SPECIAL INSTRUCTIONS TO TENDERERS · 1 Feitian Technologies Co.Ltd ePass2003 2 eToken Aladdin...

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National Fertilizers Limited (A Government of India Undertaking)

Vijaipur – 473 111, Dist: Guna (MP), India (An ISO 9001, 14001 & OHSAS 18001 Unit)

CIN No. L74899DL1974GOI007417

E-Tender ID – 1691

NIT No. NFVP/PROD /UREA-I/17/2017-19 Dated: 24-08-2017

SPECIAL INSTRUCTIONS TO TENDERERS

1. Mode of Tendering:

The Vijaipur Unit of National Fertilizers Limited intends to award the work contract of

“Assistance in Lubrication of Machinery, Safety & Pollution Control measures and miscellaneous

activities in Line-I and Line-II Plants (Ammonia & Urea) for 2017-19” through e-tendering

process under TWO PART BID system.

2. In the E-Tendering process, Offers are required to be submitted electronically in place of offers in

‘Hard Copy under Sealed Envelope’ as is being done conventionally. Tender Submission, Tender

Closing and Opening activities will be done electronically and online.

3. The NIT will be posted on our E-Tender Portal https://nfl.etenders.in from where vendors will be able

to download the tender documents for participation in the tender and submit their bids online.

4. Interested Vendors shall visit the URL i.e. https://nfl.etenders.in for downloading of tender

documents, bid preparation, hash submission and bid submission etc. The Tenders shall be duly

digitally signed and encrypted by the Tenderers using their Digital Signature Certificate.

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

be entertained.

6. Digital Certificate

As per IT Act 2000, it is mandatory for the tenderer to have a valid Class II and

above Digital Signature Certificate (Organization) with Encryption facility

issued by any of the valid Certifying Authority approved by Government of India for

participation in e-Tendering event at the time of submission of offer. The cost of Digital

Signature Certificate will be borne by the respective tenderer.

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

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

we have made arrangements to get the Digital Signature Certificates from M/s.

NexTenders (India) Private Limited, who have been appointed by NFL as

Service Provider for its e-procurement solutions, on payment of necessary fees.

https://nfl.etenders.in/


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List of E-Tokens supported on our E-Procurement Portal https://nfl.etenders.in is as under:-

(A Tab titled as “Test Certificate” is available on the home page of our E-Tender Portal.

Tenderers can check whether the E-Tokens they are going to use on our portal is

acceptable or not by clicking on this Menu)

S.No. Manufacturers of E-Tokens Token Name

1 Feitian Technologies Co.Ltd ePass2003

2 eToken Aladdin E-Token

3 Giesecke & Devrient GmbH Giesecke & Devrient GmbH (Moser Baer)

4 Digipass Key Vasco

5 Rainbow Technologies Inc., Safenet iKey 2032

6 Feitian Technologies Co. Ltd Auto ePass 2003

7 WD Proxkey Grey/SPC Token WD Proxkey Grey/SPC Token

8 Trustkey (TKC) Trustkey (TKC)

9 Bit4id – Universal MW Bit4id – Universal MW

7. The entire responsibility of protecting their own Login ID and the Password and keeping their Digital

Signature Certificates safe so that it is not misused by any other person rest with the Tenderers only.

8. All the vendors participating in the online e-procurement have to abide by the process involved in the

entire workflow of the e-procurement.

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

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

Capacity (Minimum)

ii. Operating System required:-

i. Window 7 Ultimate / Professional / Enterprises / Ultimate

ii. Window XP (Service Pack 3 and Above)

iii. Internet Speed of 512 kbps or above

iv. Browsers: Preferred Browsers Mozilla Firefox/Google Chrome/Opera with latest updates

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

vi. Java 7 Update 67 (Updated 32 bit Java version) & newer versions

vii. Java Settings

i. Download and Install Java 7 Update 67 available under ‘System Requirement’ Tab on

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

ii. After installation, open Control Panel and Click on Java Icon

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

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

click ‘Add’ Tab and ‘Ok’ Tab

iv. Open the Java Control Panel and Click the tab ‘Advanced’

v. Select ‘Show Console’ under Java Console

vi. Select ‘Always Allow’ under JNLP File/MIME Association

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

Trusted) Security Verification

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

on https://nfl.etenders.in and the eProcurement portal will be available

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

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

user access.






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Note: - Please refer Bidders’ Manual which is available on the home page

https://nfl.etenders.in for system requirement, browser configuration, procedures

etc.

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

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

1. National Fertilizers Limited (For Tender details)

Name : Shri R.S.Sharma, Senior Manager – Production

Contact No.: +91 93005 63339, Email: [email protected]

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

Technical Support Contact (For Vendors):

Name: Mr. Prateek Parashar, Email: [email protected] Contact No: 09811038892

Support Team: Desk No. 2, Email: [email protected] Contact Nos. 091672 46751 / Landline No. 020 – 30187500 Support Timings: 9.00 AM to 8.00 PM (Mon to Fri), 9.00 AM to 6 PM (Sat) For Digital Certificate Support:

Name:Mr. Shailesh Vakil, Phone No. 022 – 2661 1117 Mobile No.: 098202 93499, Fax No. 022 – 2661 1285

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

the Scope of work, Commercial Terms and Conditions, General Terms and condition etc. as given in

tender documents before proceeding for preparation of Online Bid.

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

closing date and time of receipt of tenders.

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

In case any Vendor submits any invalid bid due to any reason whatsoever including typing

mistake/human error, such invalid bid will be disqualified and such vendor shall not be allowed to

further participate in that tender. The remaining process shall be completed considering the other

valid bids.

14. For submitting price bid, tenderers will have to use a Class II or Class III Digital Signature Certificate

issued by any India CA approved by CCA of India as per IT Act 2000. The same can also be taken

through NFL’s service provider i.e. M/s. NexTenders (India) Private Limited on payment of necessary

fees.

15. It is mandatory for the vendors to use the digital certificate in all their bidding Process.

16. Tender Schedule:


mailto:[email protected]



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The Notice of issue of Tender Enquiry and Detailed Schedule for downloading the NIT

documents, Submission of Bids, Tender closing and opening, and subsequent clarification/

amendment in schedule etc. shall be displayed on www.nationalfertilizers.com.

https://eprocure.gov.in.

Tender Schedule shall be as under:

S. No. Tender Stage Date and Time

1 Downloading of Tender Documents – Start Date and Time

04/09/2017 at 16:00 Hrs

2 Downloading of Tender Documents – End Date and Time

05/10/2017 at 14:00 Hrs

3 Bid Submission – Last Date and Time

05/10/2017 at 15:00 Hrs

4 Part-I Bid (i.e. Unpriced Techno-Commercial) Opening – Start Date & Time

05/10/2017 at 15:30 Hrs

5 Part-II Bid (i.e Priced Bid) – Start Date and Time

Will be intimated to those Bidders only whose Bids are technically accepted by NFL

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

particular activity cannot be done unless the schedule for the same is extended/

amended. Similarly no activity can be done before start date & time specified for

that particular activity unless the schedule for the same is preponed/amended

17. The activity defined for vendors are Download of Tender document, Bids Preparation and Hash

Submission, Re-encryption of Online bid, uploading of bids.

18. During the Download sequence, the vendors who have been invited will be able to download the

main tender document and the supporting documents.

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

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

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

committed to be part of the bid. The bids will be prepared and hashes will be generated and signed

envelope-wise. The signatures will be done digitally using DCs.

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

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

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

that has been assigned to this tender.

21. Tender Opening:

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

representatives of Vendors who wish to attend the price bid opening. The submission of

bids may however be done by vendors from their office or from place of their choice or

they can visit our Vijaipur Office and use NFL’s facilities for preparation and submission

of their bids. However bids cannot be submitted after the bid submission due date &

time as per the schedule. Price bid of all the vendors who are techno-commercially

acceptable shall be opened electronically.

http://www.nationalfertilizers.com/

https://eprocure.gov.in/

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22. The contract shall be finalized on lowest tendering basis.

23. NFL reserves the right to negotiate with the lowest bidder at its sole option. In such case, the

negotiations shall be held with the lowest bidder only at NFL Vijaipur and prior intimation shall be

given by NFL to such bidder.

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

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

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

the live tendering. However in case the system could not be restored within the

reasonable time period as deemed fit by NFL, the following remedial measures shall be

taken under such an eventuality:

1 Tender is prepared and released but

vendors are not able to submit their

bids.

The due date of closing/opening shall be

extended suitably.

2 Bids have been submitted but the same

cannot be opened by NFL.

The due date of opening shall be

extended suitably.

26. Earnest Money Deposit:

Tenderers must submit Earnest Money Deposit of Rs. 1,00,000/- (Rupees One Lakh

only) as per the manner indicated in the NIT document. NFL takes no responsibility for

the delay, loss or non-receipt of EMD sent by post/courier.

The Earnest Money Deposit is to be deposited with NFL by way of Demand Draft.

Though the Vendor is required to upload the scanned image of DD, however, it may be

noted that the DD must reach us before the techno-commercial un-priced bid opening

date.

27. No interest shall be payable either on Earnest Money Deposit or Security Deposit.

28. GST of Vijaipur Unit

Taxpayer’s Trade Name : National Fertilizers Limited, Vijaipur, Guna

Taxpayer’s Legal Name : National Fertilizers Limited

Provisional ID Number : 23AAACN0189N2ZB

PAN : AAACN0189N

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REF. NO. : NFVP/PROD /UREA-I/17/2017-19 DATED: 24-08-2017

To

…………………………………………

…………………………………………

…………………………………………

Sub.: Assistance in Lubrication of Machinery, Safety & Pollution Control measures and

miscellaneous activities in Line-I and Line-II Plants (Ammonia & Urea) for 2017-19

e-Tender is invited by DGM (Prod.), National Fertilizers Ltd., Vijaipur, Dist. Guna (M.P.) - 473111 for

the work as mentioned below :

1. Name of Work : Assistance in Lubrication of Machinery, Safety & Pollution

Control measures and miscellaneous activities in Line-I and

Line-II Plants (Ammonia & Urea) for 2017-19

2. Earnest Money : Tenderer to submit Earnest Money of Rs.1,00,000/- (Rupees

One lakh only) in the form of Demand Draft in favour of

National Fertilizers ltd, Vijaipur payable at State Bank of India,

Bavrikhara Branch (Branch Code 8455). Tender received

without EMD shall be rejected.

3. Tender Fee : Tenderer to submit separately Rs.1000.00 (inclusive of GST) in

the form of Demand Draft in favour of National Fertilizers

Limited, Vijaipur payable at State Bank of India Bavrikhara,

Branch Code: 8455 as Tender cost.

4. Period of work : Two years from the date of award of work and extendable

For three months on the same rates, terms & Conditions, if

mutually agreed.

5. Estimated value of the work: ₹ 1,35,05,400/- (for two year)

6. Downloading of tender document start date and time : 04/09/2017 at 16:00 Hrs

7. Downloading of tender document end date and time : 05/10/2017 at 14:00 Hrs.

8. Bid submission last date and time : 05/10/2017 at 15:00 Hrs.

9. Part-I bid (unpriced techno commercial) opening : 05/10/2017 at 15:30 Hrs.

10. Part-II bid (priced bid) opening : Will be intimated by NFL

11. Place of Opening of e Tenders: Office of DGM (Prod) NFL, VIJAIPUR ,GUNA

12. All requests for interpretation, clarification & queries in connection with tender shall be

addressed in writing to issuing Authority e.g. Sr. Manager (Prod.) Urea-I e-mail ID:

[email protected] at least 7 (Seven) days prior to the closing date of the tender.


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

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

tenders for the acceptance.

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

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

15. Tender fee and earnest money shall be deposited in sealed envelope as mentioned below:

16. Envelope: Will be super scribed as “Earnest Money” and “tender fee” for Tender “Assistance in

Lubrication of Machinery, Safety & Pollution Control measures and miscellaneous

activities in Line-I and Line-II Plants (Ammonia & Urea)” for the years 2017 - 19 at N.F.L.,

Vijaipur and shall contain Earnest Money deposited of Rs. 1,00,000/- (Rupees One Lakh only)

and tender fee of Rs.1,000/- in the form of a A/C Payee Demand Draft drawn on any Scheduled

Bank in favour of M/s. National Fertilizers Ltd., payable at Vijaipur, along with authenticated

copies of I-Tax, PAN, PF Registration Certificate from Provident Fund Authorities etc. shall be

addressed to DGM (PROD) NFL VIJAIPUR GUNA (MP) PIN :473111.

17. Opening of Tenders as per the procedure of e-Tendering.

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

representatives of Vendors who wish to attend the price bid opening.

18. The following documents are to be uploaded with the e-Tender, failing which the tender will be

liable for rejection:

a) Declaration Forms I & II

b) An affidavit as per Annexure B, on non-judicial Stamp Paper of min Rs. 10.00 duly

attested by Notary.

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

holiday by any institutional agency/Govt. Dept../ Public Sector Undertaking in

the last two years for participating in the tender.

ii. No other firm/sister concerns/associates belonging to the same group is

participating/submitting tender for the job.

c) Bidders will sign the Integrity Pact as per Annexure-IV since estimated value of the

contract is more than one crore.

d) Other details are as under:

i. PAN(Permanent Account No.) issued by Income Tax Dept.

ii. GSTIN / Accounting Code if applicable.

e) Power of attorney in the Name of the Person, who has signed the Tender Document.

f) Photocopy of cancelled cheque

19. 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 Proforma enclosed for Schedule of Price.

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

with the tender documents.

21. 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.

22. While uploading the offer, bidders may ensure that tender documents/offer has been signed by

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

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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.

23. 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.

24. The Tender shall be addressed to DGM (PROD) NFL VIJAIPUR GUNA (MP)

Thanking you,

Yours faithfully,

For M/s. National Fertilizers Ltd.

(T.K.Batra)

DGM (Production)

National Fertilizers Ltd.

VIJAIPUR-473111

Guna (MP)

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ATTACHMENT – A

NAME OF WORK: - ASSISTANCE IN LUBRICATION OF MACHINERY, SAFETY &

POLLUTION CONTROL MEASURES AND MISCELLANEOUS ACTIVITIES IN LINE-I AND

LINE-II PLANTS (AMMONIA & UREA) FOR 2017-19

INSTRUCTIONS TO BIDDERS

1.0 No oral telephonic or telegraphic bids will be entertained.

2.0 The bidders shall submit a Bank Draft of Rs. 1,00,000/- (Rs. One lakh only)towards Earnest

Money Deposit along with one set of this document duly signed on each page as token of

acceptance of all terms and conditions to be uploaded. The following documents are also required

to be uploaded by the tenderer: -

a) PF Code Number.

b) Details of similar works carried out and completed during the last three years.

c) PAN No issued in the name of firm /company/ masseurs, not in the name of proprietor.

3.0 The bidders shall acquaint themselves fully and thoroughly with the local conditions and

limitations including the scope requirement and official/statutory regulation confirming to which

and subject to which services are to be performed. Failure to comply with the above mentioned

requirements will not absolve the bidders of their obligations and duties under the contract in the

event of their bids are accepted. Nor any claim whatsoever shall be entertained on the plea of

ignorance.

4.0 No amendments to the bid will be allowed under any circumstances after the closing date and

time for the receipt of bids.

5.0 NFL Shall be under no obligation to entertain/accept any claim/demand of the bidders or the cost,

charges or incidentals or in connection with the preparation and submission of bids.

6.0 NFL shall have sole discretion to withdraw the invitation to bids or reject any or all bids without

assigning any reasons thereof. No correspondence in this behalf shall be entertained.

7.0 NFL reserves the right to postpone the bid opening date and/or time, and in such event the

revised schedule shall be duly notified to all concerned.

8.0 NFL reserves the right to accept or reject any bid in whole or in part and NFL's decision in this

regard shall be final and binding.

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

10.0 The bids shall be accompanied by earnest money deposit of Rs. 1,00,000/-( Rupees OneLakh

only) by way of DD only from a scheduled/Nationalised Bank in favour of National Fertilizers

Limited payable at State Bank of India, Bavrikhara Branch (Code-8455). Bids without EMD

shall be summarily rejected.

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11.0 The EMD shall be forfeited in case, bidder after having submitted the bid withdraws the same or

change quoted price or any condition of bid within the period of validity or in case the bidder

after intimation from NFL of acceptance of its bid either wholly or in part, refuses to enter into

contract.

12.0 EMD of the successful bidder shall be adjusted against Security Deposit or refunded on

submission of Security Deposit in the form of Bank Guarantee as per the terms and conditions of

the contract.

13.0 EMD of the unsuccessful bidders shall be refunded.

14.0 EMD/Security Deposit will not carry any interest.

15.0 The Technical and Un-priced commercial bid (e -Tender) will be opened on-------------at-----------

in the presence of the bidders who wish to be present. The bidders who are not in position to

make them present, their authorized representative may be present. The authorized representative

shall submit written authorization issued by the bidder.

16.0 On the scheduled date of opening (e-Tender) of Technical and Commercial Un-priced Bid &

EMD will be opened. The bids opened will be examined and price Bids (Schedule of rates) of

that/those bidder/bidders will be opened whose Technical &Un-priced Commercial Bid and

EMD, found to be technically acceptable and are supported with proof of document as mentioned

under clause no.2 above. Decision of NFL in this regard shall be final and binding on bidders.

17.0 The prospective bidders having any partner/director/Managing Partner etc. with substantial

interest or having any business/family relations or any other common criteria, which indicate

about their link/relations etc. shall be considered as Sister/group/associate Company. In such a

case, out of all bids received from such concerns, only one of them will considered for opening.

The bidder is requested to indicate against which concern they will be interested to do the job. In

case no mention is made about the same or if two or more sister concerns are interested to do the

job, then NFL at its own discretion shall decide prior to bid opening which shall be binding to the

bidder.

18.0 The following information may be furnished:

1) Acceptance for release of payment by ECS / EFT from our Bank i.e. SBI Bavrikhara, branch.

Branch code 8455 NFL complex Vijaipur, 473111, Dist.Guna (MP).

2) The details of Tenderer A/C No in any branch of SBI.

3) Name, address, branch, branch code, RTGS code & MICR No. of the tenderer’s bank.

19.0 Bid forms shall be filled by the bidders neatly and accurately. Any alteration, erasing or

overwriting should be avoided / initialled.

20.0 Bidders should quote the rates both in figure and words. In case of any discrepancy, rates

quoted in words shall be applicable.

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21.0 All the requests for interpretations, clarification in connection with bid document shall be

addressed in writing to the Sr. Manager (Prod) Urea-I , NFL, Vijaipur at least seven days

prior to the closing date of the bid.

22.0 Incomplete bid or bids received late shall be summarily rejected without further reference

whatsoever. NFL reserves the right to reject any or all bids without assigning any reason thereof.

23.0 Bidders are advised to inspect and examine the site and local conditions, the form and nature of

the site, the means of access to the site, the accommodation they may require and in general shall

themselves obtain all necessary information as to risks, contingencies and other circumstances

which may affect the execution of bid before submission of bid. A bidder shall be deemed to have

full knowledge of the site and no extra cost consequent on any misunderstanding or otherwise

shall be allowed.

24.0 NFL reserves the right to accept the lowest or any other bid.

25.0 Goods and services tax (GST)

1) Goods and services tax (GST): “GST, if applicable for the work under the present contract,

shall be paid by NFL. The contractor is to provide documentary evidence for registration under

GST for the said contractual work/services. Liability of NFL shall be restricted to the amount of

GST only and any interest/penalty etc. shall be to the contractor’s account. The contractor must

submit the documentary evidence/claim for levy of deposit of GST immediately after its deposit.

NFL can withhold the payment due to non-compliance of GST rules.”

2) The bidder shall sign each page of the documents in token of acceptance of the terms and

conditions contained therein and submit the same along with technical bid in envelope - II.

3) Every bid shall be made in English Language. In addition to English, bid in Hindi may also be

submitted. In case of any conflict, the bid submitted in English shall govern.

4) Bid containing eraser and alterations of the bid documents are liable to be rejected unless the

persons signing the bid documents authenticate these.

26.0 The tenders shall be liable to summarily rejection in the following conditions:

a) If the tenderer resort to canvassing.

b) If the tenderer does not fulfill Eligibility Criteria or any of the conditions laid down in the

tender documents are incomplete in any way / respect.

c) If tenders containing any uncalled for remarks or any alteration/additional conditions.

d) Tenders without EMD or cost of tender document.

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

or interest.

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27.0 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 2016-17, 2015-16, 2014-15 should be at Rs. 20 lakh

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. 27 lakh each

or

b. Two similar completed works costing not less than the amount equal to Rs. 34 lakh each

or

c. One similar completed work costing not less than the amount equal to Rs. 54 lakh.

iii) Similar work means Assistance in Lubrication of Machinery, Safety & Pollution Control

measures, handling of chemicals and other miscellaneous activities like up-keeping of plant

premises & machineries etc. material handling in the plants involving deployment of labor, in any

fertilizer plant, refinery, petrochemical, cement and other process industries.

iv) Solvency Certificate 30% minimum of the cost of contract value i.e. Rs. 20 Lac issued by any

Nationalized Bank issued not earlier than six months from the date of Bid submission date.

28.0 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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ATTACHMENT – B

NAME OF WORK: - “ASSISTANCE IN LUBRICATION OF MACHINERY, SAFETY &


LINE-II PLANTS (AMMONIA & UREA) FOR 2017-19”

(A) SCOPE OF WORK: APPLICABLE TO LINE- I AND LINE- II PLANTS

1) Assistance in Lubrication of machinery and other plant activities.

The details of the jobs under above operation will be:

a) Lubrication of rotating equipment in Ammonia & Urea Line– I &Line-II Plants. This will include

shifting of filled/ empty oil and grease drums.

b) Preparation and dosing of chemical solutions in GV section, cooling towers and KS-1 solution

charging in CDR.

c) Maintenance of filters and solution tanks in clean conditions.

d) Keeping of plant area around machinery free from oil and other spillages. Job will include

keeping the entire area free from any spillages, dirt, combustible material, oil, bird excreta etc.

The trenches/drains in the above area shall be cleaned regularly as directed by EIC.

e) Desludging of underground pits, trenches and drains.

f) Maintenance of Cooling Tower decks in clean condition.

g) Collection of oil from plants drains & storm water drains and disposal of the same in disc oil pit

or any other designated place.

h) It shall be ensured that the drains/trenches in the Plant Area are not choked due to irresponsible

dumping of waste material in to the drains/trenches, and the same is dumped at specified places

only.

i) Cleaning of outer surface of Secondary Reformer of algae formed by continuous water spray &

cleaning of Primary Reformer Burners as may be required in Amm- I & II Plant.

j) Replacement/ Cleaning of resin in the resin beds of condensate polishing units of Ammonia – I,

as may be required.

k) Any other related/associated job, which may arise in the plant as per requirement.

All the above jobs shall constitute one operation. Except otherwise directed by EIC. The jobs will

normally be carried out in general shift hours i.e.; between 8:00 AM to 5:00 PM excluding lunch break of

one hour.

2.0 Assistance in Safety & Pollution Control measures:

Details of jobs that are required to be carried out under above operation are:

a) Up keeping / cleaning of safety appliances under supervision of NFL supervisor within the plant

area including their shifting to different locations.

b) Fixing/removal of hoses on Service air, Service water, Nitrogen and low-pressure steam.

c) Blocking the plant drains in case of escape of pollution causing effluents within plant area.

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d) Dosage of acid and/or ferrous sulphate etc. into drains/pits to neutralize the pollutants.

e) Keeping ET-1/21 & ET-2 /22 chutes clear of any choking/lumps and removal of spilled urea from

these belt conveyors. All the above jobs shall constitute one operation. As and when required, the

jobs under this operation may have to be carried out on round the clock basis. The contractor may

be required to get the jobs done at short notice during emergencies.

3.0 Prilling Tower Louvers, Scrapper, Scrapper Floor and ET-1/ET-21 belt slit descaling:

The job involves descaling of accumulated urea from Scrapper arms, PrillingTower Top louvers,

Scrapper-floor and ET-1 / ET-21 slit. The job has to be completed satisfactorily within a period

of 2 hours as the job involves Prilling shutdown of urea plant. The responsibility of supervision

and satisfactory completion of the job within the allowed time period lies with the contractor.

The descaling frequency is expected to be once in 15 to 20 days for Urea Line- I Plant and once

in 20 to 25 days for Urea Line- II plants.

4.0 Dissolving of lumped / off-grade urea.

a) Dissolving of off grade urea received from bagging plant. The job includes shifting of urea bags

up to the dissolving tank from the stack near dissolving tank area where material from bagging

plant is unloaded.

b) Dissolving of urea lumps recovered during descaling operation of Louvers, Scrapper arms,

Scrapper floor & Prilling Tower top well. (The job also includes shifting of lumped urea from

ET-1/ET-21 hopper area up to dissolving tank in bags or otherwise as directed.

c) Dissolving of off grade urea accumulated during plant upsets like hopper choking, spillage etc.

The job may have to be carried out on round the clock basis if the requirement arises. Estimated

quantity of urea to be dissolved per year is 6000 MT for Urea Line- I Plant and 400 MT for

Urea Line- II Plant.

5.0 Removal of Honey Bees Combs:

Colonies of Honey Bees develop every year on pipelines, structure at different heights & different

working areas in plant premises. The job involves,

1) Killing the bees with pesticides with the help of spray gun.

2) Removing the Honey Bee combs thoroughly

3) Applying oil / grease after removal of the comb

The pesticide-spraying job has to be undertaken after dusk. The job has to be carried out safely at

contractor’s responsibility with adequate manpower. The pesticide and the spray gun have to be

arranged by the contractor. Pesticide application for 3 to 4 Hrs or more as required per day will

constitute one operation. Contractor shall quote rates on operation basis.

6.0 Assistance in short shut downs (unplanned):

Experienced man power is required to execute various plant activities which may occur

(unplanned) during short shut downs. The activities have been described as followings.

a) Prilling Tower dry/wet cleaning.

b) Oil console cleaning, oil filters cleaning and oil charging.

15

c) Fixing of fire hoses, air and steam hoses.

d) Fixing of online air mask and providing safety appliances to the working persons in case of

leakages in the plant.

(B) SCOPE OF WORK: APPLICABLE TO LINE- I PLANTS ONLY.

7.0 Cleaning of Dissolving Tank & Filters:

The job involves cleaning of two number dissolving tanks & associated filters & strainers. The

tanks shall be cooled, drained & physically cleaned of all mucks. The other material removed from

tanks & filters shall be safely dumped / disposed to the area ear marked for the purpose within the

vicinity of two Km. from the place of work or directed by Engineer in charge.

(C) SCOPE OF WORK: APPLICABLE TO LINE- II PLANTS ONLY.

8.0 Removal, Cleaning and Charging of Sand/pebbles in Cooling Water Side Stream Filters

The job involves removal of sand and/or pebbles from the Side Stream CW Filters, Cleaning the

Dirt from Sand/ pebbles, screening the Sand & pebbles and refilling the used / new sand/pebbles

into the filters. Sand filters shall also be cleaned from inside before charging the sand. Approx.

quantity of Sand to be handled shall be around 54 M3 in Line-II plants.

9.0 Shifting and Cleaning of Gas Turbine/PAC suction filters:

The job involves bringing the filters down from filter house, cleaning by air, washing & drying of

decron sleeves and lifting back the filters to filter house. Estimated no. of operations shall be 02

(Two) during the contract period.

16

ATTACHMENT - C

NAME OF WORK: - “ASSISTANCE IN LUBRICATION OF MACHINERY, SAFETY &


LINE-II PLANTS (AMMONIA & UREA) FOR 2017-19”

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-E.

1.2 It should be ensured by bidder that the rates quoted by him are inclusive of all applicable taxes,

except GST. Deductions of GST at source plus surcharge thereon at applicable rate of the gross

valueof bills shall be made from the contractor’s bill for depositing with the GST authorities as per

provision of the respective states GST ACT. 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, cess and statutory levies imposed by central or

state act shall be borne and paid for by the bidder. Payment of all taxes, cess and other statutory

levies by central or state shall be sole responsibility of the bidder and shall not be payable by NFL.

1.3 “GST, if applicable for the work under the present contract, shall be paid by NFL. The contractor

shall provide documentary evidence for registration under GST for the said contractual

work/services. Liability of NFL shall be restricted to the amount of GST only and any

interest/penalty etc. shall be to the contractor’s account. The contractor must submit the

documentary evidence/claim for levy of deposit of GST immediately after its deposit. NFL can

withhold the payment due to non-compliance of GST rules/.”

For the purpose of reimbursement of GST, contractor is required to submit in writing on the letter

head of their firm an Undertaking and certificate that:

i. The bidder must mention GST Identification Number (GSTIN) and the Accounting Code No. in

the invoice/receipts. The bidder shall indicate the applicable rate of GST in their offer.

ii. In respect of Invoice No.____________dated ____________for Rs. ________against Work Order No._________________________dated____________in accordance with the GST Act/rules, GST amounting to Rs._______________________has been deposited with Gov. of India on dated_____________vide Challan No. _______dated_____(copy enclosed)

iii. I undertake to indemnify NFL against any loss or liability arising to NFL in connection with

GST related to above Work Order.”

iv. I also undertake that I will deposit the GST amount in time & also submit the GST return form

well within stipulated time schedule so that NFL can avail tax credit on GST immediately.

17

1.4 The rate quoted by the contractor/ tenderer will be firm during the currency of the contract and will

not subject to escalation irrespective of any increase what so ever except any increase in minimum

wages as directed by the Government of Madhya Pradesh ( After notification by the Central Govt.

).The escalation in wages if any will be reimbursed as per the following formula.

Amount to be reimbursement on account of escalation of minimum wages =

Billed amount x 0.65x (Increased minimum wages -Wages at the time of technical bid opening)

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

Wages at the time of technical bid opening

1.5 Security Deposit

The security Deposit together with initial Deposit shall be 10% of the contract/Works order value.

Initial security Deposit (ISD) shall be 2.5 % of the contract Work Order Value which is required to

be deposit within 10 days of the issue of the letter of intent by the successful tenderer. EMD can be

adjusted against SD.

The balance amount can 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 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 Certificate’ from executive department after expiry of ‘Defect liability period’ of three

months.

2.0 TERMS OF PAYMENT

2.1 Payment shall be made against monthly bills duly certified by Engineer-in-charge.

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 Following deductions will be made from monthly bills:

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

ii) Security deposit.

iii) Penalty if any.

2.4 The bidder shall maintain a Muster-Roll/Wage register in the prescribed pro forma and shall obtain

signatures/thumb impressions of the workers in token of their having received the payment. Either

a duplicate copy of Master-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

18

with his bill to the Department concerned for onward transmission to the Accounts Department and

only then payment to the bidder shall be made.

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

laws as well as the rules, regulations, by-laws and orders of the local authorities and statutory

bodies as may be in force, from time to time. Any failure on this count on the part of the bidder and

the consequences thereof shall be solely on account of the contractor. Liability if any, under this

head, shall be solely borne and paid for by the Bidder. If under any circumstances, NFL is called

upon to make payment on this count, NFL will be at liberty to recover the same either by deducting

it from the security deposit/earnest money or from any other sum due from NFL to the bidder

whether under this contract or otherwise.

3.0 PENALTY

In case the contractor fails to execute the job as per the specifications, to the satisfaction of

Engineer-in-charge or does not complete the job (particular operation) within the prescribed

period, then a deduction of 10 % against the value of that particular operation shall be made from

the corresponding monthly bill as penalty.

4.0 PERIOD OF CONTRACT:

The contract shall be valid for a period of 24 months and can be extended for further period of

three month on the same rates terms & conditions on mutual agreement by both, the contractor as

well as N.F.L.

5.0 AGREEMENT:

Bidder shall enter into an agreement with NFL on a non-judicial stamp paper of Rs.1000/- (cost

to be borne by the bidder) within a period of 10 days from the date of issue of Work Order or

before start of the job whichever is earlier. No payment shall be released in the absence of the

agreement.

NFL reserves the right to split the contract separately for Line- I and Line –II plants and

subsequently separate work order shall be issued for Line- I and Line – II Plants based on the

rates quoted by the Contractor.

19

ATTACHMENT – D

NAME OF WORK: - ASSISTANCE IN LUBRICATION OF MACHINERY, SAFETY &


LINE-II PLANTS (AMMONIA & UREA) FOR 2017-19

GENERAL TERMS & CONDITIONS OF THE CONTRACT

1.0 The engineer-in-charge (EIC) shall be authorized to monitor the jobs as per requirements of the

contract. He will be the competent authority to decide whether the job has been done strictly in

conformity with the technical or other specifications. His decisions in regard to execution of work

shall be final. The Engineer-in-Charge shall be the final authority to decide upon the dispute (s)

that may arise during the execution of the contract. If no settlement of dispute (s) is arrived at, the

dispute (s) shall be referred to the arbitration as per the terms of the contract.

2.0 The contractor may depute such persons as he may think fit. The persons/labours so appointed

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

employment of NFL. The control and supervision of the persons employed by the contractor shall

vest with the contractor.

3.0 The contractor shall immediately remove from the works any workman/person employed thereon

by him who in the opinion of EIC is incompetent to handle the job or misconducts with the

fellow workers, officers and supervisors of NFL and / or who may be a security threat in the

opinion of CISF.

4.0 Contractor shall ensure that the work is carried out efficiently. Labour deployed by the contractor

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

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

the factory premises.

5.0 NFL shall be under no obligation to provide accommodation to the Engineer / labour / workman

whether skilled or otherwise deployed by the contractor to execute the jobs under the contract.

Contractor will make his own arrangement for office, residential accommodation and transport of

his workmen. NFL shall entertain no claim/demand from the contractor in this behalf.

6.0 The contractor shall make the payment of wages to the employees deployed by him for execution

of the jobs under this contract in accordance with the Wages notified from time to time by the

20

State Govt. and/or any statutory body or authority without any deductions (save and except

statutory deductions).

The payment to each worker employed by him as contract labour shall be made up-to and within

7th day of the following month. The wages shall be disbursed to the worker in the presence of the

authorised representative of the principal employer (NFL).

In the event the contractor fails to make payment of wages within and up-to 7th day of the

following month or makes short payment, the principal employer shall reserve the right to make

payment of wages in full or the unpaid balance due, as the case may be, to the contract labours

employed by contractor and recover amount so paid from the contractor either by deduction from

any amount payable to the contractor under the contract or as a debt payable by the contractor.

The contractor shall have no right whatsoever to claim escalated wages consequent upon

notification by the State Govt. from NFL after the award of the contract.

7.0 The contractor shall indemnify and keep indemnified NFL against all losses and claims for

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

of the execution of the works and against all claims, demands proceedings, damages cost charges

and expenses whatsoever in respect of or in selection thereto.

8.0 The contractor shall at all-time keep NFL indemnified against all claims, damages, compensation

under the provisions of the payment of the Wages Act 1936 Minimum Wages 1938 employees

liability Act 1938, the workmen compensation Act 1923 equal remuneration Act 1938,

employment of child labour Act 1938, Abolition of bounded labour Act and the contract labour

(Regulation and abolition) act 1970 or any other act regulating the employment of labour by the

contractor.

9.0 The contractor shall hand over the site in neat and clean condition to the Engineer-in-Charge or

the officer/officers authorized by the EIC on completion of the jobs assigned to him under the

contract. The contract shall be deemed to be closed only after issue of satisfactory completion

certificate by EIC.

10.0 Contractor shall depute supervisor for smooth conduct of all the jobs under this contract, who shall

be available at site. Contractor shall nominate a person as his duly authorized agent and make

such arrangements that the instructions for carrying out the jobs in emergencies can be conveyed

immediately.

11.0 NFL shall provide tools and tackles required for execution of the job.

12.0 Contractors shall ensure to get the work carried out at periods as and when required. Contractor

shall make arrangement for this purpose as & when required. NFL will make no separate payment

to contractor on this account

13.0 Contractor shall follow all applicable safety regulations. Contractor shall provide personal

protective equipment like Safety Shoes, Safety Helmet, Hand Gloves and Dust Mask etc., at the

commencement of work.

14.0 Person deployed by contractor shall not tamper with or disturb any machine or installation. NFL

reserves the right to claim adequate compensation from the contractor on account of any damage

21

caused to the equipment due to careless handling or negligence on the part of person deployed by

the contractor.

15.0 All the employees of the Contractor deputed for the job shall be able-bodied men above the age of

18 years. No child labour shall be deployed by contractor.

16.0 The contractor shall allow weekly rest to the workman as per provision of the factories Act. This

will be without any extra charges to NFL.

17.0 All documents relating to compliance with statutory and other provisions shall be available with

the contractor at all times at the place of work for any inspection.

18.0 If the contractor fails to fulfil his/its obligation as provided under the contract, NFL shall have the

right to get the work done by any other agency at the risk and cost of the contractor.

19.0 The contractor and NFL shall cooperate with each other and make best efforts for smooth

execution of the work and cooperate with and assist all the others who may be performing

services for the owner in connection with the work under the contract.

20.0 The contractor shall exercise all skill, care and diligence in the discharge of the services agreed

to be performed by him under the contract.

21.0 Workmanship shall be in accordance with established norms and procedures (or engineering

practice) and specified standards for the type of work executed under the contract. Contractor

shall have to take necessary remedial measures to make the defects good at his own cost without

involvement and liability of NFL in any manner. The contractor shall be responsible for the

proper workmanship irrespective of the fact that NFL raised no objection for defective

workmanship during the progress of the work.

22.0 The owner (NFL) shall be under no obligation to accept any claim, demand for the damages

caused due to adverse climatic conditions during the execution of the contract.

23.0 The contractor shall not sublet or assign the job or its part to any other party under any

circumstances without prior written permission/approval of the owner.

24.0 The contractor shall keep indemnified the owner against any claim which may be made under

the Workman Compensation Act or any statutory modification (s) thereto or otherwise for or in

respect any damage or compensation payable in consequence of any accident or injury sustained

by any workman or other person whether in the employment of the contractor or not.

25.0 If any information submitted by a tenderer at the time of submission of tender is found untrue

after the award of the contract or it is discovered that some information having a material bearing

on the contract has been concealed, NFL reserves the right to terminate the contract forthwith

without any prejudice to any right, remedy, claim etc. that may be suitable to NFL.

26.0 If the Engineer-in-Charge at any time determines that the work is not being executed as per the

time schedule, EIC may take such steps as deemed necessary to improve progress of the work at

the risk and cost of the contractor.

22

27.0 The contractor shall ensure that material used for execution of the contract is as per specification

of the contract. Any deficiency in this regard shall be to the accounts of the contractor. The EIC

shall be the final deciding authority whose decision shall be binding on the contractor.

28.0 The work shall not be considered as completed until the EIC has certified that the works have

been completed in accordance with the terms and conditions of the contract.

29.0 The contractor during the execution of the contract shall ensure proper safety to NFL’s property

as well as the employees. If advertently or inadvertently, any loss, damage is caused to NFL’s

property or any of its employees, such losses/damages shall be recovered from the sum due to

the contractor from the owner subject to the provisions contained in the contract.

30.0 The contractor shall at his own expense carry & maintain necessary insurance covers as required

under employees state Insurance Act 1948 and workman compensation act. Where ever applicable

for its employees or employee of the sub-contractor and shall indemnify NFL from any liability

whatsoever on this account.

31.0 NFL shall retain such sums as may be necessary from the total contract value until the contractor

shall furnish satisfactory proof that all contribution as required under ESI Act 1948 has been paid.

In case said Act is extended to the place of work.

32.0 The contractor will have to strictly adhere to the safety and other rules and regulations laid down

by NFL from time to time during the contract period.

33.0 A unilateral stoppage of work by the contractor shall be considered as a breach of the contract and

NFL reserves its right to take necessary and suitable action as it may deem fit to adequately protect

its interests at the risk and cost of the contractor. Any aforesaid action shall be without prejudice to

any other action, right and remedies etc. that may be available to NFL under the contract

34.0 Bidder has to fulfil following statutory obligations/payments:

a) Minimum wages to the workmen as per prevailing rates.

b) P.F. to his workers as per provisions of PF Act (guidelines attached at Annexure-I).

c) Min. statutory Bonus.

d) Leave salary.

e) Retrenchment compensation.

f) Contribution to group umbrella insurance covers.

35.0 The successful tenderer/contractor shall not stop the work in case of any dispute unless further

progress of works has been rendered impossible due to no-fulfilment of any reciprocal promise.

36.0 The terms of this contract entered into between the parties shall not be subject to amendment or

otherwise altered and no variation of the clauses of the contract shall be valid except pursuant to an

instrument in writing signed by each of the parties hereto. NFL shall not in the absence of its

23

specified written acceptance be bound by any provisions in the tenderer's offer, forms of

acknowledgement of contract, invoices, packing lists and other documents which may be advanced

in support of the contract.

37.0 Should a bidder or a contractor or in the case of a firm or Pvt.Ltd.company or contractor, one or

more of its shareholders have a relation or relations employed in the NFL, the authority inviting

tenders shall be informed of the fact at the time of submission of the tender failing which NFL may

on its own discretion reject the tender or rescind the contract.

38.0 If any tenderer knowingly try to generate obstacle or delay the tendering process with insignificant,

malicious or unfounded complaints / allegations or influence the tendering process by publicity or

rigging, then NFL reserves the right to evict such tenderer from participating in present/prospective

tendering process.

39.0 TIME LIMIT FOR ANY CLAIMS:

Under no circumstances whatsoever, shall the contractor be entitled to any compensation from the

NFL on any account unless the contractor shall have submitted a claim in writing, to the EIC within

one month of cause of such a claim occurring. Contractor shall be deemed to have waived off his

right to claim the same if the claim is not raised within one month.

39.0 TERMINATION / CANCELLATION OF CONTRACT:

NFL may terminate the contract if:

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

continues to do so after serving notice in writing of 3 days from The EIC, or

(b) If the contractor persistently disregards the instructions of the EIC or job to take steps to employ

competent or additional staff requires, or commits default in complying with any of the terms and

conditions of the contract and does not remedy it or does not take effective step to remedy it

within 3 days after notice in writing given to him by the EIC.

(c) If the contractor obtains the contract with NFL as a result of ring tendering or other non-bonafide

methods of competitive tendering or

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

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

(e) The contractor abandons the contract.

(f) In case contract is terminated, NFL at its sole discretion may forfeit security deposit & get the

work done from any other party at the risk & cost of contractor.

24

40.0 FORCE MAJEURE:

The term and conditions agreed upon under the contract shall be subject to Force majeure.

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

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

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

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

any sub-division thereof, or authority or representative of any such Govt. 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

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

and shall continue performance hereunder with the utmost dispatch whenever such causes are

removed. Should one or both parties be prevented from fulfilling their contractual obligation by a

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

meet and decide about the future course of action for implementation of the contract.

41.0 ARBITRATION CLAUSE

1. Conciliation & Arbitration:

1.1. “ Except where otherwise provided in the contract all matters, questions, disputes or

differences whatsoever, which shall at any time arise between the parties hereto,

touching the construction, meaning, operation or effect of the contract, or out of the

matters relating to the contractor breach thereof, or the respective rights or liabilities of

the parties, whether during or after completion of works or whether before or after

termination shall after written notice by either party to the contract be referred to the

arbitration of Designated Unit Head / E.D / Functional Director / Chairman & Managing

Director, National Fertilizers Limited or his / her nominee.

The Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the

rules made there under shall govern the Arbitration proceedings.

The Contractor hereby agrees that he shall have no objection if the arbitrator so appointed is an employee

of NFL and he had to deal with the matter to which the contract relates and that in the course of his duties

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

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

next arbitrator so appointed by the authority referred above may start the proceedings from where his

predecessor left or at any such stage he may deem fit.”

1.2. It is agreed by and between the parties that in case a reference is made to the Arbitrator or

the Arbitral Tribunal for the purpose of resolving the disputes / differences arising out

of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal

shall not award interest on the awarded amount more than the rate of SBI PLR / Base

Rate as applicable to NFL on the date of award of contract.

The venue of arbitration proceedings shall be at GUNA (M. P.).

25

2. Jurisdiction: Not withstanding any other court or courts having jurisdiction to try any civil suit

arising out of this contract, it shall be only the court of competent jurisdiction at Guna alone

(where the contract shall be deemed to have been entered into) to try such suits to the exclusion

of all other courts of the country and all causes of action in relation to the contract will

therefore be deemed to have arisen within the Jurisdiction of the Courts at Guna (Madhya

Pradesh) only.

42.0 CONTRACTORS OBLIGATIONS UNDER THE LABOUR LAWS

The Contractor shall be governed by the provisions of various Labour Laws like the Contract

Labour (R&A) Act, 1970, Employees' Provident Funds & Misc. Provisions Act, 1952, Factories

Act, 1948, Industrial Disputes Act, 1947, Workmen's Compensation Act, 1923, Maternity Act,

1961, Payment of Bonus Act, 1965, Payment of Gratuity Act, 1972, Minimum Wages Act, 1948,

Payment of Wages Act, 1936 MP Labour Welfare Fund Act. 1982 etc. and any other

Law/Legislation which may be applicable from time to time.

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

The Contractor shall get his liability under Workmen's Compensation Act, 1923 insured through

Insurance Company. Contractor shall also take Medical Cover for the workmen deployed by him

to cover the medical treatment in respect of his workmen.

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

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

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

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

his employees.

---------X----------

26

ATTACHMENT -E

NAME OF WORK: - ASSISTANCE IN LUBRICATION OF MACHINERY, SAFETY & POLLUTION CONTROL MEASURES AND

MISCELLANEOUS ACTIVITIES IN LINE-I AND LINE-II PLANTS (AMMONIA & UREA) FOR 2017-19

SCHEDULE OF RATES

Sr.No. JOB ACTIVITY NO. OF OPERATIONS

TWO YEAR Rate per operation

( in Rs.)

Total amount

For Line-I For Line-II Line-I Line-II

1 Lubrication of Machinery and other Plant activities covered

under item 1.0 of Scope of Work.(No. Of operations) 480 480

2 Assistance in Safety and Pollution control measures covered

under item 2.0 of Scope of work. (No. Of operations) 480 480

3 Prilling Tower Scrapper and Louvers descaling covered

under item 3.0 of Scope of Work. (No. Of operations) 40 36

4 Dissolving of off grade Urea covered under item 4.0 of the

Scope of Work (MT) 12000 800

5 Removal of Honey Bee Combs covered under item 5.0 of

Scope of work. (No. Of operations) 360 NIL

6 Assistance in short shut downs (unplanned) covered

under item 6.0 of Scope of work. (No. Of operations) 30 30

7 Dissolving tank cleaning covered under item 7.0 of Scope of

Work. No. Of operations) 40 NIL

8 Removal cleaning and charging of sand in cooling Tower

filters as per item 8.0 of Scope of Work. (M3)

NIL 108

9 Shifting and cleaning of GT/PAC suction filters as per item

9.0 of Scope of work. (No. Of operations) NIL 4

TOTAL

GRAND TOTAL

Signature of bidder

27

ANNEXURE-II

DECLARATION FORM-I

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

DGM (Prod.)

M/s. National Fertilizers Limited

Vijaipur-473 111

District Guna, Madhya Pradesh

Subject: Tender “Assistance in Lubrication of Machinery, Safety & Pollution Control measures and

miscellaneous activities in Line-I and Line-II Plants (Ammonia & Urea) for the year 2017 – 19” at

NFL, Vijaipur.

Sir,

I / We have read the conditions of the

tender attached here to and agree to abide by such conditions. I / We offer to do the “Assistance in Lubrication of

Machinery, Safety & Pollution Control measures and miscellaneous activities in Line-I and Line-II Plants

(Ammonia & Urea) for the year 2017–19” at NFL, Vijaipur work at the rates quoted in the attached Schedule of

Rates and in accordance with the inspection, standards and instructions in writing of the Engineer In-Charge of M/s.

National Fertilizers Limited and hereby, bind myself / ourselves to complete the work schedule and progress of

work.

I / We further agree to abide by the conditions of contract and to carry out all works within the specified

time in accordance with applications, workmanship and instructions referred to in the Notice Inviting Tender.

I / We agree to accept payment by ECS / EFT from your Bank i.e. SBI, Bavrikhara branch, Branch Code: 8455. Details

of my Bank A/c No. is as under:

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

Name & Address of the Branch : ________________________________________

Branch Code : ________________________________________

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

execute the contract as per the conditions mentioned in the tender document, failing which, I / We shall have no

objection to the forfeiture of the Earnest Money lodged with the National Fertilizers Limited, Vijaipur.

(Signature of Tenderer with Seal)

Name: ________________________________

Address: ________________________________

________________________________

Place: ________________________________

Date: ________________________________

28

ANNEXURE-III

DECLARATION FORM-II

THE FOLLOWING DECLARATION TO BE SIGNED BY CONTRACTOR

Sr. Description

1 If a Tenderer has relations whether by blood or

otherwise with any of employees of NFL (Owner),

the Tenderer must disclose the relation at the time

of submission of Tender, failing which, NFL shall

reserves the right to reject the Tender or rescind

the Contract.

YES / NO

(If Yes, give the following details)

Name & Designation

of the Employee

Place of

Posting

Relation

with the

Employee

2.

P.F. Registration No. of the Contractor to be intimated along with

Documentary proof thereof.

P.F. Registration

Number

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

thereof.

PAN No

4 GST Registration No. (Documentary proof to be attached)

Applicable GST Rate

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

29

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 Tenderer with Seal)

Name: ________________________________

Address: _________________________________

__________________________________

Place: ________________________________

Date: ________________________________

30

Annexure B

Affidavit

(On Non- Judicial Stamp Paper of minimum Rs. 10/- and duly attested by Notary)

We ____________________________________________, hereby under take our associates/sister

concerns etc. has not been black listed or put on holiday by any institutional agency/ Government

Department/ Public Sector Undertaking in the last two years for participating in the tender. We also

undertake that no other firm/sister concerns/ associates belonging to the same group is participating

/submitting tender for the job against this NIT.

Authorized Signatory

Attested by

31

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 ________________________________

32

DETAIL OF EXPERIENCE

PROFORMA NO. - 2

Tenderer shall give information of similar works done during the past five years strictly as per Proforma 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: ________________________________

33

PRESENT COMMITMENTS PROFORMA NO. - 3

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

Sr.

No. Name of work

Name & address of

Client with the

name of person

under whom the

work is being

executed

Contract

Value

Brief description of

work

Contracted

date of

completion

with the

date of start

of work

% age

complete

d as on

date

Expected

date of

completion

of balance

work with

approx.

value of

such

balance

work



Name: ________________________________

Date: ________________________________

Place: ________________________________

34

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: ________________________________

35

FORM-1

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

following information /documents complete in all aspects:-

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

2 Company Profile

A

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

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

partnership deeds/articles of association and memorandum of association

and power of attorney who is signing documents on behalf of

applicant/firm/company).

B Year of Establishment

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

submitted on enclosed Proforma - II)

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

separate sheet)

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

F Place of Business.

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

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 GST IN (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 Proforma-

2)

10

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

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

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

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

11

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

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

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

employment given to such persons at later date).

12

Declaration by Contractors:

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

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

myself/ourselves registered under more than one name.

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

Signature of authorized person of the Firm/Company with seal

36

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) GST Registration No.

b) Accounting Code No.

c) GST 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

37

Form -III

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

S.No. Description Status Remarks

1 Certified copy of last 3 year’s P&L

account Yes/No.

2

Employer of the party is whether related

with any NFL employee or not. If yes,

give the details.

Yes/No.

3 Bank reference/Bank solvency certificate

on Performa enclosed as Performa-I. 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

38

PROFORMA NO. –2

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

S.No Description Financial

Year

Annual Turnover (Details of the documents to

be submitted)

1

Average Annual Financial turnover during

last three years ending 31st March of the

previous financial year.

2014-15

2015-16

2016-17

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

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

a. Three similar completed work costing

each not less than the amount equal to

40% of the estimated cost (Estimated cost:

Rs. 67.53 Lakhs). i.e Rs. 27 Lakh

(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



Rs. 67.53 Lakhs). i.e. Rs.34 Lakh



Name of Company

Contract Value

39


Certificate))

Contract Period


Name of Company

Contract Value

Contract Period

OR

c. One similar completed work costing



Rs. 67.53 Lakhs). i.e. Rs.54 lakh



Certificate))

1. Work Order Ref. No

Name of Company

Contract Value

Contract Period

NOTE:

1. Similar Work means work employing same Technology, Nature of Job and skill based on similar

experience as per Tender Documents but quantities can vary.

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

40

ANNEXURE-I

DGM (Production)

National Fertilizers Limited, Date: -

Vijaipur.

Sub: - Side letter to NIT for “Assistance in Lubrication of Machinery, Safety & Pollution Control

measures and miscellaneous activities in Line-I and Line-II Plants (Ammonia & Urea) for 2017-19”

Dear Sirs,

With reference to above-mentioned NIT, We hereby confirm that we have gone through all the terms and

conditions of the NIT and will abide by them. In addition to this, we also confirm that we have

understood the job requirement of NFL under this contract and ensure the compliance of the following

points throughout the period of contract.

1) Normal requirement under Item no 1.0 of Scope of Work is of 17 - 18 persons per day. In addition

extra manpower will be deployed as per requirement of the plant. No. of operations executed during

the month will be calculated on the basis of total man days deployed during the month. One operation

will comprise of ~22 man-days worked. We understand this clause and will supply manpower

accordingly.

2) Normal requirement under Item no 2.0 of Scope of Work is of 3 persons in each rotating shifts on all

the days of the year in Ammonia and Urea plants. We will supply the manpower accordingly. One

operation will comprise ~14 man-days worked. No shift will be without manpower.

3) We will depute 18 - 20 persons for scrapper / louvers cleaning, along with supervisor under Item 3.0

of Scope of work so as to complete one operation within the allowable time of 2 hrs safely.

4) The job under item 4.0 of Scope of dissolving the off grade urea will be carried in rotating shift /

general shift as per requirement of plant. The staff will be deputed accordingly.

5) The job under item 5.0 of Scope of Work has to be done normally after dusk. We will depute at least

two persons for this job so that the job is done safely. Next day after applying pesticide the combs

will be removed.

6) The job under item no. 6.0 of scope of work will be carried out in short shut downs (unplanned) and

each operation will comprise of ~10mandays

7) The job under item 7.0 of Scope of Work of cleaning the dissolving tank will normally be done in

general shift. But the job will have to be completed within shortest possible time safely under

contractor’s supervision. The work will be continued till completion.

8) We will depute at least six persons for Unloading/Cleaning/Loading of sand in cooling tower filters

under item 8.0 of Scope of work so as to complete one operation within five days in Line-II and

41

within 10days in Line-I plant excluding time taken for any maintenance etc. One operation of

maximum five/ten days involves 9 M3 sand & pebbles in one filter. There will be estimated total six

operations, i.e. involving 54 M3 of sand in a year.

9) We will depute at least three persons for shifting/cleaning of air filters of GT/PAC in Ammonia –II

for item 9.0 of Scope of work so as to complete one operation within fifteen days.

10) We will depute one supervisor on daily basis exclusively for the subject work to ensure availability

of manpower and to communicate with NFL on day-to-day basis.

11) We will pay 8.33 % bonus (one month's salary during the year) in a year to all the labours employed

by us as per Bonus Act'1965.

12) We will also allow all the leaves as per statutory guidelines to all the labours during the year or will

pay wages in lieu of such un-availed leaves.

13) We will deduct / deposit PF of all the employees under the subject work as per rules and also provide

PF slip (from PF commissioner’s office) to all employees.

Thanking you,

Yours Faithfully

(Signatures of Tenderers)

(With seal)

42

INTEGRITY PACT

Annexure-IV

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

tenders having a value of Rs.1 crore or more. To be signed by the bidder and NFL.)

National Fertilizers Limited (NFL) hereinafter referred to as “The Principal”.

AND

____________________________hereinafter referred to as “The Bidder/Contractor”

PREAMBLE

The Principal intends to award, under laid down organizational procedures, contract/s for

___________________________. The Principal values full compliance with all relevant laws of the

land, rules, regulations, economic use of and of fairness/transparency in its relations with its

Bidder(s) and/or Contractor(s).

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM),

who will monitor the tender process and the execution of the contract for compliance with the

principles mentioned above.

Section 1 – Commitments of the Principal.

1. The Principal commits itself to take all measures necessary to

prevent corruption and to observe the following principles :-

a) No employee of the Principal, personally or through family members, will in

connection with the tender for, or the execution of a contract, demand, take a promise

for or accept, for self or third person, any material or immaterial benefit which the

personal is not legally entitled to.

b) The Principal will during the tender process treat all Bidder(s) with equity and reason.

The Principal will in particular, before and during the tender process, provide to all

Bidder(s) the same information and will not provide to any Bidder(s)

confidential/additional information through which the Bidder(s) could obtain an

advantage in relation to the process or the contract execution.

c) The Principal will exclude from the process all known prejudiced persons.

2. If the Principal obtains information on the conduct of any of its employees which is a criminal

offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal

will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

43

Section 2 – Commitments of the Bidder(s)/Contractor(s)

1. The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the tender

process and during the contract execution.

a) The Bidder(s)/contractor(s) will not, directly or through any other persons or firm, offer

promise or give to any of the Principal’s employees involved in the tender process or the

execution of the contract or to any third person any material or other benefit which he/she is

not legally entitled to, in order to obtain in exchange any advantage or during the execution

of the contract.

b) The Bidder(s)/Contractor(s) will not enter with other Bidders into any undisclosed agreement

or understanding, whether formal or informal. This applies in particular to prices,

specifications, certifications, subsidiary contracts, submission or non submission of bids or

any other actions to restrict competitiveness or to introduce cartelization in the bidding

process.

c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act;

further the Bidder(s)/Contractors will not use improperly, for purposes of competition or

personal gain, or pass on to others, any information or documents provided by the Principal

as part of the business relationship, regarding plans, technical proposals and business details,

including information contained or transmitted electronically.

d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the

Agents/representatives in India, if any. Similarly, the bidder(s)/contractor(s) of Indian

Nationality shall furnish the name and address of the foreign principals, if any. All the

payments made to the India agent/representative have to be in Indian Rupees only.

e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he

has made, is committed to or intends to make to agents, brokers or any other intermediaries in

connection with the award of the contract.

2. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or

be an accessory to such offences.

Section 3: Disqualification from tender process and exclusion from

future contract

If the Bidder(s)/Contractor(s), before award or during execution has committed a transgression

through a violation of Section 2 above or in any other form such as to put his reliability or credibility

in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process

or to terminate the contract, if already signed, for such reasons.

Section 4 : Compensation for Damages

1. If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover the damages equivalent to

Earnest Money Deposit/Bid Security.

2. If the Principal has terminated the contract according to Section3, or if the Principal is entitled to

terminate the contract according to Section3, the Principal shall be entitled to demand and

recover from the Contractor liquidated damages of the Contract value or the amount equivalent to

Performance Bank Guarantee.

44

Section 5 : Previous Transgression

1. The Bidder declares that no previous transgressions occurred in the last three years with any

other company in any country conforming to the TII’s anti corruption approach or with any

other public sector enterprise in India that could justify his exclusion from the tender process.

2. If the bidder makes incorrect statement on this subject, he can be disqualified from the tender

process and appropriate action can be taken including termination of the contract, if already

awarded, for such reason.

Section 6 : Equal treatment of all Bidders/Contractors/Subcontractors.

1. The Principal will enter into agreements with the identical conditions as this one with all

bidders, contractors and sub-contractors.

2. The Principal will disqualify from the tender process all bidders who do not sign this Pact or

violate its provisions.

Section 7: Criminal charges against violation Bidder(s)/Contractor(s)/Sub-contractors(s).

If the Principal obtains knowledge of conduct of a Bidder(s)/ Contractor(s) which constitutes

corruption, or if the Principal has substantive suspicion in this regard, the Principal will

inform the same to the Chief Vigilance Officer.

Section 8 : Independent External Monitor/Monitors

1. The Principal appoints competent and credible Independent External Monitor for this Pact.

The task of the Monitor is to review independently and objectively, whether and to what

extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs

his functions neutrally and independently. It will be obligatory for him to treat the

information and documents of bidders /contractors as confidential. He reports to the

Chairman & Managing Director, NFL.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without

restriction to all project documentation of the Principal including that provided by the

Contractor. The Contractor will also grant the Monitor, upon his request and demonstration

of a valid interest, unrestricted and unconditional access to his project documentation. The

same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the

information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with

confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among

the parties related to the Project provided such meetings could have an impact on the

contractual relations between the Principal and the Contractor. The parties offer to the

Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so

inform the Management of the Principal and request the Management to discontinue or take

corrective action, or to take other relevant action. The monitor can in this regard submit non-

binding recommendations. Beyond this, the Monitor has no right to demand from the parties

that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report to the Chairman & Managing Director,, NFL within

8 to 10 weeks from the date of reference or intimation to him by the Principal and, should be

occasion arise, submit proposals for correcting problematic situations.

7. Monitor shall be entitled to compensation on the same terms a being extended to/provided to

Independent Directors on NFL Board.

8. If the Monitor has reported to the Chairman & Managing Director, National Fertilizers

Limited, a substantiated suspicion of an offence under relevant IPC/PC Act, and the

45

Chairman & Managing Director, NFL has not, within the reasonable time taken visible action

to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may

also transmit this information directly to the Central Vigilance Commissioner.

9. The word “Monitor” word include both singular and plural.

Section 9 : Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor 12

months after the last payment under the contract, and for all other Bidder 6 months after the

contract has been awarded. If any claim is made/lodged during this time, the same shall be

binding and continue to be valid despite the lapse of this pact as specified above, unless it is

discharged/determined by Chairman & Managing Director of NFL.

Section 10 : Other Provisions

This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal i.e. New Delhi.

Changes and supplements as well as termination notices need to be made in writing. Side

agreements have not been made.

If the contractor is a partnership or a consortium, this agreement must be signed by all

partners or consortium members.

Should one or several provisions of this agreement turn out to be invalid, the remainder of

this agreement remains valid. In this case, the parties will strive to come to an agreement to

their original intentions.

(For & on behalf of the Principal) (For & on behalf of Bidder/Contractor)

(Office Seal) (Office Seal)

Place_________________

Date_________________

Witness 1 : Witness 1 :

(Name & Address) (Name & Address)

_____________________________ _____________________________

_____________________________ _____________________________

_____________________________ _____________________________

Witness 2 : Witness 2 :

(Name & Address) (Name & Address)

_____________________________ _____________________________

_____________________________ _____________________________

_____________________________ _____________________________

SPECIAL INSTRUCTIONS TO TENDERERS · 1 Feitian Technologies Co.Ltd ePass2003 2 eToken Aladdin...

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Transcript of SPECIAL INSTRUCTIONS TO TENDERERS · 1 Feitian Technologies Co.Ltd ePass2003 2 eToken Aladdin...