Post on 01-Sep-2018
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(PRODUCTION DEPARTMENT)
TENDER DOCUMENTS
FOR
DE-SCALING, REMOVAL OF SPILLAGE AND UPKEEPING OF UNIT GROUP OF
PLANTS FOR 2016-17
LAST DATE OF RECEIPT OF TENDERS 18-05-2016 at 3.00 P.M.
DUE DATE OF OPENING OF TENDERS : 19-05-2016 at 3.30 P.M.
TENDER DOCUMENT CONTAINS:
NIT & ANNEXURES : 44 pages
Signature of Tender Issuing Authority
Page 2 of 44
INDEX
Sr.
No.
Particulars From
Page
To
Page
No. of
Pages
1. Issue of Tender Document 1 1 1
2. Index 2 2 1
3 Notice Inviting Tenders 3 3 1
4. Tender Notice, Eligibility Criteria & Evaluation Criteria
(Ann.-A)
4 8 5
5. Scope of Work & Special Terms and Conditions (Ann.-I) 9 21 13
6. Declaration Form -1 22 22 1
7. Declaration Form-I I Submission of required documents
(Ann.-III)
23 23 1
8. Declaration form-III Form from the contractor,
Acceptance of tender documents , Application for Tender
Document fee if downloaded from NFL website (Ann.-
IV)
24 24 1
9. Schedule of Quantity/Rates (Ann.-V) 25 26 2
10.. General Directions & Conditions of Contractor (Ann.-
VI)
27 44 18
Total Pages 44
Contractors are requested to see that all the papers of tender documents issued to them
are intact and are duly signed on each page as per above Index.
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NFL/NGL/NAP/153(UK)/2016/Press/---- Date
NOTICE INVITING TENDERS
Sub. : Press Advertisement for the contract of “UPKEEPING OF UNIT GROUP OF PLANTS FOR
2016-17”
Sealed tenders are invited from experienced and financially sound contractors for the following works
S.
N.
Work
Description
Est.
Cost
Cost of
Tender
Documents
Availability
of Tender
Documents
Last date for
sale of
tender
documents
Date of
receipt of
Tenders
Date of
Opening of
Tender
1. “DE-SCALING,
REMOVAL OF
SPILLAGE AND
UPKEEPING OF
UNIT GROUP
OF PLANTS
FOR 2016-17”
12.37
lacs
500.00 Website or
Chief
Manager (P)
NFL Nangal
Unit
5.00 P.M
on
18-05-2016
3.00 P.M. on
19-05-2016
3.30 P.M.
on
19-05-2016:
For eligibility criteria, evaluation criteria and documents required to be submitted refer
“Tender Documents” or visit our website www.nationalfertilizers.com
Chief Manager (P&P)
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Tender Notice
NFL/NGL/NAP/153(UK)/2016/ Dated: To -------------------------- -----------------------------
Sub: TENDER NOTICE FOR “UPKEEPING OF UNIT GROUP OF PLANTS FOR 2016-17” Sealed tenders are invited for the work as detailed below:
1. Name of Work: “UPKEEPING OF UNIT GROUP OF PLANTS FOR 2016-17”
2. Earnest Money : Rs. 25000/-(Rupees Twenty five thousand only) 3. Tender Fee: Rs. 500/- 4. Estimated Value of the work: Rs. 12.37 lacs 5. Time of Completion: 12 months 6. Last date of issue of Tenders: : 18-05-2016 up to 05.00 PM
7. Last date and time of Receipt of Tenders: : 19-05-2016 up to 03.00 PM
8. The date and time of Opening of Tenders: : 19-05-2016 at 03.30 PM 9. Place of receipt and Opening of Tenders: Office of CM (P) 10. All requests for interpretation, clarification & queries in connection with tender shall be addressed in writing to Issuing Authority e.g. Chief Manager (P.) at least 7 (Seven) days prior to the closing date of the tender.
11. The Tender shall be submitted duly superscribed (Name of the work e.g. ARC for
UPKEEPING UNIT GROUP OF PLANTS FOR 2016-17”
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 f rom the date of opening of tenders for the acceptance.
13. National Fertilizers Limited reserves the right to reject any party. However, where the inquiries are made by the bidder, reason for rejecting a tender or non-issuing a tender document will be disclosed to the prospective bidder.
14. Tender shall be submitted in THREE SEPARATE SEALED Envelopes as under: Envelope No.1: Will be superscribed “EM” (Earnest Money) and shall contain earnest money deposit of Rs 25000/-(Rupees Twenty five thousand only) and Rs 500/-(Rupees Five Hundred only)as Tender fee in the form of a crossed demand draft/ B a n k e r C h e q u e issued by any scheduled bank except rural and cooperative bank in favour of National Fertilizers Limited, Nangal payable at Naya Nangal, Distt. Roopnagar (PB). Cheques shall not be accepted in any case. Tenders not accompanied with EMD shall be rejected Envelope No.2: Will be superscribed “TC” (Terms and Conditions) and shall contain terms and conditions set for the tender by tenderer for his offer (in duplicate) and terms &conditions which are at variance from the terms and conditions of the tender documents issued by NFL and the documents as per Para16 & 18. (DECLARATION FORM to be enclosed in this envelope) Envelope 3: Will be superscribed “PB” (Price Bid) and shall contain the rates and amount quoted in the prescribed schedule of rates. All the three sealed envelopes shall be submitted in a separate sealed envelope
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Superscribed” (Name of the job e.g.( “UPKEEPING OF UNIT GROUP OF PLANTS FOR
2016-17”.) 15. Opening of Tenders Envelope No.1: Marked “EM” containing Earnest Money will be opened first, on the schedule date of opening of tender in presence of those tenders who wish to be present at the time of Tender Opening. Envelope No.2: Marked “TC” will then be opened and discussion will be carried on with the respective tenderer for clarification, if any. Envelope No.3: Marked “PB” will be opened subsequently on the same day or at a later date, which will be intimated to tenderer. 16 The following documents are to be submitted with the quotation in the envelope no.
2, failing which the tender will be liable for rejection: 16.1 In case the parties are pre- qualified;
a) Declaration Forms
b). An Affidavit on Non-Judicial Stamp paper of min. Rs.30/-duly attested by Notary,
stating: -
With reference to NIT No. -------------------------dt. ------------------------of national
fertilizers Ltd. Nangal for the work ----------------------------I ---------------------------s/o
Sh. -------------------------------------R/O------------------------------------- proprietor
/partner/authorized representative of the firm M/S ---------------------------------do
solemnly affirm and declare as under ;
i) That my/our firm/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 in last 2 years.
ii) No other firm/sister concerns/associates belonging to the same
group is participating / submitting tender for the job. • PAN (Permanent Account No.) issued by Income Tax Deptt.
• Service Tax No., Code No./Accounting Code if applicable.
• ESI Registration No.
• PF No. issued by PF authorities‟ 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 (As per Annexure “A”): 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 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 r e t u r n e d 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
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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 CM (P) Both Techno-Commercial and price bids will be opened in presence of tenderer who may like
to be present.
Note: The following annexure are part of the tender documents.
1- Annexure-I - Scope of work and Special terms & conditions.
2- Annexure-II - Declaration form – I (To be submitted in Envelope-II)
3- Annexure-III - Declaration form-II for commercial & technical detail (To be submitted
in Envelope-II)
4- Annexure-IV - Declaration form-III Form from the contractor, Acceptance of tender
documents , Application for Tender Document fee if downloaded from
NFL website (To be submitted in Envelope-II)
5- Annexure-V - Schedule of Rates (To be submitted in Envelope-III)
6- Annexure-VI - General Directions and Conditions of the Contract. (To be submitted
in Envelope-II)
Thanking you,
Yours faithfully,
For and on behalf of,
National Fertilizers Limited
(T.K. Batra)
Chief Manager (P)
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ANNEXURE -A
A. ELIGIBILITY CRITERIA
The price bids of only such eligible tenderers shall be opened who shall fulfill the following:-
The party shall be eligible to participate in the bid only, if he / they meet the following eligible
criteria and submit the self certified documentary evidence in support thereof, without which price
bids shall not be opened.
1. (i) The bidder shall submit the name and address of the firm/company along with its
constitution giving status/style of the same such as partnership or limited/private firm etc.
along with its copies duly attested by Notary Public as evidence.
(ii) The sole proprietor shall submit affidavit in original duly attested by notaryregarding status/
style of the business entity.
2. Experience of having successfully completed similar works during the last 7 years ending last
day of the previous month in which NIT has been issued should be at least one of the
following. The party shall submit documentary evidence in support thereof.
∙ Three similar completed works each costing not less than 4.95 lacs (40% of Estimated
Value)
or
∙ Two similar completed works each costing not less than . 6.19 lacs (50 % of Estimated
Value)
or
∙ One similar completed work costing not less than . 9.90 lacs (80 % of Estimated Value)
Similar works means all works related to Upkeep of plant. Tenderer is to submit the copies of
work Order along with successful execution certificate.
3. Average annual financial turnover during the last three financial years ending 31.03.2015
should be at least 30 % of the estimated cost 3.72 lacs. Copies of audited profit & loss and
balance sheet account for the year, 2012-2013 , 2013-14 & 2014-15 should be submitted to
verify financial soundness of Party.
1. The tenderer should submit copies of the following documents along with the technical bid:
a) Work Orders along with completion certificate issued by appropriate authority.
b) Performance Certificates.
c) Copy of PAN No. issued by the Income Tax Authorities (Self Certified)
d) Copy of E.P.F. Registration No. issued by PF authorities. (Self Certified)
e) No Relation Certificate as per NFL‟s Performa (Annexure-II)
f) Copy of Service Tax Registration Number / Code (Self Certified)
g) Latest Bank Solvency certificate amounting to Rs.2.48 Lacs, issued by Bank (Bank
Solvency issued 12 months prior to the date of issue of NIT shall also be considered valid
unless otherwise expired.
h) Copy of E.S.I. Account Code Number issued by ESI Authority. (Self Attested)
i) Whether any sister-concern of the bidder is participating in the present tender, if yes, the
following details may be given:-
i. Name and address of the concern
ii. Name of the job
iii. Place and name of the Unit where job is being executed.
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4. The party shall also require to submit following documents, in absence of which price bid shall
be opened. However, documents shall have to be submitted by the party before the Award of
Contract; otherwise EMD of the party shall be forfeited.
a. Labour License
b. If the party is registered as Micro/Small/Medium enterprises as per the MSMED Act-
2006, the same may be confirmed by the party and submit a photocopy of Registration
Certificate in support thereof. (As per Annexure-III)
5. Bidder shall submit undertaking for submitting labour licence before award of contract.
B. EVALUATION CRITERIA:
1. The technical bid of only such tenderer shall be opened who has deposited the EMD & tender fee
as prescribed in the tender documents.
2. Technical bids will be evaluated as per the eligibility criteria. Price bid of only eligible tenderer
will be opened on a later date. The date and time for price bid opening shall be intimate later on.
3. The contract shall be awarded on overall L-1 basis. However, in case it is found that L-1 tenderer
has quoted non workable rates for one or more items due to which they become L-1, NFL
reserves the right to reject such tender.
4. If the tenderer does not quote rate for any item/items, it may be noted that for evaluation purposes
the same shall be taken based on the higher rate quoted by other tenderers for that particular item.
However, order shall be placed for same item based on the lowest rate quoted by other tenderers.
In case, the party shall have to execute that item (s), failing which action shall be taken as per the
terms and conditions of the contract. Contractors are required to quote their rates of the respective
items of the work as per the “UNIT” of item mentioned in the scheduled of quantity. If it is found
that the contractor has quoted his rates against the particular item(s) by changing the (“UNIT”),
the such quoted rates of the contractor with the change (UNIT) shall be ignored and treated as
UNQUOTED RATE against that particular item(s) and the tender shall be evaluated as mentioned
in Para-4 above.
Both „Techno-Commercial‟ and „Price Bids‟ will be opened in presence of tenderers who may
like to be present.
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ANNEXURE-I
CONTRACT FOR “DE-SCALING, REMOVAL OF SPILLAGE AND UPKEEPING OF UNIT
GROUP OF PLANTS FOR 2016-17”
I. SCOPE OF WORK & SPECIAL TERMS & CONDITIONS
Unit Group of Plants consists of various plants viz NMP-I, Water Treatment Plant, Ammonia Storage
Area (1000 MT), Nitric Acid Plant, NOx abatement Plant and Ammonium Nitrate Plant.
THE SCOPE OF WORK INCLUDES BUT NOT LIMITED TO THE FOLLOWING.
1.00 NMP-I/WTP PLANTS
1.01 AMMONIA STORAGE BUILDING
a. Grass cutting all around Horton sphere, in front of Ammonia filling station, bottling plant;
around 30 MT weigh bridge and around effluent pit near Amm-I plant.
b. Dry broom cleaning and water washing all the floors and area around the Ammonia
storage building.
c. Shifting of removed wild growth to nearby place inside factory area as directed by the
Engineer I/C
1.02 REFORMER, DESULPHURISATION & „PSA‟ SECTION
a. Dry broom cleaning and water washing of the whole area.
b. Spider web cleaning from all the machines and equipments, in this area.
1.03 D.M.PLANT, COOLING TOWER & INSTRUMENT AIR COMPRESSORS
a. Dry broom cleaning and water washing of the whole area.
b. Cleaning of cooling tower decks.
c. Oil and chemical handling.
d. To spray bleaching powder in all those places where algae growth has taken place.
e. Cutting of grass around the plant area & removal of the same to place directed by the
Engineer I/C.
1.04 TG SET
a. Dry broom cleaning, spider web removal and cleaning of pigeon-droppings from the floor
and equipments.
1.05 WATER TREATMENT PLANT
a. Cutting of grass and wild growth around primary clarifiers, Fine Clarifier, Interconnecting
Channels and Reservoirs and shift the removed wild growth to nearby place inside Factory
Area as directed by the Engineer I/C.
b. Cleaning of wire-mesh strainers at the inlet of primary clarifiers and at the suction of Clear
Water Pumps.
c. Spider web removal in the pump house and control room.
d. Water washing of the area near Fine Clarifier and in front of the Control Room.
e. Removal of floating leaves and mud particles from Fine Clarifier.
f. Cleaning of all the pump strainers and sumps of the pumps.
g. De-silting of drains.
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h. Shifting of removed mud / foreign material to a nearby place inside factory area away
from WTP as directed by the Engineer I/C.
1.06 MISC. JOBS IN AMM STORAGE/NMP-I/WTP
a. Emptying out and charging of sand in the sand filters in WTP.
b. Removal of wild growth near HP Nitrogen Tank, HP Hydrogen Tank, Flare Stack,
Naphtha Unloading Area, Naphtha Transfer Area, Day Tank Area and other plant areas of
NMP-I.
c. Cleaning of EOT Crane Tracks, Pumps, Mopping of NMP-I Control Room, shift office,
DM plant control room and WTP control room.
d. To spray bleaching powder at places where algae growth has taken place.
e. Shifting of removed wild growth to nearby place inside factory area as directed by the
engineer I/C.
1.07 LUB. OIL HANDLING IN AMM STORAGE/NMP-I/WTP
a. Charging oil in Instrument Air Compressors, Ammonia Refrigeration Compressors, Main
Drain Pumps, CWP - 8 and 9 in WTP and Air Compressors in WTP.
b. Cleaning and scrubbing of oil leakage around the machines given under 1.07 a.
c. Oil draining from above mentioned machines for replacement of oil or for attending
maintenance jobs.
d. Greasing of Raw Water Pumps.
1.08 CLEANING OF PRIMARY CLARIFIERS 1,2 & 3
a. Isolating and Draining of Clarifiers for cleaning of the same.
b. Removal of mud, dry leaves and twigs etc. from all the Primary Clarifiers.
c. Cleaning of all Clarifiers, including removal of grass, plants etc. from the walls, so that
these are suitable for doing maintenance/painting jobs.
d. Washing all Clarifiers thoroughly with water and to ensure that all drain lines of Clarifiers
are cleared for any choke.
e. Removal of all materials, Implements, Pumps, Fire Hoses & etc., from the Clarifiers, after
completion of work.
1.09 CLEANING OF FINE CLARIFIER
a. Draining of Clarifier for cleaning of the same.
b. Removal of mud, dry leaves and twigs from all surfaces of Fine Clarifier in Water
Treatment Plant.
c. Cleaning of Fine Clarifier, including removal of grass, plants grown on the walls, so that it
is suitable for carrying out Maintenance/Painting jobs.
d. Washing Clarifier surfaces thoroughly with water and ensure clearance of all the drain
lines of Clarifier, including the Pump Strainers and Sump.
e. Removal of all Materials, Implements, Pumps, Fire Hoses & etc., from the Clarifier after
completion of work.
f. De-silting of drains.
1.10/1.11/1.12 CLEANING OF RESERVOIR NO.1 & NO.2 AND CLEANING OF INLET AND
INTER-CONNECTING CHANNELS
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a. Draining of Reservoirs and Channels for cleaning of the same.
b. Removal of mud, dry leaves and twigs from all the surfaces of Reservoir No.1&2 and
Interconnecting Channels.
c. Removal of all Materials, Implements, Pumps, Fire Hoses & etc., from the Clarifier, after
completion of work.
d. De-silting of drains and drains wells.
e. Shifting of removed mud / foreign material to nearby place inside factory area away from
WTP, as directed by the Engineer I/C.
2.00 NITRIC ACID/ NOx ABATEMENT PLANT
2.01 CLEANING OF OPERATING FLOORS OF COMBUSTION SECTION
a. The Operating Floors of the Combustion Section and the Stairs are to be thoroughly
cleaned with broom and water washing.
b. Water and oil spillages, if any, are to be removed, as and when required.
2.02 CLEANING OF GROUND FLOOR & PERIPHERAL AREA OF AMMONIA
VAPORISATION SECTION
a. Ground Floor of Nitric Acid Plant is to be cleaned initially with broom and then with
water.
b. Oil Spillages, if any are to be removed as and when required.
2.03 CLEANING OF CONDENSATION SECTION
a. All the Floors of the Condensation Section are to be washed with water to remove the
traces of acid and any other undesirable material.
b. Removal of pigeon droppings from the equipments and machines.
2.04 CLEANING OF NOx PLANT & ACID STORAGE AREA
a. Cleaning of the entire area pertaining to NOx plant and Storage tanks. These are to be
cleaned initially with broom and then with water.
2.05 CLEANING OF BURNER HOODS (Ammonia Oxidation Reactors-4 nos.)
a. Cleaning of burner hoods of Ammonia Oxidation Reactors, whenever these are opened for
Catalyst gauges reversal/replacement or maintenance purpose, with help of wire brush &
ambry paper.
b. To apply fire-clay solution on inside surface of burner-hoods after cleaning.
2.06 RECOVERY OF SPILLAGE IN NOX ABATEMENT PLANT BUILDING ROOF
a. To collect the fine dust of product Sodium Nitrate/Nitrite spread on the top floor of Nox
Plant and to fill it in bags for recycling within the system.
b. The area is to be washed with water, after removing the dust.
2.07 MISC. JOBS IN NITRIC ACID PLANT &/ NOx PLANT
a. Removal of Mixed Gas Filter candles for cleaning & replacement, as and when
required.
b. Cleaning of Filter Candles with air & water and then drying.
c. Cleaning inside surface of Mixed Gas Filters.
d. Handling of catalyst gauzes during catalyst charging, reactivation, receipt & dispatch and
when and required.
e. Application of fire-clay solution on the expansion bellow of burner ring.
f. Cleaning of Catalyst Washing Room as and when required.
g. Sealing of Catalyst Washing Room.
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h. Removal of wild growth, grass cutting around the plant building area, shifting of the
removed grass & wild growth to a nearby place inside factory area as directed by the
Engineer I/C.
2.08 Cleaning of 100 MT Weigh Bridge near Nitric Acid Storage Tanks
3.00 AMMONIUM NITRATE PLANT
3.01 CLEANING OF ALL FLOORS OF MOTHER LIQUOR SECTION
a. Cleaning of oil spillage and scrapping of hard-set material on various floors of Mother
liquor section and Flakers section.
b. Spillage/scrapped material collected in Flakers section is to be dissolved in Mother Liquor
Tank.
c. In Flakers Section, the left over material after loading of trucks is to be filled in bags and
to be dissolved in Mother Liquor tank.
3.02 Cleaning of East or West part of settling pit in Ammonium Nitrate Plant. It requires 45
manday to carry out the job within a week.
The Job profile assumes prolonged shut down of NMP-I except Instrument Air
compressors, DM Water pump, Effluent Pumps on main drain for monitoring pH,
Ammonia storage and WTP.
II SPECIAL TERMS AND CONDITIONS
a. The essential feature of the contract is overall cleaning of the plants which includes
scrubbing & removal of oil spillage / hard set material, cleaning of drains, overall
cleaning of clarifiers/ reservoirs /inlet and interconnecting channels and other jobs as
detailed in the scope of work. The job is purely of intermittent and occasional nature.
Though the frequency of rounds supposed to be taken up by the contractor are mentioned
in soq, but is not limited to it only and the contractor may have to deploy sufficient
manpower as per the cleaning requirements in the plant even after 5.00 p.m.
b. The cleaning of clarifiers/reservoirs shall have to be done one by one as per the schedule to
be given by Engineer in-charge. Cleaning of Inlet and Inter-Connecting Channels and
Reservoir-I shall have to be completed within eight hours during ATA & on the day of
Total Power Shut Down. The contractor has to supply sufficient labour to complete the
job within specified time. Tentative time schedule for each clarifier is 20 days, for
Reservoir-II 6 days and for fine clarifier 4 days.
c. The frequency of rounds can be changed at the discretion of Engineer incharge. The
payment shall be made on the basis of rates per round for cleaning of the area and actual
rounds of cleaning carried out.
d. The contractor shall have to complete the job between 8.00 A.M. to 5.00 P.M. as and
when required, during all the working days including Sunday (s) and holiday (s). Engineer
incharge on inspection may ask the contractor to complete the unattended job on the same
day after 5.00 P.M. or the next day.
e. If required, the contractor will have to provide labour after 5.00 P.M. also for removal of
spillage for which NFL shall make no extra payment to the contractor
f. The entire work shall be carried out under the guidance and direction of Engineer Incharge,
NFL.
g. The spillages are of occasional nature. Expected frequency of removal of spillage&
minimum no of unskilled labour to be deployed per round, shall be, as shown in Annex.–
V. However, extra manpower, if required, to complete the job in time, shall be arranged
by the contractor.
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h. The Factory Area has been declared as „NO SMOKING AREA‟ Hence, the contactor shall
ensure de-matching of all in employees and ensure the compliance of „No Smoking‟
Instruction.
i. The trenches / drains in the areas mentioned in Scope of work shall be cleaned to ensure
free flow of water. Care shall be taken that covers for drains, trenches are not damaged,
and no material is dumped in drains & trenches. The material shall be neatly collected,
heaped outside and then disposed off at a specified place meant for the purpose.
j. Oil spillages will be cleaned using, cotton waste and shall not be washed with water.
k. Places where algae growth has taken place with in the areas as specified in Scope of work
shall be cleaned thoroughly followed by spray of bleaching powder.
l. The contractor or his supervisor shall always be available at plant site for proper supervision
and execution of the job.
m. All safety precautions in the handling and removal of spillages/hard set material etc. shall
be observed by the contractor/contractor‟s labour while performing the job.
n. Contract shall be governed by „General Directions and Conditions‟ of the contract and
GDCC forms a part of NIT. The contractor shall comply with all statutory obligations
specified in GDCC.
o. Contractor is required to submit status of company/firm as regard to registration under the
MSMED Act, 2006 (Refer Annexure-III).
p AGREEMENT Contractor will have to execute an agreement within 10 days of award of contract on non-
judicial stamp paper of Rs. 30/- to be purchased by contractor. Specimen Performa for
agreement may be obtained from the office of Senior Manager (Prod.) NAP. Agreement shall be duly signed and notarized on the date of signing /execution, by both the parties.
q. Supervision & Control of Contract Labour
The overall supervision and control of contract labour so engaged, deployed or supplied
for execution of contract shall remain and vest with tenderer.
III Payment Terms & Submission of Monthly Bill:
a. On acceptance of running bills, complete in all respects, 90 % payment shall be released
within 30 days and balance 10% shall be retained as security deposit after adjusting the
EMD and initial security deposit.
b. The contractor shall submit his monthly bill within 1st week of the following month to the
Executing Department for verification and recommendation. In case the contractor fails to
submit the bill by the last day of the following month, a penalty of 1% of the billed
amount or for every month of delay or part thereof subject to minimum of Rs. 1000/- shall
be recovered from the bill.
c. As per CVC instructions, NFL is required to make payments of all the suppliers/vendors
through Electronic Clearing System /RTGS, i.e. e-payments & e-Receipts. NFL, Nangal
Unit is having its Cash Credit Accounts with State Bank of India, Naya Nangal, who is
having Electronic Fund Transfer /RTGS Facility in its branch at Naya Nangal and some
other important branches. The contractors/suppliers, who are having their bank account,
may check up with the concerned branch, where they are maintaining bank account, as to
whether they are having EFT /RTGS facility, if so, they may submit the bank particulars
i.e. Bank Account Number, Name of Place of Branch, Branch Code Number, so that, their
payment could be released through transfer of funds to their account.
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IV Payment of Minimum Wages:-
a) It shall be the responsibility of the Contractor to make payment of Minimum Wages to the
workmen engaged by him on or before 7th
of the following month, as fixed /revised and
notified by the Appropriate Govt. (Presently Central Govt.)
b) In case the rates notified by the Central Govt. for any scheduled employment are less than
the rates notified by the State Govt., in that case the Contractor shall be required to make
the payment to the workmen at the rates notified by the State Govt.
V Security Deposit:
Initial security deposit @ 2.5% of the total contract value will have to be deposited by
you, however amount deposited as earnest money will be adjusted against initial security
deposit and balance amount may be deposited within 10 days of issue of LOI. Further
7.5% of each bill for the value of work done from time to time shall be retained by NFL as
security for faithful performance of the contract and will be refunded only after three
months of the satisfactory completion of the contract without any interest thereon.
VI EMPLOYEE STATE INSURANCE
a) Every Contractor should have his own ESI Account Code Number from the ESI
Authorities. It shall be the responsibility of the contractor to deposit the ESI contribution every
month @ 6.5% of the monthly wage bill, (Employers Contribution @ `4.75% & Employees
Contribution @ `1.75 %), under intimation to P&A Deptt.
b) It shall be responsibility of the Contractor to ensure Registration and issue of ESI cards to
the workmen engaged by him, for availing medical facilities by the beneficiaries.
c) It shall be responsibility of the Contractor to submit ESI Return to the statutory authorities
under intimation to P&A Deptt.
VII Provident Fund Number:
a) Every contractor should have his own PF Account Number and shall be responsible to
deposit the PF contribution in respect of workmen engaged by him.
b) The contractor shall indicate PF Account Number allotted to each worker engaged by
him in the monthly wage bill and will ensure its accuracy and correctness.
c) The contractor shall submit Annual Return in respect of all the workmen engaged by
them with concerned RPF authorities with copy to P&A Deptt.
d) After submission of the return the contractor shall arrange PF slips in respect of PF
Contribution, issued by the RPF Authorities and will distribute to the concerned
workers after intimation to the Executing Deptt and P&A Deptt.
e) After closure of the contract or in case of change of the employer (contractor), the
outgoing contractor and present contractor shall ensure submission of Form-13A, for
transfer of PF contribution from old account to the new account.
VIII TERMINATION OF CONTRACT IN FULL OR PART:
If the contractor fails to comply with any of the provisions, but not limited to, as specified in
clause No. 3.33 No. (i) to (xviii) of GENERAL DIRECTIONS and CONDITIONS of
CONTRACT. NFL reserves the right to adopt any or several of the following courses, as
specified in clause no.3.33 (part-B) from Sr. No. (i) to (v) of GDCC.
∙ Award parallel contract and/or
∙ Terminate the contract and/or
∙ Forfeit the security deposit and/or
∙ To get execution of contract for remaining period at Risk and Cost of contractor and/or
∙ De-list/Blacklist the contractor
Page 15 of 44
IX PERIOD OF CONTRACT
The contract shall be valid for a period of 12 months from the date given in award of work
and it can be short closed by NFL if the performance is not satisfactory or due to some other
contingency. The contract period can be extended for another three months at the same rates
and terms & conditions, on the sole discretion of NFL management.
X TOOLS / TACKLES AND OTHER ITEMS:
a. Tools and tackles, cotton waste, waste cloth, brooms, brushes, shovels required for cleaning,
washing, removal of spillages & clearance of drains will be provided by NFL and 1% of the
value of running bills shall be deducted. The Safety helmets / Safety Shoes required by labor
will be provided by the Contractor. NFL shall supply / make available following items free of
cost.
i) Hand Trolleys/Wheel barrows/Drums.
ii) Fire hoses and nipples for cleaning of clarifiers.
iii) Rubber hose pipe and water for cleaning& washing.
iv) Bleaching powder.
v) Rubber hand gloves, PVC suit, safety goggles and face shield for handling of
chemicals.
b. The contractor shall provide any other item not mentioned above but required for the
execution of the job.
Non-consumable items shall be returned after the completion of the job otherwise cost of
material plus 25% departmental charges shall be recovered.
XI PENALTY
a. In case on inspection by NFL Engineer in charge, it is observed that the contractor is
unable to do de-scaling job / remove the spillage / clean any area and has failed to deploy
labour beyond 5.00 PM for the said jobs, a penalty of Rs. 200/- per day shall be imposed
to a maximum value of 10% of total contract value. In case of continuous default, NFL
may adopt any or several courses mentioned in clause 3.33 of G.D.C.C.
RISK & COST
b. NFL reserves the right to get the incomplete job done through any other source /
contractor at contractor‟s Risk & Cost and extra cost shall be recovered from the running
bills as per GDCC.
XII DECLARATION OF TENDERERS RELATIONS WITH NFL EMPLOYEES/ EX-
EMPLOYEES Should a tenderer have a relation or in the case of a firm, one or more of its partners, a
relation or relations employed in NFL or in case of company any of its official or relations
employed in NFL or any Ex-Employee of NFL is in service of firm/company, the authority
inviting tenders shall be informed of the fact at the time of submission of the tender in the
enclosed format (Annexure-II) failing which NFL may, in its sole discretion, reject the tender
or rescind the contract.
XIII SAFETY RULES AND REGULATIONS
a. The contractor shall ensure strict adherence to all „Fire and Safety Regulations‟ of NFL,
should execute the job with due care & caution and strictly abide by all the regulations.
Contractor shall consult Safety Officer or Engineer before starting the job. He shall
familiarize himself of regulations, copies of which shall be furnished to him by NFL,
when requested. He shall be responsible for and must make good to the satisfaction of
NFL any loss or damage due to fire to any position of the work to be done under this
agreement or to any of the NFL‟s existing property.
Page 16 of 44
b. NFL Engineer will stop unsafe and unsupervised work.
c. Before start of job of cleaning in open or confined space, the contractor or his supervisor,
for themselves or for their staff, shall obtain written permission from NFL Engineer.
After shift change, the aforesaid permission shall be taken again, before doing the job.
d. The safety requirement of the contractor‟s labour shall be, the sole responsibility of the
contractor and he shall see that job is done without causing any injury to workers and all
safety precautions are observed.
e. All the accidents to contractor‟s staff, will be reported to Safety Officer promptly. This
will however, not relieve the contractor of any statutory /other obligations.
f. The contractor shall keep a record of laborers and their addresses for security point of view
at site and to safeguard against the entry of bad elements into the factory premises/plants.
The contractor should get the antecedents of the labour verified by him before employing
them.
g. It is obligatory on the part of the contractor to abide by the terms and references as
contained in the Safety Code, violation of which, will tantamount to disqualification of the
contractor for any type of work in NFL as well as the Security Deposit will also be
forfeited. Copy of the Safety Code is available with Safety Department at a cash payment
of Rs.100/-.
XIV (A) PAYMENT OF TAXES & DUTIES
1. The rates to be quoted by the tenderer should be inclusive of all the duties, taxes, levies
including VAT on works contracts, entry tax etc. but excluding Service Tax. No request for
increase/decrease or inclusion of any tax shall be entertained afterwards.
2. Deductions such as Income Tax, VAT etc at source, plus surcharge thereon at the applicable
rates of the Gross Value of the Bill shall be made from the contractor‟s monthly bills for
depositing with respective Statutory Authorities as per the provision of the respective Acts and
guidelines issued by Govt. of India.
(B) PAYMENT OF SERVICE TAX.
a) The Total contract Value is inclusive of all applicable taxes, duties, levies etc. except
Service Tax.
Under the service contracts there is no transfer of property in goods is involved, so this
is not a works contract. Similarly this is also not a contract for supply of manpower,
since overall supervision and control of the contract labour so engaged, deployed or
supplied for execution of the contract shall remain and vest with the tenderer. As such,
NFL is not liable to pay service tax as service receiver under the service tax
notification No. 30/2012-Service Tax dated 20-06.2012. Hence, liability for deposit of
100% (Full) Service Tax with Central Govt./ Service Tax Authorities shall be of the
bidder/tenderer/contractor and the same shall be reimbursed as per terms of the
contract.
b) NATURE OF CONTRACT AND APPLICABLE SERVICE TAX RATES
Nature of contract (Service/ Works/Labour supply
etc.)
Service Contract
% of value of services (Quoted amount) on which
service tax is applicable/ leviable, as per GOI
notification issued from time to time in this regard
100%
Present rate of service tax 14.5%
Service tax liability of the bidder as service provided 100%
Service tax liability of NFL as service receiver NIL
Page 17 of 44
C) EVALUATION OF BIDS
The amount of service tax as applicable as per service tax act 1994 as amended from time to
time and rules notified by central govt. shall be considered for evaluation of bids for arriving
at L-I status and award of contract.
D) “Service Tax, if applicable shall be paid by NFL as per GOI notification 30/2012-Service
Tax effective from 01.07.2012 on submission of the documentary evidence of the payment
thereof.
The tenderer must mention service tax registration/ service tax code and the accounting code
in the invoice/ receipts. Any variation in the rate shall be NFL‟s account during contractual
period only.
The tenderer shall indicate separately the portion of the taxable services (% of service
component in the quoted rates) on which service tax shall be payable by NFL & the portion of
the exempted services (% of material components in the quoted rates) representing value of
goods sold to NFL for which necessary documentary proof shall be available with the tender.
Addition/ deletion of taxes imposed by the state govt./ Central govt. after submission of
Tender documents and during contractual period shall be to NFL‟s account.
E) Contractor must submit documentary evidence of deposit of service tax immediately after its
deposit with service tax department. The documentary evidence must be submitted latest by
the date for submission of invoice / bill of subsequent month, failing which NFL can withhold
the payment of subsequent service tax due to non-compliance of service tax rules. The service
tax of the final bill shall be reimbursed on production of documentary evidence.
The liability of NFL shall be restricted to the amount of service tax only. Any interest/ penalty
etc. shall be to the contractor‟s account. Rates and guidelines shall be applicable as notified by
the Central govt. from time to time.
F) Any subsequent change in the rate of service tax shall be to NFL‟s account during contractual
period only.
G) As per Service Tax Law, the liability towards payment of Service Tax lies with the service
provider, so NFL is not responsible for non- compliance of the Service Tax Law by the
tenderer. However, in case of services notified for liability of payment of Service Tax on the
part of service receiver, the Company (NFL) shall comply with the same to the extent of his
portion of Service Tax to which NFL is liable as the service receiver.
XV INCOME TAX :
i. Deduction of Tax at source shall be made from the monthly Running Account Bills of the
Contractor as per prevailing rates from time to time under „Income Tax Act‟. The Income
Tax recovered shall be deposited in Govt. Account and a Certificate of Recovery shall be
given to the contractor as per prevailing „Income Tax Rules‟.
Page 18 of 44
ii. The contractor is liable to pay for all the Taxes in respect of the contract. The contractor
shall indemnify NFL against levy of taxes etc. in regard to this contract and in the event of
NFL being assessed for any taxes imposed and in the event of this, NFL shall have the
right to recover the total amount that is due to the contractor and the contractor shall also
be responsible for all costs or expenses that may be incurred by NFL in connection with
any proceeding or litigation in respect of the same.
XVI Quotations quoting multiple rates for any items shall be rejected.
XVII ESCALATION/DE-ESCALATION:
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 Appropriate Govt. as per clause no.4 of NIT The escalation on account of increase in the
minimum wages shall be compensated to the contractor as per the formula indicated below:
=
Billed Amount x 65/100x (Escalated minimum wages-Present Min.
wages)
Present Minimum wages
The central/state government notifies minimum wages of labour from time to time. The above
formula for escalation will be used against the minimum wages prevailing at the time of
opening of tender, which shall be assumed as base/datum for minimum wages (i.e. base
minimum wages for unskilled wages is Rs. 267.13).
Escalation/De-escalation shall be calculated on the „Minimum Wages‟ which may be
subsequently declared in the notification to be issued by appropriate Govt. However, if
change in minimum wages is notified after the validity / currency of contract, the same shall
not be considered for escalation / de-escalation.
XVII ARBITRATION CLAUSE
The contract shall be governed by and construed in accordance with the laws of India.
1. .“Except where otherwise provided in the contract all matters, question 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 matter relating to the contract or the
breach thereof or the respective rights or liabilities of the parties during or after completion of
the works or whether before or after termination, shall after written notice by either party to the
contract be referred to the arbitration of the Unit Head, National Fertilizers Ltd, Nangal Unit or
his/her nominee.The arbitration & 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 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 of
differences”. 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 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 date of award of contract.
2. Applicable where contract is awarded to Public Sector Enterprises/Government:
In the event of any dispute or difference relating to the interpretation and application of the
provisions of the contract, such dispute or difference shall be referred by either party for
Page 19 of 44
Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by
the Secretary to the Government of India In-charge of the Department of Public Enterprises.
The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this
clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided,
however, any party aggrieved by such award may make a further reference for setting aside
or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law
& Justice, Government of India. Upon such reference the dispute shall be decided by the
Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law
Secretary, whose decision shall bind the parties finally and conclusively. The parties will
share equally the cost of arbitration as intimated by the Arbitrator.”
Page 20 of 44
XIX Performa for declaration of Sole Proprietorship;-
(On stamp paper of Rs. 30/- and notary attested)
AFFIDAVIT
I, _____________________ S/o Shri ________________, resident of
_____________________________________ do hereby solemnly affirm and declare as under:-
1) That _____________(date), I the deponent has started the business under the name and
style of ___________________________ as Sole Proprietor and at present M/s
________________________________ is a Sole Proprietorship Firm.
2) That the deponent is holding documents like PAN No__, Service Tax No__, Provident
Fund No__, ESI No__, Bank Account No__ etc. in the name of Sole Proprietorship Firm.
3) That my above declarations are true and correct to the best of my knowledge and in case
of any declaration found to be incorrect in that even my bid/tender may be rejected.
DEPONENT
VERIFICATION
Verified that the above contents of my affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.
DEPONENT
Place :------------------
Dated :-----------------
Page 21 of 44
XX BANK REFERENCE LETTER/SOLVENCY CERTIFICATE
(On Bank‟s Letter Head)
Certified that M/s _______________ at _______________________ (address) is having an account
in our bank as per following particulars:-
1 Type of Account : Cash-Credit / Current / Savings
2 Bank Account No
3 Solvency limit (Rs.) Rs. _____________________
4 Since when holding Account?
5 Financial Standing & Soundness SOUND / POOR
6 Dealing & Conduct of the Party : Satisfactory / Un-satisfactory
7 Any other comments by the bank
(Signature of Bank Manager)
With Seal
Date: ____________
Place: ____________
Page 22 of 44
Annexure-II
DECLARATION FORM-I
(To be submitted in Envelope-II) Tender No.:________________________ Date: ___/___/_____
To,
DGM (__________)
National Fertilizers Ltd.
NayaNangal
Sub :_______________________________________________________( Name of the Work)
Dear Sir,
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 Contract for “____________________ ”
work at the rates quoted in the attached Schedule of Rates and in accordance with the specifications, standards
and instructions in writing to 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 all 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.
I / We agree to accept payment by ECS / EFT from your Bank i.e. SBI, Naya Nangal, Branch Code: 0689.
Details of my / our Bank A/c No. is as under:
Bank A/c No.
(In SBI / any Nationalized Bank)
Name & Address of the Bank &
Branch
Branch Code:
IFSC Code
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, Nangal Unit.
Thanking you
Yours faithfully
For M/s ____________________________
(Signature of Contractor/Tenderer with SEAL)
Address: _____________________________
Place: ___________
Date: ____________
Page 23 of 44
Annexure-III
DECLARATION FORM-II
(To be kept in Envelope No. II) The following declaration to be signed by Contractor and to be submitted along with required documents which would be
duly self- certified:
S. No DESCRIPTION
1.
If a Tenderer has relation(s) whether by
blood or otherwise with any of employee(s)
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 firm / company to be intimated along with
Documentary proof thereof.
3 PAN No. (Permanent Account Number) of the firm / company issued by
Income Tax Deptt. along with Documentary Proof thereof.
4
Service Tax Registration No. of the firm / company issued by Service Tax
authorities along with Documentary Proof thereof.
Accounting Code No.
Service Tax Code No. linked with PAN No. mentioned at Sl. No.3
5 ESI Registration No. issued by ESI Authorities along with documentary
proof thereof.
6
Bank Details: Name & Address of the Bank & Branch Bank A/c No. (In SBI / any Nationalized Bank) Branch Code: IFSC Code
7
If the firm is registered as Micro / Small / Medium Enterprises as per
MSMED Act, 2006, the same may be confirmed by the tenderer and submit
a photocopy (Self certified) of the registration certificate in support thereof.
Otherwise it will be construed that the firm is not registered as per
MSMED Act, 2006.
8
The tenderer shall submit:
a) The Name and Address of the firm / company along with its constitution
giving style / status of the same such as Individual / Proprietorship Firm
/ Partnership Firm / Public or Pvt Ltd. Firm / Company etc. along with
its copies duly attested by Notary Public as evidence.
b) Year of Establishment
c) Place of Business.
9 Valid labour license
Note: Please attach separate sheets for the details, wherever necessary.
Place: ______________ Signature of the Contractor/ Tenderer with SEAL
Dated: ______________
Page 24 of 44
ANNEXURE- IV
DECLARATION FORM-III
(To be kept in Envelope No. II)
Tender No.:________________________ Date: ___/___/_____
To,
DGM (__________)
National Fertilizers Ltd.
Naya Nangal
Sub :_______________________________________________________( Name of
the Work)
Dear Sir,
1 UNDERTAKING
a) I / We hereby confirm that Commercial Bid i.e. Price Bid is strictly as per Schedule of
Quantities (Description / Unit / Quantity of Items), Terms & Conditions and is also Un-
conditional, including rebates offered. I / We shall have no objection for rejection of
the offer if found conditional.
b) All the pages of NIT and GDCC issued to us have been signed for its validity and in
token of its acceptance by us.
c) It is confirmed that all the columns in the Price Bid, submitted in the Envelope-III, have
been duly filled.
d) I / We agree to evaluation of price bids and loading of service tax under the terms of the
NIT.
2 ACCEPTANCE OF TENDER CONDITIONS I/We have personally read the General Directions & Conditions of Contract (G.D.C.C.) and
special terms and conditions of NIT for the subject work, and I / we accept all the terms &
conditions as mentioned in the G.D.C.C & NIT without any reservation and shall abide by
the same.
3 FOR DOWNLOADING THE TENDER DOCUMENT FROM WEBSITE With reference to your NIT No. ____________________dated________ and the tender
documents displayed on your web site, we hereby submit our tender for the subject work.
Since we have not purchased the tender document from your office and the tender
documents have been down-loaded by us from NFL web site, we are hereby enclosing a
demand draft No. ___________dated ___________of ___________________ (Bank)
amounting to Rs.________ (Rupees_________________ only), in favour of National
Fertilizers Limited, payable at Naya Nangal / Nangal towards the cost of tender documents.
4 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.
Thanking you
Yours faithfully
For & on behalf of Contractor
Signature of the Contractor/ Tenderer with SEAL
Page 25 of 44
ANNEXURE-V (Sheet 1 of 2
SCHEDULE OF QUANTITY FOR THE CONTRACT
“DE-SCALING, REMOVAL OF SPILLAGE AND UPKEEPING OF
UNIT GROUP OF PLANTS FOR 2016-17”
Item
No.
Description of job Tentative
Frequency of
Cleaning
Rounds
Total
nos. of
rounds
/ year
Rate per round
Rs.
Total Value
Rs.
Min. no. of
unskilled labour
to be deployed
per round * In
Figures
In
Words
In
Figures
In
Words
1.0 NMP-I/WTP PLANTS :
1.01 Ammonia Storage Building
Cleaning.
Twice / week 104 2
1.02 Reformer, Desulphurization &
PSA Section Cleaning.
Once / Week 52 3
1.03 D.M. Plant, Cooling Tower &
Instrument air compressor
Cleaning.
Once / Week
(Dec. to May)
& Thrice /
week (June to
Nov)
104 2
1.04 T.G. Set Cleaning. Once / Week 52 2
1.05 Water Treatment Plant Cleaning Thrice / Week 156 3
1.06 Misc. Jobs in A-I Storage/NMP-
I/WTP
Twice / Week 104 4
1.07 Lub. Oil handling in Amm.-1
Storage/ NMP-1/WTP
Once/Week 52 3
1.08 Cleaning of primary clarifiers 1, 2
& 3
Once/Year
each
3 35 each
1.09 Cleaning of fine clarifier Once/Year 1 20
1.10 Cleaning of Reservoir No. 1 Once/Year 1 40
1.11 Cleaning of Reservoir No. 2 Once/Year 1 25
1.12 Cleaning of inlet and
interconnecting channels
Once/Year 1 20
Total 1.0
Page 26 of 44
Annexure-IX (Sheet 2 of 2)
1. I/We agree to the evaluation of price bids and loading of Service Tax under the terms of NIT.
Seal & Signature of tenderer
2.0 NITRIC ACID/NOX. PLANT
2.01 Cleaning of First floor
(Combustion section)
Twice/ Week 104 3
2.02 Cleaning of Ground floor
& peripheral area (
Ammonia vaporization &
Inst.air compressor)
Twice/ Week 104 3
2.03 Cleaning Condensation
Section
Four times/Week (March
to Aug) & Thrice/ Week
(Sept to Feb.)
182 3
2.04 Cleaning of NOx Plant &
Storage area
Twice/ Week 104 2
2.05 Cleaning of burner hood
(Ammonia Oxidation
Reactors – 4 nos.)
Thrice/Year 12 2
2.06 Recovery of spillage in
NOx Abatement plant
building roof.
Thrice/month 36 3
2.07 Miscellaneous jobs in
NAP/NOx/Weigh Bridge
Twice/week 104 2
2.08 Cleaning of 100 MT weigh Bridge
Once/week 52
2
Total 2.0
3.0. AMMONIUM NITRATE PLANT
3.01 Cleaning of all the floors
of Mother Liquor Section
Twice/week 104 2
3.02 Cleaning of East or West part of settling pit in Ammonium Nitrate Plant
Round Once / year
45
Sub Total (1.0+2.0+3.0) excluding service tax
Page 27 of 44
ANNEXURE-VI
GENERAL DIRECTIONS & CONDITIONS OF CONTRACT
GENERAL DEFINITIONS:
1.1 NFL shall mean National Fertilizers Limited, having their Registered Office at Scope
Complex, Core III, 7, Institutional Area, Lodhi road, New Delhi – 110003 and its Corporate
Office at Scope A-II, Sector – 24, Noida (UP), (herein after called the „Company‟) which
expression where the context so admits shall include their legal representative, successors and
assignees or legal representatives.
1.2 CHIEF GENERAL MANAGER shall mean the officer in administrative charge of the
National Fertilizers Limited, Nangal Unit, Naya Nangal (Punjab).
1.3 ENGINEER shall mean Engineer-incharge of works and shall include Addl. Manager / Dy.
Manager / Asstt. Manager and officers of the Engineering Department of National Fertilizers
Limited.
1.4 The ENGINEER’S REPRESENTATIVE shall mean the Assistant Engineer/Assistant
Project Engineer in Direct charge of the works & shall include any Junior Engineer, Engineer
Assistant or Assistant Forman or any other representative appointed by NFL.
1.5 TENDERER shall mean the person or the firm or company or any other legal entity who has
submitted the tender in response to the Tender Notice and shall include his legal
representatives, successors and assignees.
1.6 CONTRACTOR shall mean the tenderer whose tender has been accepted and shall include
his legal representatives, successors and assignees.
1.7 CONTRACT shall mean and include the work order/formal agreement/contract tender
accepted schedule of rate, Notice inviting tender, Technical specification and General
Directions and Conditions of contract, Special Condition of contract, Special specifications, if
any and tender for all these documents taken together shall be deemed to form one contract
and shall be complimentary to one and other.
1.8 WORKS shall mean the works to be executed in accordance with the contract.
1.9 SPECIFICATIONS shall mean the specifications of works issued under the authority of the
Engineer as specified, added or modified by special specifications, if any.
1.10 COMMENCEMENT OF WORK shall mean the date on which letter of intent has been
issued by NFL or any other date which shall be agreed upon mutually between the NFL and
the contractor in writing and as specified in the contract.
1.11 COMPLETION TIME shall mean the period or date specified in the tender documents of
handing over the completed works to NFL.
1.12 TERMS ALTERATION ORDER shall means order given by the Engineer to effect
additions, omissions, substitutions or alterations in the work.
Page 28 of 44
1.13 FINAL CERTIFICATE in relation to work shall mean the certificate issued by the Engineer
after completion of job.
1.14 SCHEDULE OF RATES shall mean, the tender rates of contractor in respect of which the
tender has been accepted.
1.15 SINGULAR / PLURAL words carrying singular number shall also include plural and vice
versa where the context requires.
1.16 INVITATION TO TENDER shall mean and include the present document together with
such supplement and addendum, which may be issued by thereto later.
1.17 COMPLETION CERTIFICATE shall means the certificate issue by the Engineer when the
works have been completed
1.18 WRITING shall include various manuscripts, type written or statements under the signature
or seal of National Fertilizers Limited, provided to the contractor.
1.19 BATTERY LIMIT shall mean location of area within which the plant and the equipment
shall be located.
2.0 INSTRUCTIONS TO TENDERERS
2.1 Incomplete tenders / conditional tenders / tenders without earnest money and tenders received
after the closing date are liable to be out rightly rejected.
2.2 THE NFL may consider any tender incomplete, not prepared in accordance with provisions set
forth in the „Invitation to Tender‟ and may reject the same or waive any formalities in any or
all tenders. Any tender received after the closing date is liable to be rejected without any
further consideration. The tender shall be valid for a period of four months from the closing
date.
2.3 All requests for interpretation or clarification shall be addressed in writing to the Manager
(Production), Nangal Unit. It is necessary that all such requests for interpretation shall be
received at least 10 days prior to the tender closing date. The NFL will put in its best efforts
to ensure that replies and interpretations will be communicated not later than 5 days prior to
the tender closing date. However, a failure to receive any such addendum or interpretation
shall not relieve a tenderer of any of the obligations under tender as submitted.
2.4 Each tenderer must satisfy himself of the conditions under which the services are to be
supplied, and should fully acquaint him self with all existing conditions limitations and
official regulations at the site of work. Failure to comply with the above requirement will not
relieve a tenderer of his obligation in the event of his tender being accepted. Tenderer shall
give specific reasons for rejections of such of the requirements as may not be acceptable.
Unless otherwise specifically stated in the tender, it will be assumed that the terms and
conditions specified in the „Invitation to Tender‟ is accepted by the tenderer without
reservation.
2.5 The tenderer shall quote in English both in figures as well as in words the rates and amounts
tendered by him, on the form of schedule of quantities forming part of the tender documents.
The amount for each item shall be worked out and entered and requisite totals be given for all
items. The tendered amount for the work entered in the tender shall be duly signed by the
tenderer. The signature must be long hand, executed in ink by a duly authorized principle of
the tendering company. No oral, telegraphic or telephonic tenders or modifications thereto,
will be considered
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If there are difference found between the rates given by the contractor in words or figures or
in the amount worked out by him in the schedule of quantities and the general summary, these
shall be adjusted in accordance with the following rules.
a) In case of duplicacy of any item in the schedule of quantities, the lowest quoted rate of the
contractor for such items will be operated in the contract.
b) When there is a difference between the rates in figures and words the rate, which correspond
to the amount worked out by the tenderer shall be taken as correct.
c) When the rate quoted by the tenderer in figures and words tallies but the amount worked out
is incorrect, the rate quoted by the tenderer shall be taken as correct.
d) In the event of any error occurring in the column of schedule of quantities as a result of wrong
extension of unit rate and quantity, the unit rate shall be regarded, as firm and extension shall
be amended on the basis of the rate.
e) All errors in totaling in the amount column and in carrying forward total shall be corrected.
f) The total of various sections of schedule of quantities as amended shall be carried over to the
general summary and the tendered sum amended accordingly. The tendered sum so altered
shall, for the purpose of the tender, be substituted for the sum originally tendered and
considered for acceptance. Any rounding off in the schedule of quantities or in general
summary, by the tenderer, shall be ignored
2.6 The contract shall quote single rate against each item and not multiple rates. Any tender with
multiple rates quoted will be summarily rejected.
2.7 General Manager I/C reserves the right to accept in his sole and unfettered discretion any of the
tenders or part thereof or to reject any or all of the tenders of spilt work without assigning any
reason whatsoever. He also does not bind himself to accept the lowest tender.
2.8 The tenderer shall not be entitled to claim any cost, charges expenses on incidentals for the
preparation & submission of this tender even if the management may decide to withdraw the
“Invitation to tender”.
2.9 The contractor as a token of acceptance of NIT terms & conditions shall sign all pages of NIT
& Annexures.
2.10 Tenders containing erasures & alterations of the tender document are liable to be rejected. Any
corrections made by tender(s) in his / their entries must be authenticated by him / them. The
tenderer shall authenticate all pages of the tender document.
2.11 Rates quoted shall be inclusive of all taxes, duties if any, unless specified to the contrary in the
tender documents, payments of taxes is primarily the responsibility of the contractor & will
not be payable by NFL. The rates be quoted shall be firm.
2.12 The rates quoted shall be inclusive of the values of the work described under several items
including all costs & expenses, which may be required in & for the executions of the work
described together with all taxes, general risk liabilities & obligations. The price are to be
inclusive of all labour, material, tools, equipments, hoists, tackles scaffoldings & the other
sundries etc. as necessary for the full & entire completion of the work.
2.13 The offer should be accompanied with earnest money as mentioned in the following forms: -
1. Demand draft on the state bank of India, Naya Nangal, favoring “NATIONAL
FERTILIZERS LIMITED” or Call Deposit / Banker Cheque which is encashable on
presentation at face value or Cash Receipts issued by units A/C Deptt.
2. Tender / Contract Earnest money in any other form other than that specified above shall
not be accepted & tenders not accompanying Earnest money in the prescribed forms shall
not be considered.
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3. The tenderer should submit their tenders in one sealed cover super scribing NIT no. And
its date containing three separate sealed covers. Cover marked – I should be super scribed
Earnest money deposit containing said Demand Draft for requisite earnest money in favor
of National Fertilizers Limited, Naya Nangal, Nangal Unit. Cover marked – II should be
super scribed Technical bid containing the acceptance of terms and conditions of NIT of
NFL and cover marked – III should be super scribed price bid containing rate quoted by
the tenderer.
4. If the tenderer withdraw the tender before the expiry of validity period or the tenderer
whose tender is accepted by the NFL, fails to undertake the work as per the terms of
contract, the earnest money deposited by the tenderer will be forfeited without prejudice
to other measures.
2.14 The tenderers should also submit Income Tax clearance certificate along with their
tenders.
2.15 The tenderer shall furnish the particulars as per Performa in the enclosed Annexure. If the
General Manager demand any other information regarding the contractor‟s experience &
financial capacity the tenderer must be able to produce the information within 7 days, failing
which the tender will be rejected.
2.16 The tenderer may please note that tenders are valid for four months from date of opening & if
the work order is placed during the above period the tenderer will be bound by the terms,
conditions & rates quoted by him in his tender throughout the period of execution of the
contract including extended period.
2.17 In case of any discrepancy between the description of specifications, and for other tender
documents, the decision of NFL in writing shall be final, binding & conclusive for the
purpose of this contract.
2.18 The tenderer shall quote his/their rates with reference to each item & must tender for all the
items shown in the schedule of quantities.
2.19 DECLARATION OF TENDERERS RELATIONS WITH NFL EMPLOYEES-should a
tenderer have a relation or in the case of a firm, one or more of its partners a relation
or
Relations employed in NFL or in case of company any of its official or relations
employed in NFL, the authority inviting tenders shall be informed of the fact at the
time of be submission of the tender if so, the name, designation, department and E.
No. of such employees indicated failing which NFL may in its sole discretion reject
the tender or rescind the contract.
2.20 DECLARATION OF TENDERER‟S EMPLOYMENT OF NFL EX-EMPLOYEES should a
tenderer have employed an Ex-employee of NFL in the case of a firm, one or more of its
partners are NFL ex employees or in case of company any of its official is an NFL ex
employee, the authority inviting tender shall be informed of the fact at the time of submission
of the tender. If, so the name, designation, department and employment number of such
employee/s be indicated failing which NFL may in its sole discretion reject the tender or
rescind the contract.
2.21 The tenderer will provide his Provident Fund Account No. along with the tenders as the same
is essential requirement for acceptance of tender & award of work order/contract. The
tenderer will be required to obtain Provident Fund Account No. from concerned P.F.
Commissioner Office & shall ensure the compliance of all requirements of Employees
Provident Fund & Misc. Provision Act, 1956 for contract labour.
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2.22 The award of work will be in accordance with the provision of LOI, Work order, Agreement,
NIT, special terms & conditions of the contract, instructions to tenderer, General Direction
and Conditions of contract, Contractor‟s labour & regulation along with Project Medical
scheme & contract labour (Regulation & Abolition) Act, 1970 which will form the part of the
contract.
2.23 The following documents forming the contract are to be taken as mutually explanatory of one
another:
i. Agreement
ii. Work order
iii. Letter of intent
iv. NIT
a) G.D.C.C.
b) Technical scope of Work
c) Special Terms and Conditions etc.
3.0 GENERAL CONDITIONS OF CONTRACT
3.1 VARIATION:
No variation of the clauses of this contract shall be valid unless made in writing & duly
signed by both the parties. The NFL shall not in absence of its specified written acceptance,
be bound by any provisions in the tenderer‟s offer, forms of acknowledgement of contract &
other documents, which supports to this contract.
3.2 The engineer shall have general supervision & direction of the work. He has authority to stop /
suspend the work, whenever such stoppage / suspension may be necessary to ensure proper
execution of work as per contract. He shall also have the authority to reject all work, which do
not conform to the specification and as such Engineer reserves the right to stop / suspend the
work or part thereof at any time and no claim whatsoever on this account will be entertained.
3.3 CORRESPONDENCE:
All correspondence shall be in duplicate invariably bearing reference to this contract number
& date, the contractor shall furnish the name, designation & address of his authorized
representatives and all complaint notices, communications & references to the contractor or
his representatives or posted to the address so given, shall be deemed to have been duly given.
3.4 The contractor shall have to strictly adhere to rules and regulations as laid down or may be laid
down by NFL from time to time during the contract.
3.5 The contractor shall keep competent authorized representative and necessary assistants to look
after work, during its progress. The representative shall represent the contractor in his absence
and all the directions given to him shall be binding as if given to the contractor. In no case the
authorized representative can refuse to receive the instruction.
3.6 JURISDICTION
The contract will be deemed to have been entered into at Naya Nangal and all cases of action
in relation to contract will therefore be deemed to have arisen within the jurisdiction of the
court of Anandpur Sahib only, in district Ropar (Punjab).
3.7 SUB CONTRACT:
The contractor shall not be allowed to sub-contract any portion or the total contract.
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3.8 The successful tenderer cannot change the status of his concern after submitting his tender
without prior approval of NFL in writing.
3.9 STATUTORY OBLIGATION UNDER VARIOUS ACTS
3.9 a) PROVISION FOR WORKMEN‟S COMPENSATION ACTS
In every case in which by virtue of the provisions of section – 12 subsection (1) of the
Workmen‟s Compensation Act, 1923 or any other law for the time being in force, NFL is
obliged to pay compensation to workman employed by the contractor in execution of the
works, NFL will recover from the contractor the amount of compensation so paid and without
prejudice to the rights of NFL under section 12, subsection (2) of the said Act. or any other
law for the time being in force. NFL shall be at liberty to recover such amount or any part
thereof by deducting it from the security deposit or from any sum due by NFL to the
contractor whether under this contract or otherwise NFL shall not be bound to contest any
claim made against it under section 12, subsection (1) Of the said Act or any other law for the
time being in force except on the written request of the contractor and upon giving NFL full
security for the costs which NFL might become liable to in consequence of contesting such
claim. The contractor shall be required to get necessary license from the Asstt. Labour
Commissioner (Central), Chandigarh who is the licensing authority under contract labor
(Regulation and Abolition) Act and rules, before tendering, failing to which NFL reserve the
right not to entertain the same.
3.9 b) TAXES, LABOUR LAWS, CONTRACT LABOUR (REGULATION & ABOLITION) ACT
1970 AND CONTRACTOR‟S LABOUR HEALTH REGULATION ALONGWITH
PROJECT MEDICAL SCHEME ARE APPLICABLE
The contractor agree to and does hereby accept full and exclusive liability for the payment of
any and all contributions and taxes for unemployment compensation, insurance and old age
pensions or annuities now or hereafter imposed by any Central or State Government or Local
Authority which are imposed with respects to or covered by the wages, salaries or other
compensation paid to person employed by the contractor and the contractor shall be
responsible for the compliance with all obligations and restrictions imposed by the labour law
affecting employees relationship.
3.9 c) INSURANCE
i) The contractor shall at its own expense carry and maintain insurance as per State
Insurance Act 1948 (up to date) when applicable for its employees shall indemnify and
hold harmless NFL from all liabilities what so ever on this account. NFL shall retain
such sum as may be necessary from the total contract value until the contractor shall
furnish satisfactory proof that all contributions are required by the Employees State
Insurance Act, 1948 have been paid. This will be binding on the contractor only when
the Employees State Insurance Act is extended to place of work.
ii) The contractor shall not be allowed to put his labour on work until & unless he obtains
insurance cover for all the supervisor/workers engaged by him. The contractor
immediately before start of work must submit the photocopy of insurance cover.
iii) Workmen‟s Compensation Insurance cover should be taken for all the persons
engaged by the contractor.
iv) Insurance policy should be for all the full contract period of one year.
v) Contract number should be mentioned in the Insurance Policy.
vi) Medical treatment should also be covered in the policy in addition to the Workmen
Compensation as per Act.
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vii) The contractor is required to get the Insurance Policy endorsed in favor of NFL in
terms of endorsement No.140 extending the policy for indemnity to principals.
viii) Third party insurance requirement, if any, shall be arranged by the contractor at his
own cost.
3.9 d) PAYMENT OF MINIMUM WAGES UNDER THE MINIMUM WAGES ACT 1948
It will be the responsibility of the contractor to pay the minimum wages to his employees as
fixed and revised by the appropriate Government under minimum wages Act 1948. The
payment will be made to labor by the contractor by 7th
of every month in the presence of
Engineer-in-charge. In case of delay, NFL will pay the wages to his workmen, which will be
deducted from contractors bill along with 25% of the total amount as departmental charges.
3.10 THE CONTRACTOR WILL COMPLY WITH THE FOLLOWING ACTS
Contract labour (Regulation and Abolition Act, 1970)
Minimum Wages Act 1948.
Employee‟s Provident Fund and Miscellaneous provision Act 1952.
Workmen Compensation Act 1923.
Factory Act, 1948
Payment of Wages Act 1936.
Any other act formed by State/Central Government from time to time. Or any modification or
amendment of said act.
3.11 PAYMENT OF MINIMUM WAGES:
The contractor shall maintain the wages register/ muster-roll register etc, as the case may be.
Officers of the company shall open these documents for inspection whenever required.
3.12 MEDICAL TREATMENT IN CASE OF ACCIDENT:
It will be the responsibility of the contractor to give medical treatment to the injured workmen
who has met with an accident arising out of & during the course of employment. In case the
contractor fails to give medical treatment, the company shall do so & shall recover the
expenditure on account of medical treatment from the contractor‟s bill or from dues of the
contractor, if any whether under this contract or any other contract or by any other mode.
3.13 a) The contractor will be liable to give the benefits of contributory provident fund to his
employees engaged in the execution of this contract in accordance with provision contained in
EPF Act, 1952 given to sec. of the employees who may have already become eligible to
contribute to P.F. or may thereafter become eligible to contribute to P.F on completion of
qualifying period of services as provided in EPF Act, 1952 & scheme framed there under, as
amended from time to time.
3.13 b) The contractor will be liable:
i) To recover employee‟s contributions from the periodical payments made to such
employees.
ii) To make a matching contribution as his own (Contractor‟s) equivalent to the
employee‟s contribution.
3.13 c) NFL shall have the right to withhold payment of contractor‟s bill in case the contractor fails to
deposit the contribution in separate account to be maintained by the contractor and submit a
proof of the same along with the bill, in time.
3.13 d) The contractor shall also furnish to NFL by 5th
day of each month a detailed statement in
respect of each eligible employee on this contract giving the following details.
-Name of the employees.
-Name of the father, husband as the case may be.
-Wages paid for the month.
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-Deduction made from the wages on account of employees own contribution to P.F.
The matching contribution payable by the contractor.
-The date from which employee becomes eligible to subscribe to P.F.
(This information is to be given only once when the employee become eligible to
contribute to P.F for the first time.)
-The date from which the employee ceases to be in the employment of the contractor and to
indicate the cause of the employee leaving the service or the cause for the termination
by the contractor as the case may be.
3.13 e) The statement referred to at para (a) above should accompany the remittances to be made by
the contractor by the 5th
day of each month as indicated in the para (c) above.
3.13 f) The contractor shall keep proper records of services, attendance, leave wages paid in respect
of his employees, engaged in this contract.
3.13 g) In case of non-compliance with any of the condition from (a) to (g) stated above, by the
contractor, NFL reserves the right to provisionally retain 15 % of the contractor‟s payment
towards employees & employer‟s contribution.
3.14 It will be obligatory on the part of the contractor to get all his fresh labourers, brought from
outside the State of Punjab, screened from Malaria and small Pox from our Public Health
Deptt. before they are employed. In case of failure of the contractor to do so, the contractor
can be fined to the extent that it has cost the management or the State Govt. to take preventive
measures of the epidemic. This cost would be recoverable as arrears on land revenue, from
the payment to be made to the contractor.
3.15 The following records and registers are required to be maintained by the contractor as per the
Contract Labour (Regulations & Abolition) Act, 1970: -
Register of persons employed in Form No. XIII (Rule 75)
Employment cards: Every contractor is required to issue an employment card in form No.
XIV to each worker within three days of employment of worker (Rule 76).
Muster-roll wages register, deduction register & O/T register
i) Muster roll form No. XVI
ii) Wages register form No. XVII (Rule 75)
iii) Register of deduction for damages or loss ( Form XX)
iv) Register of fines, Form (XXI)
v) Register of advances (Form XXII)
vi) Register of overtime (Form XXIII)
vii) Wage slip (Form XIX)
3.16 The contractor shall issue a monthly statement to NFL with a certificate that “Statement
furnished is true and correct and no eligible employee has been excluded from the list”.
3.17 a) CONTRACTOR TO INDEMNIFY THE NFL
The contractor shall indemnify the NFL and every officer and employee of the NFL against
all actions proceedings, claims, demands, costs and expenses whatsoever arising out of or in
connection with matters referred to in relevant clause and against all actions, proceeding
claim, demands, costs and expenses which may be made against the NFL or Government for
or in respect of, arising out of any failure by the contractor in the performance of his
obligations under the contract.
3.17 b) PAYMENT OF CLAIMS AND DEMANDS
Should the NFL have to pay any money in respect to such claims or demands the aforesaid
amount so paid and the costs incurred by the NFL shall be deducted from the contractors bill
and contractor shall not be at liberty to dispute or question the right of the NFL to make such
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payments not withstanding the same may have been made without consent or authority or in
law or otherwise to the company.
3.17c) In every case in which by virtue of the provisions of the latest Workmen‟s Compensation Act,
the NFL is obliged to pay compensation to a workman employed by the contractor in
execution of works, the NFL will recover from the contractor the amount of the compensation
so paid and without prejudice to the right of NFL under the said act. NFL shall be at liberty to
recover such amount or any part thereof deducting from the security deposit or from any sum
due by the NFL to the contractor whether under this contractor or otherwise. The NFL shall
not be bound to contest any claim made under the said act except on written request of the
contractor and upon his giving to the NFL full security for all costs for which NFL might
become liable in consequence of contesting such claim.
3.18 a) The Deptt. reserves the right to allot the work to more than one contractor.
3.18 b) It shall be lawful for the company to appropriate entire deposit or part thereof against
damages, costs, charges or expenses arising out of contractor for non-observance of the terms
and conditions of the contract from any payment due to/or becomes due to the contractor
against this contract or any other contract/contracts.
3.18 c) COMPENSATION AGAINST DAMAGE OF PLANT AND MACHINERY
Contractor will be fully responsible for the damage/loss of NFL‟s property belonging to NFL.
NFL reserves the right to claim adequate compensation from the contractor on account of any
damage caused to the plant & equipment while execution of work due to careless handling or
negligence on the part of the contractor.
3.19 a) Errors in measurements or bills to be corrected. Should any errors occur in periodical
measurement or bills, these on being discovered shall be certified in subsequent
measurements and bills
3.19 b) FINAL CERTIFICATE
Before issue of final certificate, the contractor shall submit satisfactory evidence to the
engineer that all pay rolls, bills, payment to all other connected with the work have been paid
and contractor has in all respect duly performed all the obligations under the contract.
The making and acceptance of final payment shall constitute a waiver of all the claims by the
contractor except those previously made and still unsettled.
3.20 The contract shall be binding on the contractor for an agreed period of one year. It is
extendable for further 3 months at the sole discretion of NFL & renewable on mutually agreed
basis for further period.
3.20 a) EMPLOYEES/LABOURS OF CONTRACTOR
i. No labour below the age of eighteen years shall be employed on the work.
ii.The contractor shall pay not less than fair wages to labour engaged by him on work.
iii.The contractor shall at his expenses comply with all labour laws and keep the NFL
indemnified in respect thereof.
iv.The contractor shall have to allow weekly rest as per provision of Factory Act, 1948.
3.20 b) It shall be the responsibility of the contractor to maintain and keep their labours in specified
area only. Strict action will be taken against the labour and the contractor under whom he is
working if found at other places and indulging in unlawful activities.
3.20 c) NFL NOT RESPONSIBLE FOR CONTRACTOR‟S EMPLOYEES
The contractor may employ such employees as he may think fit, and the employees so
employed shall be the employees of the contractor for all-purpose whatsoever and shall not be
deemed to be the employment of NFL for any purpose whatsoever. The contractor shall abide
by all the rules, laws and regulations that may be in force from time to time regarding
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employment or condition of services of the employees, if under any circumstances whatsoever
NFL is held liable or responsible in any manner whatsoever, for the default or omission on the
part of contractor in abiding by aforesaid rules, laws and regulations or held liable of
responsibility to the employees of the contractor in respect of any matter whatsoever, NFL
shall be reimbursed by the contractor for the same, and also any other expense or cost
incurred by NFL on any proceeding or litigations, as a result of any claim demand or act on
the part of contractor, NFL shall be entitled to claim damages or compensation from the
contractor in that event.
3.20 d) CONTRACTOR TO REMOVE UNSUITABLE EMPLOYEES
The contractor shall on instruction of the engineer immediately remove from the works any
person employed there on, who may misbehave or cause any nuisance or otherwise, in the
opinion of the engineer is not fit person to be retained on the work and such person shall not
be again employed or allowed on the work without prior written permission of Engineer.
3.21 GATE PASSES
The contractor should comply the following regarding issuance of Gate Passes by CISF.
3.21 a) The contractor shall be responsible for getting the gate passes issued duly signed by
appropriate authority for the persons working under him. In case of loss of any gate pass
Rs.50/- per gate pass shall have to be deposited before issue of duplicate gate pass. If the
contractor fails to deposit invalid gate passes, recovery @Rs.50/- per gate pass will be made
from the bills and no request for refund of the same will be entertained.
3.21 b) The contractor will not be issued new gate passes unless invalid gate passes are deposited
with CISF.
3.21 c) In case of loss/damage to gate passes, report the matter to CISF with one copy to plant in-
charge immediately.
3.21 d) To regulate the loss, a detailed report with the circumstances under which the loss has
occurred mentioning date, time, place and name of individual who has lost, with the
recommendations of contract awarding authority to be submitted with a copy of FIR lodged
with local police.
3.21 e) On completion/termination of the contract work, the final payments of his dues/security will
be given only after the receipt of clearance from CISF.
3.22 Hire charges of machinery, equipment, material etc. if allowed by NFL will be recovered
from the contractor‟s bill or otherwise at the rates fixed by the management.
3.23 ARBITRATION AND SETTLEMENT OF DISPUTES
3.23 a) All disputes or differences of any kind whatsoever arising out of or in connection with this
contract, whether during the progress of work or after the completion and whether before or
after the termination of the contract shall be referred by the contractor to NFL and NFL within
a reasonable time after presentation make and notify decision there on in writing. The
decision, directions on which is specially provided for by these conditions given and made by
the NFL or by Engineer on behalf of NFL which matters are referred to hereinafter as
accepted matters, shall be final and binding upon the contractor and shall not be set-aside or
be attempted to be set-aside on account of any informality omission delay or error in
proceeding in or about the same on any reasons shall be without any appeal.
3.23 b) WORK SHOULD NOT TO BE HELD UP
The contractor shall not stop the work in case of any dispute unless further progress of work
has been rendered impossible due to non-fulfillment of any reciprocal promise. Unilateral
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stoppage of work by the contractor shall be considered as a breach of contract and NFL
reserves the right to take such action as it may deem fit keeping its interest as paramount.
3.23 c) SETTLEMENT OF DISPUTE:
Except as stated above, in the event of any dispute(s) or difference(s) arising between the
parties hereto as to the construction, interpretation or operation of this contract or the
respective rights and liabilities of the parties, shall be, within 30 days of the arising of such
dispute(s) or difference(s), referred to the Sole Arbitration of General Manager of Nangal
Unit of the company or his nominee whose decision in the matter shall be final and binding
upon the parties. There will be no objection if the arbitrator so appointed is an employee of
NFL and that he had to deal with matter to which this agreement relates and that in the course
of his duties as such he had expressed views on all or any of the matter in dispute(s) or
difference(s). The arbitrator shall give a reasoned award if the subject matter of the arbitration
is above Rs. one lakh.
Subject as aforesaid the provisions of India‟s Arbitration and Conciliation Act and rules made
their under or statutory modification or re-enactment thereof shall apply to the arbitration
reference.
3.24 All tools and tackles and other materials required to be used by the contractor shall be
arranged by the contractor and brought in with proper gate passes and such authentic
documents with regard to the said material and the same shall be got inspected by the
Engineer-in-Charge along with the material as per security rules in force.
3.25 SAFETY RULES AND REGULATIONS
3.25 a) The contractor shall ensure strict adherence to all fire and safety regulations of NFL and
should execute the job with due care & caution and strictly abide by all the regulations.
Contractor shall consult safety officer or engineer before starting the job. He shall familiarize
himself of regulations, copies of which shall be furnished to him by NFL when requested. He
shall be responsible for and must make good to the satisfaction of NFL any loss or damage
due to fire to any position of the work to be done under this agreement or to any of the NFL‟s
existing property.
3.25 b)NFL Engineer will stop Unsafe and unsupervised work.
3.25 c) Before start of job of cleaning at open or confined space, the contractor or his supervisor, for
themselves or for their staff shall obtain written permission from NFL Engineer. After shift
change the aforesaid permission shall be taken again before doing the job.
3.25 d) The safety requirement of the contractor‟s labour shall be the sole responsibility of the
contractor and he shall see that job is done without causing any injury to workers and all
safety precautions are observed.
3.25 e) All the accidents to contractor‟s staff will be reported to safety officer promptly. This will
however, not relieve the contractor of any statutory /other obligations.
3.25 f) The contractor shall keep a record of labourers and their address for security point of view at
site and also to safeguard against the entry of bad elements into the factory premises/plants.
The contractor should get the antecedents of the labour verified by him before employing
them.
3.25 g) It is obligatory on the part of the contractor to abide by the terms and references as
contained in the Safety Code violation of which will tantamount to disqualification of the
contractor for any type of work in NFL as well as the security deposit will also be
forfeited. Copy of the Safety Code is available with safety department at a cash payment of
Rs. 100/-.
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3.26. The contractor shall be responsible to deposit the gate passes issued to him/his labourers with
the CISF as and when the job is computed and obtain a “No Objection Certificates” from
them, failing which the payment of their final bill may be with held.
3.27. The arrangement for safe keeping of tools and tackles, hammers, trolleys, cotton waste, waste
cloth and other material and personal belongings of the labour employed by the contract shall
be made by the contractor at the allotted place.
3.28. The contractor shall make his own arrangement at his own expense for supply of Safety
equipments to the skilled/unskilled labours employed by him without extra charges.
3.29. All documents relating to compliance with statutory and other provisions shall be available
with the contractor at all times at the places of work for any inspection.
3.30 Contractor shall submit proof of compliance with the statutory and other provisions before
payment of final bill and also at the time of termination of employment of his workmen.
3.31 EXTENSION OF CONTRACT
The contract can be extended further at the sole discretion of NFL.
3.32 If at any time after acceptance of the tender, NFL decides to abandon or reduce the scope of
works for any reason what so ever and hence not require the whole or any part of the works to
be carried out, the Engineer in-charge shall give notice in writing to the effect to the
contractor and the contractor shall have no claim to any payment of compensation or
otherwise what so ever, on account of any profit or advantage which he might have derived
from the execution of the works in full but which he did not drive in consequence of the
foreclosure of the whole of the works.
3.33 TERMINATION OF CONTRACT IN FULL OR PART:
A) If the contractor:
i) Fails to undertake the job after acceptance of his tender and award of work by NFL.
OR
ii) At any time makes default in proceeding with the work in full or in part with due
diligence and continues to do so after a notice in writing of 14 days from Engineer in-
charge. OR
iii) Become bankrupt or insolvent. OR
iv) Make an arrangement with or assignments in favour of his creditors, or inspection of
his creditors. OR
v) Being a company or corporation, go into liquidation (other than a voluntary liquidation
for the purposes of amalgamation or reconstruction) OR
vi) Have an execution levied on his goods or property on the works. OR
vii) Assign, transfer, sublets the contract or my part there of otherwise, than if any, as
provided in the contract. OR
viii) Unilateral stoppage of work. OR
ix) Abandon the contract. OR
x) Persistently disregard the instructions of the Engineer. OR
xi) Fail to adhere to the agreed programme of work. OR
xii) Fail to remove material from the site or to pull down and replace work after receiving
from the ---- notice to the effect that the said materials or works have been condemned
or rejected. OR
xiii) Fail to take steps to employ competent or additional staff and labour, materials as
required under relevant clause of these conditions. OR
xiv) Fail to afford the Engineer or Engineers representative proper facility for inspecting the
works or any part thereof (as required under inspection clause of these conditions) OR
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xv) If the performance is not satisfactory OR
xvi) Contravenes any provision of contract.
xvii) Shall obtain a contract with NFL as a result offering tendering or other non-bonafide
methods of competitive tendering. OR
xviii) If the contractor is an individual or a proprietary concern and the individual or the
proprietor dies and if the contractor is a partnership concern and one of the partners
dies, then unless the accepting authority is satisfied that the legal representatives of the
individual contractor or of the proprietor of the proprietary concern and in the case of
partnership the surviving partners, are capable of carrying out and completing the
contract, the accepting authority shall be entitled to cancel the contract as to its
incomplete part without NFL being in any way liable to payment of any compensation
to the estate of the deceased contractor and/or the surviving partners of the contractor
firm on account of cancellation of the contract. The decision of the accepting
authority that the legal representative as the deceased contractor of the surviving
partners of the contractor firm cannot carry out and complete the contract shall be final
and binding on the parties. In the event of such cancellation, NFL shall not hold the
estate of the deceased contractor and/or the surviving partners of the contractor liable
to damage for not completing the contract.
B) Without prejudice to any other remedy, NFL reserves its rights to adopt any or several of
the following courses.
i) Award parallel contract and/or
ii) Terminate the contract and/or
iii) Forfeit the security deposit and/or
iv) To get the execution of contract for the remaining period at the risk and cost of the
contractor and/or
v) Delist / blacklist the contractor.
4.0 NFL’S OBLIGATIONS 4.1 NFL will supply the relevant necessary drawings & other technical specifications wherever
required.
4.2 NFL will provide free of cost, at its discretion & for the duration of execution of work land for
construction of temporary hut for labour & contractor‟s field officer required for execution of
contract near the site of work in the factory premises.
4.3 NFL will provide electricity for lighting at site on 400 / 440 V & 220 / 220 V 3 phase 50 cps.
Supply, chargeable at the rates applicable from time to time.
5.0 CONTRACTOR’S OBLIGATIONS:
5.1 The heading in these general conditions are solely for the purpose of facilitating reference and
shall not be deemed to be part thereof or be taken into consideration in the interpretation or
consideration in the construction thereof of the contract. The law shall govern this contract
for time being in force in Republic of India.
5.2 Execution of Contract;
5.2.1 Contract shall be executed on Non-Judicial Stamp of adequate value, as per prevailing
rates in the concerned state.
5.2.2 Contract shall be duly signed and notarized on date of signing/ execution, by both the
parties.
5.2.3 All relevant documents should be mentioned as part of contract in the works contract
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5.3 The contractor will accomplish the work as detailed in the scope of work within the schedule
of completion.
5.4 All the contractor‟s material will be shown at the factory main gate by the contractor and a
certified copy of the material passed on the factory premises will be submitted to the engineer
by the contractor within one week‟s time. The store of contractor, if any, can be checked by
the engineer or his authorized representative for any unauthorized material not passed from
the factory main gate.
5.5 CONTRACTOR TO COMPLY WITH ALL LAWS:
The contractor shall be responsible to secure compliance with all the State and Central 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. The contractor must have valid license up to
date under the contract labour (Regulation & Abolition) Act, 1970 and for engaging labour
from Labour Department.
5.6 The contractor and the persons employed on work should have full knowledge of the “Official
Secret Act” and regulations framed there under. Any information obtained during execution
of job which would or might be directly or indirectly be of any use to any enemy of India
must be treated as secret and shall not be at any time be communicated to any person.
5.7 The contractor shall return all the documents supplied to him after completion of job.
5.8 The contractor shall make his own arrangement for accommodation of his employees/labours
as well as their transport. NFL will not permit construction of residential hut meant for
contractor‟s labour within the factory boundary wall.
5.9 a) EMPLOYMENT CARDS
Every contractor is required to issue prescribed employment card within three days of the
employment of the worker.
5.9 b) The contractor shall have to maintain the Wages Register, Deduction Register and Overtime
Register etc. as per provision of minimum Wages Act and rules framed their under such Wage
Register and other documents shall always be open for inspection by officers of the company
whenever required.
5.9 c) The contractor shall maintain a muster roll in prescribed Performa and shall obtain
signatures/thumb impression of the workers in token of their having received the payment.
5.10 He above facts shall be verified by the Engineer-in-charge.
5.11 The contractor shall be required to keep an order book at site of work. Engineer or his
authorized representative shall record any special order and instruction to be issued to the
contractor in this book. Each page of this book shall be numbered and initialed by the
Engineer or his representative. This book shall be the property of NFL but its safe custody
shall be the responsibility of the contractor.
5.12 The successful tenderer shall extend all reasonable facilities and co-operation to various other
agencies and contractors for services not included in the contract who may be working at site
simultaneously, so that the entire work can proceed smoothly.
5.13 The contractor shall have to place enough resources for all the jobs referred here in before/here
in after under technical scope of work.
5.14 The contractor shall at his own expense comply with or caused to be complied with Model
Rules for Labour welfare applicable from time to time including for the protection of health
and for making sanitary arrangement for workers employed directly or indirectly on the
works. In case the contractor fails to make arrangements as aforesaid, the Engineer-in-charge
shall be entitled to do so and recover the cost therefore from the contractor.
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6.0 COMMERCIAL TERMS AND PAYMENTS:
6.1 PRICES:
The quoted prices shall be treated firm.
6.1 EARNEST MONEY: Sr. Description EMD Amount
No. *(In Rs.)
A Works up to Rs. 1.00 Lakh 1000/-
B Works exceeding Rs.1.00 Lakh but up to Rs. 2.00 Lakhs 2000/-
C Works exceeding Rs.2.00 Lakhs but up to Rs. 5.00 Lakhs 5000/-
D Works exceeding Rs.5.00 Lakhs but up to Rs. 10.00 Lakhs 10,000/-
E Works exceeding Rs.10.00 Lakhs but up to Rs. 25.00 Lakhs 25,000/-
F Works exceeding Rs.25.00 Lakhs but up to to Rs. 50.00 Lakhs 50,000/-
G Works exceeding Rs.50.00 Lakhs & above 1,00,000/-
6.2 SECURITY DEPOSIT:
6.3a Within two weeks of the issue of work order initial security deposit @ 2.5 % of the total
contract value will have to be deposited by contractor, and earnest money will be adjusted
against initial security deposit and balance amount may be deposited within 15 days. Further
7.5 % of each bill for the value of work done from time to time shall be retained by NFL as
security for faithful performance of the contract and will be refunded only after three months
of the satisfactory completion of the contract without any interest thereon. No interest shall be
payable on the security deposit and earnest money lying with the NFL.
6.3b Security deposit will be refunded to the contractor after expiry of three months from the date
of successful completion of work as per terms and conditions of NIT.
6.4 INCOME TAX:
Deduction of Tax at source shall be made from the Running Account Bills of the Contractor
as per prevailing rates from time to time under Income Tax Act. The income tax recovered
shall be deposited in Govt. Account and a Certificate of recovery shall be given to the
contractor as per Income Tax Rules.
6.5 WORKS TAX AND OTHER TAXES:
The Works Tax shall be deducted as per Punjab General Sales Tax Act (Amendment), 1997.
6.6 PAYMENT OF TAXES & DUTIES:-
The rates quoted by the party should be inclusive of all taxes including service tax, if any. No
request for any increase or decrease or any additional taxes shall be entertained afterwards.
6.7 The contractor is liable to pay for all the taxes in respect of the contract. The contractor shall
indemnify NFL against levy of taxes etc. in regard to this contract and in the event of NFL
being assessed for any taxes imposed and in the event of this NFL shall have the right to
recover the total amount that is due to the contractor and the contractor shall also be
responsible for all costs or expenses that may be incurred by NFL in connection with any
proceeding or litigation in respect of the same.
6.8 COMPLIANCE OF STATUTORY ACT:
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In case of non-compliance with any of the conditions or provision contained in EPF Act 1952,
The Minimum Wages Act 1948 and Contract Labour (Regulations & Abolition) Act 1970 as
amended from time to time and other Acts made there under, NFL reserves the right to
provisionally retain, with hold the payment towards employees and employers contributions
group linked insurance inspection charges etc.
6.9 SUBMISSION OF BILL:
Bill in duplicate will be normally submitted on the prescribed format to the Sectional in-
charge. The Engineer will check the bill, verify and forward the same to the Chief Manager
(Production) and thereafter to Chief Manager (F&A), NFL, Naya Nangal for making
payment.
6.10 PAYMENT OF BILL:
The contractor shall submit his monthly bill within 1st week of the following month to the
executing department for verification and recommendation. Incase the contractor fails to
submit the bill by the last day of the following month, a penalty of 1% of the billed amount or
for every month of delay or part thereof subject to a minimum of Rs.1000/- shall be recovered
from the bill. After submission of bill the payment shall be released within 30 days from the
date of receipts of bill, if, otherwise in order. Final bill shall be released within 90 days from
the date of submission of complete bill to the Engineer in -charge.
6.11 The entire bank charges in connection with payment, guarantees and insurance etc. if any will
be on contractor‟s account.
6.12 As per CVC instructions, NFL is required to make payments of all the suppliers/vendors
through Electronic Clearing System, i.e. e-payments & e-receipts. NFL, Nangal unit is having
its Cash Credit Accounts with State Bank of India, Naya Nangal, who is having Electronic
Fund Transfer Facility in its branch at Naya Nangal and some other important branches. The
contractors/suppliers, who are having their bank account with SBI, may check up with the
concerned branch, where they are maintaining bank account, as to whether they are having
EFT facility, if so, they may submit the bank particulars i.e. Bank Account Number, Name of
Place of Branch, Branch Code Number, so that, their payment could be released through
transfer of funds to their Account.
6.13 OVER PAYMENT & UNDER PAYMENT:
Whenever any claim for the payment of a sum of money to NFL arises out of or under the
contract against the contractor, the same may be deducted by NFL from any sum then due or
which at any time thereafter may become due to the contractor under this contract and failing
that under any other contract with NFL or from any other sum due to the contractor from NFL
which may be available with NFL or his security deposit or he shall pay the claim on demand.
6.14 FORCE MAJEURE/EXTENSION OF TIME:
Neither contractor nor NFL shall be considered in default in performance of its obligations
herein incorporated if such performance is prevented or delayed because of war, hostilities,
revolutions, civil commotion, strike, epidemic, accident, fire, cyclone, flood, earthquake or
because of any act of God or for any cause beyond the reasonable control of the party affected
except monsoons & traffic. Applications for extension of time under force majure or reason
beyond contractor‟s control, extension will be made in writing to the Engineer within fourteen
days of hindrance. In such cases decision of NFL will be final & binding upon the contractor.
In case force majure lasting continuously for a period of six months, the two parties should
consult each other regarding the future execution of the contract.
6.15 DOCUMENTS FOR JOB CONTRACTS:
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For job contracts the contractor will maintain a muster-roll wage register in the prescribed
Performa & will obtain signature/thumb impression of the workers in taken of their having
received the payment. Either a duplicate copy of muster roll bearing the signature/thumb
impression of workers or Photostat copy of the relevant extract from wage register duly
attested by the contractor along with the bill to the deptt. Concerned for onwards transmission
to the accounts deptt. & then only payment to the contractor shall be made. On every running
bill/final bill you shall give a certificate to the effect that the payment to the labour engaged
by you has been made before submitting the bill to the department.
6.16 The Engineer-in-charge shall on report have been made by an inspecting officers as defined
in contract labour regulation have the power to deduct from the money due to the contract any
sum required or estimated to be required for making good the loss suffered by a worker or
workers by reason of non-fulfillment of condition of the contract for the benefit of workers,
non-payment of wages or of deduction made from his or their wages which are not justified
by the terms of the contract or non-observance of the said contractor‟s labour regulations.
6.17 The contractor shall all times keep NFL indemnified against all claims, damage or
compensation under the provision of the payment of wages Act, 1936, Minimum Wages Act,
1948, Employer‟s Liability Act, 1938, the workman Compensation Act, 1923, Industrial
dispute Act & the contract labour (Regulation & Abolition Act 1970), Employment of child
labour Act, 1947/1983 or any other Act regulating the Employment of labour by the
contractor or any modification thereof or any other law relating there to & rules made there
under from time to time or as a consequence of any accidents of injuries to any workmen
other person in or about the works, whether in the employment of the contractor or not, save
except where such accident or injury has resulted from any act of NFL, his agents or servants
&also against all costs, charges & expenses of any suit, action or proceedings arising out of
such accidents or injury & against all claims. Without limiting his obligation & liabilities
above provided, the contractor shall ensure against all claims, damages or compensation
payable under the workman‟s Compensation Act, 1923 or any modification thereof or any
relating there to.
6.18 NFL may hold the payment to such an extent as may be necessary to protect itself from loss
on account of
a) Incomplete or defective works are not rectified.
b) Failure of the contractor to make payments to his employees.
c) Damage to another contractor, of NFL property.
d) Claim filed or reasonable evidence indicating probable filing of claims.
e) For other reasons mentioned elsewhere in the NIT.
6.19 No periodical certificate or payments made to the contractor shall held to signify the approval
of the works, materials or admission of the due performance of work or other things to which
such certificates relate and the contractor shall not be relieved by any such certificate from
any risk or liabilities, to which he may be subjected under the contract until the final
certificate has been granted to the contractor.
6.20 LABOUR LICENCE:
For job contracts the contractor should obtain a valid license for contract labour from Asstt.
Labor commissioner (Central) and shall keep it valid within the contract period.
6.21 PENALTY:
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In the event of contractor‟s failure to complete the job satisfactorily within the scheduled
time, penalty shall be imposed as per the penalty clause of Special Terms and Conditions,
subjected to maximum of 10% of the total value of contract.
6.22 INCENTIVE:
In case of completion of the job well within the stipulated time, incentive shall be paid to the
contractor if applicable as per various clauses of “Special terms & conditions” of the NIT.