Empanelment of Manufacturer/Trader/Supplier/Miners of Iron Ore Fines, Concentrate, Pellets and Lumps

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The State Trading Corporation of India Ltd. (STC) is a Government of India Undertaking, having its Corporate Office at Jawahar Vyapar Bhavan, Tolstoy Marg, and New Delhi- 110 001 (hereinafter called ‘STC’). STC was incorporated under Companies Act in the year 1956 and functions under the administrative control of Dept. of Commerce, Ministry of Commerce & Industry, and Government of India.

The company is engaged in international and domestic trading of various commodities/products including Minerals, Metals and Agricultural Commodities. STC had achieved a turnover of approx. Rs. 14,397 Crores during the year 2014-15. For export/domestic supply of Iron Ore Fines, Concentrate, Pellets and Lumps to STC’s Associate Buyers/Customers/Tendering authorities, STC hereby invites prospective Miners/Manufacturers/Traders/Suppliers. The other specifications with respect to the above items will be communicated at the time of floating specific enquiry.

1. Details of items for which EMPANELMENT is invited: Iron Ore Fines, Concentrate, Pellets and Lumps. (The other specifications with respect to the above items will be communicated at the time of floating specific enquiry.)

2. PRE-QUALIFICATION CRITERIA FOR PROSPECTIVE SUPPLIERS The detailed eligibility criteria are described in the following points and the interested parties meeting all the conditions only need to apply.

(a) The Applicant should be Manufacturer/Trader/Supplier/Miners of above mentioned commodities, wherever applicable.

(b) The Applicant shall have experience of supply during any one of the last three financial years directly or through PSUs, State/Govt. Agencies. In proof of supply, the applicant shall furnish certified copies of purchase orders and original/at least copies of performance certificates specifying quantity from end users in support of their credentials. c) The applicant should be profit making for last three years i.e. 2013-14, 2014-15 & 2015-16 with positive net worth. d) The applicant shall have to submit a Solvency Certificate from a scheduled nationalized Indian bank / private bank for a minimum amount of Rs.10 Crores.

(e) The applicant shall keep STC and its Directors, officers etc indemnified and harmless at all times against any losses, claims, liabilities, proceedings, damages etc from the STC’s Associate buyer/customers/tendering authorities or otherwise arising out of indented transactions or in connection with any of the terms and conditions of this EOI and subsequent agreements, if any.

(f) The applicant shall submit an undertaking (as per annexure-II of this EMPANELMENT NOTICE) to the effect that it has not been blacklisted, debarred or banned by any government or state agency as on date.

(g) The applicant shall submit an undertaking (as per annexure-III of this EMPANELMENT NOTICE) to the effect that it has all the statutory required Permission(s)/ License(s)/Registration(s) from Appropriate Authority/Government as per latest Govt. of India policies, if any, for the performances of supply of commodities, whichever applicable.

3. SCOPE OF WORK:

(a) The selected applicants will form part of STC’s Standing Panel which will act as back up suppliers for STC, from amongst which STC expects to regularly execute contracts of supply. The suppliers will be required to strictly adhere to contractual product specifications and delivery parameters.

(b) The Empanelled supplier shall accept all terms and conditions of the contract with STC’s Associate Buyer/Customer/Tendering Authority on back to back basis and deliver the commodity in the manner required without any financial involvement on the part of STC.

(c) Based on specifications and requirement of the STC’s Buyer/Customer or tendering authority, STC shall invite limited e-tenders from amongst the empanelled suppliers. Applicant shall have all necessary set-ups like digital signature etc, for submitting offers.

(d) STC would quote the rates to STC’s Buyer(s)/Customers on the basis of rates offered by the Supplier to STC after adding a nominal Trading Margin of STC. The amount of trading margin would be decided by STC at their sole discretion and the same shall not be contested by the supplier.

(e) The sale to Customer would be on FOR Basis or as required by STC’s associate Buyer/Customer/Tendering authority on case to case basis. The basic terms of order received by STC from Customer shall mutatis mutandis apply in the back-to-back contract to be finalized between STC and the Supplier.

(f) The Empanelled Supplier (Associate Supplier) shall furnish EMD/Bank Guarantees, as required, to STC and shall also bear the expenses/bank charges, if any, incurred by STC in this regard.

(g) The supplier may also be required to submit an EMD/Performance Bank Guarantee, as required, the value of which will be decided by STC on Contract to Contract basis.

(h) Payment terms will be negotiated on Contract to Contract basis between STC and the associate supplier.

(i) In case the value of the contract exceeds Rs.5 Crores, the supplier will also be required to sign Integrity Pact. It will be assumed that all prospective applicants have gone through the Integrity Pact (Annexure IV of this EMPANELMENT NOTICE) and have no objections whatsoever in signing the contract.

(j) The selected supplier shall ensure compliance of all government legislations, policies, guidelines, orders etc. related to any or all of the above activities/commodities.

(k) The supplier shall undertake to abide by the statutory requirements and guidelines of the Indian Government from time to time

4. TERMS & CONDITIONS:

(a) The applicant should not have been debarred/ blacklisted/ banned from doing business and participating in tenders by any Government (Centre or State) /PSU for supply of Commodities mentioned at clause (1) above in India or abroad on the date of empanelment. In case of submission of false declaration (found at any stage), such supplier shall be disqualified.

(b) The Applicant may also be asked to furnish additional information /confirmation in connection with verification of the documents submitted by the Applicant, if deemed necessary, at the sole discretion of STC.

(c) The Empanelled supplier shall ensure compliance of all the Government regulations, policies, guidelines, orders, conventions etc., in force related to any or all of the activities covered in the contract for supply including shipping of the consignments, port inspection & clearances, storage, insurance, clearing, handling, forwarding and inland transportation, quality & quantity inspections etc.

(d) The supplier shall give a declaration that the supplier and/or any of its Members of Board of Directors and/or its promoters do not have any cross-holding/shareholding directly and/or indirectly in any manner whatsoever in the other provisionally selected suppliers for empanelment.

(e) The validity of this Standing Panel would be for one year from the date of confirmation by STC. STC shall have sole discretion to extend the validity of this standing panel for further one year depending upon the performance of the supplier(s). Validity of empanelment can also be terminated by STC at its sole discretion.

(f) All documents submitted in response to this “Empanelment Notice” shall become the property of STC upon submission.

g) Applicant(s) having same address or contact details would be rejected.

(h) Where the Applicant believes that information provided in response to this EMPANELMENT NOTICE is, or should be kept confidential; or disclosure of this information would unreasonably affect the Proponent’s business affairs, notice is to be given at the time of delivery of the information or documents by clearly marking such information ‘confidential’. In so far as is practicable, STC will give effect to the Applicant’s stated wishes, and requests for access to such information will be determined under provisions of RTI Act-2005.

(i) STC is not bound contractually or in any other way to any Applicant to this EMPANELMENT NOTICE. STC is not liable for any costs or compensation in relation to this EMPANELMENT NOTICE by the Applicants if STC terminates, varies, or suspends the EMPANELMENT NOTICE process or takes any other action permitted under this EMPANELMENT NOTICE, including consideration of concepts proposed in future developments. The EMPANELMENT NOTICE request is not the subject of any process, contract or any contractual obligations between STC and supplier or potential supplier.

(j) The above terms and conditions shall have to be considered by the Applicant in totality and the pre-qualification bid containing incomplete documents & not complying with the above conditions shall be summarily rejected.

(k) STC reserves the right to accept or reject any offer of EMPANELMENT NOTICE without assigning any reasons whatsoever. The decision of STC in this regard shall be final and binding on all participating suppliers.

(l) Empanelment of suppliers by STC does not entail any commitment from STC to enter into contracts during the validity of empanelment. STC reserves its right to abandon any part or whole of process without prior notice to prospective bidders.

(m) Prospective Supplier who qualifies as empanelled suppliers to STC would be individually notified after the evaluation process of empanelment is complete.

5. DOCUMENTS REQUIRED: The interested applicant shall submit the following information/documents in seriatim with cover page index as per the format(s) attached herewith along with their detailed proposal in a sealed envelope (with EMPANELMENT NOTICE number & date written on it) with each page of the document numbered, stamped and initialed.

(a) Cover page Index showing documents attached/enclosed with corresponding page number.

(b) Supplier Empanelment Form as per Annexure-I.

(c) A non-refundable fee of Rs. 5,000/- (Rupees Five Thousand Only) towards processing charges, in the form of a demand draft favoring “The State Trading Corporation of India Ltd.” payable at Bangalore must be submitted along with the EOI application. No exemption shall be granted in this regard.

(d) The prospective Supplier shall submit a satisfactory Credit Rating Report not more than six month old as on submission date from Dun & Bradstreet in a sealed cover. In case the applicant is not having Credit Rating Report from above agencies, the applicant may request the STC to obtain credit rating. A separate application requesting STC to obtain credit rating shall be attached in place of Sealed Credit Rating Report for this request. Applicant has to submit necessary charges, which will be intimated after receiving such request.

(e) The prospective Supplier shall submit a recent satisfactory Bankers Report addressed to STC from their lead banker in a sealed cover.

(f) Solvency Certificate worth Rs. 10 Crores from a scheduled nationalized Indian bank / private bank.

(g) Affidavit to the effect that the supplier has not been black listed by Govt. agencies /CPSUs/STC as on date as per annexure-II.

(h) Undertaking as per clause 2(g) above.

(i) Audited Balance Sheet and Profit & Loss Statement of the Company for the last 3 financial years i.e. 2013-14, 2014-15 & 2015-16.

(j) Copy of the income tax return filed in the last 3 financial years i.e. 2013-14, 2014-15 & 2015-16 should also be provided or equivalent.

(k) Copy of Memorandum and Articles of Association of Company, if applicable.

(l) List of the directors, partners/proprietors along with Copies of Identity proof and passport sized photographs of the respective Directors/Partners/Proprietors.

(m) Board Resolution/ Letter from partners authorizing all or any one of the Director/Partners to sign the documents.

(n) Signature of Partners/Directors/Proprietors duly attested by the bank.

(o) Documentary proof as indicated in eligibility criteria as per clause 2(b) above. The supplier shall clearly mention monthly production/supply capacity of the commodity for which the application is being made in space provided in Supplier Empanelment Form.

(p) IEC certificate, if any.

(q) Copy of PAN, VAT/CST/Tin Number Certificate, Trade License or equivalent.

(r) Complete signed copy of EMPANELMENT NOTICE as a token of acceptance of all the terms & conditions.

6. SUBMISSION OF Empanelment Documents

(a) Prospective Supplier may download Expression of Interest document from our website www.stc.gov.in under section “ADVERTISEMENTS/NOTIFICATIONS”, or can also obtain a copy of same from Corporate Office/Branch offices during office hours on any working day.

(b) No press advertisement shall be issued for the Updation/Corrigendum/Addendum. Prospective applicants are therefore advised to regularly visit above mentioned website mentioned at 6(a) to update themselves.

(c) Place of submission of Empanelment documents: The Empanelment document shall be submitted at Bangalore to The Branch Manager, the STC of India Ltd., STC Trade Centre, 6th Floor, 7/A, Nandini Layout, Bangalore-96; Phone: 080-2319-8801. The cover should also be super-scribed with the Empanelment Notice No. The empanelment documents can also be sent by post/courier and should reach STC’s Bangalore Branch offices.

(d) Date for submission of Application along with documents: Application for empanelment along with documents shall be submitted by the buyers within the period of one year from the date of issuance of this empanelment notice i.e. one year from publishing date. The empanelment shall be processed on FIRST cum FIRST SERVE BASIS.

(e) Applications received in Fax or E-mail will not be entertained. f) The enquiries for supply of above items will be floated to the empanelled suppliers with STC who are eligible as on the date of floating the enquiry.

7. DISCLAIMER The issue of this document does not in any way commit or otherwise oblige STC to proceed ahead with all or any part of a pre-qualification empanelment process. STC may, at its absolute discretion, shortlist, accept, disqualify, elect to abandon, reject any part or whole of the process without giving prior notice to the Proponents or potential Proponents. STC reserves the right to cancel the EMPANELMENT NOTICE in totality without assigning any reason at any point of time. All information contained in this EMPANELMENT NOTICE is bonafide. This EMPANELMENT NOTICE is only for preparation and maintenance of database. STC is in no way bound to limit its business enquiry/circulars to empanelled supplier(s) only.

8. The applicants hereto agree that the Honorable courts and tribunals at Bangalore shall have the exclusive jurisdiction to settle any or all disputes which may arise out of or in connection with this EMPANELMENT NOTICE and shall be decided in accordance with laws of India.

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