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INDIAN POTASH LIMITED

POTASH BHAVAN

10-B, RAJENDRA PARK,

PUSA ROAD

NEW DELHI 110 060

TENDER NOTICE NO.: IPL/UREA/2017-18/04

(Import of Prilled/Granular Urea)

Indian Potash Limited (IPL) proposes to import Prilled/Granular Urea in bulk from producers/ manufacturers/trading companies. Interestedparties may please send their offers in Sealed Covers in two parts namely Part -I and Part -II as mentioned hereunder. Both the covers will be separately sealed and put in another envelope duly sealed. The first cover will be superscribed "Offer for supply of UREA Part - I "Pre-Qualification Bid"‚ and the second cover will be superscribed "Offer for supply of UREA Part - II "Price Bid"‚ for easy identification.

The sealed cover containing the bids should be addressed to Shri S.S. Sandhawalia, General Manager (Port Operations), Indian Potash Limited at the above address.

Tender Notice No.: IPL/UREA/2017-18/04 shall be indicated on all the three covers.

1) The bidders are requested to furnish the bids in two parts. Part I will consist of pre-qualification details to enable the buyer determine the suitability of Bidders for effecting these supplies. The Part II Bid of Pre Qualified parties only will be opened for consideration. Part II will consist of "Price Bid".

2) Closing Date:

Offers made in the prescribed proforma against this enquiry should reach the addressee latest by 1100 hrs. IST on 25/09/2017 should remain valid for acceptance till 1700 hrs. IST on 28/09/2017. Offers once made cannot be withdrawn by the party during its validity. The offers, received, shall be opened immediately in the presence of bidders.

3) Specifications : As per Annexure I

4) Packing : In Bulk

5)  Pricing:

Offers should be made on FOBT as well as C&FFO basis for ports mentioned above in US Dollars (indicating thename of the loading port with facilities available and restrictions, if any) per Metric Tonne of Prilled/Granular Urea. Freight from load port to discharge port in India (all range) may also be indicated separately based on tender shipping terms along with C&FFO price (Annexure III). Offers received on C&FFO basis alone will be rejected and will not be considered for evaluation. Hence the bidders must quote FOB price and freight. For cargo originating from Iran, the quotes can be submitted in AED currency and for valuation purpose of such bids USD 1 = AED 3.6725 will be taken and supply will be on CIF basis. We will not accept different pricing for the same port. Optional quantity if offered, the option has to be exercised on the day of tender opening or subsequent negotiation stage. Please note that about 60% cargo is required on the West Coast of India while the balance quantity is required on East Coast of India.

6) Quantity Rebate:

Quantity Rebate which the supplier is willing to give must be indicated in the offer.

7)Shipment:

Bidders must clearly indicate specific quantity offered for sailing of vessels ex-load port latest by 08/11/2017. The load port must be specified along with quantity offered.

8) Shipment Terms : As per Annexure III.

9) Payment:

a)  Without prejudice to Buyer's right to recover the damages under terms of the Contract, payment less agency commission, if any, shall be made through an irrevocable, non transferable divisible commercial letter of credit. The letter of credit shall be established for the full value of the shipment in favour of the Sellers on nomination and acceptance of vessel on receipt of P.G. Bond and shall be payable for 100% of the invoice value against presentation of the following documents:

1)  One of the three original negotiable copies of the clean ‘Bill of Lading’ in long form and three non-negotiable copies thereof showing “ TO ORDER/ MINISTRY OF CHEMICALS & FERTILIZERS” as consignee. Charter party Bills of Lading acceptable provided it bears an endorsement that all the terms and conditions of the relevant Charter Party are deemed to have been incorporated therein.

2) Three original and three copies of beneficiary's signed ‘COMMERCIAL INVOICE’ for 100% Shipment Value. The Commercial Invoice must also specify Contract No. & date, Origin of goods, Port of Loading, Bill of Lading No(s), Date of Sailing of Vessel.

3) One original and two copies of ‘Certificate of Origin’ duly signed/issued either by the Local Chamber of Commerce or by Ministry of Trade/Industry/Commerce of the country of Origin of goods. Certificate of Origin issued by Manufacturer/ Supplier/Shipper/ Inspection Agency /Chamber of Commerce of third Country or any one else are not acceptable. For Chinese origin cargo, Certificate of Origin issued by ‘China Council for Promotion of International Trade” is acceptable..

4) One Original + Two copies of ‘Certificate of Inspection’ issued by the Buyer’s inspecting

agency showing results of analysis, method of analysis adopted and weight of the cargo

shipped. The Certificate must certify that the goods conform to the contractual quality

specifications.

5) One Original + Two copies of ‘Certificate of Quality’ issued by the Buyer’s inspecting

agency showing results of analysis and method of analysis adopted. The Certificate must

certify that the goods conform to the contractual quality specifications.

6) One Original + Two copies of ‘Certificate of Weight’ issued by the Buyer’s inspecting

agency showing weight of the cargo shipped.

7) One Original + Two copies of Certificate from the seller, showing results of analysis, method

of analysis, weight of the cargo shipped and certifying that the cargo conforms to the

contractual quality specifications. This certificate should be countersigned by the Buyer’s

inspecting agency.

8) One Original + Two copies of Certificate from the seller confirming that the material

supplied are correct as to quantity, rate, total value and the payment is due in accordance

with the terms of the contract at the time of presentation.

9) Copy of the ‘Shipping Advice’ sent by the Sellers to Buyers, through Fax / E-mail within 48

hours of the sailing of the vessel giving details of shipment. the name of vessel, Bill of

Lading No’s & date, Date of sailing, quantity shipped, Contract No & date, L/c No & date.

10)Certificate from the seller to the effect that the following documents have been dispatched

by the seller to the buyer through an reputed courier or registered airmail within seven days

of sailing of the vessel, along with Original Postal/Courier Receipt of such dispatch :

-  Two of the three original negotiable copies of the clean ‘Bill of Lading (s)’ in long form for full shipment quantity.

-  Two copies of beneficiary's signed ‘COMMERCIAL INVOICE’ for 100% Shipment Value.

-  Two copies of Certificate of Origin.

11) One Original + Two copies of ‘Stowage Plan’. Stowage Plan must be signed in ink by the

Master of the vessel and must bear his seal. In case Stowage Plan is issued by Vessels

Load Port Agents, original Letter of Authority issued by the Master of the vessel authorizing

the issuance/signing of Stowage Plan by the Vessels Load Port Agents must be attached

to such Stowage Plan.

12)One Original + two copies of Load Port ‘Draft Survey Report’, jointly signed by shippers agent, Vessel master/Agent and Buyer’s inspecting agency.

13) Original NOR (Notice of readiness) tendered at discharge port and received by IPL

or its nominated agency (applicable in case of CNF Contracts with non-traditional suppliers and in case of loading of goods from Iranian ports).

The L/Cshall be established only after receipt of PG Bond in the approved proforma, nomination and acceptance of vessel. The charges for establishing letter of credit and bank charges in the country of Buyers shall be to the Buyer's account. All bank charges in the sellers country shall be to the account of sellers. The letter of credit extension and amendment charges will be to the account of the party responsible for occasioning the extension/amendment.

10. GENERAL CONDITIONS

a)Bidders should furnish alongwith their offers earnest money by means of a Bank Draft issued by a nationalised bank at New Delhi(India) or through a Bid Bond, in original in the prescribed proforma (Annexure IV) issued by a nationalised bank in New Delhi (India) in favour of IPL and kept valid until 28/10/2017 at following rates:

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Earnest Money

Deposit/Bid Bond

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Category – 1

1. Urea producers as per latest

list published by IFA NIL

Category - II

2. Urea accredited suppliers,

who have successfully supplied urea to

India for at least two years in the last five years US $ 3 per MT

Category - III

3. Non traditional suppliers US $ 10 per MT

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The EMD/Bid Bond value should be calculated on the basis of total quantity (plus tolerance) of urea which has been offered by the bidder under the tender.

In the event of an offer being accepted,the tenderers shall furnish to IPL unconditional Performance Guarantee Bond in the prescribed proforma through any nationalised bank in New Delhi(India) within 10 days from the date of acceptance of their offer for a sum equivalent to below noted percentage of the value of the contract for performance, adjustment of penalities/ despatch etc. based on discharge port results (Annexure V).

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Performance Guarantee

Bond (in US dollars)

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CATEGORY -1

1. Urea producers as per latest

list published by IFA 1% of contract value including plus

tolerance

CATEGORY - II

2. Urea accredited suppliers,

who have successfully supplied urea to

India in the past two years 3% of contract value including plus

tolerance

CATEGORY - III

3. Non-traditional suppliers 10% of contract value including plus

tolerance

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The earnest money/Bid Bond shall be forefeited if the performance bonds are not furnished as required and within prescribed time frame. Bidders may please note that Bid Bond number or duplicate/photocpy of the Bid Bond will notbe considered adequate and offers without earnest money/valid Bid Bond in original are liable to be rejected.

b)Bidders are required to indicate the country of origin of the material offered, load port and facilities with restrictions. In case, the supply is from Iran, the bidder must mention the manufacturer/shippers full details.

c)At the time of signing the contract, suppliers will indicate laydays spread over 2 weeks for nomination of vessels by Transchart (applicable in case of FOBT contracts only).

11. IMPORTANT POINTS FOR CAREFUL CONSIDERATION

i)Offers to be strictly made in the format.

ii) Incomplete offer/offers not conforming strictly to specifications as well as to conditions prescribed in this tender documents will not be considered.

iii) Offers received with Bank Draft/Bid Bond only (except in cases where it is exempted) will be considered. Intimation of advice regarding opening of Bid Bond will not suffice.

iv) Loading Rate shall be 6000 MTs per day WWDSHEX UU for all ports (applicable in case of FOBT contracts only).

v) Fixtures of floating shipments for supply of urea shall not be accepted.

v)Schedule of shipment for the entire contracted quantity will be declared within 7 days of award and no further extension of shipment schedule shall be considered by IPL on any grounds, other than force majeure Clause.

vi) PG Bond submitted by the supplier will be released only after receipt of discharge port draft survey and analysis reports, and recovery of penalties, settlement of despatch/demurrage, liquidated damages and dead freight/any other claim etc. if any.

vii) Freight from loading port to discharging port/s in India (all range) may be indicated separately.

viii) Change of country of origin will not be permitted.

ix) IPL is not bound to accept the lowest Bid and reserves the right without assigning any reasons,to accept or to reject any Bid in part or infull or to buy any quantity in excess of the tender quantity if the prices are considered attractive.

x) The bidder should warrant that he had made full disclosure of the amount payable to the Agent in India as commission. If the bidder does not indicate the name of his agent or representative in India and the amount of commission payable to him in the offer, it will be assumed that no agent's commission is involved. If it transpires later that such a commission was involved, the bidder will be required to refund the amount involved, upon demand without demur.

xi) The Indian Agent's commission, if any, should be indicated separately. It will be paid by the IPL in India in Indian Rupees. The conversion will be made only at the prevailing rate of exchange between Rupees and foreign currency. In case the Indian agents are foreign controlled companies as defined under Foreign Exchange Management Act 1999, certificate/permission from the Reserve Bank of India Government of India, as the case may be that they are entitled to do the agency business and receive commission from IPL should be enclosed with the tender. Payment of agent's commission will be subject to deduction of tax as may be applicable.

xii)Please note that quantities offered have to be firm quantities with stipulated tolerance of (+/-) 5%. Quantities should not be offered in range (like 100,000 – 110,000 MTs etc.). Offers with range of quantity or more than stipulated tolerance (+/-) 5% are liable to be rejected at sole discretion of IPL.

12. Delivery is the essence of the contract and shall be treated as firm. Any delay in effecting contracted shipments, will render the sellers liable as per Default Clause, detailed at Serial No.19.

13. FORCE MAJEURE

i)If at any time during the existence of this contract either party is unable to perform in whole or in part any obligations under this contract because of war,hostility, civil commotions, sabotage,quarantine restrictions, Acts of God and acts of Government (including but not restricted to prohibition of exports or imports), fires, floods, explosions, epidemics, strikes, embargoes, then the date of fulfilment of engagement shall be postponed during the time when such circumstances are operative.

ii)Any waiver/extension of time in respect of the delivery of any instalment orpart of the goods occasioned due to reasons in (i) above,shall not be deemed to be waiver/extension of time in respect of the remaining deliveries.

iii)If operation of such circumstances exceeds 3 months, each party shall have the right to refuse further performance of the contract in which case neither party shall have the right to claim eventual damages.