SPECIAL TERMS & CONDITIONS OF THE TENDER

1. The list of materials put up for sale by Tender may please be seen at Annexure 'I' (enclosed) wherein rates are to be filled up by the tenderer & submitted as per following instructions and terms & conditions.

2. MODE OF SUBMISSION OF TENDER:

Tenderers are required to drop their quotations in a sealed envelope in the Tender Box kept at the address given below on any working day prior to the tender closing time and date fixed for the tender. Tenders received after the closing date and time shall be summarily rejected. Tenderers should submit their tenders in a sealed envelope with the reference of Tender no.: and date of opening legibly & prominently written at the top of the cover should be addressed to:

THE REGIONAL MANAGER (ERO),

MSTC LIMITED,

225F, ACHARYA JAGADISH CHANDRA BOSE ROAD, (3^RD FLOOR),

KOLKATA - 700 020.

MSTC shall not be responsible for any delay in submission of or loss of quotation(s) in postal transit. Tender shall be submitted latest by the date/time stated in the first page as the tender closing/opening time. Tender will be opened immediately thereafter in presence of tenderers who may like to be present.

3. OFFER VALIDITY:

All tenders should be kept valid for acceptance for a period as specified on the first page of tender document.

4. INSPECTION:

The materials offered for sale can be inspected at the locations indicated in the list at Annexure-I with prior permission of the Owner from the dates and time mentioned at first page.

It will be presumed that the tenderers have full knowledge of the materials & the terms & conditions of sale when they submit an offer.

5. EARNEST MONEY/ SECURITY DEPOSIT:

i) The Tender shall be accompanied with earnest money favouring MSTC Ltd., in the form of Demand Draft/Pay Order and payable at Kolkata, to be drawn on any Scheduled Bank for an amount as specified in the first page.

ii) PEMD scheme of MSTC will not be applicable.

6. VALIDITY OF CONTRACT/PERIOD OF CONTRACT:

6.1 The contract shall be treated as having been concluded as soon as Letter of Acceptance is issued by MSTC to the successful tenderer. The period of contract shall be 60 days from the date of issue of Delivery Order / Sale Release Order or till the entire material has been lifted by the buyer, whichever is earlier.

6.2 The contract shall be deemed to be completed as soon as the area is cleared by the buyer of the entire material in the sold lot or completion of the period as mentioned above whichever is earlier.

6.3 However, OWNER/MSTC reserves the right to extend the validity period of the contract if they deem fit.

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Signature of the Tenederer

Contd. ...2/-

-: 2 :-

7.0 MODE OF PAYMENT:

7.1 100% value of material along with applicable Taxes & Duties on the full material value as per the instructions as to be stated in the Acceptance Letter (AL) within 15 days from the date of issuance of AL.

7.2 All decimal fractions to be rounded off to nearest rupee.

8.0 DEFAULT IN PAYMENT:

In case of default in payment within the time limits specified in the Special Terms & Conditions of Tender, the relevant clause of the General Terms & Conditions of the tender will be applicable. However, MSTC/OWNER reserves the right to accept or not to accept payment beyond free payment time stipulated in acceptance letter.

9.0 DELIVERY:

9.1 The successful tenderer shall remove each lot allotted to him by employing his own labour and transport at their own cost from the area allotted to him within 30 days from the Delivery Order / Sale Release Order (SRO) or such number of days from the date of issue of delivery order as mentioned against each lot at Annexure-'I'.

9.2 The successful tenderer shall follow the procedure of taking the material out of the Owners premises as prevailing in the respective works of the Owner within the time allowed in this behalf. The tenderer shall note that no lifting will be allowed on Saturday/Sunday and closed holidays observed by the Owner. The trucks for lifting must report by 8.00 A.M. and lifting will be allowed in presence of Security Personnel of the Owner.

9.3 General procedure for obtaining Gate Pass for the supervisor indicated below:-

(i) 6 copies of recent black and white passport size photograph, 2 copies of Character Certificate (from two separate persons) and 3 copies of PVR's (PVR form will be available at the factory) for each of the supervisor of the Buyer.

(ii) Similarly 4 copies of recent passport size photograph black & white), 2 Character Certificate (from two persons) and 3 copies of PVR's for each labourer will be furnished to this office by the Buyer before lifting materials for arranging necessary entry passes.

10.Before removal of excisable goods collection of any penalty, ground rent etc. i.e. any additional consideration will form a part of assessable value/ transaction value in terms of Section 4 of the Central Excise Act 1944 read with valuation rules 1944.

11. Allotment of Quantities of Non-Ferrous Scrap for Reserved Quota (Applicable only for Ordnance Factories) :

In case of Ordnance Factories, at their sole discretion and as per details stipulated in the Schedule of Items, they may sell certain specified categories of Non-Ferrous Metal Scrap on Reserved Quota basis by splitting the total quantity of such material available for disposal into separate Lots for allotment against SSI Quota, Export Quota, Open Quota and PBDA Quota as per the prevailing procedure/policy of Ordnance Factories / Ordnance Factory Board (OFB) / Ministry of Defence (MOD) in this regard. The Export Quota will be reserved for allotment to bonafide Registered SSI Units engaged in the manufacture of goods from scrap for Export and excluding Export Oriented Units registered with / Members of Peetal Basti Dastkar Association (PBDA), Muradabad. PBDA Quota will be reserved for Members/Export Oriented SSI Units registered with Peetal Basti Dastkar Association, Muradabad. Tenderers quoting for the SSI Quota must submit along with their Tender a notarised photocopy of valid Registration Certificate issued by NSIC/SISI/Directorate of Industries concerned. Tenderers quoting for Export Quota must submit along with their tender, a notarized photocopy of Certificate from an ICAI Registered Chartered Accountant showing exports made in the last three years as proof of their status as an Export Oriented Unit for verification by MSTC / Ordnance Factory. A price preference of 10% over the highest tendered rate received from the Open Quota Tender will be allowed to the valid tenderers of SSI Quota and the Export Quota and a price preference of 7.5% will be allowed to valid tenderers of PBDA Quota. In the event of any quantity reserved for the SSI /Export / PBDA Quota, not being disposed off, the same may be allotted to Open Quota Party at the sole discretion of Ordnance Factory. All allotments against the abovementioned Quota system will be entirely at the sole discretion of GM, Ordnance Factory and no complaints / representation will be entertained by MSTC / Ordnance Factory in this regard. All Tenderers must submit their Income Tax Pan No. and the Registration No. of their State and Central Sales Tax Registration as a Dealer to MSTC at the time of submitting their Tender / Offer.

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Signature of the Tenederer

Contd. ...3/-

-: 3 :-

DECLARATION BY THE TENDERERS

I/we undertake that no conditional / combined offer(s) have been submitted by me/us in the offer of the tender and in case any such conditions are found, this may be ignored.

I/We have fully understood the above Special Terms & Conditions as will General Terms & Conditions of tender(attached with the tender) which are returned herewith duly signed by me/us in token of having accepted the same in toto and I/We have made my /our offer keeping in view those Terms & Conditions .

SIGNATURE OF THE TENDERER : ___________________________________________________________

NAME OF THE TENDERER :____________________________________________________________

STATUS :____________________________________________________________

NAME OF THE TENDERINGFIRM & ADDRESS : __________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

FAX NO :___________________;TEL.NO:________________________________;DATE:________________

BANK ACCOUNT NO :_____________________________________________________________________

NAME OF THE BANK & BRANCH WHERE ABOVE ACCOUNT IS HELD: ______________________________________________________________________________________________________________________________________________________

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(OFFICIAL RUBBER STAMP IS TO BE AFFIXED HERE)