undertaking to be submitted by the bidder to, dgm …

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27042016

UNDERTAKING TO BE SUBMITTED BY THE BIDDER To, DGM (Prod.) NFL, Vijaipur.

Sub: Tender for “Bagging of Product Urea & Loading the same in Wagons/Trucks” Dear Sir, 1. I hereby confirm having read and understood the tender documents and the requirements of work under this tender. The rates

quoted by me are not inclusive of service tax. 2. I agree to abide by all the terms and conditions of the tender documents, in case the job is awarded to me. 3. I declare that none of my sister / group / partnership concerns is participating in this tender. It is further declared that our firm /

company has not been disqualified during last five years by NFL or any other company in the past for participating in the tender process for any reason and we have no legal disqualification and nothing have been concealed in this regard. Declaration is to be given on 10 Rs. non-judicial stamp paper.

4. I agree to cancel the contract and to debar me from future participation in this tender, in case any concealment of facts on my part

is detected at any stage after the award of the contract. 5. I agree to carry out the work as per instructions of and to the full satisfaction of the engineer in-charge. 6. I shall have no objection to the forfeiture of security deposit amount, in case I fail to execute the contract faithfully and the

contract is terminated as per contract conditions. 7. I shall fulfill all applicable statutory requirements for and in connection with the execution of the contract. 8. I or my authorized competent representative shall personally remain available at site for supervision of the contract. I further

agree to employ competent contact person in shift, who shall be experienced enough in supervision of labour & well conversant with the jobs, rules & regulation pertaining to the contract in all the shifts / General shift to coordinate and control the activities of shift /General shift.

1. I have fully acquainted myself / ourselves with the work conditions at the work place and have been fully satisfied.

10. I hereby certify that none of the regular employees working in NFL is related to me or the following employees of NFL are related

to me: a) b)

11. I / We have quoted the workable rates keeping in view the due considerations of the incidence of the labour and all the factors for

constitution of costs.

Thanking you,

Yours faithfully,

(Bidder’s Signature) Along-with seal

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ATTACHMENT - A

NAME OF WORK: - BAGGING OF PRODUCT UREA AND LOADING THE SAME IN WAGONS & TRUCKS.

INSTRUCTIONS TO BIDDERS

1. The bidders shall acquaint themselves fully and thoroughly with the terms and conditions and limitations including the

scope requirement and official / statutory regulations, conforming to which and subject to which services are to be performed. Failure to comply with the above mentioned requirements will not absolve the bidders of their obligations and duties under the contract in the event of their bids being accepted. Nor shall entertain any claim whatsoever on the plea of ignorance on the part of bidders.

2. Bidders are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their bids about 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 affect the execution of bid. A bidder shall be deemed to have full knowledge of the site whether he inspects it or not and no extra cost consequent on any misunderstanding or otherwise shall be allowed.

3. NFL shall have at its sole discretion can withdraw the NIT and / or to postpone the bid opening date and / or time. If any change with regards to opening of bids is affected, the same shall be intimated to all the bidders well in time along with intimation of revised bid opening schedule. NFL’s decision in this regard shall be final, binding and conclusive.

4. No oral, e-mail, telephonic, electronic, telegraphic or bids submitted in hard copies / physical form will be entertained.

5. The bidders shall upload one set of this document duly signed on each page as token of acceptance of all terms and conditions. The following documents are also required to be submitted by the tenderer:

a) Cost of tender document b) EMD c) PF Code Number along with copy of registration certificate d) Income Tax return and assessment order for the last three-years e) Service Tax registration No.

6. No amendments to the bids will be allowed under any circumstances after the closing date and time for receipt of bids.

7. NFL shall be under no obligation to entertain / accept any claim / demand of the bidders for the cost, charges or incidentals in connection with the preparation and submission of bids.

8. NFL at its sole and unfettered discretion may accept or reject any bid in whole or in part without assigning any reason thereof. NFL shall also have discretion to award the subject contract to one or more bidders in the manner deemed fit and NFL's decision in this regard shall be final, binding and conclusive.

9. The offer shall be valid for a period of 120 days from the date of opening of technical bid.

10. The bids shall be accompanied by both, EMD of Rs. 1, 00,000/- (Rs. One lac only) and tender cost - of Rs. 1000/- (One Thousand Only) by way of separate D.D’s drawn in favor of National Fertilizers Ltd. payable at SBI Bavrikheda Branch Code 8455. The scanned copies of DDs for cost of Tender documents and EMD for Rs. 1000/- & 100000/- respectively shall be uploaded along with the signed copies of Techno commercial bid. EMD can be submitted either by DD or by Bank Guarantee from a scheduled Indian Bank except Rural / Co-operative Bank in NFL’s format. Bids without DD / BG will be rejected.

11. The EMD shall be forfeited in case the bidder after having submitted the bid withdraws the same or changes the quoted prices or any condition of bid within the period of validity or refuse to start the work after issue of LOI or / after acceptance of its bid, either wholly or in part, refuses to enter into contract.

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12. EMD of the successful bidders shall be adjusted against initial Security Deposit or refunded on submission of Security Deposit as per the terms and conditions of the contract. The EMD of the unsuccessful bidders shall be refunded as early as possible.

13. EMD / Security Deposit will not carry any interest.

14. Escalation / De-escalation Clause

The rates quoted by the tenderer shall remain firm during the currency of the contract including extended period also, except increase / decrease in the minimum wages of the labour by MP Govt. The escalation / de-escalation on account of increase / decrease in the minimum wages shall be adjusted as per the formula indicated below:

Escalation/De-escalation Formula:

[Billed Amount x (65/100) x (Escalated / De-escalated minimum wages of Un-skilled labour - Min. wages of Un-skilled labour on bid opening date of Techno-commercial un-priced bid)]

÷ [Minimum wages of Un-skilled labour on bid opening date of Techno -commercial un-priced bid]

The MP Govt. notifies minimum wages of labour from time to time. The above formula for escalation / de-escalation will be used for the minimum wages of Un-skilled labour prevailing at the time of opening of Techno-commercial un-priced bid.

Escalation / De-escalation shall be calculated on the minimum wages of Un-skilled labour declared in the notifications issued by MP Govt. as applicable on the date of opening of Techno-commercial un-priced bid. Even if the notification is issued at a later date, it shall be considered.

Once the Price Bids are opened, NFL under no circumstances will entertain any correspondence regarding offer of reduction in rates etc. of any kind by the tenderer unless specifically asked by NFL.

15. The bidder shall sign each page of the tender documents marked as attachments A, B, C, and D along with the undertaking in token of acceptance of the terms and conditions contained therein and upload the same.

16. PROCEDURE OF BIDS SBMISSION:

The bidders shall upload duly signed copies of their bids / documents in the following manner: -

16.1 Submission / uploading of EMD and Tender Fee

The bidder(s) shall submit / upload (1) Crossed Demand Draft or a Bank guarantee for EMD and (2) DD for cost of tender fee as required at clause No.10.

16.2 To Upload duly signed Tender documents by Tenderer(s) / Bidder(s):

The tenderer / bidder shall sign each page of the tender documents marked as attachment A, B, C, and D along with undertaking by the tenderer in token as acceptance of the terms and conditions content therein. The tender documents and under taking shall be uploaded as per clause No 15 above.

16.3 Submission of The price bid details as per “Schedule of Rate”

The price details as per "Schedule of Rates" given in Attachment-E shall be uploaded by the tenderer / bidder.

16.4 The ORIGINAL (1) Demand Draft (DD) / Bank Guarantee of EMD and (2) DD of Tender Fee should reach Vijaipur Unit at following address before opening of Techno commercial un-priced bid.

DGM (Prod.) National Fertilizers Limited, Vijaipur, Distt. GUNA (M.P.) - 473 111.

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If the original DDs & Bank Guarantee do not reach before due date at above address, the bid of that / those

bidder(s) shall not be opened. NFL takes no responsibility for delay, loss or non-receipt of EMD & Tender Fee

sent by post / courier.

17. The tenders will be opened electronically by NFL from Vijaipur Office. The submission of bids may however be done by Tenderer(s) / Bidder(s) 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. Bids cannot be submitted after the due date & time as per the schedule.

Price bid of all the Tenderer(s) / Bidder(s) who are techno-commercially acceptable shall be opened electronically.

18. On the scheduled date of opening, Technical and Commercial Bid & EMD will be opened first. All the Technical & Un-priced Commercial Bid and EMD shall be examined. Those bids that are found meeting all the requirements, and are found to be technically acceptable shall only be considered for further opening of their price Bids (Schedule of Rates). Price Bids of those acceptable bidders only will be opened on date & time to be intimated later. Decision of NFL in this regard shall be final and binding on all bidders.

19. The bidder is requested to certify that none of their group / sister concern / partnership firm as indicated in clause 20 hereunder is participating in this tender. It is also requested to submit an undertaking that in case of concealment of any facts, if detected later, the bidder along with group / sister concern / partnership concerns participating in this bid may be debarred from all future bids in addition to other action like forfeiture of Earnest Money.

20. The bidders are requested to furnish the following details in Technical and Commercial Bid:

Name of the Company nature (Pvt. Ltd. / Public Ltd. / Partnership Firm / Sole Proprietor): _____________________________________________________________________________________

Registration Number:____________________________________________________________________

Names of the Director / Partner / Proprietor:__________________________________________________

Father's Name / Husband's Name:_________________________________________________________ In case of sole proprietary firm: ____________________________________________________________

Residential address of Each Directors / Partners:______________________________________________ _____________________________________________________________________________________

Office address:_________________________________________________________________________

Tel. No. Office/ Residence: _______________________________________________________________

Name of the person duly authorized to sign and submit the bid in case of partnership firm / company : _____________________________________________________________________________________

21. The bidders shall fill the bids neatly and accurately. Any alteration erasing or overwriting should be avoided. Bid containing erased and alterations of the bid documents are liable to be rejected unless the persons signing the bid documents authenticate these.

22. Bidders should quote the rates both in figure and words. In case of any discrepancy, rates quoted in Words shall be applicable.

23. All the requests for interpretations, clarification in connection with bid document shall be addressed in writing to the DGM (Production), NFL, Vijaipur at least seven days prior to the closing Date of the bid.

24. Bidders shall upload their bids complete in all respects with all documents Mentioned in the bid.

25. Bidders shall quote rates for each schedule of jobs taking into consideration its workability. NFL also may decide to award jobs in the schedule to separate contractors in the manner deemed fit and NFL's decision in this regard shall be final, binding and conclusive.

26. Sales Tax or any other tax (except Service Tax), which becomes Payable under this contract shall be borne and paid by the contractor. NFL will not entertain any claim in this behalf.

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27. Every bid shall be made in English Language. In Addition to English, bid in Hindi may also be submitted. In case of any conflict, the bid submitted in English shall be final.

28. The tenders shall be liable to summary rejection in following conditions:

a) If the tenderer resorts to canvassing. b) If the tender does not fulfill the conditions of the tender documents, Eligibility criteria. c) If the bid is received late for any reason; d) If the tender contains any uncalled remarks or any alteration / additional conditions. e) If the tender does not contain the EMD or cost of tender documents. f) If otherwise liable to the rejected in the opinion of NFL or found to be against public policy or interest.

29. The bidders shall have to write the basic minimum wages for their quoted rates in the price bid

30. Eligibility Criteria:

Financial Sound bidders having experience of similar nature of work fulfilling following conditions can apply:

i Average Annual financial turnover during the last 3 years ending 31st March of the previous financial year, viz. for 2014-15, 2013-14, 2012-13, should be at least Rs. 2.30 crores (Rs. Two point three crores)

ii Bidder should have completed similar works during last 7 years ending last day of the month previous to the one in which applications are invited should be

a. Three similar completed works costing not less than the amount equal to Rs 3.10 crores (Rs. Three point one crores)each

OR b. Two similar completed works costing not less than the amount equal to Rs. 3.80 crores (Rs. Three point

eight crores)each OR

c. One similar completed work costing not less than the amount equal to Rs. 6.10 crores (Rs. Six point one crores).

d. Solvency Certificate issued by any Nationalized Bank should not earlier than six months from the date of Bid submission date. The minimum amount of Solvency Certificate should be of Rs. 2.30 crores (Rupees Two point three crores Only)

e. Bidder(s) have to submit the copies of audited profit & loss and balance sheet in order to adjudge the

financial capability and also to check positive net worth of the bidder(s)

Besides above the documents as mentioned under clause no. 5 above shall also be furnished by the bidders.

31. Evaluation Criteria:

1. Evaluation of the contract value shall be done on overall L-I (lowest quoted rates) basis i.e. the total value arrived at taking into consideration of all the item rates in Schedule of rates at Annexure - E.

Note: - Similar work means operation of bagging machines, & loading of bagged materials in wagons, trucks in Petrochemicals, Fertilizers, port or any process industry. The value of work order shall be considered for period of one year. In case the WO period is more than one year than value on pro-rata basis shall be considered.

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ATTACHMENT-B

SCOPE OF WORK AND SPECIAL CONDITIONS OF CONTRACT

A. Scope of Work

The scope of work shall include but not be limited to the followings operations:

01. Filling of empty bags with 50 Kg of urea through weighing cum tipping machines, stitching of filled bags and loading the same into wagon / trucks.

02. The contractor will mobilize adequate resources for stacking filled urea bags using all the stacking positions of the Stacking Conveyors viz. ET-13 & 14 in each platform, i.e. A, B & C. Further, the contractor will mobilize adequate resources to load these stacked bags immediately into the wagons parallel along with direct loading from other stations. In case, no wagons / trucks are available, contractor will have to continue the bagging operation and stack the bags on working platform, as per the instruction of EIC.

03. Shifting of empty bag bales from bag storage in adequate nos. to meet the requirement of bags for the shift.

04. Minor manual pushing of wagons and placing of wooden stoppers on the track for exact positioning for loading.

05.

(a) To spread the bag wrappers / LDPE sheets on the floor of the covered wagon before loading and also on the sides of Box wagons. To bring and adjust the portable conveyers / wooden steps on the station for the loading of Box-N Wagons, as & when required.

(b) To position portable conveyors between ET-12 & Box wagon and remove the same after loading. “The contractor shall ensure that the flapper at the head end of portable conveyor is folded back from the box wagon before shunting operation or manual pushing of the concerned wagon for adjacent wagons”

(c) In case of problem in portable conveyors, the wooden steps / ramp is to be placed and used for loading.

06. Contractor shall ensure loading of exact number of bags in the wagons / trucks as per the stacking pattern fixed by NFL and “contractor shall also write the stacking pattern on the wagon with chalk”

07. To ensure correct weight of urea in filled bags, random checking of the weight of filled bags will be done from all the running stations / filling machines once for each placement of rail wagons / trucks i.e. minimum two bags shall be weighed per station per wagon / truck loaded and also whenever required by NFL.

08. For covered wagons, the gaps after closing the doors are to be sealed properly with tarpaulin strips / tar felt or jute cloth so that rainwater does not flow inside. The wagon doors are to be latched properly. Box wagons are to be covered with tarpaulin and the same is tied with ropes properly & tightly or as instructed by Engineer In-charge (EIC) / authorized official of NFL.

09. Bag wrappers & unused empty bags will be collected and stacked neatly at the end of each shift. These shall not be left scattered. Partly used thread spools will not be discarded. Any intentional loss / damage to bags and thread shall be viewed seriously and suitable penalty shall be imposed.

10. In each shift before starting bagging operation, bag holders and stitching machines will be cleaned of dust with pressurized air.

11. The contractor shall deploy adequate competent contact person in each shift who will look after all the activities pertaining to bagging / loading operation.

12. The contractor shall deploy competent contact person(s) for smooth operation of loading. He will check and ensure:

i) Fitness of wagons / trucks for loading.

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ii) Type of bags to be used. iii) Exact number of bags to be loaded into wagons / trucks as per loading pattern. iv) Correct weight of filled bags. v) Quality of material filled in bags. vi) Number of stitches per bags per placement / wagon. vii) Proper opening & closing of doors of covered wagons including BCNAHL wagons.

He shall maintain all the relevant information in a register. In case of any abnormality, he will inform Shift In-charge/EIC.

13. Contractor shall be liable for adequate & efficient resource deployment for maintaining speed & quality of Bagging / loading operation as per work requirement.

14. The contractor will ensure that his workmen take proper care to load only those bags, which meet the quality criteria with respect to material and condition of bags and stitching. Un-stitched, weight varied and torn bags are not to be loaded in wagons or trucks. Any bag not meeting the criteria will be segregated and Shift in Charge will be informed of the same.

15. As per requirement of Shift In-charge (Production), hammering of bunkers shall be carried out for smooth flow of urea, whenever required.

16. Contractor will ensure that adequate tools and tackles like, chisels, hammers and hack-saw, are supplied by contractor to his workmen for opening the riveted / bolted / welded wagon doors.

17. Bagging operation shall be carried out in all the three shifts. All the workmen, deployed by the contractor must report in time at the beginning of each shift and bagging / loading operation should start within 15 minutes at the beginning of each shift.

18. Surprise checking of loaded wagons / trucks shall be got done, as and when required by NFL. The contractor shall arrange unloading / reloading of the loaded trucks / wagons for this purpose. Contractor will be paid unloading / reloading charges as per his quoted rates only, if no abnormality is found during the checking.

19. Contractor will ensure that during bag closing the number of stitches are being maintained as per direction of EIC.

20. The contractor will be required to draw filled urea bags as reference sample as per directions given by EIC.

21. The contractor shall load number of bags in the covered wagons, open Box-N rake and trucks as directed by NFL / EIC.

22. Minimum 12 no. of stations to be operated in each shift. The contractor shall operate any additional number of stations in each shift as per requirement of NFL. Normally 12 ~ 14 no. of stations will be operated.

23. The contractor shall ensure that lubrication of the stitching machines is carried out by his labour in each shift or as per directions of EIC.

24. In case, loaded bags gets scattered during shunting operations, the same bags shall be restacked in a proper

manner as per the instruction of EIC.

25. In case of ambiguity in the interpretation in the implementation of contract conditions. The conditions interpretation, specifications etc. provided in the special condition shall have precedent over conditions specifications etc. provided under general conditions in the following manners and order.

i) Special Conditions of Contract ii) General Conditions iii) General Instructions to Tenderers iv) Work Order v) Other Correspondence

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26. Removal of unwanted persons:

(i) Contractor shall deploy the person of bona fide character and antecedent in the event any person is found to be of suspected or otherwise character / antecedent, contractor will immediately remove such person from the factory area at the advice and instructions of NFL, CISF or other security force.

(ii) In case, any worker deployed by the contractor is found to be misbehaving and also creating hindrance in work, the worker may be removed by contractor under advice of NFL / CISF. In case, the worker is reverted back, permission of authority from whom advise / instructions received to remove the person is necessary.

(iii) NFL factory being a strategic installation contractor shall himself also keep NFL informed about the unlawful activities of its employees.

B. Penalty/ Incentive:

Penalty for less loading: Penalty for less loading shall be levied as given below.

1.0 Delay in loading/Less loading:

Normally, a loading of 6300 MT to 7300 MT per day is required. In case the loading for the shift is less than 2100 MT for reason not attributable to NFL, a penalty @ Rs 20 per MT for the shortfall in loading in a shift, will be levied on the contractor. The penalty will be levied exclusively on shift loading basis.

2.0 :

There will be some periods during the year when the required loading would be much less than 2100 MT/shift for reasons attributable to NFL. In such events, penalty as per clause 1.0 above may not be applicable.

3.0 Absence of Contact Person in the Shift

A penalty of Rs.500 per shift will be imposed for absence / non availability of contact person at the site.

4.0 Over Weight/underweight bags and improper stitching:

In case any variation in gross weight allowable limit and improper stitching is noticed on checking, contractor will have to unload already loaded material to recheck the weight / stitching. No unloading / reloading charges will be paid in such case. A penalty of Rs. 500 per MT urea (20 bags) will be levied from the contractor, if no of bags are less than 20. If the nos of bags are more than 20 bags then penalty will be levied at the rate of Rs. 50 per bag.

5.0 Variation in no. of bags:

During surprise checking if the number of bags in wagon / truck is less / more than the stipulated numbers, the unloading / reloading charges for that wagon / truck will not be paid to contractor. Besides additional penalty at following rates will be imposed:

Excess / Short loading in wagons/trucks - Rs. 500 /- (Rupees five hundred only) per bag.

6.0 Closing of doors of covered wagons: (New Clause)

In case the doors of covered wagons including BCNHL wagons are not closed properly a penalty of Rs. 200 per wagon shall be levied.

7.0 i) In event, contractor fails to operate 12 Nos. stations a penalty @ 7000/- for shortfall of each station per Shift shall be levied on contractor when there is no reason attributable to NFL. There will be some periods during the year when the loading would be less due to reasons attributed to NFL then penalty as mentioned above shall not be levied.

ii) If the contractor fails to operate additional stations over and above 12 Nos. of stations as required by NFL a penalty of Rs. 4000/- per station per shift shall be levied on the contractor.

C. Incentive Scheme for loading:

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Incentive will be paid for loading done on the following basis, for meeting stipulated loading targets as indicated below:

a) Monthly Incentive:

Payment shall be made to the contractor for achieving the minimum loading target for the months as stipulated below with 12 Nos. of stations. Incentive payment shall be made on monthly invoice raised by the contractor.

Loading Target (MT) Incentive Amount (Rs.)

(Base: 6000 MT/day x No of days in a month)

a) For a month of 31 days 186000 178560

b) For a month of 30 days 180000 172800

c) For a month of 29 days 174000 167040

d) For a month of 28 days 168000 161280

This basic monthly incentive amount shall be increased on pro-rata basis for the period during which additional stations above 12 Nos. shall be required to run on requirement of NFL and pro- rata increase in shift loading is achieved with base taken as 2100 MT on 12 Nos. stations. This condition of pro rata increase in shift loading shall only be applied for the purpose of calculating pro rata increased incentive over and above the basic incentive scheme indicated above and shall not be applicable if the reasons of less loading are not attributable to the contractor.

Shift Incentive:

In addition to the Monthly target incentive at a) above, shift incentive shall also be payable to the contractor on achieving the following shift loading target slabs. It shall be payable irrespective of the monthly loading achieved during the month and shall be over and above the monthly incentive.

Shift Loading (MT)

Incentive Amount per shift (Rs.)

2400~2600 MT 5100/-

2601MT and above 8400/-

D. Special Conditions of Contract

1. The contractor shall remain available at site during the tenure of contract. If contractor is required to leave the site, he will depute his authorized representative to receive the instruction of Engineer in-charge (EIC) and to carry out the required jobs. In case the contractor or his authorized representative are not available at site and don't take remedial action or failed to take instructions / communication deliberately even after notice is served on him, the contract may be cancelled after serving of 7 day’s notice.

2. The approximate quantity of product urea to be handled in the plant is 43.00 Lac MT. The total quantity may increase by 10% however; NFL does not guarantee the minimum quantum of job or the continuous flow of work. NFL shall in no way be liable to pay any idle labour charges / minimum charges / cost in this behalf.

3. The plant is operated in three rotating shifts of 8 hours each. The timing observed is IST shift from 6.00 AM to 2.00 PM, 2nd shift from 2.00 PM to 10.00 PM and 3rd shift from 10.00 PM to 6.00 AM. Some jobs may be operated in general shift only i.e. from 8.00AM to 5.00 PM with one hour lunch break from 1.00 PM to 2.00 PM.

4. The contractor shall arrange adequate and efficient number of manpower to manage the works in an efficient manner.

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5. The contractor shall mobilize resources and manpower at short notice in order to maintain the operations in the plant. He should be able to make all necessary arrangements for the said purpose.

6. If the contractor is not able to mobilize sufficient & proper workforce & supervisory staff for smooth running / execution of the contract. In case of default payment of bills will be stopped and repeated non-compliance may also lead to termination of contract.

7. NFL shall provide space to facilitate supply of tea and snack to the workers engaged by contractor.

8. The contractor shall ensure that the working area is kept clean and free from bag wrappers; suthli and other tools & tackles etc. must be kept in their proper place to maintain good housekeeping.

9. Contractor must ensure that fresh empty bags are used only for loading of urea. He shall ensure that bags and other consumables like thread and LDPE sheets etc. are not misused / wasted. Non-compliance will attract penalty.

10. Contractor shall ensure that his workers do not resort to go-slow or suspension of work. Any dispute or any issue needing settlement will be sorted out through discussions by and between contract workmen and himself. Proper & sufficient notice will be given by the contractor to NFL in case of any dispute between contractor and his workmen. However, this will not absolve the contractor of his obligations under the terms & conditions of contract.

11. It will be the duty of the contractor to ensure that his workmen are shifted from their normal place of work to any other place in case NFL shift in-charge asks for such shifting of manpower to meet the exigencies of work.

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ATTACHMENT: C

COMMERCIAL TERMS AND CONDITIONS

1.0 SCHEDULE OF RATES (Excluding Service Tax)

1.1 The bidder shall quote rates as per the "schedule of rates" given in Attachment-E.

1.2 It should be ensured by the bidder that the rates quoted by him are inclusive of all taxes (except service tax), duties, royalties and other statutory levies leviable at present. Compliance for payment of the taxes and other Statutory levies shall be the responsibility of the bidder and shall not be payable by NFL. Any new applicable taxes levied shall be to NFL’s account.

(a) Service Tax:

Service Tax, if applicable, shall be paid by the contractor and NFL shall reimburse the same on submission of documentary proof of payment to the Govt. It may further be noted that prime responsibility for assessment in respect of Service Tax rest with the contractor. Therefore liability of NFL is restricted to the extent of Service Tax only i.e. excluding interest or penalty if any. It must therefore be ensured by the contractor himself that Service Tax is deposited with appropriate authority in time and manner as prescribed by the law.

(b) For the purpose of reimbursement of Service Tax contractor is required to submit in writing on the letter head of the Firm / Company an undertaking and certificate that:

i) In respect of invoice number _______ for Rs. _______ dt._____ under work order no_______ in accordance with the Service Tax Act / Rules. Service Tax amounting to Rs._____ has been deposited on _____at _____vide challan no__ (Copy enclosed) with the Govt. or Department (Specify)

ii) I undertake to indemnify NFL against any loss or liability arising to NFL in connection with service tax related to above work order.

Signature of Authorized Person with Seal

1.3 The rates quoted by the tenderer shall remain firm during the currency of the contract including extended period also, except increase / decrease in the minimum wages of the labour by MP Govt. & shall be dealt as per clause No 14 of the instruction of bidders.

Minimum Wages rates of un-skilled labour shall be considered as notified by the MP Government and are

applicable on the date of Techno-commercial un-priced bid opening for the purpose of applying formula for rates escalation / de-escalation of wages as per clause no. 14 of the instruction of bidders.

2.0 Security Deposit:

a) The successful bidder shall deposit 10% of the contract value as security deposit by way demand draft or Bank Guarantee from a Nationalized Bank in the prescribed format in favour of NFL for faithful performance of the contract. The security deposit shall bear no interest and will be returned to the contractor 3 months after successful completion of the contract.

b) Successful bidder has option to deposit Security Deposit in two parts follows:

i) 2.5 % of the contract value shall be deposited by the contractor as 'initial security deposit' in the form of DD or a Bank Guarantee from a Nationalized Bank in the prescribed format in favor of NFL, Vijaipur. EMD shall be adjusted against initial security deposited.

ii) The balance i.e. 7.5% shall be deducted from all the running bills during the currency of the contact. In case the contractor fails to deposit the full SD or the Initial Security Deposit within the period stipulated in NIT / Work Order as per the option chosen by him before start of job, the Award shall stand cancelled and

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EMD submitted by him shall be forfeited. NFL can forfeit security deposit, in case of termination of the contract as per clause 26.1 of the General Conditions of the contract (Attachment-D).

3.0 TERMS OF PAYMENT

3.1 Adhoc Payment of 50% of bill amount shall be made against first fortnightly bill of each month submitted by the contractor & certified by Engineer-in-charge. Balance payment shall be released along with settlement of second fortnightly bill of each month.

3.2.1 For the purpose of releasing payment to the contractor he shall provide the following information: -

I. Acceptance for release of payment by ECS / EFT from our Bank i.e. SBI Bavrikheda branch (Branch code 8455) NFL complex Vijaipur 473111 Distt. Guna.

II. The details of tenderers A/c No. in any Branch of SBI

III. Name, address, Branch, Branch code, RTGS code & MICR No. of the tenders Bank.

3.3 The bidder shall be required to maintain field book / challans in which the details of each job done are to be recorded and duly certified by the Engineer-in-charge or his representative.

3.4 Following deductions will be made from the running bills:

I. Income tax and other statutory levies at the rates applicable from time to time as per tax regulations.

II. Security deposit.

3.5 The bidder shall maintain a Muster-Roll / Wage register in the prescribed Performa and shall obtain signatures / thumb impressions of the workers in token of their receipt of payment. All the payments of the workmen working under the contract shall be made through transfer to the account payee cheque or deposited in the account of workmen as per guidelines of State Government.

3.6 The bidder shall be singularly responsible to ensure strict compliance with all Central and State laws as well as the rules, regulations, by-laws and orders of the local authorities and statutory bodies as may be in force, from time to time. Any failure on this count on the part of the bidder and the consequences thereof shall be solely the responsibility of the contractor. Liability if any, under this head, shall be solely borne and paid for by the Bidder. If under any circumstances, NFL is called upon to make payment on this count, NFL will be at liberty to recover the same either by deducting it from the security deposit / earnest money or from any other sum due from NFL to the bidder whether under this contract or otherwise.

4.0 PERIOD OF CONTRACT:

The contract shall be valid for a period of 24 months and can be extended mutually for further period of three months at same rates, terms and conditions.

5.0 AGREEMENT:

Bidder shall enter into an agreement with NFL on a non-judicial stamp paper of Rs.500/- (cost to be borne by the bidder) within a period of 15 days from the date of issue of Work Order or before start of job whichever is earlier. No payment shall be released in the absence of the agreement.

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ATTACHMENT: D

GENERAL TERMS & CONDITIONS OF THE CONTRACT

1.0 The engineer-in-charge (EIC) shall be authorized to monitor the jobs as per requirements of the contract. He will be the competent authority to decide whether the job has been done strictly in conformity with the technical or other specifications. His decisions in regard to execution of work shall be final. The Engineer-in-Charge shall be the final authority to decide upon the dispute (s), which may arise during the execution of the contract. If no settlement of dispute(s) is arrived at, the dispute (s) shall be referred to the arbitration as per the terms of the contract.

2.0 In case desired by EIC the contractor shall immediately remove from the work any workman / person employed thereon by him who may, misbehave or cause nuisance or is incompetent or misconducts in any way. Such person shall not be again employed on the work without prior permission of the EIC.

3.0 The contractor may depute such persons as he may think fit. The persons / labour so appointed shall be the employees of the contractor for all purposes and shall not be deemed to be in the employment of NFL. The control and supervision of the persons employed by the contractor shall vest with the contractor.

4.0 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 Plant. They shall not smoke inside the Plant premises and shall not be under the influence of intoxicating drinks or drugs while on duty within the factory premises.

5.0 NFL shall be under no obligation to provide accommodation, Parking & Conveyance to the contractor labour workman whether skilled or otherwise deployed by the contractor to execute the jobs under the contract. Contractor will make his own arrangement for office, residential accommodation and transport of his workmen. No claim / demand from the contractor shall be entertained in this behalf.

6.0 The contractor shall indemnify and keep indemnified 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.

7.0 The contractor shall at all times keep NFL indemnified against all claims, damages, compensation under the provisions of the payment of the Wages Act 1936, Minimum Wages Act 1938, Employees liability Act 1938, the workmen compensation Act 1923, Equal Remuneration Act 1938, employment of child labor Act 1938, Abolition of bonded labour Act and the contract labour (Regulation and abolition) act 1970 or any other law for the time being in force regulating the employment of labour by the contractor.

8.0 The contractor shall hand over the site in neat and clean condition to the Engineer in-charge or the Officer / officers authorized by the EIC on completion of the jobs assigned to him under the contract.

9.0 Contractor shall ensure to get the work carried out at periods beyond normal working hours. Contractor shall make arrangement for this purpose as & when required. NFL will make no separate payment to contractor on this account

10.0 Contractor shall follow all applicable safety Regulations. The contractor shall provide to his workers necessary safety tools and tackles, personal protective equipments as may be required, from time to time including safety shoes, helmet, dust masks & hand gloves etc. If the contractor fails to provide personal protective equipments to his workmen, NFL may provide the same and the cost of the item issued along with administrative charges will be recovered at the risk and cost of the contractor.

11.0 Persons deployed by contractor shall not tamper with or disturb any machine or installation. NFL Reserves the right to claim adequate compensation from the contractor on account of any damage caused to the Equipment due to careless handling or negligence on the Part of person deployed by the contractor.

12.0 All the employees of the Contractor deputed for the job shall be able-bodied men above the age of 18 Years. Contractor shall not deploy child labor or handicapped persons for the job.

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13.0 Contractor shall provide medical fitness certificate for all his workmen working under his contract from the Government authorized registered doctor. All documents relating to compliance with Statutory and other provisions shall be available with the contractor at all times at the place of work for any inspection.

14.0 If the contractor fails to fulfill his / its Obligation under the contract, NFL shall have the Right to get the work done by any other agency at the Risk and cost of the contractor.

15.0 The contractor shall exercise all skill, care and diligence in the discharge of the services that are to be performed by him under the contract.

16.0 The owner (NFL) shall be under no obligation to accept any claim, demand for the damages caused due to adverse climatic conditions during the execution of the contract.

17.0 The contractor shall not sublet or assign the job or its part to any other party under any circumstances without prior written permission / approval of NFL.

18.0 If any information submitted by a tenderer at the time of submission of tender is found untrue after the Award of the contract or it is discovered that some information having a material bearing on the contract has been concealed, NFL reserves the right to terminate the contract forthwith without any prejudice to any Right, remedy, claim etc. available to NFL under the law of the land.

19.0 If the Engineer in-charge at any time determines that the work is not being executed as per the time schedule, EIC may take such steps as deemed necessary to improve progress of the work at the cost of the contractor.

20.0 The work shall not be considered as completed until the EIC has certified that the works have been completed in accordance with the terms and conditions of the contract.

21.0 The contractor will have to strictly adhere to the Instruction given by the EIC from time to time during the contract period.

22.0 A unilateral stoppage of work or strike or slow-loading by the contractor or his workmen shall be considered as a breach of the contract and NFL Reserves its right to take necessary and suitable action as it may deem fit to adequately protect its Interests at the risk and cost of the contractor. Any Aforesaid action shall be without prejudice to any other action, right and remedies etc. That may be available to NFL under the contract including Termination of contract.

23.0 The successful contractor shall continue to perform his part of obligations and shall not stop the work in case of any dispute / differences.

24.0 The contract entered into between the parties in pursuance of this document, may not be amended or otherwise altered and no variation of the clauses of the Contract shall be valid except pursuant to an instrument in writing signed by each of the parties hereto. NFL Shall not in the absence of its specific written Acceptance be bound by any provisions in the tenderer’s offer, forms of acknowledgment of contract, and other documents which may be advanced In support of the contract.

25.0 TIME LIMIT FOR ANY CLAIMS:

Under no circumstances whatsoever, shall the contractor be entitled to any compensation from the NFL on any account unless the contractor shall have submitted a claim, in writing, to the EIC within one month of cause of such a claim occurring. Contractor shall be deemed to have waived off his right to claim the same if the claim is not raised within one month.

26.0 TERMINATION/CANCELLATION OF CONTRACT:

26.1 NFL may terminate the contract if:

a) At any time, the contractor makes default in proceeding with the work / job with due diligence and continues to do so after serving notice in writing of 7 days from The EIC.

b) If the contractor persistently disregards the Instructions of the EIC or fails to take steps to employ Competent or additional staff required, 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 7 days after issue of notice in writing is given to him by the EIC.

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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, sublets or attempts to assign transfer or sublet the entire work or any portion thereof without prior written Approval of the accepting authority.

e) The contractor abandons the contract.

f) Otherwise in the opinion of NFL it is expedient in the interest of the company to terminate the contract.

g) In case the contractor fails or neglects to execute the work under this contract, in accordance with terms & conditions of the contract, or refuse to receive lawful instructions, NFL at its sole discretion may terminate the contract in part or in full after giving 7 days notice in writing, NFL will have the right to get the job done by any party in part or full at the risk and cost of the contractor. In such event in addition to the risk and cost amount contractor shall also be liable for 10% of administrative charge on the total contract value or cost of the left over job.

26.2 In case contract is terminated, NFL will have the Option of:

(a) To Forfeit security deposit and (b) To Award the work to any other party at the risk and Cost of contractor and recover all extra cost from him.

27.0 FORCE MAJEURE:

The term 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 obligation contained therein, if, such performance is prevented or delayed, or restricted or interfered with by reason of war, hostilities, Revolution, civil commotion, epidemic, Accident, fire, flood, earthquake, regulation or Ordinance or requirement of any Government or any sub- division thereof, or authority or representative of any Such Govt. and / or due to reasons 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 contractual obligation by a State of force majored lasting continuously for a period of three (3) months the two parties shall meet and decide about the future course of action for implementation of the contract.

28.0 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 of competent Jurisdiction at Guna (where the contract shall be deemed to have been entered into) to try such suits to the Exclusion of all other courts of the country.

29.0 ARBITRATION CLAUSE

“Except where otherwise provided in the contract, all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the 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 works or whether before or after termination shall after written notice by either party to the contract be referred to the Arbitration of the 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)

The Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under shall govern the Arbitration proceedings:

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.

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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 stage he may deem fit”

a) 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 the rate of SBI PLR / Base Rate as applicable to NFL on the date of award of contract.

30.0 Contractors obligations under various labour laws:

The contractor shall strictly comply with the provisions of Labor Laws like the Contract Labour (R&A) Act, 1970, Employees Provident Funds & Misc. Provisions Act, 1952, Factories Act, 1948, Industrial Disputes Act, 1947, Workmen’s Compensation Act, 1923, Maternity Act, 1961, Payment of Bonus Act,1965, Payment of Gratuity Act, 1972, Minimum Wages Act, 1948, Payment of Wages Act, 1936 etc. and any other Law / Legislation which may be applicable from time to time.

In case of non-compliance with any of the conditions of provisions contained in E.P.F. Act 1952 as amended from time to time, NFL reserves the right to provisionally retain 25% of the contract payment towards employee & employer’s contribution.

Note: The above Acts are only illustrative and not exhaustive.

The Contractor shall get liability under Workmen’s Compensation Act, 1923 insured through an insurance Company. Contractor shall also take Medical cover for the workmen deployed by him to cover the medical treatment in respect of his workmen.

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 connection thereto including his employees.

31.0 Bidder will sign the Integrity Pact as per enclosed Annexure-II 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.

Bidder is requested to submit the signed copy of the integrity pact along with their bid along with the signatures of

the witness. On receipt of the same with the bid, NFL representative shall sign the same and a copy shall be

provided to the bidder.

32.0 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 of the registration certificate in support thereof. Otherwise it will be

construed that the party is not registered as per MSMED Act, 2006 [Refer clause No and Format-III & III(A) of

GTCC].

Bidder is requested to submit the signed copy of the PUBLIC PROCUREMENT POLICY FOR MICRO AND

SMALL ENTERPRISES along with their bid along with the Format F-__ And Format - __ (A)

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ATTACHMENT - E

SCHEDULE OF RATES

BAGGING & LOADING OF FILLED UREA BAGS AS PER SCOPE OF WORK (Attachment-B) IN 50KG BAGS

Sr. No.

OPERATION UNIT ESTIMATED

QTY

UNIT RATE IN FIGURES & WORDS

(Rs.)

1 Loading of bags including filling & stitching in Rail wagons & Trucks

MT 4190000

2 Stacking of filled bags on the platform or filled bags storage & reloading in Truck/wagons

MT 110000 *

3 Surprise checking unloading & reloading of bags into:

a Covered wagons MT 9600

b Trucks MT 1500

4 Reloading of urea filled staggered bags in wagons during shunting.

MT 14000

Total amount for two (02) years (Rs.)

Total Amount in words:

Basic minimum wages for the quoted rates in the price bid. Rs (In figure & Words.)

Unskilled --------------------------------------------------------

Semi Skilled-------------------------------------------------------

Skilled ------------------------------------------------------

Note:

I. Rates quoted by the party should be exclusive of service tax. Service tax if applicable shall initially be paid by the contractor and NFL shall reimburse the same against submission of documentary evidence of its payment to Govt.

II. Unit rates above should be written in figures as well as words and it should tally. In case of any discrepancy, rates in words shall be taken as final and value calculated based on these rates.

III. For item No 2 separate conveyors have been installed in the Bagging Plant for stacking of filled bags.

* Rates for 110000 MT will be 1.5 times of quoted values of item at Sr. No. 1 above.

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DECLARATION FORM

Quotation No.:________________________ Date: ___ / ___ / _____

Dy. General Manager (Prod)

M/s. National Fertilizers Limited

Vijaipur-473 111

District Guna, Madhya Pradesh

Subject: Tender for “Bagging and loading of urea into wagons & trucks” for the year – 2016-

18 at NFL, Vijaipur.

Sir,

I / We _____________________________________have read the conditions of the tender attached

here to and agree to abide by such conditions. I / We offer to do the job of “Bagging and loading

of urea into wagons & trucks” for the year – 2016-18 at NFL, Vijaipur at the rates quoted in

the attached Schedule of Rates and in accordance with the inspection, 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 works within the

specified time in accordance with applications, workmanship and instructions referred to in the

Notice Inviting Tender.

I / We agree to accept payment by ECS / EFT from your Bank i.e. SBI, Bavrikhera branch, Branch

Code: 8455. Details of my Bank A/c No. are as under:

A/c No. in any Branch of SBI: ________________________________________

Name & Address of the Branch: ________________________________________

Branch Code: ________________________________________

In case of acceptance of the Tender by the National Fertilizers Limited, I / We bind myself /

ourselves to execute the contract as per the conditions mentioned in the tender document, failing

which, I / We shall have no objection to the forfeiture of the Earnest Money lodged with the

National Fertilizers Limited, Vijaipur.

(Signature of Tenderer with Seal)

Name: ________________________________

Address _______________________________

Place: ________________________________

Date: ________________________________

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DECLARATION FORM

THE FOLLOWING DECLARATION TO BE SIGNED BY CONTRACTOR

Sr. Description 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.

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

Name & 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. (Documentary proof to be attached)

Service Tax Break-up Material Component (in % of quoted rates)

Service / Labour Component (in % of quoted rates)

Rate of Service Tax applicable against the contract on Service / Labour component

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 Bidder will sign the Integrity Pact as per enclosed Annexure-II which is an integral part of the tender documents. Bidder is requested to submit the signed copy of the integrity pact along with their bid along with the signatures of the witness.

7 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 of the registration certificate in support thereof. Otherwise it will be construed that the party is not registered as per MSMED Act, 2006.


Name: ________________________________

Address _______________________________

Place: ________________________________

Date: ________________________________

20

PROFORMA NO. - 1

INFORMATION REGARDING TENDERER

A) In case of individual

i) Name of Business

ii) Whether his Business is registered

iii) Date of commencement of business

iv) Whether he pays Income-Tax over Rs. 10,000/- per year

B) In case of Partnership

i) Name of Partnership

ii) Whether the Partnership is registered

iii) Date of establishment of firm

iv) If each of the partners of the firm pays Income-Tax over Rs. 10,000/- a year and if not which of them pays the same

C) In case of Limited Liability Company or Company Limited by Guarantee

i) Amount of paid up capital

ii) Name of Directors

iii) Date of Registration of Company

iv) Copies of the last two years’ Balance Sheets of the Company

D) Income Tax

i) Income Tax Clearance Certificate for previous years.


Name:

_________________________________________

Address:

_________________________________________

_________________________________________

Place:

_________________________________________

Date:

_________________________________________

21

PROFORMA NO. - 2

DETAIL OF EXPERIENCE

Tenderer shall give information of similar works done during the past five years strictly as per Performa given below

Sr. No. Full particulars of similar work

carried out by Tenderer

Value of Contract

Contracted Completion

time

Actual completion

time

Year of completion

Name & Postal Address of Client

Rs. Months /

Years Months /

Years Year

1

2

3

4

5

Certified that the above information is correct.


Name: _______________________________________

Address: ________________________________________

________________________________________

Place: ________________________________________

Date: ________________________________________

22

PROFORMA NO. - 3

PRESENT COMMITMENTS

Tenderer shall furnish the details of their present commitments strictly as per this Performa.

Sr. No.

Name of work

Name & address of Client with the name of person under whom the

work is being executed

Contract Value

Brief description

of work

Contracted date of

completion with the date of start of work

% age completed as on date

Expected date of completion

of balance work with approx. value of such balance work



Name: ___________________________

Address: ___________________________

___________________________

Place: ___________________________

Date:. ____________________________

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PROFORMA NO. - 4

INFORMATION REGARDING EQUIPMENT WHICH THE TENDERER PROPOSES TO USE FOR THIS WORK

Sr. No

Description Qty Make Capacity

(Unit) Owner

Approx., date when it will be deployed

at site

Period of attention

at site



Name: __________________________________

Address: __________________________________

__________________________________

Place: __________________________________

Date: __________________________________

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FORM-1

The offer against the subject job shall be submitted by the Contractors / Firms / Companies along with the following information /documents complete in all aspects:-

1 Name of Applicant / Firm / Company

i) Nationality

ii) Full Address

2 Company Profile

A Whether i) Private Limited Company ii) Un-divided Hindu Family / Individual iii) Partnership Firm

(Please attach certified copy of partnership deeds / articles of association and memorandum of association and power of attorney who is signing documents on behalf of applicant/firm/company).

B Year of Establishment

C Name of Bankers and their full address.

(Solvency Certificate to be submitted on enclosed Performa - II)

D Details of Equipment / Machinery / Tools etc. owned by the Firm.

(Attach separate sheet)

E Details of Staff Working with the Firm

(Attach separate sheets)

F Place of Business.

3 Provident Fund Code No.

(Duly certified copy to be enclosed)

4 Sales Tax/CST Registration No.


5 Details of Labour License

(Duly certified copy to be enclosed.)

6 Income Tax Permanent Account Number (PAN)

(Duly certified copy to be enclosed.)

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7 Service Tax Registration Number


8 Annual Turnover during the last three financial years

(Certified copy of P&L Account and Balance Sheet etc. to be enclosed.)

9 List of works executed

(Details to be provided as per attached Performa-2)

10 Has the applicant or any of his partner or shareholders been black listed or delisted or put on holiday list from the approved list of contractors or demoted to lower class or Order passed, banning/suspending business with the Applicant etc. by any Deptt, in the past? If Yes, please give the details.

11 A list of those persons who are working with the Applicant in any capacity and who are near relatives to any of the employees of the Owner (NFL) or in the Ministry/Department should be submitted

(Names are to be intimated if employment given to such persons at later date).

12 Declaration by Contractors: All the information filled herein and attached hereto are true to the best of my knowledge and belief. It is further certified that I/We will not get myself/ourselves registered under more than one name.

Note: Please attach separate sheets for the details, wherever, necessary.

Signature of authorized person of the Firm/Company with seal

26

Form-II

Interested party is to submit the following with signed documentary proof.

S. No. Description Details of the Number

1 PF registration No.

2 PAN (Income Tax Permanent Account No.)

3

a) Service Tax Registration No.

b) Accounting Code No.

c) S.T. Code No.

4 Labour License No. (In general) Labour License No. (Madhya Pradesh)

5 Year in which the party was established

Signature of the Contractor with Seal

27

Form -III

Offer shall be submitted by the interested party along with the signed documentary proof of the following.

S. No.

Description Status Remarks

1 Certified copy of last 3 year’s P&L account Yes/No.

2 Employer of the party is whether related with any NFL employee or not.

If yes, give the details.

Yes/No.

3 Bank reference / Bank solvency certificate enclosed.

Yes/No.

4 Is the party enlisted / prequalified with any other Govt. Deptt. / Public Ltd. Company?

If yes, give the details with the documentary evidence.

Yes/No.

5 Financial capability of the party with balance sheet (latest balance sheets to be attached)

6 Status of the party (Whether Pvt. / partnership / Public Ltd., partnerships deed/article of association.)

Signature of the party / Contractor with seal

28

PROFORMA NO-2

Eligibility Criteria of Parties W.R.T. Experience:

S. No Description Financial Year

Annual Turnover (Details of the documents to be submitted)

1 Average Annual Financial turnover during last three years ending 31st March of the previous financial year.

2012-13

2013-14

2014-15

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 the amount equal to Rs.

3.10 cores.

(Please attach copies of the

work orders along with the

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

OR

(b) Two (02) similar completed 1 Work Order Ref. No

29


than the amount equal to

Rs.3.80 crores.




Certificate)

Name of Company

Contract Value

Contract Period


Name of Company

Contract Value

Contract Period

OR

(c) One (01) similar completed


than the amount equal to Rs.

6.10 crores.




Certificate)


Name of Company

Contract Value

Contract Period

NOTE:

1. Similar Work means operation of bagging machines & loading of bagged material in wagons, trucks in Petrochemicals, Fertilizers, port or any process industry.

2. Self-attested documentary evidences for Annual Turnover to be enclosed.

3. Self-attested documentary evidences for executed Work Orders given above to be enclosed.

4. Self-attested documentary evidences for Performance / Completion Certificate of above given Work Orders to be enclosed.

5. Experience relevant documents are to be taken for 1 year. If the period is more than 1 year then the Contract value should be intra-polated for 1 year.

Signature of the party/Contractor with seal

30

Annexure-II

(To be executed on plain paper and submitted along with technical bid/tender documents.

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.

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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 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.

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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.

3.

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 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)/ Subcontractors(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

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Subcontractors. The Monitor is under contractual obligation to treat the information and

documents of the 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 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

34

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)

___________________________________ ________________________________

___________________________________ ________________________________

___________________________________ ________________________________

___________________________________ ________________________________

Witness 2: Witness 2:

(Name & Address) (Name & Address)

___________________________________ ________________________________

___________________________________ ________________________________

___________________________________ _________________________________

35

PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES:

Government of India, vide Gazette of India No. 503 dated 26.03.2012 has proclaimed the Public

Procurement Policy on procurement of goods and services from Micro and Small Enterprises

(MSEs)by all central Ministries/Departments/PSUs for promotion and development of Micro and

Small Enterprises. Accordingly, following provisions are incorporated:

i) Issue of Tender Documents to MSEs free of cost.

ii) Exemption to MSEs from payment of EMD / Bid security.

iii) In Tender, participating Micro and Small Enterprise quoting price within price band of

L1+15% shall also be allowed to supply a portion of requirement by bringing down their

prices to L1 price in a situation where L1 price is from someone other than a micro and

small enterprises and such micro and small enterprises shall be allowed to supply upto

20%of the total tendered value. In case of more than one such Micro and Small

Enterprises, the supply shall be shared proportionately (to tendered quantity). Further out

of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST Entrepreneurs.

This quota is to be transferred to other MSEs in case of non-availability of MSEs owned

by SC/ST entrepreneurs.

iv) The quoted prices against various items shall remain valid in case of splitting of quantities

of the items as above.

v) In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium

Enterprises Development Act, 2006, the bidder shall submit the following:

a) Documentary evidence that the bidder is a Micro or Small Enterprises registered

with District Industries Centers or Khadi and Village Industries Commission or

Khadi and Village Industries Board or Coir Board or National Small Industries

Corporation or Directorate of Handicrafts and Handloom or any other body

specified by Ministry of Micro, Small and Medium Enterprises.

b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate

documentary evidence in this regard.

vi) In case tendered item is non- splitable or non-dividable, MSE quoting price within price

band L1 (other than MSE) +15%, may be awarded for full / complete value of supplies /

contract subject to matching of L1 price.

vii) The MSEs owned by SC/ST entrepreneurs shall mean:

a) In case of Proprietary MSE, Proprietor(s) shall be SC/ST.

36

b) In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share

in the unit.

c) In case of Private Limited Companies, at least 51% share is held by SC/ST. If the

MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate

documentary evidence in this regard.

viii) The Public Procurement Policy for MSEs is meant for procurement of only Goods

produced & Services rendered by MSE and hence shall not be applicable for works

contracts.

The above documents submitted by the bidder shall be duly certified by the Statutory Auditor

of the bidder or a practicing Chartered Accountant [not being an employee or a Director or not

having any interest in the bidder’s company/firm) where audited accounts are not mandatory as

per law.

If the bidder does not provide the above confirmation or appropriate document or any

evidence, then it will be presumed that they do not qualify for any preference admissible in the

Public Procurement Policy (PPP), 2012.

37

Format F-__

‘PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL

AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006

[MSMED ACT 2006)”

NIT No.: _______________________________________________________________

Name of Contract: ______________________________________________________

1. You may aware that “Micro, Small and Medium Enterprises Development Act 2006”

(‘MSMED’) has been come into force w. e. f. 2nd October 2006, which has repealed the

provisions of the old Act regarding Small Scale Industrial undertakings.

2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or

rendering / providing of services are to be classified into Micro, Small and Medium enterprises

based on the investment in plant and machinery/equipment.

3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriate

authority as mentioned in the MSMED Act.

4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided

family, Association of persons, Cooperative Society, Partnership firms, undertaking or any

other legal entity.

5. For your ready reference, the definitions of Micro, Small and Medium enterprises are given

below:

Classification of enterprises engaged in: (a) Manufacture or production of goods pertaining to any industry specified in the First Schedule

to the Industries (Development and Regulation) Act 1951 as:

Nature of Enterprise Investment in Plant & Machinery (#)

Micro Does not exceed Rs. 25 Lacs

Small More than Rs. 25 Lacs but does not exceed Rs. 5 Crores

Medium More than Rs. 5 Crores but does not exceed Rs. 10 Crores

(b) Providing or rendering services:

Nature of Enterprise Investment in Equipment

Micro Does not exceed Rs. 10 Lacs

Small More than Rs. 10 Lacs but does not exceed Rs. 2 Crores

Medium More than Rs. 2 Crores but does not exceed Rs. 5 Crores

(#) In calculating the investment in plant & machinery, the cost of pollution control, research

38

and development, industrial safety devices and such other items as may be specified will be

excluded.

6. You are therefore requested to fill the “Format” [proforma attached] and submit the same along

with proof of valid document/ certificate [indicating registration no.] in your offer. In case

same is not submitted along with your offer, it will be presumed that your organization is not a

micro, small or medium enterprises as per the provisions of MSMED Act 2006 and

consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

39

Format - __ (A)

CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM

ENTERPRISES DEVELOPMENT ACT, 2006 (MSMED ACT 2006)

NIT No.:

______________________________________________________________________

Name of Contract:

______________________________________________________________________

1. We confirm that provisions of “Micro, Small and Medium Enterprises Development

Act 2006” (‘MSMED’) are applicable to us and our organization falls under the

definition of:

a. Micro Enterprise - [ ]

b. Small Enterprise - [ ]

c. Medium Enterprise - [ ]

(Please put a tick in the appropriate box)

2. Copy of proof of valid document / certificate [indicating registration no.] of being a

Micro / Small / Medium Enterprises is enclosed.

Place: ____________ Signature of Authorized Signatory

Date: ____________ Name: _____________________

Designation: ________________

Seal:

Note:

In case above Format along with proof of valid document / certificate [indicating

registration no.] is not submitted in offer, it will be presumed that your organization is

not a micro, small or medium enterprises as per the provisions of MSMED Act 2006

and consequently you will not be eligible to the benefits admissible under the MSMED

Act 2006.

40

Bid security form

(Earnest Money Deposit)

Draft of Bank Guarantee for Bid Security Deposit

In consideration of National Fertilizers Limited (NFL), having its Registered Office at SCOPE

Complex, Core-III, 7, Institutional Area, Lodhi Road, New Delhi-110 003 (hereinafter called as ‘NFL’

which expression shall unless repugnant to the subject or context includes its successors and assigns) having

agreed to exempt ____________________________ (hereinafter called the, ‘the said tenderer(s)’ which

expression shall unless repugnant to the subject or context includes his successors and assigns) from the

demand under the terms and conditions of tender No ___________________ for ___________________

hereinafter called “the said tenderer’ of such Bid Security Deposit for the due fulfillment by the said

tenderer(s) of the terms and conditions contained in the said tender _______________ for ____________ on

production of Bank Guarantee for Rs. ___________ (Rupees ___________________ only).

1. We ___________________, the bank, hereinafter referred to as ‘the bank’ do hereby undertake to

pay to NFL an amount not exceeding Rs.____________ (Rupees ____________________ only)

against any loss or damage caused to or suffered by ‘NFL’ reason of any breach by the said tenderer(s) of any

of the terms and conditions contained in the said tender (the decision of the company as to any such breach

having been committed and loss suffered shall be binding on us).

2. We _________________, the bank do hereby undertake to pay the amounts due and payable under this

guarantee without any demur merely or a demand from ‘NFL' stating that the amount claimed is due by way

of loss or damage caused to or would cause to or suffered by ‘NFL’ by reason of any breach by the said

tenderer(s) of any of the terms or conditions contained in the said tender or by reason of the said tenderer’s

failure to keep the tender open. Any such demand made on the bank shall be conclusive as regards the

amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be

restricted to an amount not exceeding Rs. ________________ (Rs _____________________only).

3. We ____________________, the bank, further agree that the guarantee herein contained shall remain

in full force and effect during the period that would be taken for the finalisation of the said tender and that it

shall continue to be enforceable till the said tender is finally decided and order placed on the successful

tenderer and/ or till all the dues of NFL under/or by virtue of the said tender have been fully paid and its

claims satisfied or discharged or till a duly authorised officer of NFL certified that the terms and conditions

of the said tender have been fully and properly carried out by the said tenderer(s) and accordingly discharges

the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the

_____________ to include three months claim over and above the period mentioned in the paragraph for the

validity of the bank guarantee in the tender we shall be discharged from all liability under this guarantee

thereafter.

4. We ______________________________, the bank, lastly undertake not to revoke this guarantee during

its currency except with the previous consent of ‘NFL’ in writing.

Dated ________________ day of ______________________2016

Corporate seal for Bank