(PRODUCTION DEPARTMENT) FOR - National … · General Directions & Conditions of Contractor ......

of 44

(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

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.

of 44

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)

http://www.nationalfertilizers.com/

of 44

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

of 44

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

of 44

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)

of 44

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.

of 44

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.

of 44

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.

of 44

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

of 44

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.

of 44

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.

of 44

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.

of 44

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

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.

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

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‟.

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

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.”

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 :-----------------

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: ____________

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: ____________

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: ______________

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

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

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

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.

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

of 44

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.

of 44

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.

of 44

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.

of 44

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.

of 44

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.

of 44

-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

of 44

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

of 44

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

of 44

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/-.

of 44

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

of 44

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

of 44

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.

of 44

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:

of 44

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:

of 44

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:

of 44

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.

(PRODUCTION DEPARTMENT) FOR - National … · General Directions & Conditions of Contractor ......

Documents

Transcript of (PRODUCTION DEPARTMENT) FOR - National … · General Directions & Conditions of Contractor ......