HINDUSTAN INSECTICIDES LIMITED (A Government of India Enerprise) Udyogamandal-683 501, Kerala State Telephone Nos.0484-2545121-22-23, Fax No.0484-2545464 E-Mail:hiludl@dataone.in, T E N D E R N O T I C E NO.CP-1/C&F/2012-13 01.03.2012 SUB: CLEARING & FORWARDING (C&F) OF IMPORTED GOODS – AND EXPORT OF FINISHED GOODS THROUGH COCHIN PORT/COCHIN AIR CUSTOMS. -----Sealed tenders are invited for the above work from reputed customs registered and experienced in clearing of imported goods and exporting hazardous consignments for major public sector undertakings, government departments or other major industrial undertakings. Tenders should be submitted in the prescribed tender schedule enclosed, in two sealed envelopes superscribed as. 1. Part 'A' Techno Commercial bid Tender for C&F works 2012-2013 due on 20.03.2012 at 2.30 pm. 2. Part 'B' Price bid. Tender for C&F works for 2012-13. Both bids should be enclosed in a third envelope and super scribed as Tender for C&F works due 20.03.2012 at 2.30 PM, Encl: Part ‘A’ and Part 'B'. The Tenders should be submitted within this time and date as per the general terms and conditions indicated below. Tenders received late will not be considered on any account. Tenders (Part-A) will be opened at 2.30 pm on 20.03.2012 in the presence of tenderers present. Tenderers who qualify against Part'A' will be intimated the date and time of opening of part 'B'. I. DETAILS AND DESCRIPTION OF WORK. 1. Clearance of our imported consignments by sea/air at Cochin, Transporting and delivering the same at our factory premises at Udyogamandal, compliance with all formalities and procedures at Port and Customs/Central Excise. We are having a bonded warehouse within our premises and the work includes bonding and ex bonding of consignments as per requirement. 2. Export of our products through Cochin Port, complying with all formalities and rules at Port/Customs/Central Excise. 3. Various goods are imported such as chemicals in liquid form/solid.. These chemicals are to be cleared directly for house de-stuffing. Machineries and equipments such as glasslined or other reactor vessels/storage vessels. Vacuum pumps, centrifuge, Graphite condenser/tubes, other spare parts and so on are likely to be imported. Apart from this, other chemicals/materials packed in drums or packets/gunny/HDPE sacks and so on are likely. Consignments will have to be cleared at Cochin Port and transported to our factory at Udyogamandal. 4. Export will be normally finished goods from HIL in various packing. 5. Special care is to be taken by the C&F agent in handling hazardous goods. All the statutory formalities, safety precautions, rules and regulations of Port and Customs must be complied with. 6. Trucks carrying hazardous goods are to be moved as advised by HIL/accompanied by HIL's representatives for safety precautions. 7. The clearing agents shall perform all such auxiliary and incidental services and operations as may be necessary in the course of performing the work related to clearing of cargo and effecting outward shipments. 8. The company will furnish complete shipping documents necessary for clearance of cargo with definite instructions of delivery point etc. The clearing agents shall invariably attend/approach local agents/steamer agents/any other authority as and when required for collection of data/particulars etc. Necessary of processing bills of entry and for the purpose of clearance/shipment of cargoes. 9. The clearing agents shall render all or any of the services stipulated hereinafter and as directed from time to time by the company. If the clearing agents fail at any time to render all or any of the services under the contract satisfactorily in the opinion of the company (whose decision shall be final and binding on the clearing agents) they may at their option get the work done by other parties at the risk and cost of the clearing agents. 10. The company gets its cargoes insured up to in warehouse for transit risk by an insurance policy. The clearing agents shall be responsible for the safe handling and delivery of cargo entrusted to them for clearance including arranging for lock-up of examined good when so required. II. GENERAL TERMS AND CONDITIONS 1. EMD & Security Deposit. a) The tender should be accompanied by an Earnest Money Deposit of Rs.10,000.00 (Rupees ten thousand only) by way of DD payable at Udyogamandal/Kalamassery in favour of Hindustan Insecticides Limited. This will bear no interest and will be returned to except in the case of successful tender as soon as the tender is finalised. DD for EMD should be enclosed in the cover containing price bid. Photostat copy of the DD should be enclosed in the technocommercial bid. b) The successful tenderer will have to deposit a further sum of Rs.15,000.00 (Rupees fifteen thousand only) within one week from the date of intimation of acceptance of his tender to make up the security deposit of Rs.25,000.00 (Rupees twenty-five thousand only) which will bear no interest. Failing this, his earnest money deposit will be forfeited. c) In the event of any breach of any of the terms and conditions of the contract the company shall have (without prejudice forthwith and /or forfeit the entire or part of security deposit lodged by the clearing agents or to appropriate the security deposit or any part thereof in or towards the satisfaction of any sum due for any damage, losses, charges, expenses or cost that may be suffered or incurred by the company due to clearing agents negligence or unsatisfactory performance of any service under the contract. d) Any enhancement in the rate of the tender, after submission, will be deemed to be withdrawal. e) Tenders received without receipt for Earnest Money Deposit will not be considered. 2. Validity of Offers Tender should be valid for acceptance for a period of 90(Ninety) days from the date of opening of tender. 3. Period of Contract: The duration of the contract will be one year form the date of the order. Clearance of goods for which documents have been handed over to the contractor before expiry of the contract will be treated as within this contract. Though the date of actual Clearance of the goods may be later than the date of expiry of the contract. The company, however, can extend the period of contract with the prior consent of the clearing agent on the same terms and conditions as embodied in this contract. The company also reserves the right to terminate the contract at any time and without assigning any reason therefore by giving one months notice of their intention to do so in writing to the clearing agents and the clearing agents shall not be entitled to any compensation by reasons for such termination. 4. Volume of Work. No guarantee can be given as to any definite volume of work which will be entrusted to the clearing agents at any time or throughout the period of the contract. Refusal or inability to handle all or any of such work allocated shall be deemed to be breach of contract. The company reserves the right of placing contract simultaneously or any time during its currency with one or more clearing agents at their discretion. The mere mention of any item of work in this contract does not by itself confer a right on the clearing agents to demand that the work relating thereto in its entirety or in part should necessarily or exclusively be entrusted to them. An approximate volume of work to be executed is given below. Sl.No.of the schedule attached 1) 2) 3) 4) 5) 6) a) b) 5. Quantity 180 MT 12 Nos. 20 Nos. 20 Nos. 20 Nos. 10 Nos. 10 Nos. Payment: a) Payment will be made within 30 days on satisfactorily after completion of work. b) Payment will be made for clearance on net weight basis only. c) Payment of port dues and other customs charges other than customs duties, have to be made by the C&F agent and claimed reimbursement along with bill for clearing cheque. d) Original documents issued by Port/Customs for actual expenses have to be submitted to the company while raising bills for payment. e) Serial number and date of clearance instruction (Work Order) should be indicated on all bills raised. 6. Parallel Contract, allocation of work, etc. The company reserves the right of concluding parallel contract(s) against this tender and also to appoint other clearing agents during the currency of the contract by calling fresh tenders and/or by negotiations. The company retains full discretion to allocate work among other clearing agents. The quantum of work allocated to clearing agents from time to time completed at the discretion of the company. 7.Subletting of contract: The clearing agents shall not sublet, transfer or assign the contract or any part thereof without the previous written approval of the company. 8. Duties and responsibilities of clearing agents. Imports and Exports: a) Clearance instructions in the form of work order will be issued by the company giving particulars of cargoes to be cleared, name of the steamer and place of delivery or despatch along with the relevant shipping documents whenever available. The work order number and date shall be quoted on all bills submitted. b) Where cargoes are not traceable, appropriate action should be taken to issue on the Port Authority 'Not Found' notice within the statutory period. The steamer agents should also be notified simultaneously. If they are found later on, in a damaged condition delivery should be taken after port trust and steamer survey. The clearing agents should ensure that all possible steps are taken to trace the 'Not Found' package in the dock/sheds within a week and forward 'short landed certificate’ from Port or Steamer agents. c) As the cargo is usually insured, insurance survey should also be arranged apart from the port trust/steamer agents survey. d) After obtaining delivery, the clearing agents will deliver the cargoes to Company immediately. e) The clearing agents shall make every endeavor to avoid demurrage or other in fructuous expenses. Demurrage charges would normally be to the clearing agent's account unless it is established to the satisfaction of Hindustan Insecticides Ltd. that such demurrage has been incurred due to circumstances beyond their control. f) The clearing agents shall arrange collection of documents, as directed by the company from time to time. The clearing agents shall have to take all steps necessary to complete the handling and clearance work and all allied responsibilities thereto such as to produce the required certificates, papers or survey reports etc. in the event of discrepancies/shortages, damages etc. which will enable the company to obtain compensation from the concerned parties. If they fail to do so and the company is unable to recover damages/shortages as a result of the contractor's failure to perform his duties in time as envisaged herein, such losses sustained by the company shall be to the account of the clearing agent. g) The clearing agents shall have to complete clearance and despatch of cargoes and also complete shipment of cargoes for which instructions and documents have been issued, finalize all customs and port trust formalities relating there to within six months after the expiry of the contract. The clearing agents shall have to pursue all items of claims such as refund claims, short landing, damages, renewal of bond licences with the port authorities, customs authorities, central excise etc. All refunds when received by the clearing agents will have to be sent to company immediately on receipt. h) The contractor has to prefer and handle on HIL's behalf claims, if any, with steamer agents/customs/port and has to attend all matters incidental to the work. i) HIL will not be liable in any way in respect of the contractor's employees for claims arising out of workmen's compensation while carrying out the works. 9 Finalization of Bill of Entry The clearing agents shall be fully responsible for the finalization of bills of entry from the time they are filed with the customs and to see that proper tariff is applied in assessment. The clearing agents shall maintain close liaison with the company with regard to the processing of Bill of Entry and any difficulty experienced by them should be brought to the notice of the company promptly for any delay on their part without valid ground in submission/processing of Bill of Entry at Customs House. 10. Refund Claims/Duty drawbacks The clearing agents shall lodge refund claims and prefer appeals as directed by the company. They shall also file necessary duty drawback claims as required by the Company. 11. T.R.Os The clearing agents shall arrange for release orders from one custom house to another, as necessary. 12. Arbitration: All disputes or differences whatsoever which shall at any time arise between the parties hereto touching or concerning the work contract or the execution or maintenance thereof, or the rights touching or concerning the contract or the execution or maintenance thereof, covered or to the rights or liabilities if the parties arising out of or in relation hereto, whether during or after completion of work or whether before or after determination, foreclosure of breach of contract (other than those in respect of which the decision of any person is by contract expressed to be final and binding) shall on written notice by either party to the arbitration to the sole arbitrator (General Manager, HIL or anyone nominated by him) The venue of Arbitration shall be cochin. The award of the Arbitrator shall be final and binding on both parties. Subject to aforesaid provisions, the Arbitration Act 1996 or any statutory modification or reenactment thereof and the rules made there under, and for the time being in force, shall apply to the arbitration proceedings under this Clause. The order shall be governed by and construed according to the laws in force in India. The parties hereto hereby agree to submit to the jurisdiction of the Courts situated in Ernakulam for the purpose of actions and proceedings arising out of order and the courts at Ernakulam only will have the jurisdiction to here and decide such actions and proceedings. 13. Escalation/De-escalation: During the contract period, in the event of any variation of Diesel prices on the current Ernakulam rates, the Company reserves the right to revise the transportation rates in discussion with the clearing agent on mutually agreeable basis between the two parties. Apart from the variation in diesel price, revision of transportation charges will be permitted in the case the clearing agents produce documentary proof for variation in the transportation charges is beyond their control. Proof for present rate should be submitted along with the tender. 14. GENERAL 1. The successful tenderer shall also execute an agreement for the fulfillment of the contract within the period to be specified in the letter to him intimating acceptance of the tender. The contractor shall have to pay all stamp duties, lawyer's fees and other expenses incidental to the execution of the agreement. 2. If the contractor (the successful tenderer) becomes insolvent or otherwise becomes unable to carry out the work or if without the written consent of HIL to the contractor assigns or sublets the contract in the event of the failure or delay on the part of the contractor to fulfill his obligations in the execution of the contract to the satisfaction of HIL. HIL reserves the right to terminate the contract and make alternate arrangements to get the work done through other means. In such an event, the security deposit will be forfeited without prejudice to HIL's further right to claim compensation from the contractor for the loss, if any incurred by HIL as a result of the contractor's failure to fulfill his obligations under the contract. The damages so claimed by HIL consequent to the termination of the contract will be in addition to the liquidated damages recoverable by HIL as mentioned in Clause 14.3 of this tender notice. The contractor shall have no claim to compensation for any loss that may accrue from any materials he may have collected or engagements he may have entered into on account of this work. 3. Time shall be regarded as the essence of the contract and the contractor shall complete the work on the date stipulated. Failure on the part of the contractor to complete the work on the date stipulated in the work order for the completion of the work shall entitle HIL to recover from the contractor by way of ascertained liquidated damages a sum equivalent to 2% of the contract value of the works for each month or part thereof for which the contractor is in default. In any case the damages so recovered shall not exceed 10% of the value of the works. 4. Any loss/damage sustained to the company due to any act or omission on the part of the contractor or his men, will have to be made good to the company by the contractor. 5. The company reserves the right to accept any or reject any or all tenders without assigning any reason. 6. Tenders received late, unsealed and without superscription are liable to be rejected. 7. No modification to the tender will be entertained, unless specifically asked for by the company. 8. Incomplete or conditional tenders differing from the rejected. details specified are liable to be 9. The tender amount/rates should be given in figures as well as in words. If there is any cutting/overwriting/erasing, this should be attested with full signature of the tenderer. 10. Any further information can be had from our office during working hours before the due date. One copy of this terms & conditions should be submitted along with the tender, duly signed. 11. Unloading/loading charges at HIL will be paid by the company to the unloading contractor/workers in the company. Since the same is borne by HIL, the rates quoted should be excluding the same. 12. The tenderer has to indicate whether his firm is a proprietary/joint stock company and give a Xerox copy of the registration of their firms. The financial soundness of the firm may be indicated by documentary evidence. 13. Following payments should be excluded from rates quoted. a) Cost of Bond paper, which will be paid extra at actuals. b) Notarization charges, which will be paid extra at actuals. c) Transportation charges which will be paid extra as quoted. d) Unloading charges which will be paid direct by HIL in the case of goods unloaded at HIL. In the case of places outside to HIL, as per bills at actuals, will be paid extra. 14. Annexure 'A' attached to this should be properly filled and submitted along with technocommercial bid. 15. Force Majeure: The contract will be subject to force Majeure, that is in the event of acts of nature/God. Civil commotion, war, hostilities, government ban on trade/Commerce with the country and so on. HIL can cancel execution of the contractor. COMPANY RESRVES THE RIGHT TO REJECT ANY OR ALL OFFERS WITHOUT ASSIGNING ANY REASON. COMMERCIAL MANAGER -----------------------------------------------------------------------------------------------------------I/We hereby agree to abide by the above terms and conditions. PLACE: SIGNATURE: DATE: NAME & ADDRESS: PART ‘A’ – TECHNO COMMERCIAL BID (Details required in this Part 'A' should be provided in separate sheet without leaving any item, and attached to Techno Commercial bid) 01. Name and address of firm with phone number, Fax number and E-mail address 02. Whether the firm is Partnership/Proprietorship/ Private Ltd/Public Ltd undertaking. Company/Public 03. Name, designation and phone number of contact person. 04. How long the firm is in the field of clearing and forwarding activities. Name and address of the customer to whom the firm has given service for the past three years with supporting documents may be provided. 05. Has the firm undertaken CKF works for HIL previously give order particulars? 06. Name and address of the firm's bankers. 07. Whether the firm is a taxpayer, furnish latest income tax clearance and PAN number. 08. Whether with numbers. the firm owns transport vehicles such as bricker/trailor etc. give details 09. Whether the firm can keep validity of the offer for 90 days from the date of opening of price bid and the rates quoted can be kept valid for a period of one year from the date of contract. 10. Whether the firm is agreeable for 60 days clean credit payment from the date of clearancedeviation if any should be mentioned specifically. 11. Whether the firm has provided EMD Rs.10,000/- and is prepared to remit security deposit of Rs.25000/- including EMD. 12. Firms experience in handling hazardous cargo-give details. 13. Attach copy of CHA registration certificate. Normal Exports: At a time 14 MTs net: In one 20' container. Note: Against items 5 and 6 if at a time there are more than one B/E or S/B Payment against only one B/E or S/B will be made. PLACE: SIGNATURE : DATE : NAME & ADDRESS : HINDUSTAN INSECTICIDES LIMITED UDYOGAMANDAL 683 501 SCHEDULE OF WORK AGAINST TENDER NOTICE NO.CP-1/C&F/2012-2013 DATED 01.03.2012 DUE ON 20.03.2012 PART ‘B’ – PRICE BID SL. NO 1. 2. 3. 4. 5. 6. DESCRIPTION OF WORK Service charges towards clearance of imported goods for bonding all inclusive but excluding the charges against other mentioned here under and specified separately as payable extra Service charges towards clearance of imported goods for direct home consumption all inclusive but excluding the charges against other item mentioned here under and specified separately as payable extra. Service charges including tally charges, chemical examination endorsement in DEEC books excluding statutory payments, payments to Customs Central Excise, Port, Chamber of Commerce/Export inspection agencies etc. Arranging presence of Central excise authorities while stuffing at the place of stuffing for exporting stuffed containers but excluding the charges against other items mentioned here under and specified separately as payable extra. Charges to meet expenses for arranging Central Excise/Customs Officer presence at HIL for export, during stuffing into containers. Charges for making use of advance/DFRC Licences against duty payment. Transportation charges from Cochin Port/Warehouse/Cochin Airport to HIL, Udyogamandal a) One 20’container (empty or loaded) b) One 40’ Container (empty or loaded) c) One truck load (for adobe 3Mts) d) Tempo load (for above 650 kg.) e) Mini door load (for above 400 Kg.) f) Auto load (for 400 Kg. and below) g) Minimum transportation charges to be paid irrespective of material and mode of transportation.(not covered by a to 'g' above) Per Mt Rs. Max,per B/E Rs. Min.per B/E Rs. Per MT Max.Per B/E Min.Per B/E Rs. Rs. Rs. Per Shipping Rs. Bill Per S/B Rs. Per B/E Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. 7. Detention charges per Hour: a. Trailer carrying 20’ container b. Trailer carrying 40’ container c. Truck d. Temp e. Mini Door f. Auto Note: Trailers/trucks should be placed at HIL side between 8.00 hrs.and13.00hrs. for unloading/de stuffing and 5 Hrs free time is to be allowed, If one consignment- contains more than one container for the second container it will be 10Hrs,for the 3rd container 15 Hrs and so on. (Trailers / Trucks placed after 13.00hrs. will be considered as placed at 8.00 hrs. the next day). For stuffing 8hrs. free time is required. Container for stuffing have to be placed at the times specified. Rates should be quoted in figures & in words. Cutting/overwriting/erasing should be attested with full signature. Payments payable extra: 1. 2. 3. 4. 5. All payments such as customs duty/port dues/charges to customs/port/JDGFT/other sections/Department of /Air Port, Charges to Air Cargo complex, Air port, Public Warehouse, export documentation of Commerce etc. Other statutory payments. Payments to Notary for giving bonds, attesting licences etc. Cost of bond papers. Unloading and Loading charges at actuals at public bonded warehouses. Normal Export: at a time 14 Mts. Net: In one 20’ container Note: Against item 5 and 6 if at a time there are more than one B/E or S/B Payment against only one B/E or S/B will be made PLACE: DATE : SIGNATURE : NAME & ADDRESS : SL. NO 1. DESCRIPTION OF WORK Service charges towards clearance of imported goods for bonding all inclusive but excluding the charges against other mentioned here under and specified separately as payable extra Per Mt Rs. Max,per Rs. B/E Min.per Rs. B/E 2. 3. 4. 5. 6. Service charges towards clearance of imported goods for direct home consumption all inclusive but excluding the charges against other item mentioned here under and specified separately as payable extra. Service charges including tally charges, chemical examination endorsement in DEEC books excluding statutory payments, payments to Customs Central Excise, Port, Chamber of Commerce/Export inspection agencies etc. Arranging presence of Central excise authorities while stuffing at the place of stuffing for exporting stuffed containers but excluding the charges against other items mentioned here under and specified separately as payable extra. Charges to meet expenses for arranging Central Excise/Customs Officer presence at HIL for export, during stuffing into containers. Charges for making use of advance/DFRC Licences against duty payment. Transportation charges from Cochin Port/Warehouse/Cochin Airport to HIL, Udyogamandal h) One 20’container (empty or loaded) i) One 40’ Container (empty or loaded) j) One truck load (for adobe 3Mts) k) Tempo load (for above 650 kg.) l) Mini door load (for above 400 Kg.) m) Auto load (for 400 Kg. and below) n) Minimum transportation charges to be paid irrespective of material and mode of transportation.(not covered by a to 'g' above) Per MT Rs. Max.Per Rs. B/E Min.Per Rs. B/E Per Shipping Rs. Bill Per S/B Rs. Per B/E Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. 7. Detention charges per Hour: a. Trailer carrying 20’ container b. Trailer carrying 40’ container c. Truck d. Temp e. Mini Door f. Auto Note: Trailers/trucks should be placed at HIL side between 8.00 hrs.and13.00hrs. for unloading/de stuffing and 5 Hrs free time is to be allowed, If one consignment- contains more than one container for the second container it will be 10Hrs,for the 3rd container 15 Hrs and so on. (Trailers / Trucks placed after 13.00hrs. will be considered as placed at 8.00 hrs. the next day). For stuffing 8hrs. free time is required. Container for stuffing have to be placed at the times specified. Rates should be quoted in figures & in words. Cutting/overwriting/erasing should be attested with full signature. Payments payable extra: 1. 2. 3. 4. 5. All payments such as customs duty/port dues/charges to customs/port/JDGFT/other sections/Department of /Air Port, Charges to Air Cargo complex, Air port, Public Warehouse, export documentation of Commerce etc. Other statutory payments. Payments to Notary for giving bonds, attesting licences etc. Cost of bond papers. Unloading and Loading charges at actuals at public bonded warehouses. Normal Export: at a time 14 Mts. Net: In one 20’ container Note: Against item 5 and 6 if at a time there are more than one B/E or S/B Payment against only one B/E or S/B will be made PLACE: DATE : SIGNATURE : NAME & ADDRESS :