NATIONAL FERTILIZERS LIMITED VIJAIPUR 473111, · PDF fileDefinition of Terms (annexure IV) 29-...

1

NATIONAL FERTILIZERS LIMITED

VIJAIPUR – 473111, DISTRICT GUNA (M.P.)

(CIVIL ENGINEERING DEPARTMENT)

TENDER FOR: ‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN

TOWNSHIP’

REFERENCE : NIT NO. NFVP/ CICO/ 3322 DATED: 24.10.016

TABLE OF CONTENTS

Page No.

S. No. Description From - To

This Tender Document (AS ISSUED TO CONTRACTOR) Consists of following:

Table of Contents

Part A:-

1. Special Instructions for E-tendering 1-5

Part B:-

1. Notice Inviting Tender (Copy of NIT) 6

2. Forwarding of tender to contractor (annexure I) 7-9

3. Instruction to tenderers 10-13

4. Tender Form 14-16

5. Supplementary Conditions 17-26

6. Declaration Form I (annexure II) 27

7. Declaration Form II (annexure III) 28

8. Definition of Terms (annexure IV) 29- 30

9. General terms and Conditions (annexure V) 31- 39

10. Scope of work & Defect liability period 40

11. Eligibility Criteria 41-42(02 Pages)

12. Integrity pact agreement 43-48

13. Schedule of Quantities 02 Pages

_________________________________________________________________________

TOTAL SHEETS OF TENDER : 50 Pages

NOTE: The tenderer(s) shall satisfy themselves before submitting that no page or document

listed above is missing from the tender Issued to him / them.

2

National Fertilizers Limited

(A Government of India Undertaking)

Vijaipur – 473 111, Dist: Guna (MP), India

(An ISO 9001, 14001 & OHSAS 18001 Unit)

Phone: +91 (0) 9425354361 Email: [email protected]

Fax: +91 (0) 7544 273 089 Website: www.nationalfertilizers.com

E-TENDER

(Under Two-part Bid System)

Tender No: NFVP/CICO/3322

‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP’

SPECIAL INSTRUCTIONS TO TENDERERS

1. Mode of Tendering:

The Vijaipur Unit of National Fertilizers Ltd. (NFL) has decided to line-up Contract for

‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPELINE IN TOWNSHIP’,

against this tender through e-tendering mode under TWO PART BID system. The NIT will be

posted on our E-Tender Portal https://nfl.etenders.infrom where the registered contractors will be able to

download the tender documents free of cost for participation in the tender and submit their bids online.

The tender submission, tender closing and opening will be done electronically and online.

2. NFL has appointed M/s NexTenders (India) Private Limited, Mumbai as its service provider for its e-

Procurement solution. Also, as per IT ACT 2000, use of digital signatures certificate shall be mandatory

for participating in e-tendering process.

3. The procurement shall be made through e-Tendering process. In this process, the tenders shall be

submitted online duly digitally signed and encrypted by the Tenderers using their Digital Signature

Certificate on the website https://nfl.etenders.in.

4. No oral, email, telephonic, telegraphic tenders or tenders submitted in hard copies/ physical form will

be entertained.

5. System requirements to participate in the e-Tendering are as under:-

i. Computer with minimum i3 Processor or equivalent, having 1 GB RAM and 80 GB HDD

Capacity (Minimum)

ii. Operating System required:-

- Window 7 Ultimate / Professional / Enterprises / Ultimate

- Window XP (Service Pack 3 and Above)

iii. Internet Speed of 512 kbps or above

iv. Browsers: Preferred Browsers Mozilla Firefox or Google Chrome

v. Adobe Acrobat Profession 6 or above for digitally signing the Document

vi. Java 7 Update 67 (Updated 32 bit Java version & above) – Essential

vii. Java Settings

- Download and Install Java 7 Update 67 available under ‘System Requirement’ Tab on the

home page of https://nfl.etenders.in

- After installation, open Control Panel and Click on Java Icon

mailto:[email protected]

http://www.nationalfertilizers.com/

https://nfl.etenders.in/



3

- Click ‘Security’ Tap on the Java Configuration Panel and bring the Security Level to

Medium. Click on Edit Site List Tab and add the URL name https://nfl.etenders.in and click

‘Add’ Tab and ‘Ok’ Tab

- Open the Java Control Panel and Click the Tab ‘Advanced’

- Select ‘Show Console’ under Java Console

- Select ‘Always Allow’ under JNLP File/MIME Association

- Select ‘Disable Verification (Not recommended)’ under Mixed Code (Sandboxed vs.

Trusted) Security Verification

Once the above pre−requisites are configured/available in the system, users can click on

https://nfl.etenders.in and the e-Procurement portal will be available

viii. Digital Certificate

For performing e−commerce, class II and above (organization) Digital Certificate is required.

Digital Signature Certificate (Class II or Class III Organizational) are being issued by many

Govt. approved (CCA of India) agencies as per IT Act 2000. For your convenience, we have

made arrangements to get the Digital Signature Certificates from our service provider M/s.

NexTenders (India) Private Limited on payment of necessary fees.

ix. Download and Install Digital Certificate setup (NxtCryptoSetup.msi) available under System

Requirement link of home page https://nfl.etenders.in using Administrator user access.

6. The above Tender will be available on URL https://nfl.etenders.in. Interested eligible Contractors shall

visit the URL for downloading of tender documents, bid preparation, hash submission, bid submission

etc.

Note: - Please refer Bidder Manual which is available on the home page https://nfl.etenders.in for system

requirement, browser configuration, procedures etc.

7. Tenders are required to be submitted online duly digitally signed and encrypted by using their Digital

Signature Certificate.

8. Tenderers are requested to scrutinize the terms and condition of this tender thoroughly along with the

General Terms and condition etc. as given in tender documents before proceeding for preparation of

Online Bid.

9. No amendment to the tender would be admissible under any circumstances, whatsoever after the

closing date and time of receipt of tenders.

10. The Earnest Money Deposit & Tender fee is to be deposited with NFL by way of Bank Demand Draft

(in favour of “National Fertilizers Limited" payable at SBI Bavrikheda (Code No.8455) or Online

Transaction(NFL Account No:10346673311, IFSC code SBIN0008455). Though the Vendor is

required to upload the scanned image of DD/online transaction receipt , however, it may be noted that

the DD/ online transaction receipt must reach us before the techno-commercial bid opening (as per

tender schedule). In case Vendor fails to submit the requisite EMD /tender fee prior to bid opening (as

per tender schedule), the offer is liable to be rejected and may not be opened.

11. The Security Deposit together with EMD/Initial Security Deposit shall be 10% of the contract value.

Initial Security Deposit (ISD) shall be 2.5 % of the Contract Value which is required to be deposited

within 10 days of the issue of the letter of intent by the successful bidder. EMD shall be adjusted

against SD.

12. For queries regarding e-tendering process, you may contact us or our Service Provider M/s. NexTenders

(India) Private Limited, Mumbai or NFL. Contact details are as under:

i. National Fertilizers Limited (For Tender details)

i. Name: Shri G. D. Aujha Chief Manager (Civil)

Contact No.: 09425354361




4

Email: [email protected]

ii Name: Rajiv Rajput Manager (Civil)

Contact No.: 09217278751

Email: [email protected]

ii. M/s. NexTenders (India) Private Limited, Mumbai (For e-Tender Process/Procedure

related matters)

Technical Support Contact (For Contractors): Name: Desk No. 2

Contact No: 091672 46751

Landline No: 020 – 30187500

Email ID: [email protected]

For Digital Certificate Support:

Name: Mr. Aziz Kariyania

Phone No.: 022 – 2879 0311 / 098203 98781 / 092234 00489

Address: Adweb Techno Trade Private Limited

309, Krishna Commercial Centre, 6, Udyog Nagar

Off. S.V. Road, Goregaon (West), Mumbai – 400 062

13. All the contractors participating in the online e-tendering have to abide by the process involved in the

entire workflow of the e-tendering.

14. NFL shall not be held responsible for any mistake made by the vendor at the time of bidding process. In

case any Vendor submits any invalid bid due to any reason whatsoever including typing mistake/human

error, such invalid bid will be disqualified and such vendor shall not be allowed to further participate in

that tender. The remaining process shall be completed considering the other valid bids.

15. For submitting price bid through e-tendering the successful qualified tenderers will have to use a Class

II or Class III Digital Signature Certificate issued by any Indian CA approved by CCA of India as per

IT Act 2000. The same can also be taken through NFL’s service provider i.e. M/s. NexTenders (India)

Private Limited, Mumbai on payment of necessary fees.

16. It is mandatory for the contractors to use the digital certificate in all their bidding Process.

17. It is the entire responsibility of the contractors to protect their own login id and Password and keep their

digital certificate safe so that it shall not be misused by any other person.

18. Tender Schedule:

The notice of issue of enquiry and detailed schedule for downloading the NIT documents, submission

of bids, tender closing, tender opening, and subsequent clarification/ amendment in schedule etc. shall

be available on the above mentioned website against this tender.

Tender Schedule is as under:-

Sl.No. Tender Stage Date and Time

1 Start Date for Document Downloading 25/10/2016 1700 Hrs

2 End Date for Document Downloading 12/12/ 2016 1500 Hrs

3 End Date for Bid Submission 12/12/ 2016 1500 Hrs

4 Start Date for Techno-Commercial Bid

Opening.

12/12/ 2016 1530 Hrs onwards

5 Price Bid Opening Date Date shall be informed separately to

all technically suitable bidders




5

Note: After expiry of date & time for a particular activity as mentioned above, that particular

activity cannot be done unless the schedule for the same is extended/amended. Similarly no activity can

be done before start date & time specified for that particular activity unless the schedule for the same is

pre-poned/amended

19. The activity defined for contractors are :- Download of Tender document, Bids Preparation, Re-

encryption of Online bid and Uploading of bids.

20. During the Download sequence, the contractors who have been invited will be able to download the

main tender document and the supporting documents.

21. During the Bid Preparation and Hash Submission Stage, the bidders who have downloaded the tender

document during the previous sequence will be preparing their bids and submitting their bid signed

hashed online. Additionally, hashes will be generated for each single document (files) that is committed

to be part of the bid. The bids will be prepared and hashes will be generated and signed envelope-wise.

The signatures will be done digitally using DCs.

22. During Re-encryption of Online Bid sequence the bidders will re-encrypt their bid data and upload the

documents for which hashes have been generated and submitted during the bid preparation and hash

submission stage. The bids will be re-encrypted with the public key of the proprietary key pair that has

been assigned to this tender.

23. Tender Opening:

The tenders will be opened electronically by NFL from Vijaipur Office in the presence of

representatives of Contractors who wish to attend the technical / price bid opening. The submission of

bids may however be done by contractors from their office or from place of their choice or they can

visit our Vijaipur Office and use NFL’s facilities for preparation and submission of their bids. However

bids cannot be submitted after the bid submission due date & time as per the schedule.

Price bid of all the contractors who are techno-commercially acceptable shall also be opened

electronically.

24. NFL reserves the right to reject or accept any tender without giving any reason.

25. System failures and remedial measures thereof/course of action to be followed

NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live

tendering. However in case the system could not be restored within the reasonable time period as

deemed fit by NFL, the following remedial measures shall be taken under such an eventuality:

1 Tender is prepared and released but

contractors are not able to submit their bids.

The due date of closing/opening shall be

extended suitably.

2 Bids have been submitted but the same cannot

be opened by NFL.

The due date of opening shall be extended

suitably.

26. Name & Address of the Consignee/Unit:

Chief Manager (Civil)


Vijaipur-473111

Dist.: Guna (M.P.)

27. TIN/C.S.T. Nos.

VIJAIPUR: TIN NO.23435002504 CST NO. GNA/1363 DT.25-05-1984

6


VIJAIPUR - 473111, DIST. GUNA (M.P.)


NFVP/CICO/3322 DATE: 24.10.2016

NOTICE INVITING TENDER Sealed item rate tenders for the following work are invited through E-TENDERING in Two Bid

system i.e. Part-I Techno Commercial Bid( including EMD& Tender Fees) , and Part-II consisting of

Price Bid, from experienced & financially sound Contractors:

Name of work : ‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE

LINE IN TOWNSHIP’ Cost of tender Documents : Rs.1000.00 (Rupees One Thousand only) (Including VAT)

Contract period : (Twelve) 12 Months

Estimated value of work : Rs. 129.58 Lakhs excluding cost of cement & service tax

Earnest Money Deposit : Rs 100000.00 (Rupees One Lakh only)

Document Downloading : From 25.10.2016 TO 12.12.2016

Bid Submission

(Part-I & Part-II) : 12.12.2016 Upto 3.00PM

Opening of tenders

(Part-I) : 12.12.2016 at 03:30 PM

(Part-II) : To be decided after opening of part-I

Tender shall be issued/downloaded only by such contractors who submit the proof of having their PAN

number and meet the eligibility criteria as mentioned below:

The contractor should have experience of successfully completed similar works containing any of works

like “Construction & maintenance of buildings/water supply/piping work/ Sewage/Storm water drainage

system” during last 7 years ending last day of month previous to the one in which applications are invited

should be either of the following:

a) Three similar completed works costing not less than the amount equal to Rs. 52.00 lakhs

Or

b) Two similar completed works costing not less than the amount equal to Rs.65 lakhs

Or

c) One similar completed works costing not less than the amount equal to Rs.104 lakhs

d) Average annual financial turn over during the last three years, ending 31st March 2016 should

be at least Rs. 39 Lakhs

*Bidders to confirm average annual financial turnover of Rs.39 lakhs and should submit audited copies

of P&L balance sheet for last 3 years up to 31.3.2016 to check positive net worth etc

The Cost of tender documents and Earnest Money Deposit shall be in the form of Bank Demand Draft

(in favour of “National Fertilizers Limited" payable at SBI Bavrikheda (Code No.8455) or Online

Transaction(NFL Account No:10346673311, IFSC code SBIN0008455). Bids not accompanied by

Earnest Money Deposit & Tender fees shall be straightaway rejected.

NFL reserves its right to accept/reject any or all tenders or split up the work between two or more

agencies without assigning any reason thereof.

Earnest Money Deposit of unsuccessful tenderers shall be refunded after the finalization of award of

the work. NFL shall not be responsible for delay of tenders sent through post or courier services.

Tenderer may depute their accredited representative at the time of opening of tenders who may like to

be present.

Tender documents can be downloaded from website of NFL (www.nationalfertilizers.com) and CPP

portal however the cost of tender documents shall be submitted in the form of Demand Draft /Online

Transaction, as described above at the time of submission of tender document.

(G.D.Aujha)


7

Annexure-I

I - 1


(A GOVERNMENT OF INDIA UNDERTAKING)

CIVIL ENGINEERING DEPARTMENT

VIJAIPUR – 473111, DIST. GUNA (M.P.)

No. NFVP/CICO/3322

Date: 24.10.2016

Covering Letter of NIT

Ref. NIT No. NFVP/CICO/3322 Dt 24.10.2016

To,

__________________________

__________________________

__________________________

Sub:

Dear Sirs,

Sealed tenders are invited for the work as detailed below:

1. Name of Work: as mentioned in NIT

2. Earnest Money as mentioned in NIT

3. Tender Fee: as mentioned in NIT

4. Estimated Value of the work : 129.58 Lakhs

5. Time of Completion: 12 (Twelve) Months

6. Last date of issue of Tenders: as mentioned in NIT

7. Last date and time of Receipt of Tenders: as mentioned in NIT

8. The date and time of Opening of Tenders: as mentioned in NIT

9. Place of receipt and Opening of Tenders: as mentioned in NIT

10. All request for interpretation, clarification & queries in connection with tender shall be addressed in

writing to Issuing Authority e.g. Chief. Manager (Civil) at least 7 (SEVEN) days prior to the closing date

of the tender.

11. The Tender shall be submitted duly super scribed (Name of the work……… e.g. as mentioned in NIT at

page number 6 )

12. The rate should be quoted in the Units given in the Schedule of Rates. The rates should be quoted in

words and figures. The rates quoted shall remain valid for 120 days from date of opening of tenders for

the acceptance.

13. National Fertilizers Limited reserves the right to reject any or all tenders without assigning any reason

whatsoever and also do not bind to accept the lowest tender. The tender can be split between two or

more contractors without assigning any reason thereof as per the requirement on case to case basis.

14. Tender shall be submitted in TWO SEPARATE Parts as under:

8

I - 2 Part 1:

Shall contain earnest money deposit of 1,00,000.00 (Rs.One Lakh only) and 1000.00 (Rs. One

Thousand only) as Tender Fees in the form of a crossed demand draft (separate for both amount) issued by

any scheduled bank except rural and cooperative bank in favor of National Fertilizers Limited, ………(place

e.g. Vijaipur) payable at……… (place e.g. Vijaipur) or Online Transaction(NFL Account No:10346673311,

IFSC code SBIN0008455)

&

Shall contain terms and conditions set for the tender by tenderer for his offer (in duplicate) and which are at

variance from the terms and conditions of the tender documents issued by NFL and the documents as per

Para 16 & 18.

(DECLARATION FORMS to be enclosed in this envelop)

Part -2

Shall contain Price Bid( the rates and amount quoted) in the prescribed schedule of rates.

15. Opening of Tenders

The tenders will be opened electronically by NFL from Vijaipur Office in the presence of representatives of Contractors who wish to attend the technical / price bid opening. The submission of bids may however be done by contractors from their office or from place of their choice or they can visit our Vijaipur Office and use NFL’s facilities for preparation and submission of their bids. However bids cannot be submitted after the bid submission due date & time as per the schedule.

Price bid of all the contractors who are techno-commercially acceptable shall also be opened electronically.

16.0 The following documents are to be submitted with the quotation in the Part 1, failing which the tender

will be liable for rejection:

16.1

a) Declaration Forms I & II

b). An Affidavit on Non-Judicial Stamp paper of min. Rs.10/-duly attested by Notary, stating: -

i) That party/their associates/sister concerns etc. has not been black listed or put on holiday by any

institutional agency/ Govt. Deptt. /Public Sector Undertaking in the last two years for participating in the

tender.

ii) No other firm/sister concerns/associates belonging to the same group is participating/submitting tender

for the job.

c) Other details are as under:

PAN (Permanent Account No.) issued by Income Tax Deptt.

Service Tax No., Code No./Accounting Code if applicable.

Cancelled Cheque

d) Power of Attorney in the Name of Person, who has signed the Tender Document. (In case of Partnership

Firm or otherwise as the case may be).

16.2 In case the parties are not pre-qualified, their offer will be considered as per laid down pre-qualification

criteria’:Tenderer shall submit along with the tenders full particulars of their capacity, experience giving

the list of similar jobs carried out by them during the last seven years, the complete address of

organization

9

I - 3

for which such works have been executed and also substantiate their claims furnishing the copy of

their credentials as per NIT. In the absence of these documents tender will not be considered.

17 The contractor shall quote single rate against each item and not the multiple rates in the Schedule of Rates. Any tender with the multiple rates quoted will be summarily rejected. Price should be quoted

strictly as per the Performa enclosed for Schedule of Price.

18 This letter shall form part of the contract document and shall be signed and returned along with the

tender documents.

19 All pages shall be initialed at the lower right hand corner and signed wherever required in the tender

papers by the tenderers or by a person holding power of attorney authorizing him to sign on behalf of

the tenderer before submission of tender. All corrections and alterations in the entries of tender paper

will be signed in full by the tenderer with date. No eraser or overwriting is permissible.

20 No condition or deviation should be mentioned by tenderer in Price Bid. Offers where the party has

mentioned any condition or deviation in Price Bid shall be out rightly rejected.

21 While submitting the offer, bidders may ensure that tender document/offer has been signed by

authorized signatory of the company. Subsequent withdrawal of offer / non-acceptance of orders

placed based on the offer submitted by them, will not be entertained on the ground that the offer was

not signed by the authorized person.

22 One person will be allowed to represent only one company during discussion/negotiation with NFL. If

same person is representing different companies with authorization letter from more than one

company, such person will be allowed to represent only the first company called for negotiation.

23 The Tender shall be addressed to Ch. Manager (Civil).

Thanking you,

Yours Sincerely,

For National Fertilizers Limited

G.D.Aujha

Ch. Manager (Civil)

10

II-1


(A GOVT. OF INDIA UNDERTAKING)

VIJAIPUR - 473 111, DIST. GUNA (M.P).

NIT No. NFVP/CICO/3322 Dt. 24.10.2016

INSTRUCTIONS TO TENDERERS

1. E- tenders are invited on behalf of National Fertilizers Limited, New Delhi for the work of "AS

MENTIONED IN NIT". The tender shall be submitted in the prescribed form.

2. The work is required to be completed within the period AS MENTIONED IN NIT

from the 15th (fifteenth) day after the date on which the Engineer-in-Charge issues written

orders to commence the work or from the date of handing over of the site, whichever is later, in

accordance with the phasing, if any, indicated by NFL in the tender documents/Work Order.

3. Tenderers shall submit their tenders online complete in all respects together with all documents

mentioned in the tender up to AS MENTIONED IN NIT. The tenders will be opened on the

same day at 15:30 hours in the presence of tenderers or their accredited representatives who may

like to be present. Before submitting their tenders, the tenderers are advised to go through

the following terms and conditions very carefully.

4.a) The tender shall be accompanied by Earnest Money of Rs. AS MENTIONED IN NIT in the

form of Demand Draft payable at State Bank of India Bavrikheda(Code No. 8455 ) District

GUNA (M.P.) in favour of National Fertilizers Limited or Online Transaction(NFL Account

No:10346673311, IFSC code SBIN0008455).

4.b) The Standing EMD / EMD submitted earlier against this or any other work and if lying with NFL,

shall not be considered for this NIT and the contractor has to submit fresh EMD for this work.

5.a) Not more than one tender shall be submitted by a contractor or by a firm of contractors. No two

or more concerns in which an individual is interested as a proprietor and/or a partner shall tender

for the execution of the same works. If they do so, all such tenders shall be liable to be rejected.

5.b) The contractor should quote the rates both in words and in figures and show the total quoted

amount at the end of schedule of quantities. In case of difference in both the rates, the rates

quoted in words shall be considered as final.

5.c) SERVICE TAX :

(i) The tenderer may quote his rates excluding service tax.

(ii) The Service tax shall be paid by NFL as per Government of India guide lines vide notification

no. 30/2012, Service tax dated 20.06.2012 effective from 01.07.2012, on submission of

documentary evidence of the payment thereof or as per latest guidelines/amendment issued by

Govt. as applicable at the time of execution of work. The tenderer must mention Service Tax

Registration / Service Tax Code and the accounting code in the invoice / receipts. The tenderer

shall indicate the Service Tax rate in his offer. Any variation in the rate shall be to NFL’s

account during contractual period only.

11

II-2

(iii) The tenderer shall indicate separately the portion of the taxable services (percentage of

service component in the quoted rates) on which service tax shall be applicable by NFL

and the portion of the exempted services (percentage of material component in the quoted

rates).

For the purpose of reimbursement of service tax, contractor is required to submit in writing on

the letter head of their firm an undertaking and certificate that :

I) “In respect of invoice no……………………….for Rs. ………………… dated

…………….….. under work order no. NFVP/CICO/3322…….. in accordance with the

Service tax act/rules, Service tax amounting to Rs ………………. has been deposited on

dated ………… vide challan no ………… (copy enclosed) with the Government.”

II) “I undertake to indemnify NFL against any loss or liability arising to NFL in

connection with Service tax related to above work order.”

6. The following documents shall be furnished by the contractor:

(i) Copy of Income Tax return filed for the last Assessment year.

(ii) Account number in any branch of State bank of India along with its branch code.

7. The Executive Director/ Chief General Manager/ General Manager In charge, NFL VIJAIPUR

unit, or any other officer authorized by NFL shall be Accepting Officer hereinafter referred as

such for the purposes of this contract.

8. Tenderers are advised to inspect and examine the site and its surroundings and satisfy

themselves before submitting their tenders, as to the nature of the ground and sub-soil (so far as

is practicable), the form and nature of the site, the means of access to the site, the

accommodation they may require and in general shall themselves obtain all necessary

information as to risks, contingencies and other circumstances which may influence or affect

their tender. A tenderer shall be deemed to have full knowledge of the site, whether he inspects

it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed.

9. Submission of a tender by a tenderer implies that he has read this notice and all other contract

documents and has made himself aware of the scope and specifications of the works to be

done and of conditions and rates at which stores, tools and plant, etc. will be issued to him

by NFL and local conditions and other factors bearing on the execution of the works.

10. A tenderer shall quote in figures as well as in words the rate(s) tendered, the amount of each

item shall be worked out and the requisite totals given. Special care shall be taken to write rates

in figures and words and the amounts in figures only in such a way that interpretation is not

possible. The total amount shall be written both in figures and in words. In case of figures the

words, 'Rs' shall be written before the figures of rupees and the word 'P' after the decimal

figures e.g. Rs.2.15p and in case of words 'rupees' shall precede and the word 'paise' shall be

written at the end. Unless the rate is in whole rupees and followed by the word 'only' it shall

invariably be up to two places of decimal.

12

II-3

11. All rates shall be quoted on the tender form.

6. In case of item rate, tenders, only the rates quoted shall be considered. Any tender containing

percentage below/above the rates quoted is liable to be rejected.

13. The tender for the works shall not be witnessed by a contractor or contractors who

himself/themselves has/have tendered for the same works. Failure to observe this condition shall

render the tenders of the contractor tendering as well as of those witnessing the tender liable to

rejection.

14. On acceptance of the tender, earnest money will be treated as part of the security deposit. No

interest will be payable on the earnest money.

15. The tenderers, whose tender is accepted shall deposit initial security deposit and further permit

NFL at all time of making any payment to him for work done under the contract to deduct

towards security deposit such sum(s) along with the amount of earnest money already

deposited amounting to 10% the gross amount of the bill.

16. NFL will return the earnest money, where applicable, to every unsuccessful tenderer after the

finalization of award of work. No interest shall be paid on the said earnest money deposit.

17. Tenders which do not fulfill all or any of the conditions laid down in this notice or contain

conditions not covered and / or not contemplated by the General Conditions of Contract

and / or the special/ supplementary conditions of contract or expressly prohibited therein or

stipulate additional conditions shall be liable to be rejected.

18. National Fertilizers Limited reserves its right without assigning any reason thereof to;

(i) Accept/reject the lowest or any other tender or split up the award of work between two or more

agencies,

(ii) Accept the whole or any part of the tender,

19. Sales tax/Commercial Tax/ CESS or any other tax on materials in respect of this contract shall be

payable by the contractor and NFL will not entertain any claim whatsoever in this respect.

20. Tenderers must give their postal address as well as their residential address of themselves or

their Chief Executive or agent, in the tender at the proper place. The tender documents

submitted by the tenderer will be rejected if he or his agent cannot be contacted after reasonable

search and the earnest money will be forfeited by NFL.

21. The tenderer shall sign at the bottom right hand corner of every page of the tender documents in

token of acceptance of NFL's conditions and for the purpose of identification. Tenders received

without signature and seal of the contracting firm shall be summarily rejected which shall be

final and binding.

13

II-4

22. Every tender shall be made in the English Language. All other information such as documents

and drawings supplied by the tenderer will also be in English Language as will be any further

information supplied by NFL. Drawings and Designs shall be dimensioned according to the

Metric system of Measurements. Tenders shall be forwarded under cover of a letter typewritten

on the tenderers letter head and duly signed by the tenderer. Signature must be in long hand

executed in ink by a duly authorized principal of the tendering firm. No oral telegraphic or

telephonic tenders or modifications thereto shall be considered.

23. Tenders containing erasures and alterations of the tender documents are liable to be rejected

unless these are authenticated by the persons signing the tender documents.

24. When the tender submitted is not in the name of an individual, the tender shall

disclose the nature, constitution and registration of the tendering firm and shall be signed

by persons or a person duly authorized by the firm by means of the legal document/power of

attorney a duly certified copy of the same shall be attached with the tender. For illustration,

in the event of a tender being submitted by a partnership firm it must be signed

separately by each partner or by a person holding a power of attorney authorizing him to do

so. Such power of attorney shall be produced with the tender and it must disclose that the

firm is duly registered under the Indian Partnership Act.

25. JURISDICTION: Notwithstanding any other court or courts having jurisdiction to decide the

question forming subject matter of a suit any and all actions and proceedings arising out of or

relative to this contract (including any arbitration in terms thereof) shall lie only in the court

of competent civil jurisdiction in this behalf at GUNA where this contract is to be signed on

behalf of NFL and only the said court shall have jurisdiction and try and such actions and/or

proceeding to the exclusion of all other courts.

26. This notice of tender shall form part of contract documents.

For & on behalf of

National Fertilizers Limited, Vijaipur

Signature_____________________

14

III - 1

TENDER FORM



Vijaipur – 473111, District Guna (M.P.)

(Hereinafter referred to as NFL)

Dear Sir,

I/We have read and examined the following documents relating to the work

‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP’

a) NIT and Instructions to Tenderers,

b) Scope of work/Supplementary Conditions of Contract,

c) Conditions of Contract, Integrity pact.

d) Schedules of Quantities (SOQ),

e) Specifications/Technical Specifications

f) Special instruction for E-tendering.

I/We hereby tender for execution of the work referred to in the aforesaid documents upon the terms and

conditions contained or referred to therein and in accordance in all respects with the specifications,

designs, drawings and other relevant details at the rates quoted in Schedule of Quantities and

within the period of completion AS MENTIONED IN NIT.

In consideration of I/We invited to tender, I/We agree to keep the tender open for acceptance for 120

(one hundred twenty) days from the date of opening of Price Bid thereof and not to make any

modifications in its terms and conditions which are not acceptable to NFL.

It has been explained to me/us that the time stipulated for and completion of works in all respects as

mentioned in the time schedule of completion of jobs and signed and accepted by me/us is the

essence of the contract. I/We agree that in case of failure on my/our part to strictly observe the time of

completion mentioned for the work agree to pay compensation to the NFL as per provisions and

stipulations contained in Contract and I/We agree to recovery being made as specified therein. In

exceptional circumstances extension of time which shall always be in writing may, however, be granted

by the competent authority at his entire discretion and I/We agree that such extension of time will not

be counted for the extension of completion dates stipulated for job and for the final completion of work

as stipulated in the time schedule of completion of work.

I/We agree to pay the earnest money and security deposit and accept the terms and conditions as per the

memorandum below in this respect.

I/We, am/are fully aware that I/We would be required to fulfill all statutory provisions and obligations

under various labour laws in regard to deployment of contract labour under my/our control.

15

III - 2

I/we agree to accept payments through ECS/EFT. The particulars of account no. are as under:

Account no.________________ Name of Bank__________________

Branch____________________ Branch code ___________________

RTGS CODE ______________ MICR NO. ____________________

I/We understand that the rates specified in the tender shall be inclusive of Sales Tax / Commercial Tax

or any other taxes, toll, customs duty of any kind, fees, octroi, royalty etc. in respect of the contract

and the rates shall be firm irrespective of any variation in the prevailing rates of taxes, duties,

levies, octroi etc., and any fresh imposition of any of these by State / Central / Statutory bodies

and I/We shall indemnify NFL against levy of any taxes etc. in regard to this contract and in the event

of NFL being assessed for any of the said imports, the NFL shall have the right to recover the total

amount so assessed from my/our dues and I/We shall also be responsible for all costs or expenses that

may be incurred by NFL in connection with any proceeding or limitation in respect of the same.

MEMORANDUM

a) General Description of work : ‘PROVIDING AND LAYING G.I. DRINKING

WATER SUPPLY PIPE LINE IN TOWNSHIP’

b) Earnest Money Deposit : Rs. 1,00,000.00 (AS MENTIONED IN NIT)

The Earnest Money is payable in the manner set

out below :

The Earnest Money, if the tender is accepted, will

be adjusted against the security deposit.

c) Security Deposit : will be paid in the manner set out in the Contract.

d) Time allowed for starting work : Fifteen days from the date of work issue of letter of intent.

Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and conditions

referred to above and in default thereof, to forfeit and pay to the NFL or its successors or its authorized

nominees such sums of money as are stipulated in conditions contained in tender notice and other

tender documents.

I/We hereby pay the Earnest Money Deposit of Rs. 1,00,000.00 (AS MENTIONED IN NIT) by Bank

Demand Draft no. _______issued by_____________________ (name and office of the State Bank of

India or any Nationalized bank) in favour of National Fertilizers Limited or Online Transaction (NFL

Account No:10346673311, IFSC code SBIN0008455) Transaction No………………………Dated

…………………...

16

III - 3

If I/We fail to commence the work specified in the Memorandum above, or I/We fail to deposit the

amount of Security Deposit specified in the Memorandum above, I/we agree that the NFL or its

successors without prejudice to any other right or remedy be at liberty to forfeit the said earnest money

in full, otherwise the said earnest money shall be retained by NFL towards the security deposit

specified above. The NFL shall also be at liberty to cancel the tender if I/we fail to deposit the security

deposit as aforesaid or to execute an agreement or to start the work as stipulated in the tender

document.

dated the _________day of_____________

Witness:

Name in BLOCK LETTERS: Yours faithfully,

Signature of Tenderer(s) with

Address: the seal of the firm.

Witness:

Name in BLOCK LETTERS: Name & Designation of authorized person

signing the tender on behalf of the

Tenderer(s)

Address:

Date: Dated: Telephone Number

Postal Address:

17

NATIONAL FERTILIZERS LTD.

( CIVIL ENGINEERING DEPARTMENT )

VIJAIPUR - 473 111, DIST. GUNA (M.P.)

REFERENCE : OUR NIT No. NFVP/CICO/3322, DATED: 24.10.2016

NAME OF WORK: ‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE

IN TOWNSHIP’

SUPPLEMENTARY CONDITIONS

1.0.0 Deleted

2.0.0 SPECIFICATIONS :

2.1.0 The specification for workmanship shall be as described in the Central Public Works

Department latest "Specifications" including amendments, unless otherwise specified. These

CPWD specifications shall be deemed to form part of this contract.

2.2.0 The CPWD specifications shall take precedence over the provisions in the BIS specifications.

Wherever CPWD specifications are silent, the relevant BIS specification shall be referred.

2.3.0 In case of any class of work for which there is no such specification as laid down in the contract,

such work shall be carried out in accordance with the instructions and requirement of the

Engineer in charge.

* G.I. pipes and fittings should be of medium duty (B-class) conforming to IS:1239 of

any of the manufacturers like

Tata, Zenith, Bansal, Bhushan, Asian, jindal, msl, Prakash Surya

3.0.0 GENERAL CONDITIONS :

3.1.0 The contractor has to depute one full time supervisor. He will receive instructions / requirements

and to get the work done. He will also depute the concerned technicians to get the work done.

This will be permanent arrangement without any extra claim.

3.2.0 The contractor shall ensure that all the working staff possess identity cards (photo cards)duly

attested by NFL's representative while on duty in NFL Premises.

3.3.0 The contractor has to arrange at his own cost all Tools and tackles, and all other incidental

charges required to be incurred for successful operation of the contract / execution of work as

above.

3.4.0 Quantities mentioned in the Schedule of Quantities may increase or decrease to any limit or any

of the item may be deleted or any extra item may have to be executed depending upon site

requirements. Due to such variations in the quantities any extra claim from contractor due to

increase or decrease or deletion of the item in the schedule of the quantities shall not be

entertained by NFL. However, total executed value shall be limited to +25% of the awarded

value.

3.5.0 The rates quoted by the tenderer shall be inclusive of all labour, materials, tools and plants

necessary for executing the work and all other miscellaneous expenditure for or

18

incidental to in connection with the execution of the contract including all types of taxes,

duties, royalty, octroi etc, but excluding service tax. Payment of taxes and other statutory levies

leviable at present or which may become leviable in future or from time to time etc. is the

responsibility of the contractor and shall not be payable by NFL.

3.6.0 The rates quoted/Finally agreed as per Work Order shall be treated to remain firm throughout the

pendency of the contract including any extension period that may be granted and shall not be

subjected to any sort of escalation even if such escalation is enacted by either the Local Bodies

/ Municipal Corp. / State Government or the Central Government for the materials and/or POL.

NFL shall not allow even a minor revision of prices of the quoted rates during the pendency of

the contract under any circumstances whatsoever. The tenderer must quote keeping in full view

the requirements of the tender document except where it has been clearly stated that extra shall

be paid, it is to be understood that nothing extra shall be paid even though it may not have

been specifically pointed out that nothing extra shall be paid. Therefore the rates to be quoted in

the 'Schedule of Quantities' by the tenderer are to be fully inclusive of the value of work

described under several items including all costs and expenses which may be required in and

for the completion of the work described together with all taxes, general risks,

liabilities and obligations (e.g. Temporary buildings, fencing, watching lighting, dewatering

of drains leading to low lying areas/site of work, leaking water supply lines/sub soil water,

stagnated water at site, insurance, royalty and the like and the prices are also to be inclusive of

all labour, materials, tools, plants and equipments hoists, tackles, scaffoldings and the

sundries, etc., as may be necessary for full and entire completion of the work.

4.0.0 CONTRACT PERIOD :

4.1.0 A mobilization period of 14 days from the date of issue of work order may be granted for

mobilizing men & material at site. The scheduled date of start of the work shall be considered

after expiry of mobilization period i.e. from the 15th day from the date of issue of work order

OR from the date of handing over of site or construction/ working drawings whichever is

later. The total contract / completion period under this contract shall be 12 (Twelve) Months

(AS MENTIONED IN NIT) and all the jobs assigned to contractor shall be completed within

this contract period which shall be reckoned from the scheduled date of start of work.

4.2.0 If the progress of this work under this contract is found to be unsatisfactory/behind the schedule

NFL may offload the said work by giving one week notice to the contractor and get the same

done from any available agency at the risk and cost of the contractor.

5.0.0 SCOPE OF SUPPLY OF MATERIALS/MACHINARY BY NFL :

5.1.0 Cement and Steel:

5.1.1 Cement, Tor Steel, Mild Steel, Structural Steel required for executing the entire work under

this contract will be supplied free of cost by NFL at its stores. The cartage of the same from

NFL's stores to site of work shall be arranged by the contractor without any extra claim.

5.1.2 The allowed variations in consumption of cement issued by NFL from its stores, shall be +/-3%

of the theoretical consumption as per CPWD schedule.

5.1.3 Empty cement bags shall be returned by contractor to NFL's stores. However, contractor will be

allowed a wastage allowance of 10% (ten per cent) of the total no. of cement bags used in the

work towards curing of concrete etc. Contractor will be liable to pay at the rate of Rs. 4.00

(Rupees four only) per empty bag for the number of unreturned empty bags that will fall

19

short of the no. of total returnable bags totaling to 90% of the total no. of cement bags used in

the work 1.5 Return of serviceable steel shall be in accordance with contract provisions.

5.2.0 Tools and Plants :

NFL will not issue any other material from its store for executing this contract.

6.0.0 SCOPE OF SUPPLY OF MATERIALS BY CONTRACTOR:

6.1.1 All the other materials / tools and tackles required to execute and complete the work in all

respects shall be arranged by the contractor at his cost from the open market.

6.1.2 All GI pipes, Sluice/air valves, brass fittings / fixtures shall be of approved brands & confirm to

CPWD specifications with relevant IS code of the material.

6.1.3 All dismantled CI/GI pipes and fittings shall be deposited in the civil maintenance store/main

stores. Till the materials are deposited in the stores, any payment on account of dismantling such

items shall not be made.

6.1.4 No advance shall be given to the contractor as mobilization advance or secured advance against

material procured etc.

7.0.0 DEFECT LIABILITY PERIOD :

7.1.0 The defect liability period of this work shall be SIX MONTHS from the certified date of

completion of the work or the expiry of one full monsoon period i.e. 15th October of the year

whichever is later OR as mentioned in Scope of work.

7.2.0 The contractor will be responsible for maintaining the works and making good at his own

cost any imperfections which may become apparent during the defect liability period. In the

event of failure of the contractor to rectify the imperfections during Defect Liability Period,

the same shall be got attended by NFL at the risk and Cost of contractor and the amount, so

incurred by NFL to attend to these defects ,shall be recovered from the Security lying with

NFL as per terms and conditions of GCC.

7.3.0 SECURITY DEPOSIT:

The amount of security deposit against this contract shall be refunded to the contractor on

successful completion of defect liability period.

8.0.0 WATER CHARGES:

8.1.0 NFL shall provide water connection, if required, FREE OF CHARGE at a single point in or

around the area of work for executing the job. Further water supply distribution if required

shall be made by the contractor at his own cost.

9.0.0 ELECTRIC POWER CONNECTION:

9.1.0 Electric power supply if required for executing the work shall be provided FREE OF CHARGE

at a single point. The power switches shall be arranged and got certified from a licensed

technician by contractor at his own cost. All electrical installations made by the contractor shall

conform to Indian Electricity Rules 1956.

20

10.0.0 PROVIDENT FUND CODE:

10.1.0 The contractor shall furnish PF Code No. of his employees within one month from the date of

issue of this work order and shall maintain all periodical records pertaining to PF of his

employees as per requirement of PF Act. NFL reserves the right to deduct/withhold such

amount from contractor's bills as deemed fit towards PF of his employees along with his

contribution and such deducted/withhold amount can be released to him only when he produce

clearance/No Objection Certificate from the Regional Provident Fund Commissioner.

11.0.0 LABOUR LICENSE & INSURANCE:

11.1.0 Contractor shall obtain labour license, if required, from “REGIONAL LABOUR

COMMISSIONER (CENTRAL) BHOPAL" and labour insurance with medical cover for his

labour force to be employed by him as per statutory requirement & he shall submit the same to

NFL. No payment whatsoever nature it may be, shall be released to contractor in the absence of

these documents. The contractor shall also take medical cover for the workmen deployed by him

to cover the medical treatment in respect of his workmen.

12.0.0 TERMS OF PAYMENT :

12.1.0 Running 'On Account' payment :

Generally running on account payment shall be released to the contractor on monthly basis,

based on the quantum of the work executed in the month. One measured R.A. bill may be

followed by another bill based on the ad-hoc quantities of work executed during the month. The

payments shall be released after recovery of the following:

i.) Value of chargeable materials issued by NFL, if any.

ii ) Statutory deduction like Income tax, Commercial tax, Cess on works contract, as

Applicable.

iii ) Any other recovery if becomes due.

12.2.0 Invoicing :

12.2.1 All invoicing towards progressive payments shall be raised in the name of NFL and shall be

sent to the NFL for certification, once in a month, as per the standard procedure established/to

be established by the Engineer-in-Charge.

12.2.2 All invoicing for progressive payment shall include the following documents in one original plus

three copies:

- Invoice,

- All documents to comply with statutory requirements.

12.2.3 Rates for additional, altered or substituted work:

Altered/additional item(s) of work if required to be executed as per the directions of the

Engineer-in-Charge and if no rate exists in the Schedule of Rates, the same shall be worked out

as per General Terms & Conditions of Contract.

6.3.0 FINAL BILL :

6.3.1 Final bill including following documents shall be submitted by contractor within 90 days from the

certified date of completion of the work:

21

a) Final bill of quantities and rates in the Performa approved by NFL.

b) Material reconciliation statement for all materials issued by NFL to the contractor whether on

free-issue basis or chargeable basis.

c) Final takeover of work/completion certificate issued by the Engineer-in-Charge.

d) All claims or reimbursements pursuant to the contract including "No claim certificate" on NFL's

approved Performa.

e) No dues certification for facilities provided by NFL to the contractor.

f) Certificate of clearing of temporary establishments of the contractor at site.

g) Performance guarantee duly amended to cover the defect liability period.

h) Indemnity certificate towards all labour payments and statutory payments, indemnifying

NFL/Consultant in this regard.

12.3.2 No further claim for payment of any kind whatsoever shall be made by contractor after

submission of the final bill. If made such claims shall not be entertained.

12.3.3 In case final bill is not submitted within 90 days, as specified above, the Engineer-in-Charge

shall be at liberty to carry out their own measurement/recording of work done and may make

payment or recover balances based on such measurement/recording which shall be binding on

the contractor.

13.0.0 INCOME TAX / COMMERCIAL TAX /CESS :

13.1.0 NFL shall be entitled to deduct Income Tax /Commercial Tax / CESS at source from all

payments due and to be made to the contractor under this contract in accordance with the

provisions of Income Tax/ Commercial Tax / CESS Act and rules framed there under, as

applicable from time to time, including any amendment or modifications thereof.

14.0.0 FINANCIAL GUARANTEE FOR SECURITY AND PERFORMANCE:

14.1.0 Contractor shall deposit a sum equivalent to 2.5 % of the value of the Work Order, towards

Initial Security Deposit (I.S.D.) within 10 days from the date of issue of work order. Further

NFL shall deduct such sum (s) @ 7.5 % of work value of each bill to make the total Security

Deposit amounting to maximum 10% of the gross value of the work done. The amount of EMD

shall be adjusted in the I.S.D.

14.2.0 Alternatively contractor shall provide Bank Guarantee from a scheduled Bank for the due

and faithful performance of the contract for a total sum equivalent to 10% of the awarded

contract value. The said bank guarantee shall be valid till expiry of the contract period and

/ or Defect Liability Period with provision for claim period up to 3 months. No interest shall

be payable on the Initial Security Deposit, Security Deposit or the financial guarantee lying with

the NFL.

14.3.0 The contractor shall exercise his option of either clause 14.1.0 or 14.2.0 above within 10 days of

the issue of work order and thereafter bank guarantee shall not be accepted.

22

15.0.0 PAYMENT OF WAGES :

15.1.0 The wages of the workers are to be paid by the contractor in accordance with the rates of wages

as notified by M.P. Govt. from time to time through direct credit in the bank account or in

exceptional cases by way of cheque to all contract labours. In case contractor fail to make

the payment to his workmen on or before 7th day of the following month, NFL, being the

Principal Employer will disburse the payment to his workmen employed for this work as per

attendance register and deduct the amount so paid from his bill. For this, NFL will recover

additional 25% of the total wage bill of the labour as departmental charges.

16.0.0 Deleted

17.0.0 OTHERS:

17.1.0 No compensation for any damage done to the executed job or to the raw materials stored at site,

by rain, flood, or any other unavoidable circumstances, or natural calamities during the

execution of work or upto expiry of liability period, shall be made by NFL.

17.2.0 The contractor shall comply with the provisions of the Minimum Wages Act, 1948, Employees

Provident Fund & Misc. Provisions Act,1952, Employers’ Liability Act, 1938, Workmen's

compensation act, 1923, Bonus Act 1965, Maternity Benefit Act,1961, the contract

labour (Regulation & Abolition Act, 1970 and Mines Act,1932, Factories Act 1948, or

any modification thereof. Contractor shall also comply with the provisions of all the other

acts, rules regulations such as Leave &

Holidays, Retrenchment compensation, payment of Bonus, Gratuity Benefit and Medical

Benefit etc. connected with the employment of labour for the purpose of execution of this

contract.

Note: - The above acts are only illustrative and not exhaustive.

The contractor shall get his liability under Workmen’s compensation Act-1923, insured through

an Insurance company. The contractor shall also take medical cover for the workmen deployed

by him to cover the medical treatment in respect of his workmen.

17.3.0 In the absence of the contractor himself, the contractor will depute minimum one site supervisor

with proper power of attorney from the date of start of the work to the date of actual completion

of the job for supervising work arranging material, manpower taking instructions from

Engineer-in-Charge/Site Engineer, accepting the measurements etc. in the absence of

the said supervisor, NFL may suspend the work at the cost of contractor.

17.4.0 National Fertilizers Limited reserves it's right to accept/reject the lowest or any other tender

or split up the award of work between two or more agencies without assigning any reason

thereof.

17.5.0 The validity of the tender for acceptance shall be up to 120 Days from the date of opening of

price bid. The EMD of the unsuccessful tenderers shall be refunded after the award of the work.

17.6.0 Schedule of Quantities (AS MENTIONED IN NIT) are enclosed for the purpose of quoting the

rates by the contractor.

17.7.0 The contractor shall indemnify and keep indemnified the NFL against the losses and claims for

injuries or damages to any person or property whatsoever which may arise out of the

consequence of the execution of the works and against all claims, demands, proceedings,

23

damages cost, charges and expenses whatsoever in respect of or in connection there to including

his employees.

17.8.0 TIME LIMIT FOR UNFORESEEN CLAIMS: In case the contractor fails to claim

compensation from NFL on account of any claim under the contract in writing to the

Engineer-in-Charge within a period of one month of cause of action or such a claim arise, the

contractor shall be deemed to have waived off his right to claim the same.

18.0.0 AGREEMENT:

Contractor shall enter into an agreement with NFL on a Non judicial stamp paper of appropriate

value (presently Rs. 1000.00) within a period of 10 days from the date of issue of work order.

No payment shall be released to contractor in the absence of the agreement.

19.0.0 ARBITRATION CLAUSE :

(a) Except where otherwise provided in the contract all matters, questions, disputes or differences

whatsoever which may arise at any time between the parties hereto, touching the construction,

meaning, operation or effect of contract or out of the matters relating to the contract or breach

thereof or the respective rights or liabilities of the parties, whether during or after completion of

the works or whether before or after termination, shall after written notice by either parties to

the contract be referred to the arbitration of designated Unit head / E.D. / Functional Director /

Chairman & Managing Director, National Fertilizers Limited or his / her nominee (appropriate

designated authority may be inserted as per contract value).

(b) The Arbitration and Conciliation Act 1996(Amendment Act 2015) or any statutory modification

or re-enactment thereof and the rules made there under shall govern the Arbitration proceedings.

(c) The contractor hereby agrees that he shall have no objection if the Arbitrator so appointed is an

employee of NFL and he had to deal with the matter to which the contract relates and that in the

course of his duties as such he has expressed his views on all or any of the matter in dispute or

differences.

(d) If the arbitrator to whom matter is referred, vacates his / her office by any reason whatsoever,

then the next arbitrator so appointed by the authority referred above may start the proceedings

from where his predecessor left or at any such stage he may deem fit.

(e) It is agreed by and between the parties that in case a reference is made to the arbitrator or the

arbitral tribunal for the purpose of resolving the disputes/ differences arising out of the contract

by and between the parties hereto, the arbitrator or the arbitral tribunal shall not award interest

on the awarded amount more than rate SBI PLR, base rate as applicable to NFL on the date of

award of contract.

20.0.0 COMMON CONDITIONS:

(1) The prospective tenderers having any common partners / Directors / managing partners etc. or

having any other common criteria shall be considered as Sister / Group / Associate Company. In

such cases, only one of them will be eligible for participating in the tender.

Tenderer has to submit a declaration along with the technical bid:

24

(a) That no other Firm / Sister concern / associate belonging to the same group is participating /

submitting this tender.

(b) That the bidders, their associates, Sister Concerns etc. have not been black listed by any

Institution agency / Government Department / Public Sector undertaking in the last two years.

(c) In case of concealment of any fact, if detected later on, such tenderer will be debarred from all

dealings with NFL.

(2) No condition or deviation should be mentioned by the tenderer in price bid. Offers where party

has mentioned any condition or deviation in price bid shall be liable to be ignored without any

further reference.

(3) The tenderer shall quote the price strictly as per Performa enclosed or schedule of prices. Parties

should quote one rate for specific quantity quoted by them. Tenders with quotation of different

rate for different quantities shall be rejected without any further reference.

(4) One person will be allowed to represent only one company during discussions / negotiations

with NFL. If same person is representing different companies with authorization with letter

from more than one company, such person will be allowed to represent only the first company

called for negotiation.

(5) Bidders may ensure that, tender documents / offer have been signed by appropriate / authorized

representative of the company. Withdrawal of offer / non-acceptance of orders placed on offers

submitted by the bidders on their letter head will not be allowed on the grounds that offer was

not signed by authorized person.

(6) The contractor shall immediately remove from the work any person deployed there on who may

misbehave or cause any nuisance or otherwise and is not fit person to be deployed on the work

and such person shall not be again deployed on the work without the prior written permission of

the officer in charge.

(7) The contractor may depute such employees as he may think fit. The employees should be the

employees of the contractor for all purposes whatsoever and shall not be deemed to be in the

employment of NFL for any purpose whatsoever. If, under any circumstance whatsoever, NFL is

held responsible to the employees of the contractor in respect of any matter, NFL shall be

reimbursed by the contractor for the same. Any other expenses incurred by NFL as a result of

any claim, NFL shall be entitled to claim / demand compensation from contractors in that event.

(8) Contractor shall ensure that the work is carried out efficiently. Labour deployed by the

contractor should not loiter around, sit idle or sleep in the premises. They shall not smoke inside

the premises and shall not be under the influence of intoxicating or drugs while on duty within

the premises.

(9) The contractor shall make his own arrangement for housing his workmen no land / tenement

within property of NFL Vijaipur shall be made available to the contractor.

(10) It shall be the duty of the contractor to pay the minimum wages to its employees as specified by

the Government from time to time. The contractor shall have no right whatsoever to claim the

escalated wages after the award of the contract from NFL as notified by Govt. from time to time.

25

Upward revision of minimum wages from time to time shall be deemed to be inbuilt in the

quoted rates by the contractor.

(11) The Contractor should satisfy himself with the site conditions prevailing at the place of work.

He shall be deemed to have apprised him self of all the ground conditions at site including

weather condition.

(12) The Contractor shall indemnify and keep indemnified the NFL against all losses and claims for

injuries or damages to any person or property whatsoever which may arise out of the

consequence of the execution of the works and against all claims, demands, proceedings,

damages, cost charges and expenses whatsoever in respect of or in selection thereto.

(13) The Contractor shall at all times keep NFL indemnified against all claims, damages or

compensation under the provisions of the payment of wages act 1936, Minimum wages act 1948,

Employees Liability Act 1938, the Workmen Compensation Act 1923, Equal remuneration act

1976, Employment of Child Labour Act 1938, Abolition of Bonded Labour Act and the Contract

Labour (Regulation and abolition) Act 1970, or any other Act regulating the employment of

Labour by Contractor. The Contractor shall take insurance cover for his employees to cover his

liability under Workmen’s compensation act. Contractor shall also take medical cover under the

insurance policy to meet medical treatment expenses of his employees in the event of an accident

while on duty.

(14) The Contractor shall remove all his material and workmen from NFL premises on termination of

the contract. It is the term of the contract that it shall be total responsibility of the contractor to

clear the premises after the completion of the job. If the contractor stays on the premises

thereafter, he shall be deemed to be a trespasser and in addition he will be liable to pay to the

owner a sum of Rs.1000/- per day as damages.

(15) Termination / Cancellation of Contract :

NFL may terminate the contract if:

(a) At any time, the contractor makes default in proceeding with the works /job with due

diligence and continues to do so after of notice in writing of 3 days from the Office-

in-Charge,

OR

(b) If the contractor persistently disregards the instructions of the Officer-in-charge, or

job to take steps to employ competent or additional staff requires, or commits default

in complying with any of the terms and conditions of the contract and does not

remedy it or does not take effective steps to remedy it within 3 days after notice in

writing given to him by the Officer-in-charge,

OR

( c ) If the contractor obtains the contract with NFL as a result of ring tendering, or

other non-bonafide methods of competitive tendering,

OR

(d) If the contractor assigns, transfers or sublets or attempts to assign transfer or sublet the

entire work or any portion thereof without the prior written approval of the accepting

authority,

OR

(e) The contractor abandons the contract.

(18) Force Majeure :

26

The terms and conditions agreed upon under the contract shall be subject to Force Majeure.

Neither the contractor nor NFL shall be considered in default in the performance of their

obligations contained therein, if, such performance is prevented or delayed or restricted of

interfered with by reasons of war, hostilities, revolution, civil commotion, strike, epidemic,

accident, fire, flood, earthquake, regulation or ordinance or requirement of any government or

any subdivision thereof or authority or representative of any such Govt. and / or any other act

whatsoever, whether similar or dissimilar to those enumerated beyond the reasonable control of

the parties hereto or because of any act of God. The party so affected, upon giving prompt notice

to the other Party shall be excused from such performance to the extent of such prevention,

delay, restriction or interference for the period it persists provided that the party so affected shall

use its best efforts to avoid or remove such causes of non performance if possible, and shall

continue performance hereunder with the utmost dispatch whenever such causes are removed.

Should one or both Parties be prevented from fulfilling their respective obligations by a State of

force majeure lasting continuously for period of three (3) months the two parties shall meet and

decide about the course of action for implementation of the contract.

(19) Jurisdiction: “Notwithstanding any other court or courts having jurisdiction to try any civil suit arising out of

this contract, it shall be only the court or competent jurisdiction at Guna (where the contract shall

be deemed to have been entered into) to try such suits to the exclusion of all others courts of the

country”.

(G.D. Aujha)


27

Annexure-II

DECLARARTION-FORM-I

Ref. No; Dated : ___________

To,

Issuing Authority

National Fertilizers Ltd.

……….Unit/CO

I/We _________________________________________have read the

conditions of tender attached hereto and agree to abide by such conditions. I/We offer to do the job

of_____________________________________________________

_______________________________ work at the rates quoted in the attached Schedule of Rates and in accordance with the specifications, standards and instructions in writing of the Engineer-in-charge of M/s. National Fertilizers Limited and hereby bind myself/ourselves to complete the work schedule and progress of work.

I/We further agree to abide by the conditions of contract and to carry out all work within the specified time in accordance with specifications of materials and workmanship and instructions referred to in the Notice Inviting Tenders.

In case of acceptance of the tender by National Fertilizers Limited, I/We bind myself/ourselves to execute the contract as per the conditions mentioned in the tender documents, failing which, I/We shall have no objection to the forfeiture of the Earnest Money lodged with National Fertilizers Limited, Vijaipur.

Thanking you

Yours faithfully

For M/s ____________________________

(Signature of Contractor/Tenderer with SEAL)

Address : _____________________________

28

Annexure-III

DECLARATION FORM-II The following declaration to be signed by Contractor and to be submitted along with required documents which would be duly self certified:

Sr. No.

DESCRIPTION YES / NO (If Yes, give the following details)

1 If a Tenderer has relations whether by blood or otherwise with any of employees of NFL (Owner), the Tenderer must disclose the relation at the time of submission of Tender, failing which, NFL shall reserves the right to reject the Tender or rescind the Contract.

Name and Designation of the Employee

Place of Posting Relation with the Employee

2. P.F. Registration No of the Contractor to be intimated along with Documentary proof thereof.

P.F. Registration Number

3 PAN No of the Contractor to be intimated along with Documentary Proof thereof.

PAN No

4 Service Tax Registration No. with Documentary Proof. Accounting Code No. S.T.Code No.

…………………… …………………… ……………………

5 The bidder shall submit the name and address of the firm/company along with its constitution giving status of the same such as sole proprietorship/partnership or limited/private firm etc. Along with its copies duly attested by Notary Public as evidence.

6 If the party is registered as Micro/Small/Medium Enterprises as per MSMED Act,2006, the same may be confirmed by the party and submit a photocopy (Self-certified) of the registration certificate in support thereof. Otherwise it will be construed that the party is not registered as per MSMED Act,2006.

Signature of the Contractor/ Tenderer with SEAL PLACE : ______________ Dated : ________________

29

Annexure-IV


DEFINITIONS OF TERMS

In the contract documents herein defined where the context so admits, the following words and

expression will have the meanings assigned to them respectively:

1. "The OWNER" means the NATIONAL FERTILIZERS LTD., incorporated in India, having its

registered office at SCOPE COMPLEX, Core No-III, 7, Institutional Area, Lodhi Road, New Delhi-

110003.

2. The "ENGINEER-IN-CHARGE" shall mean the person designated as such by NFL and shall

include those who are expressly authorized by him to act for and on his behalf for operation of

this contract.

3. The "WORK" shall mean the works to be executed in accordance with the contract or part

thereof as the case may be and shall include all extra, additional, altered or substituted works

as required for purpose of the contract.

4. "CONSTRUCTION EQUIPMENT" means all appliances and equipment of whatsoever nature for

the use in or for the execution, completion operation or maintenance of the work unless

intended to form part of permanent work.

5. "SITE" means the areas in which the work is to be performed by the Contractor and shall include

a part or portion of the site on which the permanent work is proposed to be constructed.

6. The "TENDER DOCUMENTS" shall consist of Short Tender Notice, General Instructions to the

Tender, Special Conditions of Contract, Specifications, Drawings, Time Schedule Tender Form,

Performa or Agreement Form Schedule of Rates, and Addendum/Addenda to Tender

Documents.

7. "THE CONTRACTOR” means may person or persons or firm or company whose Tender has

been accepted by NFL with the concurrence of the Owner, and the legal personal

representatives, successors and permitted assigns of such person, persons firm or company.

8. The "CONTRACT" shall mean the Agreement between NFL and the Contractor for the

execution of the works including therein all contract documents.

9. The "SPECIFICATIONS” shall mean the various Technical specifications attached and

referred to in the Tender documents. It shall also include the latest addition of relevant Indian

Standard Specifications published before entering into contract.

10. "The DRAWINGS” shall include Maps, Plans and Tracings OR Prints thereof with any

modifications approved, in writing by the Engineer-in-charge and such other drawings as may,

from time to time, be furnished or approved in writing by the Engineer-in-charge.

11. The "CONTRACT DOCUMENTS" shall consist of Agreement, Tender documents as defined in

Clause 6, 7 & 8 above, Acceptance of Tender and further amendments.

12. The "ALTERATION ORDER" means an order given in writing by the Engineer-in-charge to

affect additions to or deletion from and alterations in the works.

13. The "COMPLETION CERTIFICATE" shall mean the Certificate to be issued by the Engineer-in-

charge when the works have been completed to his satisfaction.

30

14. The “FINAL CERTIFICATE” in relation to a work means the Certificate issued by the Owner

after the period of liability is over.

15. The "PERIOD OF LIABILITY” in relation to work means the specified period from the date of

issue of Completion Certificate upto the date of issue of Final Certificate during which the

Contractor stand responsible for rectifying all defects that may appear in the works.

16. ‘ZERO DATE’ shall mean the date of issue of LETTER OF INTENT (LOI) or issue of WORK

ORDER, whichever is earlier.

17. "GTC" means General Terms & Conditions of Contract.

18. Technical Terms and Conditions & Special Terms and conditions are succeeding to GTC. Any clause under different head shall be succeeded by clause in the succeeding head.

31

Annexure-V NATIONAL FERTILIZERS LIMITED

GENERAL TERMS & CONDITIONS

1.1.0 The execution of the work may entail working in all the site and weather condition and no extra rate

will be considered on this account. The contractor may have to carry out the jobs to work round the

clock as per our requirement to be decided by Engineer in-charge and the Contractor should take

this aspect into consideration for formulating his rates and quotation. No extra claim/overtime will be

paid on this account.

1.2.0 Electricity and Water will be provided free of cost at one point as per requirement of the job.

All lifting tools & tackles are to be got tested under the Competent Person engaged by State

Government from time to time and the certificates duly verified by Competent Authority are to be

submitted to the Department before taking up the job.

1.3.0 Suitable accommodation will be provided for the contractor or his authorized representative on

chargeable basis, if available, NFL may allot land for putting temporary Godown / workshop for

making storage, work site by the contractor, free of cost.

1.4.0 The contractor shall have to make his own arrangements for all Tools & Tackles, Skilled and

Unskilled labours etc. required for the job. The work is subject to inspection at all time by the

Engineers-in-charge and the Contractor shall have to carry out the work to the entire satisfaction of

the Engineer-in-charge.

1.5.0 Sub-Contracting of the job will not be allowed without prior written permission of the owner (NFL).

1.6.0 Statutory deduction on account of Income Tax and VAT on works contract shall be made at rates, at

the time of release of payment to the party.

a) The rates to be quoted by the party should be inclusive of all duties, taxes, levies including VAT

on works contracts, entry tax etc. but excluding Service Tax. Deductions of VAT at source plus

surcharge thereon at the applicable rates of the Gross Value of the Bill shall be made from the

Contractor’s bill for depositing with the VAT Authorities as per the provision of the respective

states VAT. Act.

b) Service Tax, if applicable for the work under the present Contract, shall be paid by NFL. The contractor is to provide documentary evidence for registration under service tax for the said contractual work/services. Liability of NFL shall be restricted to the amount of service tax only and any interest/penalty etc. shall be to the contractor’s account. The contractor must submit the documentary evidence/claim for levy of deposit of service tax immediately after its deposit. NFL can withhold the payment due to non-compliance of service tax rules.”

c) Addition/deletion of taxes imposed by the State Governments/Central Government after

submission of tender documents and during contractual period shall be to NFL’s account.

1.7.0 The rates quoted will be firm for the currency of the contract period and will not be subjected to

escalation irrespective of any increase what so ever. The rates quoted for materials, if any, are

F.O.R. Vijaipur and are inclusive of all taxes. No VAT will be paid as extra.

1.8.0 The Tenderer should make a deposit of Rs. (as mentioned in NIT) as Earnest Money and Rs. ( as

mentioned in NIT) as Tender Fees by an A/C Payees Demand Draft, drawn on any Scheduled Bank

except Rural or Co-Operative Bank in favour of "National Fertilizers Limited, Vijaipur” payable at

Vijaipur or Online Transaction(NFL Account No:10346673311, IFSC code SBIN0008455). The

Earnest Money and Tender Fees shall not be accepted in any other form except specified. Earnest

32

Money and Tender Fees should accompany the Tender without which tender will not be opened and

it will be considered as rejected. Scanned copy of demand draft for EMD/Cost of tender document

shall be uploaded along with bid & original DDs shall be forwarded to “National Fertilizers Limited"

payable at SBI Bavrikheda (Code No.8455)

1.9.0 Vendor is required to upload the scanned image of DD/online transaction receipt , however, it may

be noted that the DD/ online transaction receipt must reach us before the techno-commercial bid

opening (as per tender schedule).

1.10.0 The following tenders will be liable to summary rejection:

a) Tenders submitted by Tenderer who resort to canvassing.

b) Tenders, which do not fulfill any of the conditions, laid down in the Tender Documents or are

incomplete, in any respect.

c) Tender, which contain uncalled for remarks or any alternative additional conditions.

d) The company reserve the right to accept the lowest or any other Tender in part or in full or

award parallel contracts or reject all OR any of the Tender without assigning any reasons.

1.10.0 If the tenderer has relations whether by blood or otherwise with any of the employees of the NFL, the

tenderer must disclose the relation in the Form of Declaration attached, at the time of submission of

tender failing which NFL shall reserve the right to reject the tender or rescind the Contract.

1.11.0 Wages shall be paid by the Contractor to the workman directly without the intervention of any

Jamadars or Thekedars and contractor shall ensure that no amount by way of commission or

otherwise is deducted or recovered by Jamadars from the wages of workman.

1.12.0 The contractor may employ such employees/ labours as he may think fit and the employees so

employed should be employees of contractor for all purposes whatsoever and shall not be deemed

to be in the employment of NFL for any purpose whatsoever. The contractor shall abide by all rules,

laws and regulations that may be in force from time to time regarding the employment or conditions

of service of the employees. If under any circumstances whatsoever, NFL is held responsible in any

manner whatsoever for the default or omission on the part of the Contractor in abiding by the

aforesaid rules, regulations and laws or held liable or responsible to the employees of the contractor

in respect of any matter whatsoever and called upon to make payments on that account, NFL shall

be reimbursed by the contractor for the same as also any other expenses costs and charges

incurred by NFL in any proceeding or litigation arising out of any claim, demand or act on the part

of the employees of the contractor, NFL shall be entitled to claim, demand or compensation from

the contractor in that event. NFL shall also be entitled to recover the aforesaid amount from the

Contractor that may become due and payable to Contractor.

1.13.0 Interested tenderer after studying the tender documents carefully, may obtain necessary

clarifications, if any in writing before tendering, Submitting of tender implies that the Tenderer has

obtained all the clarifications required No claim on ground for want of knowledge in any respect will be

entertained. No claim for extra charge consequent on any misunderstanding or otherwise will be

allowed.

1.14.0 The Contractor shall be liable to the company for any omission or Commission on his part or on the

part of his employees thereby causing any loss, damage or inconvenience to the company.

1.15.0 The Contractor shall make his own arrangement for removal of old as well as unused material,

including packing materials and empty cases free of cost from work site to the place indicated by the

Engineer-in-charge after completion of work and nothing extra will be paid.

33

1.16.0 The decision of Engineer-in-charge in regard to all matters relating to the Tender and for determine

the category of work with reference to material of an item not mentioned in scope of work shall be

final.

1.17.0 In case, a contractor is so selected and who does not have PF code number, the CPSEs could ask

such contractor to get a code number, giving him a letter of intent regarding the contract, so that he

could apply and obtain a PF code number from the respective PF Commissioner.

1.18.0 QUANTUM OF JOB:

NFL will not give any guarantee for minimum billing, minimum quantum of work.

1.19.0 If the Contractor is unable to execute the work any loss incurred by the company in this respect, will

be, to the Contractor’s account. The company may also terminate the contract after giving a three-

day’s notice, if in its opinion; the work under the contract is not being done to its satisfaction. The

Company will also have right to get the job done by a third party at the risk and cost of the Contractor

till the expiry of the period of the contract and debit the cost plus 25% to the Contractor.

1.20.0 VALIDITY OF THE CONTRACT:-

The Contract shall remain valid for a period as specified in NIT reckoned from the date of its award.

The job can therefore, be got done any time during the tenure of the contract.

1.21.0 LOSS TO PLANT DURING EXECUTION: -

Any damage or loss caused to plant Equipment etc. during execution of this contract will be made

good by the contractor at his own cost and risk.

1.22.0 NFL shall have power to make any alteration in, omission from, addition to, or substitutions for

original Specifications and instructions which may be considered necessary, during the progress of

work and Contractor shall have to carry out the work in accordance with any instruction which may

be given to him in writing duly signed by Engineer-in-charge. Such alteration, omission, additions,

substitutions, shall not invalidate the contract and any altered, additional or substituted work

which the Contractor may be directed to do in the manner above specified as a part of the work, shall

be carried out by the Contractor on the same condition in all respects on which he has agreed to do

the main work.

1.23.0 If the rate for the additional altered or substituted work are specified in the contract for the work. The

Contractor is bound to carry out the additional, altered or substituted work at the same rate as per

specifications in the rate contract for that work.

a) In the event the extra or substituted items of the work does not fall in category as above, the cost

will be calculated on the basis of actual labour and consumable materials utilized for the job. The

quoted rates will be inclusive of overhead and profit. The quantum of labour and consumable

material used will be assessed by the Engineer-in-charge, whose decision in this respect will be

final and binding upon the Contractor. The contractor will be required to obtain prior approval of

NFL for rates payable to him for such extra items.

b) In case, the Contractor fails to do the extra and/or substituted work. NFL will have the option to

get the work done through another agency at the Contractors' risk and cost. As per clause No.

1.21.0 of General Terms and Conditions.

1.24.0 SECURITY:

The Security Deposit together with EMD/Initial Security Deposit shall be 10% of the contract / Works order value.

34

In case of AMC/ARC, Initial Security Deposit (ISD) shall be 2.5% of the Contract Work Order Value which is required to be deposited within 10 days of the issue of the letter of intent by the successful tenderer. EMD can be adjusted against SD.

The balance amount shall be recovered @ 7.5% from each running bill and the final bill as to make the total security deposit at 10% of the Contract / Work Order Value. In case work is split between two or more parties, SD shall be submitted based on the value of split order.

No interest shall be paid on security deposit. Any amount recoverable from the contractor shall be deducted from security deposit. Security deposit shall be returned to contractor after obtaining ‘No objection certification’ from executive department after expiry of ‘Defect Liability Period’.

1.25.0 PERIOD OF LIABILITY:

The Contractor shall guarantee for the work done for a period of (as mentioned in Scope of work and

defect Liabilty Period) months from the date of issue of Completion of work . Any damage or defect

may arise or lie undiscovered at the time of completion certificate, in the workmanship shall be

rectified or replaced by the Contractor. In default, the Engineer-in-charge may cause the same to be

made good by other Contractor and deduct expenses (of which the certificate of Engineer-in-charge

shall be final) from any sums that may be there or at any time thereafter become due to the

Contractor from his Security Deposit.

1.26.0 PROCEDURE FOR MEASUREMENT/BILLING OF WORKS IN PROGRESS:

a) Measurement and Billing:

All measurement shall be in metric system. All the works in progress will be jointly measured by

the representative of the Engineer-in-charge and the Contractor’s authorized agent, as per

method outlined in the Conditions of the contract. Such measurement will be got recorded in

measurement book/sheet by the Engineer-in-charge or the authorized representative and signed

in token of acceptance by the Contractor or his authorized representative. The

Contractor will submit a bill in approved Performa in Triplicate to the Engineer-in-charge of the

work giving abstract and detailed measurements for the various items executed during a month

before expiry of the 1st week of the succeeding month.

b) Running Account Payment:

All running account payments shall be regarded as payments by way of advance against the final

payment only and not as payments for work actually done.

c) Completion Certificate/Final Bill:

The Engineer-in-charge shall normally issue to the contractor the completion certificate within

one month after receiving an application thereof from the contractor after verifying from the

completion documents and satisfying himself that the work has been completed in all respect in

accordance with the instructions, specifications of contract documents. The contractor after

obtaining the completion certificate is eligible to present the final bill for the work executed by

him. The final bill shall be prepared on the basis of the final measurements entered in the

measurement books/sheets. The final bill shall be prepared in the prescribed Performa with

reference to total work covered by the contract such bill to be drawn up after applying the

applicable rates specified in the schedule of rates to the relative measured quantities. The final

bill shall also include all additional claims of the contractor and considered conclusive.

d) Final Certificate:

35

Within fifteen days of the contractor's application made after the expiry of the period of defect

liability provided for in contract here of and satisfaction of all liabilities of the contractor in respect

there of the Engineer-in-charge that the contractor has performed his obligations in respect of the

defect liability period and until issue of such final certificate, the contractor shall be deemed not

have performed such liabilities not withstanding issue of the completion certificate or payment

of the final bill by NFL.

1.27.0 TERMS OF PAYMENT:

a) Payment of monthly running account bill complete in all respect shall be made after making

necessary recoveries as per contract within 30 days of receipt of bill. Payment of final bill shall be

released within 60 days after receipt of bill completed in all respect. Payment of 10 % security

deposit/deducted shall be released after completion of defect liability period on demand within 30

days.

b) The contractor has the option to receive payment through Electronic Funds Transfer (EFT)/RTGS

Process. For this option, they may submit their bank particulars i.e. Customers Name, Name of

the Bank, Bank Account No.(All digits in case of CBS branches),Place of branch, Branch

Code(IFSC CODE-II digits) to enable NFL to release payment accordingly. All bank charges will

be to their account

1.28.0 PRESERVATION OF FREE ISSUE MATERIAL:

All materials issued to the contractor by the owner shall be preserved against deterioration and

storage while under contractor’s custody, Any damage/losses suffered on account of non-compliance

with the requirement stipulated herein shall be considered as losses suffered due to willful

negligence on the part of the contractor and he shall be liable to compensate NFL for the losses

suffered at panel rates to be determined by the Engineer-in-charge with reference to the rates

charged for the purpose of recovery shall be final and binding on the contractor.

1.29.0 SCRAP ALLOWANCE:

Contractor will plan the work in such a way that the wastage to be minimum Following scrap

allowance will be allowed. Beyond the allowance, the wastage will be chargeable to the

contractor on NFL rate +25% + All Taxes will be charged extra.:

S No PARTICULARS SALVAGEABLE

A STRUCTURE 2.5 %

B CEMENT + or - 3.0 %

C PIPE 3.0 %

1.30.0 ISSUE OF MATERIAL FROM NFL:

Any issue of materials from NFL stores not covered in NFL obligation will be issued and charged on

NFL issue rate +25% + All Taxes will be charged extra. The issue of such material will be sole

discretion of NFL.

1.31.0 ISSUE OF GAS CYLINDER:

Contractor has to make his arrangement for Oxygen and Acetylene Gas. However, the Oxygen and

Acetylene gas can be issued on chargeable basis in exigencies subject to the availability constituting

following components.

a) Invoice price of gas.

36

b) Rent for each Cylinder per day.

c) Department charges.

d) Cost of collection and return of empty Cylinder.

1.32.0 MATERIAL TRANSPORTATION:

The contractor shall make his own arrangement for Transportation of the material from stores to

site of work and to the place of erection etc. at his own cost for making temporary stores/work sites,

NFL may indicate an area at its own discretion for putting up of a temporary hut/shed.

1.33.0 Predetermined and mutually agreed damages for delay : The time (s) of completion indicated above are to be strictly adhered to by you. In case you fail to

adhere to the time schedule indicated above due to reasons not attributable to NFL, you shall be liable to pay to NFL the damages in accordance with the provisions of clauses of General Terms & Conditions of Contract. In such an event, the predetermined mutually agreed damages shall be charged from you at the rate of ½ % (half percent) of the contract value for each week or part there of delay. However, the total predetermined mutually agreed damages should not exceed 5% (five percent) of the total contract completed value.

1.34.0 ENGINEER-IN-CHARGE:

The Engineer-in-charge shall have general supervision and direction of the work. He has authority to

stop the work whenever such a stoppage may be necessary to ensure the proper execution of the

contract. He shall also have authority to reject all work which directs the application of forces to any

portion of the work as in his judgment is required and order force increased or diminished and to

decide disputes, which arise in the execution of the work. The Engineer-in-charge reserves the right

to suspend the work of the part thereof at any time and no claim whatsoever on this account will be

entertained. In case of any dispute the contractor may appeal to the Engineer-in-charge

whose decision shall be final and binding.

1.35.0 CONTRACTOR TO REMOVE UNSUITABLE EMPLOYEES:

The contractor shall on instruction of the Engineer-in-charge immediately remove from the work any

person employed thereon who may misbehave or cause any nuisance or otherwise, in the opinion of

the Engineer-in-charge is not a fit person to be retained on the work and such person shall not be

again employed or allowed on the works without the prior written permission of the Engineer-in-

charge.

1.36.0 SAFETY REGULATION:

The contractor shall observe and abide by all fire and Safety regulations of the NFL. Before starting

maintenance work, the Contractor shall consult NFL's Safety Officer or the Engineer-in-charge. If the

Safety Engineer is not available, he will do familiarize him with such regulations, copies of which will

be furnished to him by NFL, when requested. He shall be responsible for and must make good to the

satisfaction of the NFL any loss or damage due to fire to any portion of the work to be done under

this agreement or to any of the NFL's existing property. All the accidents to contractor's staff will be

reported to the Safety Officer promptly.

This will however not relieve the contractor of any statutory obligation. The contractor shall not

undertake any hot job without safety work permit. He has to maintain First Aid Box in his office. Also

necessary safety equipment like Helmets, Hand Gloves, Face Shield, Safety Belt etc are to be

provided to his workmen by the contractor. However special Safety equipment required as per the

job requirement will be provided by NFL free of cost.

37

For any default / accident / loss due to negligence of Contractor/ workers, the liability of Contractor

shall be “Absolute liability”.

1.37.0 CONTRACTOR TO EXECUTE AGREEMENT:

The contractor’s responsibility under this contract will commence from date of issue of the Letter of

Intent. The Tender Documents, other documents exchanged between the Tenderer and NFL, the

letter of acceptance and work order shall constitute to the contract. The successful Tenderer shall be

required to execute an agreement on a non-judicial stamp paper of prescribed value with NFL within

10 days (Ten days) from the date of issue of work order. The agreement to be executed will be in

Agreement Form specified by NFL. The cost of the Stamp Papers will be borne by the contractor.

1.38.0 BIDDER TO ACQUAINT HIMSELF FULLY

The Bidder may visit the site and shall acquaint himself fully and thoroughly with the

conditions and limitations including scope, requirements and official/statutory regulations,

under which, conforming to which and subject to which, services/work are to be performed

by him. Failure to comply with the aforesaid requirements will not relieve the BIDDER of his

obligations in the event of his tender being accepted nor any claim whatsoever will be

entertained on the plea of ignorance or overlooking.

The Bidder shall give an undertaking that the terms and conditions of NIT and other aforesaid

conditions are acceptable to him without reservations and no deviations to NIT have been

taken while making the offer.

Unless otherwise specifically stated in his bid, it will be assumed that all terms and

conditions of NIT are accepted by the bidder without any reservations whatsoever.

1.39.0 PAYMENT FOR PREPARATION OF BID DOCUMENT

The Bidder shall not be entitled to claim any cost, charges, expenses, losses incidental to the

preparation and submission of this tender in any case.

1.40.0 TERMINATION OF CONTRACT

Notwithstanding anything elsewhere herein provided and in addition to any other right or

remedy of NFL under the Contract or otherwise including right of NFL for compensation for

delay the Engineer-in-charge/officer-in-charge may, without prejudice to his right against

Consultant in respect of any delay, bad workmanship or otherwise or to any claims for

damage in respect of any breaches of the Contract and without prejudice to any rights or

remedies under any of the provisions of this Contract or otherwise and whether the date for

completion has or has not elapsed by intimation in writing, absolutely, determine the

Contract:

Default or failure by Contract of any of his obligations under the Contract including but not

limited to the following, the Contract is liable to be terminated if the Consultant

Becomes bankrupt or insolvent or goes into liquidation or is ordered to be wound up or has a

receiver appointed on its assets or execution or distress is levied upon all or substantially all

of its assets.

Abandons the work

Persistently disregards the instructions of the OWNER in contravention of any provision of

the CONTRACT.

Or

persistently fails to adhere to the agreed program of work

38

Or

Sublets the work in whole or in part there of without OWNER’s consent in writing.

Performance is not satisfactory or work is abnormally delayed.

Defaults in the performance of any material undertaking under this CONTRACT and fails to

correct such default to the reasonable satisfaction of the OWNER within fifteen days after

written notice of such default is provided to the Contractor.

a) Owner may terminate the Contract due to any reason including reasons due to force

majeure, regulations or ordinance of any Government or any other reasons beyond the

reasonable control of the Owner.

Such termination will be by 15 (fifteen) days notice in writing and no claim/compensation

shall be payable by the OWNER as a result of such termination, excepting the fees and

costs for the meaningful services rendered by the CONSULTANT and acceptable to

OWNER, up to the date of termination.

1.41.0 RIGHTS OF OWNER

A unilateral stoppage of work by the Contractor shall be considered a breach of the

CONTRACT and the OWNER reserves its right to take necessary and suitable action as it may

deem fit, to adequately protect his/its interest; at the risk and cost of the contractor. Any

aforesaid action shall be without prejudice to any other action, rights and remedies etc. that

may also be available.

In the event the Contractor fails to fulfill his obligations under the CONTRACT, the OWNER

shall have the right to get the work done by any other agency/own resources at the risk and

cost of the Contractor.

1.42.0 TIME EXTENSION

If the Contractor requires any extension of time for completing the Work under the

CONTRACT he must apply to the OWNER within seven days from the date of the occurrence

of the event on account of which he desires such extensions and the OWNER may, if he

thinks such request reasonable, grant such extension of time as he may think necessary.

1.43.0 CONTINUED PERFORMANCE

The Contractor shall not stop work in case of any dispute pending before

arbitrator/court/Tribunal in relation to the contract or otherwise unless further progress of

works has been rendered impossible due to non-fulfillment of any reciprocal promise.

Unilateral stoppage of work by the Contractor shall be considered a breach of CONTRACT

and the OWNER shall be within its rights to take suitable and necessary action as it may

deem fit to adequately protect its own interests.

1.44.0 The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition) Act, 1970

and rules framed there under as amended from time to time.

1.45.0 The contractor shall abide by all the Laws/Acts/Rules/ Regulations including labour laws

related to PF, Wages, Holidays, Leave, overtime, etc.

1.46.0 The Contractor shall ensure that the Payment of Wages to Labourer has been made in

accordance with minimum Wages Act. If at any time, it is noticed or it comes to the knowledge

the payment to the Labourer employed by the Contractor is not made in accordance with the

Minimum Wages Act, NFL shall reserve the right to take remedial action to regulate the

payment.

39

1.47.0 It is understood by the contract that in the event of any losses/damages caused to the owner (NFL)

due to the reasons whatsoever within his control and the same losses/damages are approved, the

contractor has to make good all the consequential damages/losses to the Owner without any protest

and demur. The damages/losses shall be apart from other claims/damages to which the Owner is

entitled under the contract or in the course of Law.

1.48.0 The contractor shall ensure that all formalities / permissions/ licenses required be completing /

complying under the existing laws of India and amendments thereof time to time for and in

connection with this contract including engagement / employment of laborers.

1.49.0 “If a tenderer resorts to any frivolous, malicious or baseless complaints/allegations with an intent to

hamper or delay the tendering process or resorts to canvassing/rigging/influencing the tendering

process, NFL reserves the right to debar such tenderer from participation in the present/future

tenders up to period of 2 years”.

1.50.0 Signing of Integrity Pact: Bidder shall sign the Integrity Pact as per Annexure–VII, which is an integral

part of the tender documents, failing which the tenderer/bidder will stand disqualified from the tendering

process and the bid of the bidder would be rejected. Details regarding the integrity pact can be viewed on

our website www.nationalfertilizers.com. Bidder is requested to submit the signed copy of the integrity pact

alongwith their bid, with the signatures of witnesses. On receipt of the same with the bid, NFL

representative shall sign the same and a copy shall be provided to the bidder,

http://www.nationalfertilizers.com/

40

NATIONAL FERTILIZERS LTD.


VIJAIPUR - 473 111 DISTT. GUNA ( M.P.)

REFERENCE: OUR NIT No.: NFVP/CICO/3322 DATED: 24.10.2016

Name of work : ‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN

TOWNSHIP’

SCOPE OF WORK & DEFECT LIABILITY PERIOD

1.0.0 SCOPE OF WORK:

1.1.0 The scope of work includes providing of the drinking water supply line with GI pipe line

(Medium Grade) conforming to IS:1239 which shall be mostly laid over the ground level &

supported on brick pedestals. At road crossings, the pipe line shall be laid underground by

cutting the roads. Somewhere boundary/drain wall, ramps, floor of the residential houses may

require dismantling to make excess laying the pipe line. The contractor will be required to

execute the work under this contract within boundary limits of NFL Vijaipur Unit at all heights

and depths as per the requirements/directions of Engineer in charge. No extra claim (except as

mentioned in SOQ) shall be paid for doing jobs at different locations.

2.0.0 DEFECT LIABILITY PERIOD:

2.1.0 The defect liability period of this work shall be SIX MONTHS from the certified date

of completion of the work or the expiry of one full monsoon period i.e. 15th October

of the year whichever is later.

(G.D. AUJHA)

CHIEF MANAGER (CIVIL)

41

Annexure :- VI

ELIGIBILITY CRITERIA

NIT number NFVP/CICO/3322

Name of work ‘PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP’

Estimated value Rs. 129.58 Lakhs plus service tax extra

A. Commercial Criteria

S. No. Description Financial

Year

Annual Turnover

(Supporting documents

to be submitted)

1 Average annual financial turnover during last

three years ending 31.03.16 of previous year at

least 30% of estimated cost i.e., Rs. 39.00 Lakhs

2013-14

2014-15

2015-16

2 Experience of having successfully completed similar works during last seven years

ending the day of month previous to the one in which applications are invited should be

either of the following:-

a. Three similar completed work costing each not

less than amount equal to 40% of the estimated

cost i.e., Rs. 52.00 Lakhs

(Please attach copies of the work orders along with

Performance/ Completion certificate)

1. Work Order

Ref. No.

Name of

company

Contract

Value

Contract

Period

2 Work Order

Ref. No.

Name of

company

Contract

Value

Contract

Period

3 Work Order

Ref. No.

Name of

company

Contract

Value

Contract

Period

42

OR

b. Two similar completed work costing each not





1. Work Order

Ref. No.

Name of

company

Contract

Value

Contract

Period

2 Work Order

Ref. No.

Name of

company

Contract

Value

Contract

Period

OR

c. One similar completed work costing each not





1. Work Order

Ref. No.

Name of

company

Contract

Value

Contract

Period

B. Definition of similar work

Construction of buildings having water supply/ Sewerage component in the work OR Works involving

supply and laying of drinking water supply lines/sewage/storm water supply lines OR Works involving

supply and laying of pressure piping works of minimum values as mentioned above.

Signature of the contractor with seal

43

Annexure-VII

INTEGRITY PACT

(To be executed on plain paper and to be signed by the bidder and NFL.) National Fertilizers Limited (NFL) hereinafter referred to as “The Principal”.

AND ____________________________hereinafter referred to as “The Bidder/Contractor”

PREAMBLE The Principal intends to award, under laid down organizational procedures, contract/s for ___________________________. The Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of and of fairness/transparency in its relations with its Bidder(s) and/or Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM), who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Action 1 - Commitments of the Principal.

1. The Principal commits itself to take all measures necessary to prevent corruption

and to observe the following principles :- a) No employee of the Principal, personally or through family

members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the personal is not legally entitled to.

b) The Principal will during the tender process treat all Bidder(s) with

equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the process or the contract execution.

c)The Principal will exclude from the process all known

prejudiced persons.

2. If the Principal obtains information on the conduct of any of its

employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder(s)/Contractor(s)

1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. a. The Bidder(s)/contractor(s) will not, directly or through any

other persons or firm, offer promise or give to any of the

44

Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage or during the execution of the contract.

b. The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s)/Contractors will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or documents provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the bidder(s)/contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. All the payments made to the India agent/representative have to be in Indian Rupees only.

e.The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2. The Bidder(s)/Contractor(s) will not instigate third persons to

commit offences outlined above or be an accessory to such offences.

Section 3: Disqualification from tender process and exclusion from future contract

If the Bidder(s)/Contractor(s), before award or during execution has

committed a transgression through a violation of Section 2 above or in any other form such as to put his reliability or credibility in question, the Principal

is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or to terminate the contract, if already signed, for such reasons.

Section 4 : Compensation for Damages 1.If the Principal has disqualified the Bidder(s) from the tender

process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/Bid Security.

2. If the Principal has terminated the contract according to Section3, or if the Principal is entitled to terminate the contract according to Section3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the Contract value or the amount equivalent to Performance Bank Guarantee.

Section 5 : Previous Transgression 1. The Bidder declares that no previous transgressions occurred in

the last three years with any other company in any country

45

conforming to the TII’s anti-corruption approach or with any other public sector enterprise in India that could justify his exclusion from the tender process.

2. If the bidder makes incorrect statement on this subject, he can be

disqualified from the tender process and appropriate action can be taken including termination of the contract, if already awarded, for such reason.

Section 6 : Equal treatment of all Bidders/Contractors/Sub-contractors.

1. The Principal will enter into agreements with the identical conditions as this one with all bidders, contractors and sub-contractors.

2. The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 : Criminal charges against violation Bidder(s)/Contractor(s)/ Sub-contractors(s).

If the Principal obtains knowledge of conduct of a Bidder(s)/ Contractor(s) which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the same to the Chief Vigilance Officer.

Section 8 : Independent External Monitor/Monitors

1. The Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently

and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. It will be obligatory for him to treat the information and documents of bidders /contractors as confidential. He reports to the Chairman & Managing Director, NFL.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right

to access without restriction to all project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation totreat the information and documents ofthe Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

4. The Principal will provide to the Monitor sufficient information

about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of

this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the

46

Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report to the Chairman &

Managing Director,, NFL within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should be occasion arise, submit proposals for correcting problematic situations.

7. Monitor shall be entitled to compensation on the same terms as being extended to/provided to Independent Directors on NFL

Board.

8. If the Monitor has reported to the Chairman & Managing Director,

National Fertilizers Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the Chairman & Managing

Director, NFL has not, within the reasonable time taken visible action to proceed against such offence or reported it to the Chief

Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.

9. The word “Monitor” word include both singular and plural. Section 9 : Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidder 6 months after the contract has been awarded. If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by Chairman &Managing Director of NFL.

Section 10 : Other Provisions

This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal i.e. New Delhi.

Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made. If the contractor is a partnership or a consortium, this agreement

must be signed by all partners or consortium members. Should one or several provisions of this agreement turn out to be

invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

(For & on behalf of the Principal) (For & on behalf of Bidder/Contractor)

(Office Seal) (Office Seal) Place_________________ Date_________________ Witness 1 : Witness 1 : (Name & Address) (Name & Address)

47

____________________________________ ________________________________ ___________________________________ ________________________________ ___________________________________ ________________________________ ___________________________________ ________________________________

Witness 2 : Witness 2 : (Name & Address) (Name & Address) ____________________________________ ________________________________ ___________________________________ ________________________________ ___________________________________ ________________________________ ___________________________________ ________________________________

NATIONAL FERTILIZERS LIMITED VIJAIPUR 473111, · PDF fileDefinition of Terms (annexure IV) 29-...

Documents

Transcript of NATIONAL FERTILIZERS LIMITED VIJAIPUR 473111, · PDF fileDefinition of Terms (annexure IV) 29-...