Ref.No.- NFVP/Prod/CP&O/NIT-Chem/2016-17 Dated: 22.09.2015 ...

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Ref.No.- NFVP/Prod/CP&O/NIT-Chem/2016-17 Dated: 22.09.2015

TO,

------------------------

-----------------------

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Sub: NIT FOR CONTRACT FOR CHEMICAL HANDLING AND SLUDGE REMOVAL 2016-17

Dear Sirs,

Sealed tenders are invited for the work as detailed below:

1. Name of Work: Assistance in Chemical handling, Safety , Pollution control measures, lubrication,

up keeping and removal of sludge from different lagoons / pits in CP&O group of plants for the

year 2016-17.

2. Earnest Money: Rs 50000/-( Rupees Fifty Thousand only )

3. Tender Fee: Rs 750/- ( Rs. Seven Hundred and Fifty only)

4. Estimated Value of the work : Approximately Rs Rs.39,48,995. ( Rs.Thirty Nine Lacs Forty

eight Thousand and nine Hundred ninty five )

5. Time of Completion: One year (From 01/02/2016 to 31/01/2017)

6. Last date of issue of Tenders: 26.10.2015 (10.00 hrs)

7. Last date and time of Receipt of Tenders: 26.10.2015 (15.30 hrs)

8. The date and time of Opening of Tenders: 26.10.2015 ( 16.00hrs)

9. Place of receipt and Opening of Tenders: Office of DGM (P), NFL Vijaipur, Guna, M.P. All

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

writing to Issuing Authority at least 7 (SEVEN) days prior to the closing date of the tender.

10. The Tender shall be submitted duly superscribed (Name of the work:- Assistance in Chemical

handling, Safety , Pollution control measures, lubrication, up keeping and removal of sludge

from different lagoons / pits in CP&O group of plants for the year 2016-17).

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

quoted in words and figures in attachment-C .The rates quoted shall remain valid for 120 days

from date of opening of tenders for the acceptance.

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

reason whatsoever and also does not bind to accept the lowest tender.

13. 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. 50,000/- and Rs. 750/- as Tender Fees in the form of a crossed demand draft

(separate for both amount) issued by any scheduled bank except rural and cooperative bank in favor

of National Fertilizers Limited, Vijaipur, payable at SBI Baverikheda.

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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 which are at variance from the terms and

conditions of the tender documents issued by NFL and the documents as per Para 16 & 18.

(DECLARATION FORM to be enclosed in this envelop)

Envelope 3:

Will be superscribed “PB” (Price Bid) and shall contain the rates and amount quoted in the

prescribed schedule of rates.

14. All the three sealed envelopes shall be submitted in a separate sealed envelope super scribed”(Name

of the job- Assistance in Chemical handling, Safety , Pollution control measures, lubrication, up

keeping and removal of sludge from different lagoons / pits in CP&O group of plants for the year

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.

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. The parties‟ offer will be considered as per laid down pre-qualification criteria‟:

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

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

organization 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.

a) Declaration Forms I & II

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

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

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

in the tender.

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

tender for the job.

c) Other details as per annex-III Performa 1,2,3,4,5 and forms I, II, III :

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

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

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).

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 side letter shall form part of the contract document and shall be signed and returned along

with the tender documents.

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

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

on behalf of the tenderer before submission of tender. All corrections and alterations in the

entries of tender paper will be signed in full by the tenderer with date. No eraser or overwriting is

permissible.

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

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

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

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

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

was not signed by the authorized person.

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

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

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

negotiation.

23 The Tender shall be addressed to Dy.General Manager (Production), NFL Vijaipur, Distt-Guna,

M.P.-473111.

Thanking you, Yours Sincerely,

for National Fertilizers Limited

(R.Thapar)

Dy. General Manager (P)

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Annexure-I

DECLARARTION-FORM-I

Ref. No; Dated : ___________

To,

DGM(Production)

National Fertilizers Ltd.

Vijaipur Unit, Guna (M.P.)

Sub; Assistance in Chemical handling, Safety , Pollution control measures, lubrication, up keeping and

removal of sludge from different lagoons / pits in CP&O group of plants for the year 2016-17.

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 “

Assistance in Chemical handling, Safety , Pollution control measures, lubrication, up keeping and

removal of sludge from different lagoons / pits in CP&O group of plants for the year 2016-17”. work

at the rates quoted in the attached Schedule of Rates and in accordance with the specifications,

standards and instructions in writing of the Engineer-in-charge of M/s. National Fertilizers Limited,

Vijaipur and hereby bind myself/ourselves to complete the work schedule and progress of work.

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

In case of acceptance of the tender by National Fertilizers Limited, I/We bound 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, Vaijaipur.

Thanking you

Yours faithfully

For M/s ____________________________

(Signature of Contractor/ Tenderer with SEAL)

Address : _____________________________

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Annexure-II

DECLARATION FORM-II

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

Sr. No.

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

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

Name and Designation of the Employee

Place of Posting Relation with the Employee

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

P.F. Registration Number

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

PAN No

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

…………………… …………………… ……………………

5 If the party is registered as Micro/Small/Medium Enterprises as per

MSMED Act,2006, the same may be confirmed by the party and

submit a photocopy (Self certified) of the registration certificate in

support thereof. Otherwise it will be construed that the party is not

registered as per MSMED Act, 2006.

6 The bidder shall submit the name and address of the firm/company

along with its constitution giving status of the same such as sole

proprietorship/partnership or limited/private firm etc. Along with its

copies duly attested by Notary Public as evidence.

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

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Annex-III

1.1 Eligibility Criteria Financial Sound bidders having experience of similar nature of work fulfilling following conditions can apply: i) Average Annual financial turnover during the last 3 years ending 31st March of the

previous financial year, viz. For 2014-15, 2013-14, 2012-13, should be at Rs. 11.85 lakh (Rupees Eleven Lakh eighty five lakhs Only).

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

a. Three similar completed works costing not less than the amount equal to Rs 15.80 lakh each

or

b. Two similar completed works costing not less than the amount equal to Rs. 19.74 lakh each

or

c. One similar completed work costing not less than the amount equal to Rs. 31.60 lakh.

III) Similar work means works involving mainly Assistance in Lubrication of Machinery, Safety & Pollution Control measures, handling of petrochemical, chemicals and other misc. activities like up-keeping of plant premises & machineries etc. in any fertilizer plant, refinery, petrochemical and other chemical industries. The bidders must submit their experience certificates, proofs for evaluation.

iii) Solvency Certificate issued by any Nationalized Bank issued not earlier than six months from the date of Bid submission date.

1.2 Evaluation Criteria i. The technical bid of only such tenderer shall be opened who has deposited the EMD and

Tender fee as prescribed in the tender document.

ii. Technical bids shall be evaluated as per the eligibility criteria and the requisite

documents being found in order. Price bid of only eligible tender will be opened on later

date. The date and time of price bid opening shall be intimated later on.

iii. The contract shall be awarded on overall L-I basis. However in case it is found the L-I

tenderer has quoted non-workable rates for one or more items due to which it becomes

L-I, NFL reserves the right to reject such tender. This condition shall be applicable for

next lower tenderer(s) also.

iv. If the tenderer does not quote rate for any item(s), it may be noted the evaluation shall

be based on the highest rate quoted by the other tenderers for that particular item.

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INFORMATION REGARDING TENDERER

PROFORMA NO. -1

A) In case of individual

i) Name of Business

ii) Whether his Business is registered

iii) Date of commencement of business

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

B) In case of Partnership

i) Name of Partnership

ii) Whether the Partnership is registered

iii) Date of establishment of firm

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

of them pays the same

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

i) Amount of paid up capital

ii) Name of Directors

iii) Date of Registration of Company

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

D) Income Tax

i) Income Tax Clearance Certificate for previous years.

SIGNATURE OF TENDERER)

Name ________________________________

Dated ________________

Place ________________

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DETAIL OF EXPERIENCE

PROFORMA NO. - 2

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

Sr.

No

.

Full particulars of similar

work carried out by

Tenderer

Value of

Contract

Contracted

Completion

time

Actual

completion

time

Year of

completion

Name & Postal

Address of Client

Certified that the above information is correct.

(SIGNATURE OF TENDERER)

Name________________________________

Date _________________

Place _________________

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PRESENT COMMITMENTS PROFORMA NO. - 3

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

Sr

.

N

o.

Name of work Name & address

of Client with the

name of person

under whom the

work is being

executed

Contract

Value

Brief description

of work

Contracte

d date of

completio

n with the

date of

start of

work

% age

complet

ed as on

date

Expected

date of

completi

on of

balance

work

with

approx.

value of

such

balance

work



Name ________________________________

Date _________________

Place _________________

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INFORMATION REGARDING EQUIPMENT

WHICH THE TENDERER PROPOSES TO USE FOR THIS WORK

PROFORMA NO. - 4

Sr.

No

Description Quantity Make Capacity Owner Approx., date

when it will

be deployed

at site

Period of

attention

at site



Name ________________________________

Date ________________

Place ________________

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PROFORMA NO. – 5

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

S.No Description Financial

Year

Annual Turnover (Details of the documents to

be submitted)

1 Average Annual Financial turnover during

last three years ending 31st

March of the

previous financial year.

2012-13

2013-14

2014-15

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Experience of having successfully completed similar works during last seven years ending the day of

month previous to the one in which applications are invited should be either of the following:-

a. Three similar completed work costing

each not less than the amount equal to

40% of the estimated cost

(Please attach copies of the work orders

along with the Performance / Completion

Certificate)

1 Work Order Ref. No.

Name of Company

Contract Value

Contract Period

2 Work Order Ref. No

Name of Company

Contract Value

Contract Period

3 Work Order Ref. No.

Name of Company

Contract Value

Contract Period

OR

b. . Two similar completed work costing





Certificate))


Name of Company

Contract Value

Contract Period

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Name of Company

Contract Value

Contract Period

OR

c. One similar completed work costing





Certificate))

1. Work Order Ref. No

Name of Company

Contract Value

Contract Period

NOTE:

1. Similar work means works involving mainly Assistance in Lubrication of Machinery, Safety & Pollution Control

activities, handling of chemicals and petro-chemicals and other misc. activities like up-keeping of plant premises

& machineries etc. in any fertilizer plant, refinery, petrochemical and other chemical industries.

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

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

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

enclosed.

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

should be interpolated for 1 year.

Signature of the Party/ Contractor with seal

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FORM-1

The offer against the subject job shall be submitted by the Contractors/Firms/Companies along with the following

information /documents complete in all aspects:-

1 Name of Applicant/Firm/Company i)Nationality ii) Full Address

2 Company Profile

A Whether i) Private Limited Company ii) Un-divided Hindu

Family/Individual iii) Partnership Firm (Please attach certified copy of

partnership deeds/articles of association and memorandum of association

and power of attorney who is signing documents on behalf of

applicant/firm/company).

B Year of Establishment

C Name of Bankers and their full address. (Solvency Certificate to be

submitted )

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

separate sheet)

E Details of Staff Working with the Firm (attach separate sheets)

F Place of Business.

3 Provident Fund Code No. (duly certified copy to be enclosed)

4 Sales Tax/CST Registration No. (duly certified copy to be enclosed)

5 Details of Labour Licence (duly certified copy to be enclosed.)

6 Income Tax Permanent Account Number (PAN) (duly certified copy to be

enclosed.)

7 Service Tax Registration Number (duly certified copy to be enclosed)

8 Annual Turnover during the last three financial years (Certified copy of

P&L Account and Balance Sheet etc. to be enclosed.).

9 List of works executed (Details to be provided as per attached Performa-

2)

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Has the applicant or any of his partner or shareholders been black listed or

delisted or put on holiday list from the approved list of contractors or

demoted to lower class or Order passed, banning/suspending business with

the Applicant etc. by any Deptt, in the past? If Yes, please give the details.

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A list of those persons who are working with the Applicant in any capacity

and who are near relatives to any of the employees of the Owner (NFL) or in

the Ministry/Department should be submitted (Names are to be intimated if

employment given to such persons at later date).

12 Declaration by Contractors:

All the information filled herein and attached hereto are true to the best of

my knowledge and belief. It is further certified that I/We will not get

myself/ourselves registered under more than one name.

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

Signature of authorized person of the Firm/Company with seal

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Form-II

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

S.No. Description Details of the Number

1 PF registration No / ESI registration No.

2 PAN (Income Tax Permanent Account No.)

3 a) Service Tax Registration No.

b) Accounting Code No.

c) S.T. Code No.

4 Labour License No. (In general)

Labour License No. (Madhya Pradesh)

5 Year in which the party was established

Signature of the Contractor with Seal

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Form -III

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

S.No. Description Status Remarks

1 Certified copy of last 3 year’s Profit

&Loss account

Yes/No.

2 Employer of the party is whether related

with any NFL employee or not. If yes,

give the details.

Yes/No.

3 Bank reference/Bank solvency certificate

Yes/No.

4 Is the party enlisted / prequalified with

any other Govt. Deptt./Public Ltd.

Company? If yes, give the details with the

documentary evidence.

Yes/No.

5 Financial capability of the party with

balance sheet (latest balance sheets to be

attached)

6 Status of the party (whether Pvt. /

partnership / Public Ltd., partnerships

deed/article of association.)

Signature of the party/Contractor with seal

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Annexure-IV

NATIONAL FERTILIZERS LIMITED

DEFINITIONS OF TERMS

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

expression will have the meanings assigned to them respectively:

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

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

Delhi-110003.

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

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

operation of this contract.

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

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

substituted works as required for purpose of the contract.

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

nature for the use in or for the execution, completion operation or maintenance of the

work unless intended to form part of permanent work.

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

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

constructed.

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

the Tender, General Conditions of Contract, Special Conditions of Contract,

Specifications, Drawings, Time Schedule Tender Form, Performa or Agreement Form

Schedule of Rates, and Addendum/Addenda to Tender Documents.

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

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

personal representatives, successors and permitted assigns of such person, persons firm

or company.

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

execution of the works including therein all contract documents.

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

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

Indian Standard Specifications published before entering into contract.

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

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

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

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

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

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

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

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

in-charge when the works have been completed to his satisfaction.

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

Owner after the period of liability is over.

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

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

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

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

ORDER, which ever is earlier.

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

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

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Annexure-V NATIONAL FERTILIZERS LIMITED

GENERAL TERMS & CONDITIONS

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

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

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

should take this aspect into consideration for formulating his rates and quotation. No extra

claim/overtime will be paid on this account.

1.2.0 Electricity, Water and Service Air will be provided free of cost at one point as per requirement

of the job. All lifting tools & tackles are to be got tested under the Competent Person engaged

by State Government from time to time and the certificates duly verified by Competent

Authority are to be submitted to the Department before taking up the job.

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

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

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

Note: Units may specify type of accommodation available and its rental charges in the NIT

while issuing the same.

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

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

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

satisfaction of the Engineer-in-charge.

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

(NFL).

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

rates, at the time of release of payment to the party.

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

including VAT on works contracts, entry tax etc. but excluding Service Tax. Deductions of VAT

at source plus surcharge thereon at the applicable rates of the Gross Value of the Bill shall be

made from the Contractor‟s bill for depositing with the VAT Authorities as per the provision of

the respective states VAT. Act.

b) “Service Tax, if applicable for the work under the awarded Contract, shall be paid by

NFL. based on the claim of Service Tax in the bill prepared as per requirement under the

service tax rules, 1994. The contractor is to provide documentary evidence for registration

under service tax rules, 1994 for the said contractual work/services. Liability of NFL shall be

restricted to the amount of service tax only. Any interest / penalty etc. shall be to the

contractor‟s account. The contractor must submit the documentary evidence for deposit of

service tax immediately after deposit. NFL can withhold the payment due to non compliance of

service tax rules. Rules and Guidelines shall be applicable as modified by the Central Govt. of

India time to time.

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

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

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

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

F.O.R. ……. (Place of the unit). and are inclusive of all taxes. No VAT will be paid as extra.

However where the contract is labour oriented, the escalation clause may be mentioned in the

tender document.

1.8.0 The Tenderer should make a deposit of Rs. 50,000/- as Earnest Money and Rs.750/- as

Tender Fees by an A/C Payees Demand Draft, drawn on any Scheduled Bank except Rural or

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

Baverikhera. The Earnest Money and Tender Fees shall not be accepted in any other form

except specified. Earnest Money and Tender Fees should accompany the Tender in separate

Envelope without which tender will not be opened and it will be considered as rejected.

1.9.0 The following tenders will be liable to summary rejection:

a) Tenders submitted by Tenderer who resort to canvassing.

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

are incomplete, in any respect.

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

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

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

e) If otherwise liable to be rejected in the opinion of NFL or found to be against public policy or interest

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

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

submission of tender failing which NFL shall reserve the right to reject the tender or rescind the

Contract.

1.11.0 Wages shall be paid by the Contractor to the workman directly through a/c cheque, bank

account, without the intervention of any Jamadars or Thekedars and contractor shall ensure

that no amount by way of commission or otherwise is deducted or recovered by Jamadars from

the wages of workman.

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

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

deemed to be in the employment of NFL for any purpose whatsoever. The contractor shall

abide by all rules, laws and regulations that may be in force from time to time regarding the

employment or conditions of service of the employees. If under any circumstances whatsoever,

NFL is held responsible in any manner whatsoever for the default or omission on the part of the

Contractor in abiding by the aforesaid rules, regulations and laws or held liable or responsible

to the employees of the contractor in respect of any matter whatsoever and called upon to

make payments on that account, NFL shall be reimbursed by the contractor for the same as

also any other expenses costs and charges incurred by NFL in any proceeding or litigation

arising out of any claim, demand or act on the part of the employees of the contractor, NFL

shall be entitled to claim, demand or compensation from the contractor in that event. NFL

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shall also be entitled to recover the aforesaid amount from the Contractor that may become

due and payable to Contractor.

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

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

has obtained all the clarifications required No claim on ground for want of knowledge in any

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

otherwise will be allowed.

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

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

company.

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

material, including packing materials and empty cases free of cost from work site to the place

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

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

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

work shall be final.

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

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

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

1.18.0 QUANTUM OF JOB:

Estimated value of work has been given on the basis of job executed during the last year. NFL

will not give any guarantee for minimum billing, minimum quantum of work during the year.

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

respect, will be, to the Contractor‟s account. The company may also terminate the contract

after giving a three-day‟s notice, if in its opinion; the work under the contract is not being done

to its satisfaction. The Company will also have right to get the job done by a third party at the

risk and cost of the Contractor till the expiry of the period of the contract and debit the cost plus

25% to the Contractor.

1.20.0 VALIDITY OF THE CONTRACT:-

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

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

Notice to 7 days be given for starting the job but the Contractor should be able to mobilize

within 24 hours, if the necessity so arises.

a) Extension of Contract:

The extension of contract should be avoided and shall not be considered as a regular

practice. Normally, the extension of contract shall be granted only in exigency of work due to

unavoidable circumstances. The extension of contract can be given on the same rates, terms

& conditions normally for a period of three months as per mutual consent. Further extension

may be permitted only in exceptional circumstances based on justification and merit of the

case with the approval of competent authority at Corporate Office.

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1.21.0 FORCE MAJEURE:-

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

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

obligation contained therein, if such performance is prevented or delayed or restricted or

interfered with by reason of War, Hostilities, Revolutions, Civil Commotion, Strike, Epidemics,

Accidents, Fires Flood, Earthquake, regulation or ordinance or requirement of any Government

or any sub-division thereof, or authority or representative of any such Govt. and/or due to

technical snag/reasons or any other Act whatsoever, whether similar or dissimilar to those

enumerated beyond the reasonable control of the parties hereto or because of any act of GOD.

The party so affected, upon giving prompt notice to the other party shall be excused from such

performance to the extent of such prevention, delay, restriction or interference for the period it

persists provided that the party so affected shall use its best efforts to avoid or remove such

causes of non performance if possible and shall continue performance hereunder with the

utmost dispatch whenever such causes are removed. Should one or both parties be prevented

from fulfilling their contractual obligations by a state of Force Majeure lasting continuously for a

period of one week, the two parties to the contract shall meet and decide about the future

course of action for implementation of the contract.

1.22.0 LOSS TO PLANT DURING EXECUTION: -

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

made good by the contractor at his own cost and risk.

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

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

progress of work and Contractor shall have to carry out the work in accordance with any

instruction which may be given to him in writing duly signed by Engineer-in-charge. Such

alteration, omission, additions, substitutions, shall not invalidate the contract and any altered,

additional or substituted work which the Contractor may be directed to do in the manner

above specified as a part of the work, shall be carried out by the Contractor on the same

condition in all respects on which he has agreed to do the main work.

1.24.0 If the rate for the additional altered or substituted work are specified in the contract for the

work. The Contractor is bound to carry out the additional, altered or substituted work at the

same rate as per specifications in the rate contract for that work.

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

the cost will be calculated on the basis of actual labour and consumable materials utilized

for the job. The quoted rates will be inclusive of overhead and profit. The quantum of labour

and consumable material used will be assessed by the Engineer-in-charge, whose

decision in this respect will be final and binding upon the Contractor. The contractor will be

required to obtain prior approval of NFL for rates payable to him for such extra items.

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

option to get the work done through another agency at the Contractors' risk and cost. As

per clause No. 1.21.0 of General Terms and Conditions.

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1.25.0 SECURITY:

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

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

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

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

1.26.0 PERIOD OF LIABILITY:

The Contractor shall guarantee for the work done for a period of three months from the date of

issue of Completion of work . Any damage or defect may arise or lie undiscovered at the time

of completion certificate, in the workmanship shall be rectified or replaced by the Contractor. In

default, the Engineer-in-charge may cause the same to be made good by other Contractor and

deduct expenses (of which the certificate of Engineer-in-charge shall be final) from any sums

that may be there or at any time thereafter become due to the Contractor from his Security

Deposit.

1.27.0 PROCEDURE FOR MEASUREMENT/BILLING OF WORKS IN PROGRESS:

a) Measurement and Billing:

All measurement shall be in metric system as far as possible. All the works in progress will

be jointly measured by the representative of the Engineer-in-charge and the Contractor‟s

authorized agent, as per method outlined in the special, General Terms and Conditions of

the contract. Such measurement will be got recorded in measurement book/sheet by the

Engineer-in-charge or the authorized representative and signed in token of acceptance

by the Contractor or his authorized representative. The Contractor will submit a bill

in approved Performa in Triplicate to the Engineer-in-charge of the work giving abstract and

detailed measurements for the various items executed during a month before expiry of the

1st week of the succeeding month.

b) Running Account Payment:

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

the final payment only and not as payments for work actually done.

c) Completion Certificate/Final Bill:

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

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

from the completion documents and satisfying himself that the work has been completed

in all respect in accordance with the instructions, specifications of contract documents.

The contractor after obtaining the completion certificate is eligible to present the final bill

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for the work executed by him. The final bill shall be prepared on the basis of the final

measurements entered in the measurement books/sheets. The final bill shall be

prepared in the prescribed Performa with reference to total work covered by the contract

such bill to be drawn up after applying the applicable rates specified in the schedule of

rates to the relative measured quantities. The final bill shall also include all additional

claims of the contractor and considered conclusive.

d) Final Certificate:

Within fifteen days of the contractor's application made after the expiry of the period of

defect liability provided for in clause 1.26.0 here of and satisfaction of all liabilities of the

contractor in respect there of the Engineer-in-charge that the contractor has performed his

obligations in respect of the defect liability period and until issue of such final certificate, the

contractor shall be deemed not to have performed such liabilities not withstanding

issue of the completion certificate or payment of the final bill by NFL.

1.28.0 TERMS OF PAYMENT:

a) Payment of monthly running account bill complete in all respect shall be made after making

necessary recoveries as per contract within 30 days of receipt of bill. Payment of final bill

shall be released within 60 days after receipt of bill completed in all respect. Payment of 10

% security deposit/deducted shall be released after completion of defect liability period on

demand within 30 days.

b) The contractor has the option to receive payment through Electronic Funds Transfer

(EFT)/RTGS Process. For this option, they may submit their bank particulars i.e.

Customers Name, Name of the Bank, Bank Account No.(All digits in case of CBS

branches),Place of branch, Branch Code(IFSC CODE-II digits) to enable NFL to release

payment accordingly. All bank charges will be to their account

1.29.0 PRESERVATION OF FREE ISSUE MATERIAL:

All materials issued to the contractor by the owner shall be preserved against deterioration and

storage while under contractor‟s custody, Any damage/losses suffered on account of non-

compliance with the requirement stipulated herein shall be considered as losses suffered due

to willful negligence on the part of the contractor and he shall be liable to compensate NFL for

the losses suffered at panel rates to be determined by the Engineer-in-charge with reference to

the rates charged for the purpose of recovery shall be final and binding on the contractor.

1.30.0 SCRAP ALLOWANCE:

Contractor will plan the work in such a way that the wastage to be minimum Following scrap

allowance will be allowed. Beyond the allowance, the wastage will be chargeable to the

contractor on NFL rate +25% + All Taxes will be charged extra.:

S No PARTICULARS SALVAGEABLE

A STRUCTURE 2.5 %

B PIPE 3.0 %

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1.31.0 ISSUE OF MATERIAL FROM NFL:

Any issue of materials from NFL stores not covered in NFL obligation will be issued and

charged on NFL issue rate +25% + All Taxes will be charged extra. The issue of such material

will be sole discretion of NFL.

1.32.0 ISSUE OF GAS CYLINDER:

Contractor has to make his arrangement for Oxygen and Acetylene Gas. However, the Oxygen

and Acetylene gas can be issued on chargeable basis in exigencies subject to the availability

constituting following components.

a) Invoice price of gas.

b) Rent for each Cylinder per day.

c) Department charges.

d) Cost of collection and return of empty Cylinder.

1.33.0 MATERIAL TRANSPORTATION:

The contractor shall make his own arrangement for Transportation of the material from

stores to site of work and to the place of erection etc. at his own cost for making temporary

stores/work sites, NFL may indicate an area at its own discretion for putting up of a temporary

hut/shed.

1.34.0 PENALTY:

In the event of work is not completed according to the time schedule, the contractor shall have

to pay Penalty to the NFL at the rates of 1 % of the total value of work for delay of every day or

part thereof, subject to a ceiling of 10 % of the total value of the work.

Note: The above clause shall be reviewed in all cases after considering duration and criticality

of work.

1.35.0 ENGINEER-IN-CHARGE:

The Engineer-in-charge shall have general supervision and direction of the work. He has

authority to stop the work whenever such a stoppage may be necessary to ensure the proper

execution of the contract. He shall also have authority to reject all work which directs the

application of forces to any portion of the work as in his judgment is required and order force

increased or diminished and to decide disputes, which arise in the execution of the work. The

Engineer-in-charge reserves the right to suspend the work of the part thereof at any time and

no claim whatsoever on this account will be entertained. In case of any dispute the

contractor may appeal to the Engineer-in-charge whose decision shall be final and

binding.

1.36.0 JURISDICTION:

For any disputes regarding this contract, the exclusive Jurisdiction shall lie in courts situated at

Guna generally where the contract is being executed.

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1.37.0 CONCILIATION & ARBITRATION:

“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 by either party to the contract be referred to the arbitration of the Unit

Head/ED/Functional Director/Chairman & Managing Director, National Fertilizers Ltd. or his/her

nominee.

The arbitration & Conciliation Act, 1996 or any statutory modification or reenactment thereof

and the rules made there under shall govern the Arbitration proceedings.

The contractor herby 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.”

1.38.0 CONTRACTOR TO REMOVE UNSUITABLE EMPLOYEES:

The contractor shall on instruction of the Engineer-in-charge immediately remove from the work

any person employed thereon who may misbehave or cause any nuisance or otherwise, in the

opinion of the Engineer-in-charge is not a fit person to be retained on the work and such

person shall not be again employed or allowed on the works without the prior written

permission of the Engineer-in-charge.

1.39.0 SAFETY REGULATION:

The contractor shall observe and abide by all fire and Safety regulations of the NFL. Before

starting maintenance work, the Contractor shall consult NFL's Safety Officer or the Engineer-in-

charge. If the Safety Engineer is not available, he will do familiarize him with such regulations,

copies of which will be furnished to him by NFL, when requested. He shall be responsible for

and must make good to the satisfaction of the NFL any loss or damage due to fire to any

portion of the work to be done under this agreement or to any of the NFL's existing property. All

the accidents to contractor's staff will be reported to the Safety Officer promptly.

This will however not relieve the contractor of any statutory obligation. The contractor shall not

undertake any hot job without safety work permit. He has to maintain First Aid Box in his office.

Also necessary safety equipment like Helmets, Hand Gloves, Face Shield, Safety Belt etc are

to be provided to his workmen by the contractor. However special Safety equipment required

as per the job requirement will be provided by NFL free of cost.

For any default / accident / loss due to negligence of Contractor/ workers, the liability of

Contractor shall be “Absolute liability”.

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1.40.0 CONTRACTOR TO EXECUTE AGREEMENT:

The contractor‟s responsibility under this contract will commence from date of issue of the

Letter of Intent. The Tender Documents, other documents exchanged between the Tenderer

and NFL, the letter of acceptance and work order shall constitute to the contract. The

successful Tenderer shall be required to execute an agreement on a non-judicial stamp paper

of prescribed value with NFL within 10 days (Ten days) of receipt by him of the Letter of Intent.

The agreement to be executed will be in Agreement Form specified by NFL. The cost of the

Stamp Papers will be borne by the contractor.

1.41.0 BIDDER TO ACQUAINT HIMSELF FULLY

The Bidder may visit the site and shall acquaint himself fully and thoroughly with the conditions

and limitations including scope, requirements and official/statutory regulations, under which,

conforming to which and subject to which, services/work are to be performed by him. Failure to

comply with the aforesaid requirements will not relieve the BIDDER of his obligations in the

event of his tender being accepted nor any claim whatsoever will be entertained on the plea of

ignorance or overlooking.

The Bidder shall give an undertaking that the terms and conditions of NIT and other aforesaid

conditions are acceptable to him without reservations and no deviations to NIT have been

taken while making the offer.

Unless otherwise specifically stated in his bid, it will be assumed that all terms and conditions

of NIT are accepted by the bidder without any reservations whatsoever.

1.42.0 PAYMENT FOR PREPARATION OF BID DOCUMENT

The Bidder shall not be entitled to claim any cost, charges, expenses, losses incidental to the

preparation and submission of this tender in any case.

1.43.0 TERMINATION OF CONTRACT

Notwithstanding anything elsewhere herein provided and in addition to any other right or

remedy of NFL under the Contract or otherwise including right of NFL for compensation for

delay the Engineer-in-charge/officer-in-charge may, without prejudice to his right against

Consultant in respect of any delay, bad workmanship or otherwise or to any claims for damage

in respect of any breaches of the Contract and without prejudice to any rights or remedies

under any of the provisions of this Contract or otherwise and whether the date for completion

has or has not elapsed by intimation in writing, absolutely, determine the Contract:

Default or failure by Contract of any of his obligations under the Contract including but not

limited to the following, the Contract is liable to be terminated if the Consultant

Becomes bankrupt or insolvent or goes into liquidation or is ordered to be wound up or has a

receiver appointed on its assets or execution or distress is levied upon all or substantially all of

its assets.

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Abandons the work

Persistently disregards the instructions of the OWNER in contravention of any provision of the

CONTRACT.

Or

persistently fails to adhere to the agreed program of work

Or

Sublets the work in whole or in part there of without OWNER‟s consent in writing.

Performance is not satisfactory or work is abnormally delayed.

Defaults in the performance of any material undertaking under this CONTRACT and fails to

correct such default to the reasonable satisfaction of the OWNER within fifteen days after

written notice of such default is provided to the Contractor.

a) Owner may terminate the Contract due to any reason including reasons due to force

majeure, regulations or ordinance of any Government or any other reasons beyond the

reasonable control of the Owner.

Such termination will be by 15 (fifteen) days notice in writing and no claim/compensation shall

be payable by the OWNER as a result of such termination, excepting the fees and costs for the

meaningful services rendered by the CONSULTANT and acceptable to OWNER, up to the date

of termination.

1.44.0 RIGHTS OF OWNER

A unilateral stoppage of work by the Contractor shall be considered a breach of the

CONTRACT and the OWNER reserves its right to take necessary and suitable action as it may

deem fit, to adequately protect his/its interest; at the risk and cost of the contractor. Any

aforesaid action shall be without prejudice to any other action, rights and remedies etc. that

may also be available.

In the event the Contractor fails to fulfill his obligations under the CONTRACT, the OWNER

shall have the right to get the work done by any other agency/own resources at the risk and

cost of the Contractor.

1.45.0 TIME EXTENSION

If the Contractor requires any extension of time for completing the Work under the CONTRACT

he must apply to the OWNER within seven days from the date of the occurrence of the event

on account of which he desires such extensions and the OWNER may, if he thinks such

request reasonable, grant such extension of time as he may think necessary.

1.46.0 CONTINUED PERFORMANCE

The Contractor shall not stop work in case of any dispute pending before

arbitrator/court/Tribunal in relation to the contract or otherwise unless further progress of works

has been rendered impossible due to non-fulfillment of any reciprocal promise. Unilateral

stoppage of work by the Contractor shall be considered a breach of CONTRACT and the

OWNER shall be within its rights to take suitable and necessary action as it may deem fit to

adequately protect its own interests.

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1.47.0 The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition) Act,

1970 and rules framed there under as amended from time to time.

1.48.0 The contractor shall abide by all the Laws/Acts/Rules/ Regulations including labour laws related

to PF, Wages, Holidays, Leave, overtime, etc. Separate ECR form for PF, related to NFL

contracts should be submitted.

1.49.0 The Contractor shall ensure that the Payment of Wages to Labourer has been made in

accordance with minimum Wages Act. If at any time, it is noticed or it comes to the knowledge

the payment to the Labourer employed by the Contractor is not made in accordance with the

Minimum Wages Act, NFL shall reserve the right to take remedial action to regulate the

payment. The payment should be made through bank.

1.50.0 It is understood by the contract that in the event of any losses/damages caused to the owner

(NFL) due to the reasons whatsoever within his control and the same losses/damages are

approved, the contractor has to make good all the consequential damages/losses to the Owner

without any protest and demur. The damages/losses shall be apart from other claims/damages

to which the Owner is entitled under the contract or in the course of Law.

1.51.0 The contractor shall ensure that all formalities / permissions/ licenses required be completing /

complying under the existing laws of India and amendments thereof time to time for and in

connection with this contract including engagement / employment of laborers.

1.52.0 EXECUTION OF CONTRACT

Contract shall be executed on Non Judicial Stamp of adequate value, as per prevailing

rates in the concerned state.

Contract shall be duly signed and notarized on the date of signing / execution, by both the

parties.

All relevant documents should be mentioned as part of contract in the works contract.

Arbitration clause (clause 1.37.0) shall be inserted in the works contract, clearly mentioning

one authority i.e. Unit Head / ED/ Functional Director / CMD etc.(other shall be deleted) as

per circular no. NFL/SEC/Legal/20/401 dated 25.11.2000 issued by Comp. Sectt.

department on the subject matter.

The Contract should provide for Indian Law as the applicable law. Deviations can be

considered for international contracts only where the bidder insists otherwise and the

nature of the contract, with the approval of competent authority.

1.53.0 INDEMNIFICATION

The contractor shall have to furnish Indemnity Bond (as per format enclosed as Annexure-X) for value of Rs............................................towards the material being sent for repair (This Clause shall be applicable for repair of materials).

************

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ANNEXURE-VI

PROFORMA FOR BANK GUARANTEE AGAINST ADVANCE PAYMENT

(On Stamp Paper issued in the Name of the Bank)

Guarantee No…………………………

Dated………………

In consideration of the National Fertilizers Limited, a Company incorporated under the Indian

Companies Act and having its registered office at SCOPE Complex, Core-III, Institutional Area,

Lodhi Road, New Delhi 110 003 (hereinafter called "NFL ") having agreed to advance a sum of

Rs……………. (Rupees…………………………… only) to M/s…………………………………..

(Hereinafter called "CONTRACTOR") as……..% advance against WORK ORDER

No………………….. Dated……………. for Rs………. (Rupees………………. only). We,

……………………….(Bank), having its registered office at ………………….. (Hereinafter referred

to as the "BANK") do hereby undertake to pay immediately on demand by NFL an amount not

exceeding Rs………………….. (Rupees…………………. only) [i.e. Rs………….. as Principal

Amount and Rs………………………. as Interest for …………. Months]. NFL can demand, against

this Bank Guarantee, only an amount equivalent to an amount not adjusted by NFL against the

supplies by the contractor as per the WORK ORDER.

1. Bank do hereby undertake to pay the amounts due and payable under this guarantee without

any protest or demur immediately on a demand by NFL. Any such demand made on the

Bank shall be conclusive as regards the amount due and payable and the Bank will make the

payment immediately without referring to CONTRACTOR.

2. The Bank further agrees that the guarantee herein contained shall remain or shall be

released to the CONTRACTOR when the deliveries are completed or advance made towards

works are fully adjusted bill of deliveries with earlier certification by NFL.

3. We ………………….(Bank) further agree with the NFL that NFL shall have the fullest liberty

without the Bank‟s consent and without effecting in any manner or obligations hereunder to

vary any of the terms and conditions of the Work Order or to extend time of performance by

the Contractor from time to time or to postpone for any time or from time to time any of the

powers exercisable by NFL against the Contractor and to forebear or enforce any of the

terms and conditions relating to the Work Order No…………….. dated………. and the Bank

shall not be relieved from it's liability by reasons of any such variation or extension being

granted to the Contractor or for any forebearance, act or omission on the part of NFL or any

indulgence by the NFL to the Contractor or by any such matter or thing whatsoever which

under the law relating to sureties would, but for this provision, have effect of so relieving

Bank.

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4. We ………………..(Bank) further agree that it shall not revoke this guarantee during its

currency of Guarantee except with the previous consent of NFL in writing.

5. This guarantee will not be discharged due to the change in constitution of the Bank or the

Contractor(s). Also the guarantee will not be discharged due to change in the constitution or

Management of NFL.

6. We ………………(Bank) agree to extend the validity of the guarantee for the period(s) as

asked for by M/s ………………………………….

7. Notwithstanding anything contained herein before, our total liability under this guarantee is

restricted to Rs………………… (Rupees……………………………. only) and shall remain in

force until………………….. unless a demand or claim to enforce a claim under this guarantee

is made against us in writing on or before the date i.e……………….. all rights of NFL, under

this guarantee shall be forfeited and the Bank shall be released and discharged from all

liabilities hereunder.

Dated:…….....…. ……

Bank…………………………

(Corporate Seal of Bank)

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ANNEXURE-VII

SECURITY DEPOSIT-CUM-PERFORMANCE BANK GUARANTEE FORMAT

(To be prepared on Stamp paper issued in the name of Bank)

This BANK GUARANTEE No. _____________________________ made this day of

____________________________ between______________________ a bank incorporated and

having its registered office at ______________________________ (hereinafter called BANK) which

expression shall unless repugnant to the context or contrary to the meaning thereof include its

successors and assigns on the one part and NATIONAL FERTILIZERS LIMITED, a Company

registered in India under Companies Act, 1956 and having its registered office at Core -III, Scope

Complex, 7, Institutional Area, Lodhi Road, New Delhi -110 003, India to the context or contrary to the

meaning thereof include its successors and assigns on the other part.

WHEREAS in pursuance to the agreement dated ____________________(hereinafter called

CONTRACT) entered into between National Fertilizers Limited (hereinafter called OWNER and

__________________________________________ a Company incorporated in

_______________________ (hereinafter called CONTRACTOR) which expression shall unless

repugnant to the context or contrary to the meaning thereof include its successors and assigns, for

supply of __________________________ as envisaged in the Contract, Contractor has to submit a

Security Deposit-cum-Performance Bank Guarantee for Rs._________.

CONTRACTOR accordingly agrees to furnish the Security cum performance Bank Guarantee as

hereinafter contained towards fulfilment of all of its obligations under the contract.

NOW THIS DEED WITNESSES AS FOLLOWS :

The decision of the Owner as to whether the terms and conditions of this Security Deposit-cum-

Performance Bank Guarantee have been observed or not shall be final and binding on the BANK. In

any case, however the Bank's responsibility under this Security Deposit-cum-Performance Bank

Guarantee is limited to Rs. _____________________.

1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER

that the BANK is holding the amount of Rs.______________________________________at

Owner's disposal and hereby promises and shall be bound to pay to OWNER, forthwith at

Owner's written notice stating that the contractor has failed to fulfil its obligations under the

contract for reasons for which contractor is liable and without any protest or demur and without

recourse to contractor and without asking for any reasons as to whether the amount if lawfully

asked for by Owner or not, the entire amount or the portion thereof as mentioned by Owner in

the notice.

2. This Security Deposit-cum-Performance Bank Guarantee shall be valid for an initial period of

_______________________ months from the date of this Bank Guarantee No.

___________________ dated ______________ given by the Bank to Owner become effective.

Upon issuance of Commissioning / certificate according to terms of contract on expiry of

_________________ months after the issuance of the above mentioned certificate of

commissioning / erection / completion certificate, the Security Deposit-cum-Performance Bank

Guarantee shall become null and void.

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3. This Security Deposit-cum-Performance Bank Guarantee shall be in addition to and shall not

affect or be affected by any other security now or hereafter held by Owner on account of money

hereby intended to secure and Owner at its discretion and without any further consent from the

Bank, and without affecting its rights against the Bank, may compound with, give time or other

indulgence to or make any other arrangement with Contractor and nothing done or omitted to be

done by Owner in pursuance of any authority or permission contained in this guarantee, shall

effect discharge of the liability of the Bank.

4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Security Deposit-cum-Performance

Bank Guarantee will remain in force initially upto __________________ months from the

effective date of Bank Guarantee No. __________dated ____________ given by the Bank to the

Owner and subject to provisions of paragraph 2 above will stand automatically cancelled on the

expiry of the said period. Unless demand or claim under this Bank Guarantee is made on Bank in

writing within three months from the date of expiry of this Bank Guarantee, all the rights of Owner

against the Bank shall be forfeited and Bank shall be relieved and discharged from all the

liabilities hereunder.

5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the Bank,

addressed as aforesaid, and if sent by post, it shall be deemed to have been given at the time

when it would be delivered in due course of post, and in proving such notice, when given by post,

it shall be sufficient to prove that the envelope containing the notice was posted and a certificate,

signed by an officer of the owners, to the effect that the envelope was so posted, shall be

conclusive.

6. The Security Deposit-cum-Performance Bank Guarantee is to be returned to the Bank after its

expiry in terms of Paragraph 4 above.

7. The Bank declares that it has the power to issue this guarantee and the undersigned have full

power to do so.

Dated ___________ this _____day of ______201

(Indicate the name of the Bank with stamp)

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ANNEXURE-VIII

BID SECURITY (EMD) FORM

DRAFT OF BANK GUARANTEE FOR BID SECURITY DEPOSIT/EMD

In consideration of National Fertilizers Limited (NFL), having its registered office at scope complex,

core-iii, 7 institutional area, lodhi road, new delhi-110 003 (hereinafter called nfl which expression shall

unless repugnant to the subject or context includes its successors and assigns) having agreed to

exempt ____________(hereinafter called the, the said tenderer(s)' which expression shall unless

repugnant to the subject or context includes his successors and assigns) from the demand under the

terms and conditions of tender no ________________for___________________hereinafter called

“the said tenderer' of such bid security deposit for the due fulfillment by the said tenderer(s) of the

terms and conditions contained in the said tender ____________for ____________on production of

bank guarantee for Rs._________________(Rupees ________________________only).

1. We___________________Bank hereinafter referred to as 'The Bank' do hereby undertake to

pay to „NFL‟ an amount not exceeding Rs.________(Rupees__________only) against any loss

or damage caused to or suffered by 'NFL' reason of any breach by the said tenderer(s) of any of

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

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

2. We _________________Bank do hereby undertake to pay the amounts due and payable under

this guarantee without any demur merely or a demand from 'NFL' stating that the amount

claimed is due by way of loss or damage caused to or would cause to or suffered by 'NFL' by

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

said tender or by reason of the said tenderer's failure to keep the tender open. Any such demand

made on the bank shall be conclusive as regards the amount due and payable by the bank under

this guarantee. However, our liability under this guarantee shall be restricted to an amount not

exceeding Rs.______________(Rupess_____________________only).

3. We ____________________Bank further agree that the guarantee herein contained shall remain

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

and that it shall continue to be enforceable till the said tender is finally decided and order placed

on the successful tenderer and/ or till all the dues of „NFL‟ under/or by virtue of the said tender

have been fully paid and its claims satisfied or discharged or till a duly authorised officer of NFL

certified that the terms and conditions of the said tender have been fully and properly carried out

by the said tenderer(s) and accordingly discharges the guarantee. Unless a demand or claim

under this guarantee is made on us in writing on or before the _____________to include 3

months claim over and above the period mentioned in the paragraph for the validity of the Bank

Guarantee in the tender we shall be discharged from all liability under this guarantee thereafter.

4. We __________________________Bank, lastly undertake not to revoke this guarantee during

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

34

Dated ________________day of ______________________201

Corporate Seal for Bank

35

ANNEXURE-IX

PERFORMANCE BANK GUARANTEE FORMAT

(PARA6.06.4 –III)

(To be prepared on Stamp paper issued in the name of Bank)

This BANK GUARANTEE No. __________________made this day of

________________between___________________________ a bank incorporated and having its

registered office at ________________________(hereinafter called Bank) which expression shall

unless repugnant to the context or contrary to the meaning thereof include its successors and assigns

on the one part and NATIONAL FERTILIZERS LIMITED, a Company registered in India under

Companies Act, 1956 and having its registered office at Core -III, Scope Complex, 7, Institutional

Area, Lodhi Road, New Delhi -110 003, India to the context or contrary to the meaning thereof

include its successors and assigns on the other part.

WHEREAS in pursuance to the agreement No. ________________dated

______________(hereinafter called CONTRACT) entered into between National Fertilizers Limited

(hereinafter called OWNER and ________________________ a Company incorporated in

_______________________ (hereinafter called CONTRACTOR) which expression shall unless

repugnant to the context or contrary to the meaning thereof include its successors and assigns, for

supply of _________________as envisaged in the Contract, Contractor has to submit a Performance

Bank Guarantee for Rs_________________(Rupess_________________only).

CONTRACTOR accordingly agrees to furnish the Performance Bank Guarantee as hereinafter

contained towards fulfilment of all of its obligations under the contract.

Now this Deed witness as follows:

1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER

that the BANK is holding the amount of

Rs.___________________(Rupess_______________________only) at Owner's disposal and

hereby promises and shall be bound to pay to OWNER, forthwith at Owner's written notice

stating that the contractor has failed to fulfil its obligations under the contract for reasons for

which contractor is liable and without any protest or demur and without recourse to contractor

and without asking for any reasons as to whether the amount if lawfully asked for by Owner or

not, the entire amount or the portion thereof as mentioned by Owner in the notice. The decision

of the Owner as to whether the terms and conditions of this Performance Bank Guarantee have

been observed or not shall be final and binding on the BANK. In any case, however the Bank's

responsibility under this Performance Bank Guarantee is limited to Rs.

______________(Rupees__________________only).

2. This Performance Bank Guarantee shall be valid for an initial period of ____________months

from the date of this Bank Guarantee No. ________________ dated ______________ given by

the Bank to Owner become effective. Upon issuance of Commissioning/ Erection/Completion

certificate according to terms of contract on expiry of _______________months after the

issuance of the above mentioned certificate of commissioning / erection / completion certificate,

the Performance Bank Guarantee shall become null and void.

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3. This Performance Bank Guarantee shall be in addition to and shall not affect or be affected by

any other security now or hereafter held by Owner on account of money hereby intended to

secure and Owner at its discretion and without any further consent from the Bank, and without

affecting its rights against the Bank, may compound with, give time or other indulgence to or

make any other arrangement with Contractor and nothing done or omitted to be done by Owner

in pursuance of any authority or permission contained in this guarantee, shall effect discharge of

the liability of the Bank.

4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Performance Bank Guarantee will

remain in force initially upto _____________months from the effective date of Bank Guarantee

No. ________________ dated ____________ given by the Bank to the Owner and subject to

provisions of paragraph 2 above will stand automatically cancelled on the expiry of the said

period. Unless demand or claim under this Bank Guarantee is made on Bank in writing within

three months from the date of expiry of this Bank Guarantee, all the rights of Owner against the

Bank shall be forfeited and Bank shall be relieved and discharged from all the liabilities

hereunder.

5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the Bank,

addressed as aforesaid, and if sent by post, it shall be deemed to have been given at the time

when it would be delivered in due course of post, and in proving such notice, when given by post,

it shall be sufficient to prove that the envelope containing the notice was posted and a certificate,

signed by an officer of the owners, to the effect that the envelope was so posted, shall be

conclusive.

6. The Performance Bank Guarantee is to be returned to the Bank after its expiry in terms of

Paragraph 4 above.

7. The Bank declares that it has the power to issue this guarantee and the undersigned have full

power to do so.

Dated ______________ this ________ day of________201

(Indicate the name of the Bank with stamp)

37

Annexure-X

Proforma for Indemnity Bond

This DEED OF INDEMNITY made between M/s …………… …………..………………………having its

registered office at ……………………and place of business at……………………… The Contractor,

which expression shall include its successor and assigns of the one part and M/s National Fertilizers

Limited, a company incorporated under the Indian Companies Act and having its registered Office at

SCOPE Complex, Core-III, Institutional Area, Lodhi Road, New Delhi (hereinunder called 'the Owner')

which expression shall include its successors and assigns of the other part

WHEREAS the Owner has placed a Work Order No. ……………………………….on the Contractor for

…….. …………….and whereas one of the conditions of the said Contract, is that the Owner will supply

to the contractor free issue Material for………………………………. As specified in the said Contract for

the purpose of ………………………….…

…………………..and WHEREAS the Owner has agreed to send the said Free issue Material in the terms of the said Contract upon the terms that the Contractor should enter into covenants hereinafter contained.

NOWTHIS DEED WITNESSETH AS FOLLOWS

1. In pursuance of the said agreement and in consideration of the promises the Contractor hereby

permits and acknowledges that the Contractor holds and shall always hold the said Free Issue

Materials (which will from time to time be sent by the Owner to the Contractor) under the said

contract, in trust for to the order of and on account of the Owner.

2. The Contractor hereby assume full responsibilities for the said Free Issue Materials shall keep

the said Free Issue Materials free of charge to the Owner in the safe place and in good condition.

3. The Contractor hereby agrees to indemnify and keep the Owner indemnified at all times

hereafter against all claims, demands, proceedings, losses, damages, costs charges and

expenses which may be or brought against the owner of which the Owner may suffer or incur by

reason of any loss or damage to the Contractor or its employees caused by the default or

negligence of the Contractor or its employees or agent and/or by reasons of breach by the

Contractor or its covenants obtained in clause 1 and/or clause 2 hereof.

4. NOTWITHSTANDING anything stated herein above, Contractor's liabilities under this Guarantee

is restricted to Rs……………….. (Rs……………………………. only) and it will remain in force

till…………………unless an action to enforce claim under the guarantee is filed against

Contractor before the aforesaid date all Owner's rights under the said guarantee shall be

forfeited and Contractor shall be relieved and discharged from all the liabilities thereunder.

Dated :

38

ATTACHMENT-A

NO.NFVP/CP&O/NITchem/694/2016

SCOPE OF WORK

1.0 The detailed scope of work is as follows:

1.1 HANDLING OF CHEMICALS:

Preparation of solution of chemicals like Lime, Alum, FeSO4, TSP, Bleaching powder & Poly Aluminum Chloride and any other chemical etc. as per Plant requirement. Operation of valves, cleaning of filters, collecting samples, shifting of chemicals etc. as per Plant requirement. Approximate quantity of chemicals handled per day will be from 0.50 to 3.0 MT approx. The quantity of chemicals may vary from time to time and as per Plant requirement. During rainy season it may increase to 3 ~ 4 MT per day. Monthly payment will be released as per actual quantity of chemicals dozed in the Plant. The job of dissolving the chemicals is intermittent. However, it may be carried out in three shifts, as and when required.

1.2 SAFETY AND POLLUTION CONTROL FACILITIES: Details of jobs required to be carried out under above operation are:

a) Handling of safety appliances within the Plant area including shifting of same to different locations every fifteen days frequency or as and when required.

b) Fixing/removal of hoses on service air, service water, Nitrogen and low pressure steam etc. as and when required.

c) Blocking the Plant drains in case of escape of effluents causing pollution within Plant area as and when required.

d) Dosing of Lime, Ferrous sulphate, Acid into the drains/pits to neutralize the effluents as and when required.

All the above jobs shall form one operation. 1.3 Lubrication of machinery and other Plant activities. (Apprx.75 Ltr.oil and 25 kg grease is being handled in each month). The details of work done under the above operation will be: a) Lubrication of rotating equipments in CP&O group of Plants. This will include shifting of filled/empty

oil and grease drums from individual plant oil store to concerned field equipments. b) Maintenance of filters in workable condition in the Plant. c) Upkeep of plant premises, Keeping of Plant area around machinery free from oil and other

spillages. This operation require on daily basis. All the above jobs shall form one operation.

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1.4 Maintenance of strainers in canal and raw water sump in good conditions/removing and refilling of resins from different vessels in D.M.Plant.

The details of work under the above operation will be:

a) The mesh provided at the inlet of canal in Raw Water Plant is to be kept free from suspended material like vegetation and other floating materials.

b) The material collected at the suction sump of the pump house should be kept free from floating material. This material is required to be lifted manually and shifted to a distant place as informed by Engineer-in-charge.

c) Removal and refilling of resins from different vessels in D.M.Plant as per the requirement given by Engineer-in-charge.

d) Cleaning of mesh / jallis in storm water drains at different locations for free flow of storm water. All the above jobs shall form one operation.

1.5 For providing services for up keeping and maintenance of Naphtha Storage facility and Unloading of Naphtha rail / road wagons / tankers

Details of SCOPE OF WORK for 1.5

SCHEDULE-I: NAPHTHA/NGL UNLOADING FROM WAGONS/ROAD TANKERS:

a) Measurement of quantity of Naphtha/NGL in the wagon by taking dip of the wagons. b) Check the position of level in the main storage tanks. Request the operator to adjust the valves

openings as per the filling requirement in the storage tanks. c) Earthling connections should be ensured from each wagon hose connection for handling

Naphtha/NGL. Buckets/drum placed under the leakage should also be earthed. After ensuring the proper connections valves should be opened.

d) Road tanker - To connect/disconnect the suction of pump nozzle with road tanker using hose

provided by NFL. e) Rail tanker -To connect/disconnect the suction header of the Naphtha/ NGL unloading pumps to

rail tanker out let nozzles with hoses provided by NFL.(one rake of Naphtha/NGL may consist of 45 to 75 wagons depending on size & type of rake.)

f) To open the suction strainers of the above pumps, cleaning of filter elements and boxing up it back. g) The naphtha spillage in the plant area especially, in CPP plant, Ammonia-II and naphtha storage

area are collected in drums. The filled drums are shifted in Naphtha unloading area. When the drums are shifted, you are requested to empty out the drums to the unloading header immediately. Sufficient manpower to be supplied for emptying the drums.

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NOTES: 1. All tools and tackles including special tools required for above work has to be arranged by the contractor.

2. It would be the responsibility of the contractor to complete the unloading operation within the free time given by railways. I.e. the unloading of rake should be completed within 5.00 hrs. or as applicable from time to time as per railway schedule. 3. Spillage of liquid fuel, if any, is to be collected in buckets, transferring the same to barrels and then shifting to the suitable place as per the instructions of Engineer-in-charge.

4. After disconnecting the rubber/S.S. hoses subsequent to unloading of rail tankers, any

Naphtha/ NGL left over in pipes are to be decanted by the contractor. 5. It would be contractor's responsibility to follow all the safety rules and regulations.

SCHEDULE-II: UPKEEPING AND MAINTENACE OF THE NAPHTHA/NGL STORAGE AREA AS PER OUR REQUIREMENT: NFL is having 6 Naphtha/NGL storage tanks, 4 of 4500 KL/3240 MT capacity each and 2 of 2200

KL/1584 each along with pumping facility tanks. There are four transfer pumps PC-3A/B/C/D in the area. 1. Pumps to be run as per the requirement to maintain adequate level in Captive power Plant Day tanks and Ammonia Day Tank.

2. Contractor will have to maintain required parameters, log book/log sheet supplied by NFL

and follow all instructions of Shift-In-charge to entire satisfaction of the E.I.C. He has to report to Shift Engineer in shifts.

Rates to be quoted is on the number of operations basis. The monthly bill to be submitted by the contractor will depend on number of operations in the month. One manpower in the day will consist of one operation. The contractor has to arrange the manpower for all the shifts on short notice , if required.

GENERAL:

a) Management of operation and maintenance of the entire unloading shall be in the Contractor's scope.

b) The Contractor is required to start normal operation within a week of receipt of work order/LOI.

c) Contractor shall depute his representative for communication regarding unloading operations

which may start at any time during the day as per the availability of the wagons/road tankers. The representative should preferably have minimum B.Sc./Diploma in Engg. Qualification and/or of sufficient experience to discuss technical / commercial requirements with the Engineer-in-charge or his appointed representative.

d) Contractor shall coordinate with the Engineer-in-charge. e) Employees engaged by contractor will not be allowed to carry lighter / match sticks/cigarette/bidi

etc. in the working area.

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f) Contractor should keep close liaison with railways & transportation department of NFL to

keep himself informed of the latest position of incoming NGL/Naphtha rakes. It shall be the duty of Contractor to depute a responsible person to survey the unloading area daily in General shift hours and also in the night depending upon requirement. Patrolling should be done daily and report should be submitted.

g) At the time of unloading of NGL/Naphtha rake contractor's representative shall be required to be

present along with sufficient number of persons so that rake could be unloaded in free time including connection /disconnection of hoses. Contractor has to plan his activities so that the rake is unloaded within free time of 5.00 Hrs.

h) Naphtha/NGL rail tankers are to be emptied out within free time allowed by railways. That is the

unloading of rake should be completed within the free time of 5.00 Hrs. or as applicable from time to time as per railway schedule. Any demurrage paid by NFL to Railways due to delay in unloading on the part of Contractor will be recoverable from him.

i) NFL at its option, may decide to discontinue operation of Schedule-I/II of contract at any time by

giving one weeks notice. No payment shall become due to contractor after the notice period of one week. If work done under schedule-II is for less than a month, payment will be made on prorata basis.

j) Each page of the NIT should be signed by contractor as acknowledgement of acceptance of the

terms and conditions of the NIT.

k) Depending upon the availability of NG/LNG the consumption of Naphtha/NGL shall vary on month to month basis. So the actual quantity of Naphtha/GNL to be handled is in the range of 60,000 MT to 144,000 MT per annum. However, there is no guarantee of any minimum quantity.

PENALTIES:

i) Pump operation will be in all the three shifts. If the area is left unmanned whenever job is there, then the contractor will be liable to penalty which can be up to Rs.500/- per shift.

ii) Any spillage of NGL/Naphtha etc. due to negligence on the part of Contractor will attract penalty as

decided by EIC,depending upon the value of loss. iii) Naphtha/NGL rail tankers are to be emptied out within free time of 5.00 Hrs. allowed by Railways.

So unloading of rake should be completed within 5.00 Hrs. or as applicable from time to time as per railway schedule. Any demurrage incurred by NFL due to delay in unloading on the part of contractor will be recoverable from contractor.

1.6 SLUDGE LAGOONS IN PTP( 3 NOS.):

Removal of sludge from each lagoon, one by one as released by Engineer-in-charge. Keeping in view the exigency of Plant, the disposal of removed sludge to be lifted after the sludge gets dried to any one or more than one points located within NFL premises as per instructions of EIC. Approximate quantity of sludge within lagoons will be 2700 m3.Sludge may be dry/wet containing varying amount of moisture. The availability for cleaning of each lagoon is expected between 4 to 6 weeks. Gap between release of one lagoon to other lagoon may vary between 2 to 4 months. Payment shall be considered strictly as per actual quantities of sludge handled.

1.7 RAW WATER PUMP'S SUCTION SUMP:

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The sump receives Raw Water from GKS canal at the northern end. 5 Nos. of vertical pumps are located on the Southern end where it receives water from Raw Water sump & from Raw Water Reservoir also. Accumulation of sludge is likely to be maximum towards northern end. Total quantity of sludge, weeds, wild growth etc. is expected to be 1500 m3. Snakes, fish etc. are also likely to be present. Sludge would be absolutely saturated with water and has to be handled by using buckets etc. manually. Job is likely to be released any time when flow stopped in Gopi Krishan Sagar canal. However, southern end of the sump is likely to remain in service at a low level so that contractor could take up said job in about 75% area of the sump towards north.

Southern end is expected to be cleared as such maintaining low level in that portion. Time

available for the job is estimated to be approximate Eight days. Disposal of the removed sludge is to be shifted immediately to locations decided by E.I.C. It should not be allowed to accumulate at work site. Payment shall be considered strictly on actual quantities of sludge handled. Bidder has to quote his best rates per m3.keeping above possibilities in mind.

1.8 SA-4, SA-5, SA-6 IN ETP:

Job belongs to ETP and the sludge is likely to be soft to hard deposit from place to place. Approximate quantity is estimated to be 300 m3 and removal shall be accomplished by handling wet sludge in buckets etc. and then transferring the same on a trolley/trailer for disposal to a point within factory as per instruction of EIC. The available time for completion is expected to be 7 days (max.) Payment shall be considered strictly on actual quantity of sludge handled. Bidder has to quote his best rates per m3 keeping above possibilities in mind.

1.9 GUARD POND-A NEAR 132 KV SUB-STATION:

Wet / dry sludge which may contain some chemicals, having foul smell is to be removed from Guard Pond-A and to be disposed after the sludge gets dried within factory premises as decided by Engineer-in-charge. Quantity of sludge to be removed is approximately 270 m3. However, payment will be released as per the actual quantity handled. The available time for removing the sludge is expected to be 3 days.

2.0 MISCELLANEOUS POINTS LIKE:

a) B/W channels around gravity sand filter (Apprx. quantity of sludge shall be 12 M³.) b) B/W sump in PTP(two times in a year) (apprx. Quantity of sludge shall be 18 M³ in one time cleaning.) c) Clarifier sludge sump in PTP(3 times in a year) (Apprx.quantity of sludge shall be 15 M³ in one time cleaning)

d) 12 SR-6 in ETP (Apprx. quantity of sludge shall be 2.5 M³). e) Air stripper sump in ETP (Apprx. quantity of sludge shall be 15 M³). 2.1 REMOVAL & REFILLING OF SAND:

Removal, disposal and refilling of sand in 10 gravity sand filters of pre-treatment Plant. Activities involved are scrapping of old fine sand & disposal to suitable place within the Plant area decided by EIC. Also shifting of new sand after sieving from a distance of about 50 mtr. at the ground level and filling in filters.

Area of the beds are approx. 7.5 X 10 mtr. and depth of filter is about 3 mtr. This job is time bound and to be completed within specified time given by EIC as the delay may cause limitation in operation of the Plant. If the job shall not be completed within stipulated period then Rs.2/m3/day penalty shall be imposed on the contractor.

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2.2 REMOVAL & REFILLING OF ACTIVATED CARBON:

There are 12 Carbon filters in D.M.Plant. The approximate quantity of activated carbon is 16.33 m3 in 4 vessels and 7 m3 in 8 vessels each. At the bottom of the vessels below the Carbon apprx.7-9 m3 of gravel is also there.

The job involves removal of Carbon and gravel from the vessels one by one into

drums/bags and charging back after cleaning. If fresh carbon is to be charged old carbon is to be shifted or dumped as decided by EIC. Any number of vessels or all the vessels can be offered for emptying and charging.

2.3 REMOVAL AND DISPOSAL OF SLUDGE FROM NEW FIRE WATER TANK: There is one new firewater tank above the ground located at North East of PTP. It receives clarified water from clarifiers. The sludge keeps on collecting at the bottom of the firewater tank. Total quantity of sludge, is likely to be around 630 M3. Sludge would be saturated with water and has to be handled by using buckets, shovels etc., manually. job shall be handed over after isolating and emptying the fire water tank. Time available for the job is around 15 days. Since the firewater tank is critical to the plant, the job should be completed strictly as per the time schedule. After removal of sludge from the fire water tank, the disposal is to be done after the sludge gets dried as decided by E.I.C. Payment shall be considered on actual quantities of sludge handled. 2.4 REMOVAL AND DISPOSAL OF SLUDGE FROM WEST SIDE LAGOON: West side lagoon is located west side of ETP/RO plant. The plant storm water drain is connected to west side lagoon. The sludge keeps on collecting at the bottom of the west side lagoon. The dimension of the lagoon is 50X30X3 M3. Since the lagoon is connected with the plant drain, the job is to be completed within the time schedule i.e. 21 days. So sufficient manpower tools and tackles is to be deployed so that the job is completed within the time schedule. When once the job is released the inlet to the west side lagoon is to be blocked with sand bags. Dewatering pump is to be shifted for dewatering the water. The accumulated sludge is to be removed manually by employing buckets and small drums. Disposal of the removed sludge is to be shifted after the sludge gets dried at the designated place as decided by E.I.C. Payment shall be considered strictly on actual quantities of sludge handled.

3.0 REMOVAL OF PALL RINGS, CLEANING/DESCALING AND PUTTING IT BACK IN STEAM STRIPPER-III.

Steam stripper-III is located at southeast corner of ETP. Pall rings are filled in steam stripper-III as a packing material. In the normal course of time scale formation develops in and around pall rings and stripper shell. Due to scale formation stripper efficiency comes down. The quantity of pall rings is 13.25 M3. The scope of work includes: 1. Empting out of tower packing i.e. pall rings. 2. De-scaling of pall rings by chipping and acid wash. 3. De-scaling of tower shall & de-scaling of stripper storage. 4. De-scaling and cleaning of heat exchanger tube (Total 250 Nos.) 5. Reloading of pall rings. The job shall be completed within 15 days from the date of handing over of steam stripper No.-III. The job should be completed strictly as per the time schedule. The job shall be released after isolating and draining and slip plating the vessel. Sufficient manpower, tools and tackles shall be deployed so that the job is completed within the time schedule.

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NOTES: 1. NFL reserves the right to delete any of the above mentioned jobs as per exigencies prevailing from time to time during tenure of the contract. 2. Quantities shown above are indicative only and no commitment for maximum/minimum quantities whatsoever. 3. Contractor has to use his own tools and tackles like shovels buckets, rope etc. However, special tools/fixtures as considered conducive to the speedy progress of work may be provided by Engineer-in-charge without any kind of binding upon NFL. 4. Contractor may like to use his own pump after taking permission from Engineer-in-charge. NFL may consider providing sludge pump on free basis. However, contractor is advised not to consider the same as any kind of commitment. Electrical connections and electricity will be given free of cost. 5. Payments shall be released on monthly operations / quantity handled of Sl no 1.1 to 1.5, completion of one of the lagoon at Sl.No.1.6 and on completion of individual jobs at 1.7 to 3.0. 6. The above rates should be adequate to meet the minimum wages and all other statutory requirements of employees, working under the contract, failing which, the tender shall be summarily rejected.

**--*****--***

45

ATTACHMENT – B NO.NFVP/CP&O/NIT chem/694/2016

COMMERCIAL TERMS AND CONDITIONS 1.0 SCHEDULE OF RATES:

1.1 The bidder shall quote rates as per the "schedule of rates" given in Attachment-C. 1.2 It should be ensured by bidder that the rates quoted by him are inclusive of all taxes(excluding service tax), duties, royalties and other statutory levies leviable at present or which may become leviable in future or from time to time. Unless specified to the contrary in the bid, all present and future taxes and statutory levies shall be borne and paid by the bidder. Payment of the taxes and other statutory levies shall be responsibility of the bidder and shall not be payable by NFL. 1.2a) Service Tax: Bidders should quote their rates excluding Service Tax. Service Tax if applicable shall be reimbursed on submission of documentary evidence having paid it to Govt. The certificate should be submitted in the following proforma:-

“I)In respect of Invoice No.-------------------for Rs.----------Dated-------- under Work Order No-----------------in accordance with Service Tax Act/Rules, Service Tax amounting to Rs.----------- has been deposited on ---------------dated --------- Vide Challan No.-------------(copy enclosed) with the Govt.” “II) I undertake to indemnify NFL against any loss or liability arising to NFL in connection with Service Tax related to above Work Order.”

1.3) Escalation /De-escalation Clause:- The rates quoted by the tenderer shall remain firm during the currency of the contract including extended period also, except increase/decrease in the minimum wages of the labour notified by MP Govt. The escalation on account of increase in the minimum wages shall be compensated to the contractor as per the formula indicated below: Escalation: Billed Amount X65/100 X (Escalated minimum wages–Min.wages on bid opening date)

Minimum wages on bid opening date

De-escalation:

Billed Amount X65/100 X (Min.wages on bid opening date–De-escalated Min.wages) Minimum wages on bid opening date The MP Govt. notifies minimum wages of labour from time to time. The above formula for escalation will be used for the minimum wages prevailing at the time of opening of tender. “Escalation/De-escalation shall be calculated on the minimum wages declared in the notifications issued by MP Govt. as applicable on the date of opening of tender. Even if the notification is issued at a later date, it shall be considered from retrospective effect and the same shall be the basis for calculations” Once the price Bids are opened, NFL under no circumstances will entertain any correspondence regarding offer of reduction in rates etc. of any kind by the tenderer unless specifically asked by NFL.

46

Along with the quotation, the tenderers should submit an undertaking that they would abide by the terms of contract detailed in our NIT.

1.4 Security Deposit: The successful bidder shall have to make security deposit @ 10% of value of work order towards

faithful execution of contract. Out of this, Initial Security Deposit (ISD) of 2.5% of value of work order shall have to be deposited, by demand draft payable to NFL Vijaipur, within 15 days of award of work along with acceptance of work order. E.M. deposited by party along with the tender shall be adjusted towards SD at the request of the party. Balance SD shall be deducted from running bills @ 7.5 %. In case party fails to make Initial SD as above, NFL may cancel the work order and forfeit the Earnest Money. The security deposit shall be forfeited and contract terminated in case, contractor fails to discharge his responsibilities towards faithful execution of contract as per the terms & condition of NIT and Work Order.

The security deposit will be returned to the contractor after six months, of successful completion of

the contract and the same shall bear no interest. 2.0 TERMS OF PAYMENT: 2.1 Payment shall be made against monthly bill certified by EIC. 2.2 The bidder shall be required to maintain field book in which the details of the each job done are

to be recorded and duly certified by the Engineer-in-charge or his representative. 2.3 In case bidder fails to carry out any job satisfactorily a deduction of 10 % against the value of

that particular operation shall be made from the corresponding monthly bill as penalty. 2.4 Following deductions will be made from monthly bill: i) Income tax and other statutory levies at the rates applicable from time to time as per tax

regulations. ii) 7.5% towards security deposit. 2.5 The bidder shall maintain a Muster-Roll/Wage register in the prescribed Performa and shall obtain

signatures/thumb impressions of the workers in token of their having received the payment. Either a duplicate copy of Muster-Roll bearing the Signatures/ Thumb impressions of workers or a Photostat copy of the relevant extract from the wage register shall be submitted by the bidder along with his bill to the Department concerned for onward transmission to the Accounts Department and only then payment to the bidder shall be made.

2.6 The bidder shall be singularly responsible to ensure strict compliance with, all Central and State

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

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3.0 PERIOD OF CONTRACT : The contract shall be valid for a period of 12 months and can be extendable for further period of three months on the same rates, terms & condition as per mutual consent.

************

48 Re; NFVP/CP&O/NIT Chem/694/2016 ATTACHMENT-C

(To be put in Sealed Envelope-No-3) SCHEDULE OF RATES

Sr. No.

Job Activity Expected quantity /operations

Rates Total amount (Rs) (column 3x4)

1 2 3 4 5

1. Handling of chemicals covered under Item 1.1 of scope of work.

360 MT per year

Rs. ----------------------- per MT (in figures) ----------------------------------------------------------------------------------------------(in words)

2. Safety and Pollution control activities covered under item 1.2 of Scope of work.

240 Operation per year.

Rs. ---------------------per Oprn. (in figures) ----------------------------------------------------------------------------------------------------------------------------------------------------(in words)

3. Lubrication of machinery and other plant activities covered under Item 1.3 of Scope of Work.


Rs. ---------------------per Oprn. (in figures) ---------------------------------------------------------------------------------------------------------------------------------------------------(in words)

4. Maintenance of strainers covered under Item No.1.4 of Scope of work.


Rs. --------------------per Oprn. (in figures) ----------------------------------------------------------------------------------------------------------------------------------------------------(in words)

5(A) Unloading of Naphtha / NGL from Rail / Road tankers

9000 MT Rs. -----------------------per MT. (in figures) ---------------------------------------------------------------------------------------------------------------------------------------------------(in words)

5(B) Manning / operation of transfer pumps including up keeping of main storage area on round the clock / or per shift as per requirement

360 / year Rs. -----------------------per MT. (in figures) --------------------------------------------------------------------------------------------------------------------------------------------------(in words)

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1

2 3 4 5

6. Sludge lagoons in PTP covered under Item 2.1 of Scope of Work.

2700 M3 Rs. ------------------------------------------per M3 (in figures)--------------------------------------------------------------------------------------------------------------------------------(in words)

7. Raw Water pump's suction sump covered under Item 2.2 of Scope of work.

1500 M3 Rs. ------------------------------------------per M3 (in figures)--------------------------------------------------------------------------------------------------------------------------------(in words)

8. SA-4 SA-5, SA-6in ETP covered under Item 2.3 of Scope of Work.

300 M3 Rs. ---------------------- -------------------per M3 (in figures)----------------------------------------------------------------------------------(in words)

9. Guard Pond-A near 132 KV sub-station covered under Item 2.4 of Scope of Work.

270 M3 Rs. ----------------------------per M3 (in figures)----------------------------------------------------------------------------------(in words)

10. Miscellaneous points covered under item 2.0 (a to e of Scope of Work.) (Lump sum rates)

a) B/W channels around gravity sand filter 01 Rs./operation------------------------------(in figures) ----------------------------------------------------------------------------------------------------------(in words)

b) B/W sump in PTP

02 Rs./ operation ---------------------------(in figures) ------------------------------------------------------------------------------------------------------------(in words)

c) Clarifier sludge sump in PTP

03 Rs/ operation----------------------------(in figures) ---------------------------------------------------------------------------------------------------------(in words)

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d) 12 SR-6 in ETP. 01

Rs/ operation------------------------------(in figures) -----------------------------------------------------------------------------------------------------------(in words)

e) Air stripper sump in ETP 01 Rs./ operation-----------------------------(in figures) -------------------------------------------------------------------------------------------------------( in figures)

11. Filling of sand covered under item 2.6 of Scope of Work.

(50 M3) Filling of sand Rs. ---------------------------------per M3 (in figures) ------------------------------------------------------------------------------------------------------------(in words)

12. Removal and filling of activated carbon covered under item 2.7 of Scope of Work.

(100 M3) Removal of carbon

Rs. -----------------------------per M3 (in figures) --------------------------------------------- ------------------------------------------------------------(in words)

(100 M3) Filling of carbon

Rs. ------------------------------per M3 (in figures) ---------------------------------------------- ---------------------------------------------------------- (in words)

13. Cleaning and disposal of sludge from new fire tank in PTP covered under item No. 2.8

630 M3 Rs. -------------------- ---------per M3 (in figures) -----------------------------------------------------------------------------------------------------------(in words)

14. Cleaning and disposal of sludge from west side lagoon, covered under item No. 2.9

600 M3 Rs. ------------------------------per M3 (in figures) -------------------------------------------------------------------------------------------------------------(in words)

15. Removal of Pall rings, from S.S. III in ETP, cleaning/descaling of Pall rings and putting back in stripper, covered under item No. 3.0 (Lump Sum )

01

Rs. ------------------------------- -------(in figures) -----------------------------------------------------------------------------------------------------------(in words)

(Contractor‟s signature & name) (Contractor seal )

Ref.No.- NFVP/Prod/CP&O/NIT-Chem/2016-17 Dated: 22.09.2015 ...

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Transcript of Ref.No.- NFVP/Prod/CP&O/NIT-Chem/2016-17 Dated: 22.09.2015 ...