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MMTC LIMITED (A Government of India Enterprise) Core-I, SCOPE Complex, 7, Institutional Area, Lodi Road, New Delhi- 110

003 (India) Tel. NO. 0091-11-2436 0590 Fax No: 0091-11-2436 63 62 / 2436 2773

email: nkm@mmtc.nic.in

TENDER FOR IMPORT OF LOW ASH METALLURGICAL (LAM) COKE


TENDER NO.MMTC/C&HC/COKE/17/2004 DATED: 20 th February 2004

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MMTC Limited invites bids for import of 30,000 Metric Tonnes+/-10% (shipping tolerance) Low Ash Metallurgical (LAM) Coke for shipment by 15th March 2004 with option to import one cargo of similar size additionally at purchasers option. The shipment schedule for the optional cargo shall be by 30th March 2004. The vessel for MMTC shall not carry any cargo on account of other buyers. TECHNICAL SPECIFICATION OF LOW ASH METALLURGICAL (LAM) COKE: PARAMETER GUARANTEED SPECIFICATIONS 3 5.0% MAX 12.50% MAX 1.0% MAX 0.60% MAX. 0.030% MAX. 82% MIN. 7% MAX. 62% MIN. 23% MAX. 6% MAX. 4% MAX. REJECTION 4 10% Above 13.5% Above 1.50% Above 0.80% Above 0.035 % Below 78% Above 9% Below 60% Above 26% Above 8% Above 8%

SPECIFICATION S.N. 1. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11

2 MOISTURE (AS RECEIVED) ASH (DRY BASIS) VOLATILE MATTER (DRY BASIS) SULPHUR (DRY BASIS) PHOSPHOROUS (DRY BASIS) MICUM 40 MICUM 10 CSR CRI +80 MM -30 MM

Alternative specifications can also be offered for our consideration. 3.0


Bidders are required to submit their offers for the supply of Low Ash Metallurgical (LAM) Coke on the basis of FOB (Trimmed), named port(s) of loading and CIF (Free Out) Paradip Port , East Coast of India, separately indicating freight Per Metric Ton and insurance. Placing Order on FOBT and CIFFO shall be at the option of PURCHASER. Sellers shall extend LIBOR based credit from the date of negotiation of documents till due date. Due date for payment as per L/C shall be 121st / 181st day from the date of Bill of Lading. Price Bid to be submitted as per Annex II.

TENDER NO.MMTC/C&HC/COKE/17/2004

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EMD/Bid Bond Parties who have already supplied LAM coke to MMTC are exempted from submission of EMD. Other bidder/s are required to submit EMD either by Demand Draft payable to MMTC Ltd., at New Delhi or in the form of Bank Guarantee issued by any scheduled bank at New Delhi at the rate of US$0.25 PMT or Rs 10PMT of quantity offered subject to a minimum of USD 5000 or Rs 200,000. Format of BG is enclosed at Annexure-III. The BG shall be valid up to 30 (thirty) days after the closing date of Tender. Failure of signing the contract and or establishing the performance guarantee within the time allowed as per clause 5 shall be construed as a failure and the EMD can be invoked.

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The successful bidder whose bid is accepted shall sign the contract and execute a performance guarantee bond in the form of a Bank Guarantee (as per the prescribed form) for an amount covering 2% (two percent) of the contract value. The duly signed contract and performance Bank guarantee as per our proforma shall reach the purchaser within 7 days from the date of issue of Letter of Award (LOA). Within 3 days after receipt of duly signed contract and performance guarantee, Letter of credit shall be established by the Purchaser. PG shall be issued by any commercial bank in Delhi/New Delhi. Non-signing of the contract/non-performance of the contract within the allowed period will be construed as a failure and the P.G. can be invoked. Draft Survey Weight: THE weight of the MATERIALS delivered at the port of loading shall be ascertained by means of draught survey conducted by M/s SGS Ltd, appointed and paid directly by the Purchaser. M/s. SGS Ltd shall issue Draught Survey Weight certificate(2 Nos.) in original to the seller. The Draught Survey Weight certificate showing the weight of cargo loaded on board the vessel shall contain the forward, aft and mid drafts, tank readings, density of sea water taken during the draft surveys. Sampling and Analysis: The sampling and analysis of the materials delivered at the port of loading in each consignment shall be conducted in accordance with the relevant British standard specifications (BS specifications) / Specifications of the American Society for Testing and Materials (ASTM Specifications)/Specifications of the International Organization Standard (ISO specifications) through M/s SGS Ltd appointed and paid directly by the THE PURCHASER. M/s. SGS Ltd shall issue a Certificate of Sampling and Analysis (2 Nos) in original to the seller. THE PURCHASER at his option and at his own expense, may also depute his representative(s) to witness the sampling and analysis by the M/s SGS Ltd at load port and may also obtain a part of the Loadport sample for testing. The SELLER shall provide necessary assistance in this regard to the Purchasers representative(s). In case the actual specifications at load port exceed the guaranteed maximum/minimum specifications, penalties shall be applicable as per Annexure- I. Insurance: In case of CIF contract, the SELLER shall, at his own expense, arrange Warehouse to warehouse Marine insurance cover for 110% of value of invoice, covering risks under ICC (A) clause, War Risks, SRCC with claim payable in India. Such insurance policy will be one of the documents for payment / negotiation. The final warehouse in India to be Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi 755026, Orissa, India. In case of FOB/C&F contract, the SELLER shall intimate PURCHASER the information required by them for insuring the cargo immediately on confirmation of nomination of the vessel by the PURCHASER.

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TENDER NO.MMTC/C&HC/COKE/17/2004

9.0 Terms of Payment: The PURCHASER shall establish Letter of Credit on the SELLER for 100% value for each shipment for a quantity of 30,000 MT +/- 10% . Sellers shall extend LIBOR based credit from the date of negotiation of documents till due date. Due date shall be 121st /181st day from the date of Bill of Lading at the option of the purchaser. LIBOR rate as prevailing on the date of negotiation (with complete set of documents) as certified by negotiating bank will be applicable. SELLER shall submit the following original documents for negotiation (2nos each unless specified otherwise). 1. 3/3 set of original clean on Board Bill(s) of Lading made out to order and blank endorsed, marked freight prepaid and notify purchaser. 2. Signed Commercial Invoices for 100% value of the material. Separate signed Invoice for interest for LIBOR based credit. 3. Certificate of Sampling and Analysis issued by M/s SGS Ltd at Load port specifying that the sampling and analysis pertains to LAM coke loaded on the vessel alongwith the actual, guaranteed, and rejection limits of the cargo. On no account, the Analysis result of any property shall exceed the absolute maximum / absolute minimum i.e., rejection limit stipulated under Technical Specifications). 4. Certificate of Origin issued by Chamber of Commerce or a similar authorized agency or Inspection agency. 5. Draught Survey Weight certificate issued by M/s SGS Ltd at load port. The Draught Survey Weight certificate showing the weight of cargo loaded on board the vessel with the forward, aft and mid drafts, tank readings, density of sea water taken during the draft surveys. 6. Warehouse to warehouse Marine insurance cover for 110% of invoice value, covering risks under ICC (A) clause, War Risks, SRCC with claim payable in India (in case of CIF contract). The policy shall mention name and address of the branch/ associate of the insurance company in India who will receive and settle claim in India. 7. Copy of SELLERS Telex / Cables / Fax advice of shipment to the PURCHASER. 8. Within 10(ten) days from the date of Bill of Lading in respect of each consignment, the SELLER shall send through Courier Services/ fax , direct to the PURCHASER, a copy of the following documents in respect of each shipment. Sellers certificate confirming faxing/ couriering following documents within 10 days from date of B/L. a) Clean on Board Bill of Lading . b) Commercial invoices. c) Certificate of Sampling and Analysis at load port. d) Certificate of Origin. e) Draught Survey Weight Certificate at load port. f) SELLERS Telex / Cables / Fax advice of shipment. g) Marine insurance Policy 10.0 TERMS AND CONDITIONS OF SHIPMENT OF THE MATERIALS ON THE BASIS OF CIF (FREE OUT) PARADIP, EAST COAST OF INDIA. The SELLER shall effect shipments in single-deck, self-trimming type of vessels suitable for bulk discharge with self-discharging gear/ cranes fitted with grabs fully automatic requiring no manual operation and capable of maintaining the discharge rates guaranteed by "THE PURCHASER" here-in-under. Such vessels shall not normally be over 15 years of age. In case vessels over 15 years of age have to be engaged, the SELLER shall seek prior permission of "THE PURCHASER". In no case, the age of vessel shall exceed 20 years. The holds of each vessel shall be cleaned before loading, to avoid contamination.

TENDER NO.MMTC/C&HC/COKE/17/2004

If, on arrival of the vessel at the nominated Indian port of discharge, it is considered by "THE PURCHASER" that the grabs are not capable of lifting minimum 5 Tonnes of the MATERIALS per grab per cycle as a result of which the vessel may not be capable of maintaining the discharge rates as guaranteed by "THE PURCHASER", an independent marine surveyor shall be appointed at the port of discharge to assess the effective rate of discharge which the vessel is capable of maintaining. The findings of the independent marine surveyor shall be final and binding on both "THE PURCHASER" and the SELLER. The survey charges shall be borne and paid for by THE PURCHASER and SELLER in equal proportions. According to the findings of the independent marine surveyor, if the vessel is not found to be capable of maintaining the discharge rate guaranteed by THE PURCHASER for the relevant port of discharge, the effective rate of discharge which the vessel may in fact be found to be capable of maintaining as per the findings of the independent marine surveyor shall be recorded in the STATEMENT OF FACTS and the computation of lay time used shall be based on the rate of discharge as assessed by independent marine surveyor, wherever it is less than the discharge rate guaranteed by THE PURCHASER for the relevant port of discharge. The details of Port facilities at PARADIP : Length Overall (LOA), (M) PARADIP 230.00 Beam, (M) 33.00 Draft (M) 12.00

10.1 Keeping in view the limitations at the port of PARADIP the SELLER shall ensure that the vessels engaged by them for shipment of the MATERIALS shall not have length overall (LOA), beam, and arrival draughts exceeding the dimensions mentioned at Para 13.5 or (available water) at PARADIP as announced by Paradip dock Complex from time to time. 11. 11.1 11.2 General provisions to be incorporated in the Charter Parties governing shipment of the MATERIALS: THE SELLER shall ensure that the charter parties governing shipments of the MATERIALS under this Agreement contain, inter-alia, the following provisions: On sailing, the Master of the vessel shall give cable /fax advice to THE PURCHASER. Thereafter, the master of the vessel shall send cable / fax at intervals of 10 days / 7 days / 72 hours / 24 hours regarding ETA of vessel to THE PURCHASER as well as to the Paradip port office of THE PURCHASER. The SELLER shall arrange for the vessel to bear and to pay all port dues / charges (except port unloading charges), tonnage dues, light dues, and other taxes, assessments and charges which are customarily payable at the Indian Port(s) of discharge on or with respect to the vessel(s). Each vessel shall hold a valid Gear Certificate in conformity with the International Dock safety Convention, covering the duration of each voyage and confirming that all the gears have been duly tested. The Gear Certificate shall be made available by the Master of vessel to the representative of "THE PURCHASER" for perusal, after the berthing of the vessel. The Master of the vessel shall allow on board the vessel the representatives of the independent cargo inspection agency / marine surveyors appointed by "THE PURCHASER" and provide such information / assistance as may be required by them in connection with the performance of their assigned duties. The Master of the vessel shall provide free use of light on board the vessel as may be required for working the vessel at the port(s) of discharge at all times and in each case free of expense to "THE PURCHASER.

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TENDER NO.MMTC/C&HC/COKE/17/2004

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The opening and the closing of the hatches of the vessel shall always be done by the vessel's crew and the cost involved therein and the time used for opening and the closing of the hatches, gangway placement, grab fixing shall be to the account of the vessel even if the vessel is on demurrage. The time used in the initial opening and final closing of the hatches shall be to the account of the vessel even if the vessel is on demurrage. In the event of the Master of vessel exercising lien on the cargo (i.e. the MATERIALS) for non-payment of freight, extra freight, dead freight, demurrage and damages for detention of the vessel at the Indian port(s) of the discharge, the SELLER shall, on receipt of cable / fax intimation from "THE PURCHASER", take immediate remedial measures and shall cause appropriate instructions being issued to the Master of the vessel to proceed with the discharge of cargo (i.e. the MATERIALS). Any time lost between the exercising the lien by the Master of the vessel and the withdrawal of such lien shall be to the account of the vessel. The overtime of the crew shall be to the account of the vessel unless ordered by "THE PURCHASER". Buyers to guarantee one safe port and one or two safe berth(1SP/1-2SB) at the discharge port. As regards damages, if any, caused to the vessel by "THE PURCHASERS stevedores, "THE PURCHASER" will be responsible, only for the damages caused to the vessel during discharge. In principle, claims for such damage are to be settled directly between the shipowners and the stevedores and in case such damage is caused during discharge at the Port, the claims for damage, if any, are to be settled directly with the Port authorities. Such claims shall be lodged by the Master of the vessel on the stevedores/port promptly after the damage has been sustained and then confirmed in writing duly supported by Third Party Damage Report prior to vessel's departure from the port of discharge, failing which the claim shall stand barred and stevedores shall stand absolved and relieved of all responsibility. Master of the vessel shall not insist for original Bill of lading for commencement of discharge/delivery of cargo. PURCHASER shall give letter of indemnity on its letter head in the absence of original B/L and Master shall deliver/discharge material based on the letter of indemnity. Intimations to be sent by the SELLER to "THE PURCHASER" on nomination of vessels for shipment and on completion of loading of vessels at Load port Immediately on nomination of vessel, the seller shall inform the purchaser the following details of the vessel(s) viz. (i) name of the vessel (ii) Flag (iii) Year of Built (iv) Name and nationality of the Ship owners (v) Class (vi) Type (vii) Length overall (viii) Beam Length (ix) Number of hatches / holds (x) Dimensions of hatch openings (xi) Number of cranes and their capacities (xii) Number of grabs and their sizes and lifting capacity per cycle (xiii) Quantity of the MATERIALS proposed to be loaded (xiv) Lay days and ETA of the vessel at load port. (xv) "THE PURCHASER" shall confirm the seller his acceptance or otherwise of above vessel details within 24 hours. The SELLER shall consign the Vessel(s) to MMTC / their Agent(s) at the Indian Port(s) of Discharge paying customary agency fees payable by the Vessel / Owners to such agent(s). Immediately on completion of loading of the materials into the vessel, the SELLER shall give the following details by cable / telex to "THE PURCHASER" :(i) Name of the Vessel (ii) B/L weight and approx. value of the cargo (iii) Name of the port of shipment (iv) Date and time of commencement and completion of loading and (v) Date and time of sailing of the vessel from the port of shipment (vi) ETA East Coast India. THE PURCHASER" shall have the option to discharge cargo from the vessel at a second safe berth at the same port of discharge. In the event of "THE PURCHASER" exercising the option as aforesaid, the expenses involved in shifting the vessel to the second safe berth shall be to the account of vessel and the time used in shifting shall not count as lay time. If the port authorities order the shifting of the vessel either to the roads or to another safe berth at the same port of discharge, on account of poor discharging or problems relating to

TENDER NO.MMTC/C&HC/COKE/17/2004

vessel, its cranes, grabs, the time involved in shifting and the cost thereof shall be to the account of the vessel. 12.0 Service of Notice of Readiness for discharge of cargo (i.e. the MATERIALS) by the Master of the Vessel (Master's N/R) : Upon arrival of the vessel within the port limits at each port of discharge, after being ready in all respects to discharge the cargo and in free pratique , the Master of the vessel shall serve on the concerned port office(s) of "THE PURCHASER" or its nominee, the Notice of Readiness of the vessel to discharge cargo ( MASTER'S N/R) in writing during Business hours between 0800 hours and 1630 hours on working days ( Monday to Friday) and between 0800 hours to 1200 hours on Saturday. Lay time and excepted periods: The lay time shall commence 12 hours after tendering of notice of Readiness (NOR) unless used, if used actual time to count. NOR shall be tendered as per clause no: 12.0 above. If the turn time at discharge port expires on Saturday afternoons, Sundays, Holidays, the lay time shall commence at 0800 A.M. on the next working day, unless used, if used actual time to count. The time taken by the vessel for proceeding from anchorage to the berth shall be treated as transit time and shall be to the account of the vessel, even if the vessel is on demurrage. If, after berthing, the vessel is found by the port Authorities / PURCHASER not ready in all respects to discharge, turn time to commence when the vessel is in fact ready in all respects to discharge. In the event of breakdown of gear / cranes / winches and other equipment of the vessel by reason of disablement or insufficient power etc. the period of such insufficiency shall not count as lay time, irrespective of vessel is on demurrage or not. The time taken by the vessel, after completion of unloading, for the purpose of conducting final draft survey will not be counted as lay time. Time lost by reason of any or all of the following causes preventing discharge of the cargo shall not be computed as Lay time even if used unless the vessel is already on demurrage: War, rebellion, Tumult, Political disturbances, Insurrection. Lockouts, strikes, Riots, Civil Commotion. Epidemics, Quarantine, Land slips, Floods, Frost or Snow bore tides, bad weather. Stoppage of work, whether partial or general, by Workmen, Longshoremen, Tugboat men or other hands essential to the working of the vessel or discharge of cargo from the vessel. Accidents at the wharf. Intervention of Sanitary, Customs and / or other constituted authorities. Stoppage due to rain/ non weather working day/s declared by port authorities. Stoppages whether partial or total on rivers or canals . Any other cause beyond the control of "THE PURCHASER". Guaranteed Discharge Rates: The SELLER shall deliver the MATERIALS free in vessel's holds in one safe port, one or two safe berths, reachable on arrival, always afloat at the nominated port of discharge. The SELLER shall provide such Vessels having 5 or more workable hatches/ holds served by minimum 4 Cranes of minimum 25 MT capacity each fitted with the grabs of minimum 12 CBM. Subject to the provisions mentioned hereinabove, "THE PURCHASER shall guarantee a discharge rate of 5,000 MT PWWD SHINC, i)basis five or more available workable hatches, ii) four grabs of 12 CBM each pro-rata for less number of hatches/grabs (i or ii whichever is less), WEATHER WORKING DAY (WWD) of 24 consecutive hours and pro-rata for part of WWD, SHINC. All vessel related charges including composite berth hire charges are to be on owner's account.

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TENDER NO.MMTC/C&HC/COKE/17/2004

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Statement of Facts Immediately after completion of discharge, and before the sailing of the vessel from the port of discharge, Statement of Facts shall be made out at the port of discharge duly signed by and distributed amongst (a) Master of the vessel/agents of the vessel at the port of discharge; (b) Agents / Representative, if any, of the SELLER at the port of discharge and (c) Representative of "THE PURCHASER" at the port of discharge. Settlement of Demurrage / Despatch Money Account in respect of each shipment: In the time sheet based on the aforesaid STATEMENT OF FACTS, the computation of Lay time allowed and Lay time used shall be based on the provisions contained hereinabove. Despatch, if any, shall be calculated on the basis of 'Working time saved'. The rate of Demurrage/Despatch shall be as per charter party or as intimated by the seller. A copy of charter party or such intimation of demurrage/dispatch rate to reach New Delhi office of the purchaser within seven days of sailing of vessel, failing which demurrage/dispatch rate applicable shall be maximum of USD 7,000/3,500 per day pro rata. In case of demurrage, "THE PURCHASER" shall endeavour to remit to the SELLER the agreed amount of Demurrage within about 45 (forty five) days from the date of receipt of the claim of the SELLER together with all supporting documents. In the case of Despatch Money, THE SELLER shall endeavour to remit to the PURCHASER the agreed amount of Despatch Money within about 45 (forty five) days from the date of the claim alongwith supporting documents of "THE PURCHASER". Such claim together with the supporting documents shall be submitted by either party within 30 days from the date of completion of discharge and should be settled on vessel-to-vessel basis. RISK PURCHASE Should the SELLER fail to provide the materials for delivery by the time agreed upon or should the SELLER in any manner or otherwise fail to perform the agreement, the PURCHASER shall have the right to get the material from alternative sources, at the risk and cost of the SELLER. The purchase of the material from alternative sources as stated hereinabove may be either for whole or part of the contracted quantity. ARBITRATION Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by the Arbitral Tribunal. The Arbitral Tribunal shall consist of three arbitrators, one each to be appointed by the parties thereto and the third arbitrator who will act as presiding arbitrator, shall be nominated by the two appointed arbitrator. The venue of the arbitration shall be New Delhi. It is obligatory on the part of the bidder to fill up and sign the deviation statement as per annexure IV. Any omission/non-compliance of this condition shall make the offer liable for rejection.

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20.0 Bidder shall submit their bids in closed envelope superscribing Tender No. MMTC/C&HC/COKE/17/2004 dated 20 th February, 2004 for supply of LAM Coke before 1100 hrs. (IST) on 8 th March 2004 to the Chief General Manager (Coal & Hydrocarbon) MMTC Limited, 7 th Floor, Core I, 7Institutional Area, New Delhi 110 003, India. The bid document submitted by the bidder shall contain the complete tender document duly filled in and signed on each page by the bidder or their authorized representative. The bids will be opened at 1100 hrs. (IST) on the same day. MMTC reserves the right to extend the due date depending on the issuance of export licences in China .

TENDER NO.MMTC/C&HC/COKE/17/2004

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Notwithstanding anything specified in these tender documents, MMTC Limited at its sole discretion, unconditionally and without having to assign any reason, reserves the right: a) To accept or reject the lowest offer or any other offer or all the offers, b) To accept any offer in full or in part, c) To procure the tendered quantity from more than one bidder. d) To reject the offers not conforming to the tender terms. e) To reject the offer of past supplier(s) with unsatisfactory track record.

22.0 Bidder who are not empanelled with MMTC for the supply of LAM Coke are to submit the empanelment form duly filled in as per ANNEXURE-V.

23.0 Validity of the Offer: 11 th March 2004


Thanking you, For MMTC Limited,

(Suresh Babu) Dy. General Manager (Coal & Hydrocarbon)

TENDER NO.MMTC/C&HC/COKE/17/2004

Annexure - I PENALTIES Sl. No i) Technical Particulars Ash Basis for application of Rate of reduction in price reduction in price when each (USD PMT) specification exceeds guaranteed limit (Min/Max) For every increase of 1% US$ 0.50 (US Dollar Zero Point (fractions pro rata). fifty only) For every increase (fractions pro rata). of 1% US$ 0.50 (US Dollar Zero Point fifty only)

ii) iii) Iv) v) vi) vii) Viii) ix)

Volatile Matter Sulphur M10 M40 CSR CRI Size +80 mm Size -30 mm

For every increase of 0.1% US$ 0.25 (US Dollar Zero Point (fractions pro rata) two five only) For every increase (fractions pro rata). For every decrease (fractions pro rata) . For every decrease (fractions pro rata) . For every increase (fractions pro rata) . For every increase (fractions pro rata) For every increase (fractions pro rata) For every increase (fractions pro rata) of of of of of of 1% US$ 0.25 (US Dollar Zero Point two five only) 1% US$ 0.25 (US Dollar Zero Point two five only) 1% US$ 0.25 (US Dollar Zero Point two five only) 1% US$ 0.25 (US Dollar Zero Point two five only) 1% US$ 0.25 (US Dollar Zero Point two five only) 1% US$ 0.25 (US Dollar Zero Point two five only) 1% B/L weight shall be reduced by 1% (fraction pro rata)

x) xi)

Moisture Phosphorous

of

For every increase of 0.01% US$ 0.25 (US Dollar Zero Point (fractions pro rata) two five only)

N.B: The cargo shall be rejected if any specification exceeds rejection limits. No Bonus for improvement in quality.

TENDER NO.MMTC/C&HC/COKE/17/2004

ANNEX - II TENDER NO.MMTC/C&HC/COKE/16/2004 PROFORMA FOR PRICE BID 1. 2. 3. Name of the Bidder: Address: a) Brand / Name of LAM Coke b) Country of Origin of LAM Coke Latest by 30th March 2004 (2nd shipment)

4. Shipment Schedule and quantity offered Shipment Schedule Latest by 15th March, 2004 (1st shipment) Quantity Offered (MT) Additional shipment Each vessel size 30,000 MT +/- 10% (shipping tolerance)

5.

Price quoted per metric Tonne


Price PMT in USD (in figures & in words) for shipment FIRM OPTIONAL

1 2 3 4.

FOB (Trimmed) Freight for Paradip Port CIF (Free Out) Paradip

Interest payable on Sellers credit LIBOR + ____% P.A. (for 120 days) from the date of negotiation till 121st/ 181st day from date of negotiation of complete set of LIBOR + ____% P.A. (for 180 days) documents. Break-up of cost, freight and insurance for discharge port should be indicated separately, distinctly and invariably for CIF (FO) quotation. 6. MMTC reserves the right to conclude the contract on FOB(T) or CIF (FO) or-part FOB(T) and part CIF (FO) basis. Bidders must, therefore, quote both FOB (T) and CIF (FO) price and their CIF (FO) price should be on Paradip Port basis, separately indicating freight PMT and insurance cost. Placing Order on FOBT and CIF(FO) shall be at the option of PURCHASER. Total value of the Quantity offered on CIF (FO) basis : US$. on FOB(T) basis : US$

7.

( Name & Signature of Tenderer)

ANNEXURE-III

PROFORMA OF BANK GUARANTEE FOR BID BOND/EMD


TENDER NO.MMTC/C&HC/COKE/17/2004

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TO BE OPENED BY ANY COMMERCIAL BANK HAVING THEIR BRANCH AT DELHI TO, MMTC Limited, Core-I, Scope Complex, 7, Institutional Area, Lodi Road, New Delhi 110 003 INDIA. Bank Guarantee No Date..

WHEREAS MMTC Limited (hereinafter referred to as MMTC) have invited Tenders vide Tender No. for purchase of LAM Coke. AND WHEREAS the said Tender requires and that the tenderer wishing to make an offer in response thereto shall establish an irrevocable Bid Bond in favour of MMTC in the form of Bank Guarantee for an amount of US$(US DOLLARS) valid upto 30 (thirty) days after the closing date of Tender, as guarantee that the tenderer. a) b) c) Shall, keep his offer firm and valid for acceptance by MMTC upto 11/3/2004 or as extended by bidder. Shall, within 7 (seven) days from the date of issue of the Letter of Award from MMTC, conclude an Agreement for supply of LAM coke and Shall, in the event of the offer being accepted by MMTC, establish a Performance Guarantee (PG) bond in favour of MMTC, in the form of a Bank Guarantee as per Tender terms.

NOW, we the.( Banks name & address) HEREBY GUARANTEES that in the event of the said bidder failing to abide by any of the conditions referred to in any of the preceding paragraphs, this Bank shall pay to MMTC Limited, New Delhi(India) on demand and without protest or demur or without recourse to the bidder US$.. ( US DOLLARS). This Bank further agrees that the decision of MMTC as to whether the said bidder has committed a breach of any of the conditions referred to in the preceding paragraphs, shall be final and binding and conclusive. THIS BANK FURTHER undertakes that this Guarantee shall remain irrevocably valid and in force up to 30 (thirty) days from the due date of opening the tenders. For and on behalf of ( Name of the Bank) (Signature) Name: AUTHORISED SIGNATORY Designation: Name and Address of the Bank

ANNEX - IV

TENDER NO.MMTC/C&HC/COKE/17/2004

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TENDER TERMS DEVIATION STATEMENT FORM


The following are the particulars of deviations from the requirements of the bidding terms and conditions and specifications. CLAUSE/PARA DEVIATION REMARKS (including justification)

We, hereby declare that there are no other deviations from the tender terms and conditions other than those mentioned above under Item No. 1

Dated;-

Signature and seal of the bidder

TENDER NO.MMTC/C&HC/COKE/17/2004

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ANNEXURE-V

EMPANELMENT FORM FOR LAM COKE


(TO BE FILLED IN BY NEW SUPPLIER) 1. 2. 3. 4. Name and Address of the Applicant. Overseas Producer or Overseas Trader. In case of overseas trader, a letter of authority from the producer(s) confirming back up support supplier(s) to be furnished. Past experience for supply of to India (To indicate export to India during last three years with Name and Address of the Indian importer(s). Please indicate yearwise Quantity / Grade supplied to India). Past experience in supply to consumers world wide outside India. Financial status of the applicant firm for last years. (Kindly attach the annual report for each of the financial year in the last 3 years). Year (April to March) 2002-03 2001-02 2000- 01 7. Furnish following details: a) Credit Rating: b) Bank References: Are you having any agents in India. If so Name, Address may be given. Also please indicate whether they are on relationship basis or on basis of any commission payable out of import value. Please note that in case MMTC has to pay any agency commission the same shall be deducted out of amount payable to suppliers and paid in equivalent Indian Rupees. Profit / Loss ( US$) Turnover ( In US$) -

5. 6.

8.

TENDER NO.MMTC/C&HC/COKE/17/2004

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