, 1.1.6 Rating of L1 bidder shall be done on lowest total quoted value on the basis of delivered cost, i.e. 'total cost to HCL'. The interested parties should go through Terms and Conditions of the tender before submitting their offer on-line. 1.1.7 The bidders who strictly fulfill the Pre-qualification criteria should only submit their offer on-line on CPP Portal mode in two parts. The Part-I shall consist of "Qualification & Techno Commercial Bid" and Part- II shall be “Price Bid”. The bidders, in proof of their fulfillment of Pre-qualification criteria, have to furnish the required documents on-line. The relevant documents along with the required EMD, a copy of tender document duly signed and stamped on each page in acceptance of all terms and conditions and relevant Annexure as mentioned in the tender documents, duly filled shall have to be submitted on line through CPP Portal System on line only. The bidders must ensure that the above details and EMD are received by HCL before the due date of closing of bids on CPPP. 1.1.8 Key features in Purchase Procedures: - Use of On-Line Central Public Procurement System for price bid. - Vendors can access the evaluation statement on-line after the bid evaluation is over. - Price evaluation will be on lowest total quoted value. - Once the Central Public Procurement is closed, bidders shall not be allowed to revise their price And /or withdraw their offer for any reason whatsoever. 1.1.9 HCL REQUESTS BIDDERS TO RESPOND TO THIS ENQUIRY WITHOUT FAIL. IN CASE BIDDERS ARE NOT IN A POSITION TO SUBMIT THEIR OFFER, BIDDERS ARE REQUESTED TO AT LEAST SEND REGRET LETTER AS AVAILABLE ON-LINE AT Central Public Procurement,IF NO RESPONSE IS RECEIVED; BIDDER‟S NAME IS LIABLE TO BE DELETED FROM OUR MAILING LIST. 1.1.10 Format and Signing of TECHNO-COMMERCIAL [Part-1].The bidder shall provide all the information sought under this tender. HCL will evaluate only those bids that are received in the prescribed BOQ and complete in all respects. The bid shall be typed or written in indelible ink and signed by the authorized signatory of the bidder who shall also sign on each page. All the alterations, omissions, additions or any other amendments made to the bid shall be initialed by the person(s) signing the bid. 1.1.11 Part-II of the bid shall consist of the quotation of prices as BOQ format as per PRICE BID, TENDER DOCUMENT (PART-II) and not in the Price Bid format available On-Line. 1.1.12 Part-I Bid on line shall bear the TENDER Reference: 1.2 Bid Due Date : Due date of submission of Bid Documents is as in Schedule of Bidding process and in the manner and form as detailed in this TENDER. 1.3 HCL may, in its sole discretion, extend the bid due date by issuing a corrigendum.

2. PRICE BID

Bidder should quote the rates through Central Public Procurement System through Internet as separate BOQ format as in PRICE BID, TENDER DOCUMENT (PART-II). Price bid of Techno- commercially acceptable bidders ONLY as assessed by HCL and shall only be evaluated. The schedule and details of e-procurement event shall be communicated by HCL/Service Provider (Central Public Procurement System to the techno-commercially accepted bidders. During the online Central Public Procurement System, Price to be submitted as separate attachment in BOQ format as per PRICE BID, TENDER DOCUMENT (PART-II) and not in the Price Bid format available On-Line. Rating of successful bidder shall be done on lowest quoted rate basis.

3. TENDER VALIDITY :

All quotation must be kept valid for at least 180 days from the opening of the Tender.

4. ACCEPTANCE/ REJECTION

4.1 Only online offer through Central Public Procurement System, under two part bidding system will be considered.

7

4.2 Hindustan Copper Limited, Khetri Copper Complex reserves the right to reject any or all the tenders / offers and award the order in part or in full at its sole discretion without assigning any reason thereof. 4.3 HCL, KCC reserves the right to cancel the enquiry or extend the due date without assigning any reasons whatsoever.

5. EARNEST MONEY :

The bidder has to deposit an amount of Rs.2,25,000/- (Rupees Two Lacs and Twenty Five Thousand only) or Equivalent USD [$] on the date of submission towards EMD by A/C payee Demand Draft/Banker‟s Cheque/ RTGS payable at State , Khetri Nagar Branch/ Indian Overseas Bank, Kolihan Nagar Branch drawn in favor of Hindustan Copper Limited, is to be enclosed with the offer. The EMD can also deposit in the form of BG and that should be valid for one year from the date of tender opening. The earnest money deposited shall not carry any interest. Without earnest money, offer will not be considered. Adjustment of any pending amount whatsoever, against EMD will not be considered.

Please note that EMD amount submitted in the form of DD, other than SBI/IOB banks, the same will be returned after deduction of collection charges after finalization of tenders.

5.1 In case bidders who are not having facility of SBI/IOB in their region, they may submit the EMD amount as under:- 5.1.1 In the form of Bank Guarantee issued by any scheduled commercial bank, drawn in favor of Hindustan Copper Limited and payable at Khetri Nagar/ Kolihan Nagar, in the format at ANNEXURE III (in case of “Bank Guarantee”) and having a validity period of not less than one year from the Bid Due Date, exclusive of a claim period 60 (sixty) days. 5.1.2 Through RTGS directly in HCL‟s account as per given details. The proof of details of RTGS transfer of EMD amount should be sent through e-mail and a copy of same should be attached along with techno commercially bid. Details for RTGS : i) Account holder‟s name: Hindustan Copper Limited. ii) Account No.: 51032062450. iii) IFSC No. : SBIN0031133 (). 5.1.3 For the successful bidder, the EMD shall be refunded only after submission of Security Deposit as per Clause 15. The EMD will be forfeited if successful bidder fails to accept the order. ` 5.1.4 EMD for other bidder will be refunded after finalization of tender. 5.2 Following are exempted from submission of EMD. 5.2.1 Public Sector Undertaking /Govt. Dept/Govt. Institutions. 5.2.2 Micro and Small Enterprises registered with Districts Industries Centers (DICs)/Khadi & Village Industries Commissions (KVIC)/ Khadi & Village Industries Boards (KVIB)/Coir Board/NSIC/Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small & Medium Enterprises up to the extent of their monetary limit . For MSEs, the exemption from submission of EMD is to be granted only for the items for which they are registered with the concerned authorities.

6. POLICY FOR MSEs UNDER PUBLIC PROCUREMENT BILL 2012: Those MSEs which are registered with Districts Industries Centers (DICs) / Khadi & Village Industries Commissions (KVIC)/ Khadi & Village Industries Board (KVIB) / Coir Board/ NSIC/Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small & Medium enterprises are eligible for availing benefits under the Public Procurement Policy. In tender, participating MSEs quoting price within band of L1+15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 price in a situation where L1 price is from someone other than an MSE. Such MSEs shall be allowed to supply up to 20% of total tendered value. In case of more than one such MSE, the supply will be shared proportionately(to tendered quantity). Policy is meant for procurement of only goods produced and services rendered by MSEs. A sub-target of 4% (Four per cent) is earmarked for procurement from MSEs owned by Scheduled Caste (SC)/ Scheduled Tribe (ST) Entrepreneurs. However, in the event of failure of such MSEs to participate in tender process or meet tender requirements and L1 Price, 4% sub-target for procurement earmarked for MSEs owned by SC/ST Entrepreneurs will be met from other MSEs. MSEs participating against the tender should submit the necessary documentary evidence for availing the facility of the policy. The MSEs owned by SC/ST has to submit caste certificate issued by competent authority along with the offer.

6.1 While preparing text for the bidding documents, all the procuring agencies must contain the following paragraphs in all the procurements of goods and services to facilitate MSME sector in India:

6.2 Micro and Small Enterprises [MSEs] shall be eligible for availing all the benefits as laid down under the Public Procurement Policy for MSEs [Order 2012]

6.3 The condition of prior turnover and prior experience shall be relaxed for Startup Medium Enterprises [whether MSEs or otherwise] subject to meeting of quality and technical specifications of the tender.

6.4 The parties participating in the bidding shall have to provide documentary evidence of being registered as MSMEs to avail benefits available in this segment. Note : Being a single item to procure , MSME clause will not be applicable. 8

7. PRICE:

7.1 The prices quoted should be on F.O.R. Khetri Nagar (Rajasthan) basis and should be inclusive of packing, forwarding, freight and insurance and other charges/taxes, if any. However, break up of Basic, Packing and Forwarding, freight, Insurances and other charges/taxes should be clearly mentioned. 7.2 Evaluation of the tender shall be on the basis of delivered cost, i.e. 'total cost to HCL' w.r.t the technical scope and commercial conditions finalized after techno-commercial clarifications (after considering, inter alia, Customs Duty and GST / Other taxes as applicable) 7.3 RATE to be quoted in INR/USD. For USD bidding, the taxes & duties including, income tax, which are to be borne and paid by HCL, shall be added to the quoted price for price bids submitted in USD for the purpose of price evaluation at the applicable rates as on date of opening of tender and this will be applicable for evaluating L-1 Price. Hence the bidder who bid in USD must specify the taxes which the bidder will bear and is included in the Price bid amount. 7.4 In case of overseas bidder, the exchange rate will be the SBI TT Selling rate of exchange prevailing on the date of opening of tender ( Part-1 ). If the relevant day happens to be a bank holiday in India, then the FOREX rate as on the previous bank working day shall be taken for evaluation. 7.5 The prices quoted shall remain FIRM & FIXED from the date of tender opening till the validity of the Purchase order.

8. DELIVERY: Delivery period within 6 months from date of issue of PO. However bidder should quote their min. delivery period.

9. PERFORMANCE BANK GUARANTEE: The bidder will undertake guarantee [Format as in ANNEXURE-II ] for successful operation and performance of the equipment for a minimum period of 12 months (8000 working hrs) from the date of commissioning or 18 months from the date of dispatch of material whichever is earlier. Towards this the bidder should furnish Bank guarantee equivalent to 10% of the value of Purchase order. The Performance Bank guarantee will be released after 12 months successful operation of Rock Breaker from the date of commissioning.

10. ERECTION AND COMMISSIONING: Erection & Commissioning will be under the scope and responsibility of the suppler.

11. WARANTEE: The supplier will give warrantee of 12 months (8000hrs) successful operation of the Rock Breaker from the date of its commissioning. If the delivery is found non-compliant during the warranty period, leading to rejection, the Seller shall arrange free replacement / repair of goods, within one month from the date of intimation or any mutually agreed period. The rejected goods shall be taken away by the Seller at his own cost and replaced on Delivered Duty Paid (DDP) (FOR Khetri Nagar)

12. TRAINING: The party should undertake the responsibility for providing initial training for maintenance and operation to the staff of HCL, KCC/KCM at its own cost.

13. SPARE PARTS: In addition to spare parts/items covered under performance warranty, the bidder shall also indicate spare parts with prices required for two years for maintenance and operation after commissioning. However, these indicative prices will not have any bearing on evaluation of the tender. Such list should be provided along with Techno commercial bid.

14. SECURITY DEPOSIT : Individual successful [ L-1] bidder shall, on receipt of purchase order, deposit a sum equivalent to 5% ( five per cent) of the basic order value of the ordered quantity towards the Security Deposit with HCL/KCC positively within 30 days from the receipt of order in the form of Demand Draft /Bank Guarantee [Format at ANEXURE -III] from an Indian Bank or Foreign Bank having branches in India as per the enclosed format. And only on submission of this, the Earnest Money Deposited will be refunded. In case, the Security Deposit is furnished by way of Bank Guarantee, it has to be kept valid till satisfactory fulfillment of the contractual obligation by the bidder plus grace period of six months. The Security Deposit shall be summarily forfeited in case of any bidder who fails to honour contractual obligations. The Security Deposit does not carry any interest.

15. MODE OF PAYMANT: The payment will be released after getting the satisfactory report from the Engineer – in – Charge after successful execution and commissioning of equipment. Deduction, if any, will be recovered from the due payments. Payment of bills is liable to be with held or delayed in the event of the bidder failing to submit the necessary documents.

15.1 HCL shall release the payment due to the bidder electronically. The e-payment facility is available under INTERNET mode through SBI and RTGS presently. The RTGS charges are to be borne by the bidder. The bidder shall submit duly filled bank mandate form in duplicate with due authentication from their banker to avail e-payment facility. The prescribed Mandate form is appended at ANNEXURE – IV.

Note: Payment term in the form of PI and any other as advance payment before supply shall not be accepted and the offer may not be considered.

9

15.2 HCL does not pay overdue interest. Further, all bank charges will be to the bidder‟s account.

16. TERMINATION OF ORDER: HCL reserves the right to terminate the ORDER at any time at is sole discretion by giving one month notice in writing. The BIDDER will have no claim on HCL due to such termination of the ORDER.

17. RISK PURCHASE: In case, the bidder fails to supply of material as per purchase order, HCL will be at liberty to buy the product from other source(s) at the bidder‟s risk and cost.

18. LIQUIDATED DAMAGE: In the event of goods not being delivered to the buyer within the prescribed delivery schedule mentioned in the order, the seller shall pay to the buyer a sum equal to 0.5 % of the basic order value of the late delivered material per week or part thereof delay, by way of liquidated damage subject to a maximum of 10% of basic purchase order value.

19. INSPECTION: a). Inspection at our site shall be final and binding. However, KCC reserves the right to inspect at any stage of processing at manufacturer's end. In such case supplier will extend all assistance to the Inspector authorised for the purpose and his observations would be final and binding on the supplier. The buyer or his representative shall at all reasonable times have an access in the supplier‟s premises or any other premises where the goods are lying to inspect and test the goods at all stages or execution until these are accepted. Any portions of the goods rejected at the seller or the buyer‟s premises shall immediately be replaced by the seller at his own expenses. Final inspection will be done on receipt of all materials at KCC. However party should ask for inspection clearance before dispatch of material.

b). Performance of the supply will be certified after commissioning of the equipment at site.

20. STATUTARY REGULATIONS: The supply, dispatch and delivery of materials shall be arranged by the supplier in strict conformity with all applicable Statutory Regulations including provisions of Industries Development and Regulations Act, 1951 and any amendment thereof as applicable from time to time. HCL disowns any responsibility for any irregularities or contraventions of any of the Statutory Regulations in manufacture and the supply of the material covered by the order

21. REPLACEMENT OF REJECTED MATERIAL ON FREE OF CHARGE: The bidder has to give an undertaking along with the offer that in case of rejection of material, the same will be replaced immediately free of charge, however, the bidder can depute his representative to inspect the prematurely failed material at our site/complex.

22. FORCE MAJURE EVENTS:

If at any time during the continuance of this Purchase order, the performance in whole or in part by either party of any obligation under this purchase order shall be prevented or delayed by reason of war, act of hostility of public enemy, civil disruption or sabotage, fires, floods, explosions, epidemics, quarantine restriction, strikes, lock-outs or acts of God (here-in-after referred to as events), provided notice of the happening of any such eventuality is given by the either party to the other within 21 days from the date of occurrence thereof, neither party shall by reasons of such event be entitled to terminate this purchase order 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 purchase order. Provided also that such performance/execution under the purchase order should commence as soon as practicable, after such event has come to an end or ceased to exist, and the decision of HCL as to whether the performance has been so resumed or not shall be final and conclusive. Provided further that if the performance in whole or in part or any execution under this purchase order is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may opt to terminate the purchase order. If the purchase order is terminated under this clause, HCL shall have liberty to take over from the Supplier at a reasonable price, all unused, undamaged and acceptable materials, machinery, equipments, etc. at the site, being used for the performance of the purchase order and in the possession of the Supplier at the time of such termination of such portion thereof as HCL may deem it fit, except such materials, equipments, etc that the Supplier may with the concurrence of HCL elect to retain. It is also understood in addition that this force Majeure clause will cover parties‟ inability to perform on account of change in law or imposition of rules or restrictions by the Government.

22.1 Termination due to Events of Default

22.1.1 If HCL decided to terminate this purchase order, it shall in the first instance issue Preliminary Notice to the Supplier. Within 15 days of receipt of the Preliminary Notice, the Supplier shall submit to HCL in sufficient detail, the manner in which it proposes to cure the underlying Event of Default (the “Supplier‟s Proposal to Rectify”). In case of non submission of Supplier‟s Proposal to Rectify within the said period of fifteen (15) days, HCL shall be entitled to terminate this purchase order by issuing Termination Notice, and to appropriate the Performance Security, if subsisting. 10

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

22.2 Foreclosure of Purchase order Full or in Part If at any time after acceptance of the TENDER, HCL shall decide to foreclose or reduce the scope of the order quantity and hence not require the whole or any part of the Order quantity to be carried out, the Person in Charge shall give 10 days notice in writing to that effect to the Supplier, provided that, in the event, any such action is taken by HCL, the Supplier shall be paid full amount for the up to date quantum of supply executed at our site as per billing schedule under the relevant items of supply under the purchase order and in addition, a reasonable amount as certified by the Person in charge or any other agency appointed by HCL for those supplied items which could not be utilized for execution of the order to the full extent because of the foreclosure.

22.3 Amicable Resolution

22.3.1 Save where expressly stated to the contrary in this purchase order, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Purchase order including disputes, if any, with regard to any acts, decision or opinion of the Engineer-in-Charge and so notified in writing by either Party to the other (the “Dispute”) shall in the first instance be attempted to be resolved amicably in accordance with the procedure set forth in Article (b) below. 22.3.2 Either Party may require such Dispute to be referred to the Unit Head of HCL and the Supplier for amicable settlement. Upon such reference, the two shall meet at the earliest as per their mutual convenience and in any event within fifteen (15) days of such reference to discuss and attempt to amicably resolve the Dispute. If the Dispute is not amicably settled within fifteen (15) days of such meeting, either Party may refer the Dispute in accordance with the provisions of Article (c) below. 22.3.3 In the event that any Dispute has not been resolved as per the provisions of Article (b) above, the same shall be referred to the director or a person of equivalent designation, of HCL and the Supplier for amicable settlement. Upon such reference, the two shall meet at the earliest as per their mutual convenience and in any event within fifteen (15) days of such reference to discuss and attempt to amicably resolve the Dispute. If the Dispute is not amicably settled within fifteen (15) days of such meeting between the two, either Party may refer the Dispute to arbitration in accordance with the provisions of Arbitration clause as below.

23. ARBITRATION : Any dispute(s) of difference(s) of any kind whatsoever arising between the parties out of, or relating to the construction, meaning, scope of supply, operation or effect of the purchase order or its validity or its breach thereof, if not settled mutually, shall be referred by the parties to this purchase order 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.

23.1 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 impartiality 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 the parties each and one arbitrator appointed by both the above arbitrators.

23.2 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.

23.3 The duration of proceedings and the fee structure will be governed by the 2015 Act. The venue of the Arbitration Shall be KCC, Khetri Nagar (Rajathan) only. The award of the arbitrator shall be final and binding on the parties. Any dispute, which arises at any point of time out of arbitration, shall have the jurisdiction of the Court of Khetri, Rajasthan.

11

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

23.5 The award of the Arbitrator shall final and binding on the parties of this Agreement.

24. JURISDICTION OF COURT: Any cause of action arising out of this contract will be subject to the Jurisdiction of Khetri, District: Jhunjhunu (Raj) India only.

25. All changes in the NIT including the extension of the date of opening etc, if any would be posted only on the website of the company i.e. www.hindustancopper.com and the prospective bidders should be keep in touch with the company‟s website for update before submitting their bids.

26. IDENTICAL PRICE : L-1 bidder will be decided on LANDED COST [FOR KHETRINAGAR] i.e. 'total cost to HCL' & order will be placed on L-1 bidders only. In case, quoted price of two or more bidders found L-1 with same price, in that case, revised price bid will be taken again in sealed envelope only from all those bidders whose prices are same L-1. Revised offer will be opened on revised scheduled date and time & order will be placed on L-1 bidder.

27. Being a single item quantity is only one number bifurcation of qty is not possible so that MSEs clause is not applicable.

28. Please submit GST No, HSN Code & PAN No. Please do the vendor registration at our web site: www.hindustancopper.com this is compulsory for all vendors/Bidders.

29. The work during its progress can also be inspected by the Chief Technical Engineer/ Technical Examiner of Central Vigilance or by an officer of Vigilance Cell of HCL independently on behalf of the Engineer-in- Charge.

30. In case of repetitions in terms and conditions elsewhere in the NIT, the terms and conditions appearing under „Special Terms and Conditions‟ shall prevail.

*** SPECIAL TERMS FOR OVESEAS SUPPLIERS/IMPORTERS.

1. All prices should be indicated as under: FOB/FAS Vessel Port of shipment (Indicating handling and terminal charges, documentation free etc.,) If prices are ex-works, please intimate percentage charges to be added towards packing, Inland freight forwarding, documentation etc., to arrive at FOB/FAS value.

2. Percentage of INDIAN AGENCY commission and whether it is included in the prices quoted should be clearly specified. Name and Address of agent in India should also be indicated. This will be payable on receipt of correct material at site in equivalent Indian rupees. However, we would like to avoid any agent in dealing and would entertain correspondence direct with the principal.

3. Country of Origin: Manufacturer‟s name and address ( in full) and technical catalogue with specifications of material to be enclosed.

4. CTN No. Brussels Tariff nomenclature or Customs co-operation council, Nomenclature number, against respective items be quoted.

5. Export & Import License: Material will be imported under Import Export Policy 2002-2010, as per Chapter 5 of Government of India or latest amendment if any.

6. Foreign suppliers shall ensure that the benefits as applicable under Comprehensive Economic Partnership Agreement (CEPA) with Government of India are disclosed in the bid & relevant documents such as Certificate of Country of Origin, issued by the appropriate authority in the country of Export, is provided by the vendor along with dispatch documents. Bids shall be evaluated with such applicable benefits. In the event of Seller failing to provide appropriate documents for Purchaser to avail disclosed concessional duty benefits in India, financial loss, so incurred, will be to the Seller's account.

(P. Bhattachargee) AGM (M&C)

12

ANNEXURE - I RFQ No.8550 (HCL/KCC/PUR/19/SPM/KCM/51) Dated 25/01/2020

(To be filled in and submitted with Techno Commercial Bid in connection with (HCL/KCC/PUR/19/SPM/KCM/51- RFQ No.8550 Dated 25/01/2020 for the supply of Rock Breaker Complete, 1. Name & registered address

2. Whether manufacturer/authorized dealer Yes/No 3. Whether supply of material as per Specifications given in our NIT or not? Yes/No 4. Whether submission is in two part bid system or not? Yes/No 5. Whether Techno commercial bid contain the following or not? a) EMD as per clause No.5 of General Terms & conditions Yes/No b) GENERAL TERMS AND CONDITIONS of tender documents duly filled, signed Yes/No and stamped as a token of Bidder‟s acceptance of all the terms & conditions mentioned there in through CCP portal. Yes/No c) Photocopy of valid NSIC certificate if SSI Unit registered with NSIC claiming EMD exemption to submit on through CCP portal. Yes/No d) Documentary proof in support of manufacturer/authorized dealer manufacturer of Rock Breaker and supply of at least one number PO copy / as per NIT. 6. Whether Security Deposit clause is acceptable or not? Yes/No 7. Whether Validity of offer is 180 days or not?. Yes/No 8. Whether rates are on FOR destination basis or not?. Yes/No 9. Whether Prices are FIRM & FIXED or not?. Yes/No 10. Whether Delivery schedule is acceptable or not?. Yes/No 11. Whether performance guarantee clause is acceptable or not? Yes/No 12. Whether performance Bank Guarantee clause acceptable or not?. Yes/No 13. Whether Erection & commissioning clause is acceptable or not? Yes/No 14. Whether Training clause is acceptable or not?? Yes/No 15. Whether spares for 12 months (8000 hrs) after commissioning will be is provided or not? Yes/No 16. Whether payment clause is acceptable or not? Yes/No 17. Whether acceptance/rejection clause is acceptable or not? Yes/No 18. Whether termination of order clause is acceptable or not? Yes/No 19. Whether risk purchase clause is acceptable or not? Yes/No 20. Whether Force Majeure clause is acceptable or not? Yes/No 21. Whether liquidated damage clause is acceptable or not? Yes/No

22. Whether Arbitration clause is acceptable or not? Yes/No 23. Whether Jurisdiction is acceptable or not? Yes/No FOR OVERSEAS SUPPLIERS/IMPORTERS: 24. Freight to port is mentioned or not? Yes/No 25. FOB/FAS charges is mentioned or not ? Yes/No 26. Percentage of Indian agency commission is inclusive in the prices or not? Yes/No 27. Country of origin is mentioned or not? Yes/No 28. CTN No. mentioned or not? Yes/No 29. Details of export & import license is given or not? Yes/No

Signature of Tenderer with name, Designation and office seal.

13

ANNEXURE - II

PROFORMA OF BANK GUARANTEE FOR THE PURPOSE OF SUBMISSION OF PERFORMANCE GUARANTEE (On Non-judicial stamp paper of appropriate value)

Bank guarantee format for Performance Guarantee

(To be stamped in accordance with Stamp Act

If any, of the Country of the issuing Bank)

Bank Guarantee No………….

Date……………………..

To

*Purchaser’s Name & Address+

Dear Sirs, In consideration of the…*Purchaser’s Name+…..(Hereinafter referred to as the ‘Purchaser’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having awarded to M/s….*Contractor’s Name+……………….with its Registered/Head Office at……………….(Hereinafter referred to as the ‘Contractor’. Which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issue of Purchaser’s Purchase Order No………dated……and the same having been acknowledged by the contractor, for………..(Contract sum in figures and words+ for………*Name of the work+ and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to 10% (*)…………of the said Purchase order value of the aforesaid work under the Purchase Order. We…………*Name & Address of the Bank+………….having its Head Office at…………….(hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Purchaser’s on demand any and all monies payable by the Contractor to the extent of……….(*) as aforesaid at any time up to…….(@)………..*days/month/year+ without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor. Any such demand made by the Purchaser’s on the Bank shall be conclusive and binding notwithstanding any difference between the Purchaser’s and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Purchaser’s and further agrees that the guarantees herein contained shall continue to be enforceable till the Purchaser discharges this guarantee or till….*days/month/year+ whichever is earlier.

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

14

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

Dated this…………………Day of………….2019………………at………………….

WITNESSES:

Signature…………….. Signature…………………

Name……………………. Name……………………..

Official Address……………………… Official Address………….

Designation…………………………….

Bank’s Common Seal……….

Attorney as per Power of Attorney

Signature………………………………… Name……………………………………… No………………………….. Address…………………………………….

15

ANNEXURE - III BANK GUARANTEE FOR THE PURPOSE OF SUBMISSION OF

SECURITY DEPOSIT / EMD (On Non-judicial stamp paper of appropriate value) To,

Hindustan Copper Ltd., …………………………………. …………………………………. ………………………………….

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 all respects and for all purposed 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 of 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 authorized to sign on behalf of the Bank)

16

ANNEXURE – IV

To be submitted in Duplicate

MANDATE FORM FOR ELECTRONIC PAYMENT THROUGH INTERNET (For RTGS Facility)

To Hindustan Copper Limited, Khetri Copper Complex, PO: Khetrinagar – 333504, Dist. Jhunjhunu (Raj.) INDIA

Dear Sir,

Sub: Authorization for release of payment due from Hindustan Copper Limited, Khetri Copper Complex, henceforth through Electronic fund transfer RTGS.

(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 : 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 updating of records for purpose of credit of amount through RTGS.

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) N.B.: 1) RTGS facilities Centre: New , Chandigarh, Kanpur, Jaipur, , Mumbai, Nagpur, Hyderabad, , , Trivandrum, , Bhubaneswar, Guwahati, Patna. 2) RTGS charges if any, is to be borne by the party.

17