NATIONAL FERTILIZERS LIMITED VIJAIPUR , DISTRICT GUNA (M.P.) (CIVIL ENGINEERING DEPARTMENT)

Transcription

1 NATIONAL FERTILIZERS LIMITED VIJAIPUR , DISTRICT GUNA (M.P.) (CIVIL ENGINEERING DEPARTMENT) TENDER FOR: PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP REFERENCE : NIT NO. NFVP/ CICO/ 3322 DATED: TABLE OF CONTENTS Page No. S. No. Description From - To This Tender Document (AS ISSUED TO CONTRACTOR) Consists of following: Table of Contents Part A:- 1. Special Instructions for E-tendering 1-5 Part B:- 1. Notice Inviting Tender (Copy of NIT) 6 2. Forwarding of tender to contractor (annexure I) Instruction to tenderers Tender Form Supplementary Conditions Declaration Form I (annexure II) Declaration Form II (annexure III) Definition of Terms (annexure IV) General terms and Conditions (annexure V) Scope of work & Defect liability period Eligibility Criteria 41-42(02 Pages) 12. Integrity pact agreement Schedule of Quantities 02 Pages TOTAL SHEETS OF TENDER : 50 Pages NOTE: The tenderer(s) shall satisfy themselves before submitting that no page or document listed above is missing from the tender Issued to him / them. 1

2 National Fertilizers Limited (A Government of India Undertaking) Vijaipur , Dist: Guna (MP), India (An ISO 9001, & OHSAS Unit) Phone: +91 (0) Fax: +91 (0) Website: E-TENDER (Under Two-part Bid System) Tender No: NFVP/CICO/3322 PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP SPECIAL INSTRUCTIONS TO TENDERERS 1. Mode of Tendering: The Vijaipur Unit of National Fertilizers Ltd. (NFL) has decided to line-up Contract for PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPELINE IN TOWNSHIP, against this tender through e-tendering mode under TWO PART BID system. The NIT will be posted on our E-Tender Portal where the registered contractors will be able to download the tender documents free of cost for participation in the tender and submit their bids online. The tender submission, tender closing and opening will be done electronically and online. 2. NFL has appointed M/s NexTenders (India) Private Limited, Mumbai as its service provider for its e- Procurement solution. Also, as per IT ACT 2000, use of digital signatures certificate shall be mandatory for participating in e-tendering process. 3. The procurement shall be made through e-tendering process. In this process, the tenders shall be submitted online duly digitally signed and encrypted by the Tenderers using their Digital Signature Certificate on the website 4. No oral, , telephonic, telegraphic tenders or tenders submitted in hard copies/ physical form will be entertained. 5. 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:- - Window 7 Ultimate / Professional / Enterprises / Ultimate - Window XP (Service Pack 3 and Above) iii. Internet Speed of 512 kbps or above iv. Browsers: Preferred Browsers Mozilla Firefox or Google Chrome v. Adobe Acrobat Profession 6 or above for digitally signing the Document vi. vii. Java 7 Update 67 (Updated 32 bit Java version & above) Essential Java Settings - Download and Install Java 7 Update 67 available under System Requirement Tab on the home page of - After installation, open Control Panel and Click on Java Icon 2

3 viii. ix. - 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 and click Add Tab and Ok Tab - Open the Java Control Panel and Click the Tab Advanced - Select Show Console under Java Console - Select Always Allow under JNLP File/MIME Association - Select Disable Verification (Not recommended) under Mixed Code (Sandboxed vs. Trusted) Security Verification Once the above pre requisites are configured/available in the system, users can click on and the e-procurement portal will be available Digital Certificate For performing e commerce, class II and above (organization) Digital Certificate is required. Digital Signature Certificate (Class II or Class III Organizational) are being issued by many Govt. approved (CCA of India) agencies as per IT Act For your convenience, we have made arrangements to get the Digital Signature Certificates from our service provider M/s. NexTenders (India) Private Limited on payment of necessary fees. Download and Install Digital Certificate setup (NxtCryptoSetup.msi) available under System Requirement link of home page using Administrator user access. 6. The above Tender will be available on URL Interested eligible Contractors shall visit the URL for downloading of tender documents, bid preparation, hash submission, bid submission etc. Note: - Please refer Bidder Manual which is available on the home page for system requirement, browser configuration, procedures etc. 7. Tenders are required to be submitted online duly digitally signed and encrypted by using their Digital Signature Certificate. 8. Tenderers are requested to scrutinize the terms and condition of this tender thoroughly along with the General Terms and condition etc. as given in tender documents before proceeding for preparation of Online Bid. 9. No amendment to the tender would be admissible under any circumstances, whatsoever after the closing date and time of receipt of tenders. 10. The Earnest Money Deposit & Tender fee is to be deposited with NFL by way of Bank Demand Draft (in favour of National Fertilizers Limited" payable at SBI Bavrikheda (Code No.8455) or Online Transaction(NFL Account No: , IFSC code SBIN ). Though the Vendor is required to upload the scanned image of DD/online transaction receipt, however, it may be noted that the DD/ online transaction receipt must reach us before the techno-commercial bid opening (as per tender schedule). In case Vendor fails to submit the requisite EMD /tender fee prior to bid opening (as per tender schedule), the offer is liable to be rejected and may not be opened. 11. The Security Deposit together with EMD/Initial Security Deposit shall be 10% of the contract value. Initial Security Deposit (ISD) shall be 2.5 % of the Contract Value which is required to be deposited within 10 days of the issue of the letter of intent by the successful bidder. EMD shall be adjusted against SD. 12. For queries regarding e-tendering process, you may contact us or our Service Provider M/s. NexTenders (India) Private Limited, Mumbai or NFL. Contact details are as under: i. National Fertilizers Limited (For Tender details) i. Name: Shri G. D. Aujha Chief Manager (Civil) Contact No.:

4 ii. ii Name: Rajiv Rajput Manager (Civil) Contact No.: M/s. NexTenders (India) Private Limited, Mumbai (For e-tender Process/Procedure related matters) Technical Support Contact (For Contractors): Name: Desk No. 2 Contact No: Landline No: ID: support.nfl@nextenders.com For Digital Certificate Support: Name: Mr. Aziz Kariyania Phone No.: / / Address: Adweb Techno Trade Private Limited 309, Krishna Commercial Centre, 6, Udyog Nagar Off. S.V. Road, Goregaon (West), Mumbai All the contractors participating in the online e-tendering have to abide by the process involved in the entire workflow of the e-tendering. 14. 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. 15. For submitting price bid through e-tendering the successful qualified tenderers will have to use a Class II or Class III Digital Signature Certificate issued by any Indian CA approved by CCA of India as per IT Act The same can also be taken through NFL s service provider i.e. M/s. NexTenders (India) Private Limited, Mumbai on payment of necessary fees. 16. It is mandatory for the contractors to use the digital certificate in all their bidding Process. 17. It is the entire responsibility of the contractors to protect their own login id and Password and keep their digital certificate safe so that it shall not be misused by any other person. 18. Tender Schedule: The notice of issue of enquiry and detailed schedule for downloading the NIT documents, submission of bids, tender closing, tender opening, and subsequent clarification/ amendment in schedule etc. shall be available on the above mentioned website against this tender. Tender Schedule is as under:- Sl.No. Tender Stage Date and Time 1 Start Date for Document Downloading 25/10/ Hrs 2 End Date for Document Downloading 12/12/ Hrs 3 End Date for Bid Submission 12/12/ Hrs 4 Start Date for Techno-Commercial Bid Opening. 4 12/12/ Hrs onwards 5 Price Bid Opening Date Date shall be informed separately to all technically suitable bidders

5 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 pre-poned/amended 19. The activity defined for contractors are :- Download of Tender document, Bids Preparation, Reencryption of Online bid and Uploading of bids. 20. During the Download sequence, the contractors who have been invited will be able to download the main tender document and the supporting documents. 21. 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. 22. 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. 23. Tender Opening: The tenders will be opened electronically by NFL from Vijaipur Office in the presence of representatives of Contractors who wish to attend the technical / price bid opening. The submission of bids may however be done by contractors 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 contractors who are techno-commercially acceptable shall also be opened electronically. 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 contractors are not able to submit their bids. 2 Bids have been submitted but the same cannot be opened by NFL. 26. Name & Address of the Consignee/Unit: Chief Manager (Civil) National Fertilizers Limited Vijaipur Dist.: Guna (M.P.) 27. TIN/C.S.T. Nos. VIJAIPUR: TIN NO CST NO. GNA/1363 DT The due date of closing/opening shall be extended suitably. The due date of opening shall be extended suitably. 5

6 NATIONAL FERTILIZERS LIMITED VIJAIPUR , DIST. GUNA (M.P.) (CIVIL ENGINEERING DEPARTMENT) NFVP/CICO/3322 DATE: NOTICE INVITING TENDER Sealed item rate tenders for the following work are invited through E-TENDERING in Two Bid system i.e. Part-I Techno Commercial Bid( including EMD& Tender Fees), and Part-II consisting of Price Bid, from experienced & financially sound Contractors: Name of work : PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP Cost of tender Documents : Rs (Rupees One Thousand only) (Including VAT) Contract period : (Twelve) 12 Months Estimated value of work : Rs Lakhs excluding cost of cement & service tax Earnest Money Deposit : Rs (Rupees One Lakh only) Document Downloading : From TO Bid Submission (Part-I & Part-II) : Upto 3.00PM Opening of tenders (Part-I) : at 03:30 PM (Part-II) : To be decided after opening of part-i Tender shall be issued/downloaded only by such contractors who submit the proof of having their PAN number and meet the eligibility criteria as mentioned below: The contractor should have experience of successfully completed similar works containing any of works like Construction & maintenance of buildings/water supply/piping work/ Sewage/Storm water drainage system during last 7 years ending last day of month previous to the one in which applications are invited should be either of the following: a) Three similar completed works costing not less than the amount equal to Rs lakhs Or b) Two similar completed works costing not less than the amount equal to Rs.65 lakhs Or c) One similar completed works costing not less than the amount equal to Rs.104 lakhs d) Average annual financial turn over during the last three years, ending 31 st March 2016 should be at least Rs. 39 Lakhs *Bidders to confirm average annual financial turnover of Rs.39 lakhs and should submit audited copies of P&L balance sheet for last 3 years up to to check positive net worth etc The Cost of tender documents and Earnest Money Deposit shall be in the form of Bank Demand Draft (in favour of National Fertilizers Limited" payable at SBI Bavrikheda (Code No.8455) or Online Transaction(NFL Account No: , IFSC code SBIN ). Bids not accompanied by Earnest Money Deposit & Tender fees shall be straightaway rejected. NFL reserves its right to accept/reject any or all tenders or split up the work between two or more agencies without assigning any reason thereof. Earnest Money Deposit of unsuccessful tenderers shall be refunded after the finalization of award of the work. NFL shall not be responsible for delay of tenders sent through post or courier services. Tenderer may depute their accredited representative at the time of opening of tenders who may like to be present. Tender documents can be downloaded from website of NFL ( and CPP portal however the cost of tender documents shall be submitted in the form of Demand Draft /Online Transaction, as described above at the time of submission of tender document. 6 (G.D.Aujha) Chief Manager (Civil)

7 I - 1 NATIONAL FERTILIZERS LIMITED (A GOVERNMENT OF INDIA UNDERTAKING) CIVIL ENGINEERING DEPARTMENT VIJAIPUR , DIST. GUNA (M.P.) Annexure-I Covering Letter of NIT Ref. NIT No. NFVP/CICO/3322 Dt To, Sub: Dear Sirs, Sealed tenders are invited for the work as detailed below: 1. Name of Work: as mentioned in NIT 2. Earnest Money as mentioned in NIT 3. Tender Fee: as mentioned in NIT No. NFVP/CICO/3322 Date: Estimated Value of the work : Lakhs 5. Time of Completion: 12 (Twelve) Months 6. Last date of issue of Tenders: as mentioned in NIT 7. Last date and time of Receipt of Tenders: as mentioned in NIT 8. The date and time of Opening of Tenders: as mentioned in NIT 9. Place of receipt and Opening of Tenders: as mentioned in NIT 10. All request for interpretation, clarification & queries in connection with tender shall be addressed in writing to Issuing Authority e.g. Chief. Manager (Civil) at least 7 (SEVEN) days prior to the closing date of the tender. 11. The Tender shall be submitted duly super scribed (Name of the work e.g. as mentioned in NIT at page number 6 ) 12. The rate should be quoted in the Units given in the Schedule of Rates. The rates should be quoted in words and figures. The rates quoted shall remain valid for 120 days from date of opening of tenders for the acceptance. 13. 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. The tender can be split between two or more contractors without assigning any reason thereof as per the requirement on case to case basis. 14. Tender shall be submitted in TWO SEPARATE Parts as under: 7

8 Part 1: I - 2 Shall contain earnest money deposit of 1,00, (Rs.One Lakh only) and (Rs. One Thousand only) 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, (place e.g. Vijaipur) payable at (place e.g. Vijaipur) or Online Transaction(NFL Account No: , IFSC code SBIN ) & 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 FORMS to be enclosed in this envelop) Part -2 Shall contain Price Bid( the rates and amount quoted) in the prescribed schedule of rates. 15. Opening of Tenders The tenders will be opened electronically by NFL from Vijaipur Office in the presence of representatives of Contractors who wish to attend the technical / price bid opening. The submission of bids may however be done by contractors 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 contractors who are techno-commercially acceptable shall also be opened electronically The following documents are to be submitted with the quotation in the Part 1, failing which the tender will be liable for rejection: 16.1 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. ii) No other firm/sister concerns/associates belonging to the same group is participating/submitting tender for the job. c) Other details are as under: PAN (Permanent Account No.) issued by Income Tax Deptt. Service Tax No., Code No./Accounting Code if applicable. Cancelled Cheque 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) In case the parties are not pre-qualified, their 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 8

9 I - 3 for which such works have been executed and also substantiate their claims furnishing the copy of their credentials as per NIT. In the absence of these documents tender will not be considered. 17 The contractor shall quote single rate against each item and not the multiple rates in the Schedule of Rates. Any tender with the multiple rates quoted will be summarily rejected. Price should be quoted strictly as per the Performa enclosed for Schedule of Price. 18 This letter shall form part of the contract document and shall be signed and 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 Ch. Manager (Civil). Thanking you, Yours Sincerely, For National Fertilizers Limited G.D.Aujha Ch. Manager (Civil) 9

10 II-1 NATIONAL FERTILIZERS LIMITED (A GOVT. OF INDIA UNDERTAKING) VIJAIPUR , DIST. GUNA (M.P). NIT No. NFVP/CICO/3322 Dt INSTRUCTIONS TO TENDERERS 1. E- tenders are invited on behalf of National Fertilizers Limited, New Delhi for the work of "AS MENTIONED IN NIT". The tender shall be submitted in the prescribed form. 2. The work is required to be completed within the period AS MENTIONED IN NIT from the 15th (fifteenth) day after the date on which the Engineer-in-Charge issues written orders to commence the work or from the date of handing over of the site, whichever is later, in accordance with the phasing, if any, indicated by NFL in the tender documents/work Order. 3. Tenderers shall submit their tenders online complete in all respects together with all documents mentioned in the tender up to AS MENTIONED IN NIT. The tenders will be opened on the same day at 15:30 hours in the presence of tenderers or their accredited representatives who may like to be present. Before submitting their tenders, the tenderers are advised to go through the following terms and conditions very carefully. 4.a) The tender shall be accompanied by Earnest Money of Rs. AS MENTIONED IN NIT in the form of Demand Draft payable at State Bank of India Bavrikheda(Code No ) District GUNA (M.P.) in favour of National Fertilizers Limited or Online Transaction(NFL Account No: , IFSC code SBIN ). 4.b) The Standing EMD / EMD submitted earlier against this or any other work and if lying with NFL, shall not be considered for this NIT and the contractor has to submit fresh EMD for this work. 5.a) Not more than one tender shall be submitted by a contractor or by a firm of contractors. No two or more concerns in which an individual is interested as a proprietor and/or a partner shall tender for the execution of the same works. If they do so, all such tenders shall be liable to be rejected. 5.b) The contractor should quote the rates both in words and in figures and show the total quoted amount at the end of schedule of quantities. In case of difference in both the rates, the rates quoted in words shall be considered as final. 5.c) SERVICE TAX : (i) The tenderer may quote his rates excluding service tax. (ii) The Service tax shall be paid by NFL as per Government of India guide lines vide notification no. 30/2012, Service tax dated effective from , on submission of documentary evidence of the payment thereof or as per latest guidelines/amendment issued by Govt. as applicable at the time of execution of work. The tenderer must mention Service Tax Registration / Service Tax Code and the accounting code in the invoice / receipts. The tenderer shall indicate the Service Tax rate in his offer. Any variation in the rate shall be to NFL s account during contractual period only. 10

11 II-2 (iii) The tenderer shall indicate separately the portion of the taxable services (percentage of service component in the quoted rates) on which service tax shall be applicable by NFL and the portion of the exempted services (percentage of material component in the quoted rates). For the purpose of reimbursement of service tax, contractor is required to submit in writing on the letter head of their firm an undertaking and certificate that : I) In respect of invoice no.for Rs. dated... under work order no. NFVP/CICO/ in accordance with the Service tax act/rules, Service tax amounting to Rs. has been deposited on dated vide challan no (copy enclosed) with the Government. II) I undertake to indemnify NFL against any loss or liability arising to NFL in connection with Service tax related to above work order. 6. The following documents shall be furnished by the contractor: (i) (ii) Copy of Income Tax return filed for the last Assessment year. Account number in any branch of State bank of India along with its branch code. 7. The Executive Director/ Chief General Manager/ General Manager In charge, NFL VIJAIPUR unit, or any other officer authorized by NFL shall be Accepting Officer hereinafter referred as such for the purposes of this contract. 8. Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders, as to the nature of the ground and sub-soil (so far as is practicable), 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 influence or affect their tender. A tenderer shall be deemed to have full knowledge of the site, whether he inspects it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed. 9. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the works to be done and of conditions and rates at which stores, tools and plant, etc. will be issued to him by NFL and local conditions and other factors bearing on the execution of the works. 10. A tenderer shall quote in figures as well as in words the rate(s) tendered, the amount of each item shall be worked out and the requisite totals given. Special care shall be taken to write rates in figures and words and the amounts in figures only in such a way that interpretation is not possible. The total amount shall be written both in figures and in words. In case of figures the words, 'Rs' shall be written before the figures of rupees and the word 'P' after the decimal figures e.g. Rs.2.15p and in case of words 'rupees' shall precede and the word 'paise' shall be written at the end. Unless the rate is in whole rupees and followed by the word 'only' it shall invariably be up to two places of decimal. 11

12 II All rates shall be quoted on the tender form. 6. In case of item rate, tenders, only the rates quoted shall be considered. Any tender containing percentage below/above the rates quoted is liable to be rejected. 13. The tender for the works shall not be witnessed by a contractor or contractors who himself/themselves has/have tendered for the same works. Failure to observe this condition shall render the tenders of the contractor tendering as well as of those witnessing the tender liable to rejection. 14. On acceptance of the tender, earnest money will be treated as part of the security deposit. No interest will be payable on the earnest money. 15. The tenderers, whose tender is accepted shall deposit initial security deposit and further permit NFL at all time of making any payment to him for work done under the contract to deduct towards security deposit such sum(s) along with the amount of earnest money already deposited amounting to 10% the gross amount of the bill. 16. NFL will return the earnest money, where applicable, to every unsuccessful tenderer after the finalization of award of work. No interest shall be paid on the said earnest money deposit. 17. Tenders which do not fulfill all or any of the conditions laid down in this notice or contain conditions not covered and / or not contemplated by the General Conditions of Contract and / or the special/ supplementary conditions of contract or expressly prohibited therein or stipulate additional conditions shall be liable to be rejected. 18. National Fertilizers Limited reserves its right without assigning any reason thereof to; (i) (ii) Accept/reject the lowest or any other tender or split up the award of work between two or more agencies, Accept the whole or any part of the tender, 19. Sales tax/commercial Tax/ CESS or any other tax on materials in respect of this contract shall be payable by the contractor and NFL will not entertain any claim whatsoever in this respect. 20. Tenderers must give their postal address as well as their residential address of themselves or their Chief Executive or agent, in the tender at the proper place. The tender documents submitted by the tenderer will be rejected if he or his agent cannot be contacted after reasonable search and the earnest money will be forfeited by NFL. 21. The tenderer shall sign at the bottom right hand corner of every page of the tender documents in token of acceptance of NFL's conditions and for the purpose of identification. Tenders received without signature and seal of the contracting firm shall be summarily rejected which shall be final and binding. 12

13 II Every tender shall be made in the English Language. All other information such as documents and drawings supplied by the tenderer will also be in English Language as will be any further information supplied by NFL. Drawings and Designs shall be dimensioned according to the Metric system of Measurements. Tenders shall be forwarded under cover of a letter typewritten on the tenderers letter head and duly signed by the tenderer. Signature must be in long hand executed in ink by a duly authorized principal of the tendering firm. No oral telegraphic or telephonic tenders or modifications thereto shall be considered. 23. Tenders containing erasures and alterations of the tender documents are liable to be rejected unless these are authenticated by the persons signing the tender documents. 24. When the tender submitted is not in the name of an individual, the tender shall disclose the nature, constitution and registration of the tendering firm and shall be signed by persons or a person duly authorized by the firm by means of the legal document/power of attorney a duly certified copy of the same shall be attached with the tender. For illustration, in the event of a tender being submitted by a partnership firm it must be signed separately by each partner or by a person holding a power of attorney authorizing him to do so. Such power of attorney shall be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act. 25. JURISDICTION: Notwithstanding any other court or courts having jurisdiction to decide the question forming subject matter of a suit any and all actions and proceedings arising out of or relative to this contract (including any arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at GUNA where this contract is to be signed on behalf of NFL and only the said court shall have jurisdiction and try and such actions and/or proceeding to the exclusion of all other courts. 26. This notice of tender shall form part of contract documents. For & on behalf of National Fertilizers Limited, Vijaipur Signature 13

14 III - 1 TENDER FORM Chief Manager (Civil) National Fertilizers Limited Vijaipur , District Guna (M.P.) (Hereinafter referred to as NFL) Dear Sir, I/We have read and examined the following documents relating to the work PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP a) NIT and Instructions to Tenderers, b) Scope of work/supplementary Conditions of Contract, c) Conditions of Contract, Integrity pact. d) Schedules of Quantities (SOQ), e) Specifications/Technical Specifications f) Special instruction for E-tendering. I/We hereby tender for execution of the work referred to in the aforesaid documents upon the terms and conditions contained or referred to therein and in accordance in all respects with the specifications, designs, drawings and other relevant details at the rates quoted in Schedule of Quantities and within the period of completion AS MENTIONED IN NIT. In consideration of I/We invited to tender, I/We agree to keep the tender open for acceptance for 120 (one hundred twenty) days from the date of opening of Price Bid thereof and not to make any modifications in its terms and conditions which are not acceptable to NFL. It has been explained to me/us that the time stipulated for and completion of works in all respects as mentioned in the time schedule of completion of jobs and signed and accepted by me/us is the essence of the contract. I/We agree that in case of failure on my/our part to strictly observe the time of completion mentioned for the work agree to pay compensation to the NFL as per provisions and stipulations contained in Contract and I/We agree to recovery being made as specified therein. In exceptional circumstances extension of time which shall always be in writing may, however, be granted by the competent authority at his entire discretion and I/We agree that such extension of time will not be counted for the extension of completion dates stipulated for job and for the final completion of work as stipulated in the time schedule of completion of work. I/We agree to pay the earnest money and security deposit and accept the terms and conditions as per the memorandum below in this respect. I/We, am/are fully aware that I/We would be required to fulfill all statutory provisions and obligations under various labour laws in regard to deployment of contract labour under my/our control. 14

15 III - 2 I/we agree to accept payments through ECS/EFT. The particulars of account no. are as under: Account no. Name of Bank Branch Branch code RTGS CODE MICR NO. I/We understand that the rates specified in the tender shall be inclusive of Sales Tax / Commercial Tax or any other taxes, toll, customs duty of any kind, fees, octroi, royalty etc. in respect of the contract and the rates shall be firm irrespective of any variation in the prevailing rates of taxes, duties, levies, octroi etc., and any fresh imposition of any of these by State / Central / Statutory bodies and I/We shall indemnify NFL against levy of any taxes etc. in regard to this contract and in the event of NFL being assessed for any of the said imports, the NFL shall have the right to recover the total amount so assessed from my/our dues and I/We shall also be responsible for all costs or expenses that may be incurred by NFL in connection with any proceeding or limitation in respect of the same. MEMORANDUM a) General Description of work : PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP b) Earnest Money Deposit : Rs. 1,00, (AS MENTIONED IN NIT) The Earnest Money is payable in the manner set out below : The Earnest Money, if the tender is accepted, will be adjusted against the security deposit. c) Security Deposit : will be paid in the manner set out in the Contract. d) Time allowed for starting work : Fifteen days from the date of work issue of letter of intent. Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and conditions referred to above and in default thereof, to forfeit and pay to the NFL or its successors or its authorized nominees such sums of money as are stipulated in conditions contained in tender notice and other tender documents. I/We hereby pay the Earnest Money Deposit of Rs. 1,00, (AS MENTIONED IN NIT) by Bank Demand Draft no. issued by (name and office of the State Bank of India or any Nationalized bank) in favour of National Fertilizers Limited or Online Transaction (NFL Account No: , IFSC code SBIN ) Transaction No Dated... 15

16 III - 3 If I/We fail to commence the work specified in the Memorandum above, or I/We fail to deposit the amount of Security Deposit specified in the Memorandum above, I/we agree that the NFL or its successors without prejudice to any other right or remedy be at liberty to forfeit the said earnest money in full, otherwise the said earnest money shall be retained by NFL towards the security deposit specified above. The NFL shall also be at liberty to cancel the tender if I/we fail to deposit the security deposit as aforesaid or to execute an agreement or to start the work as stipulated in the tender document. Witness: Name in BLOCK LETTERS: Address: dated the day of Yours faithfully, Signature of Tenderer(s) with the seal of the firm. Witness: Name in BLOCK LETTERS: Name & Designation of authorized person signing the tender on behalf of the Tenderer(s) Address: Date: Dated: Telephone Number Postal Address: 16

17 NATIONAL FERTILIZERS LTD. ( CIVIL ENGINEERING DEPARTMENT ) VIJAIPUR , DIST. GUNA (M.P.) REFERENCE : OUR NIT No. NFVP/CICO/3322, DATED: NAME OF WORK: PROVIDING AND LAYING G.I. DRINKING WATER SUPPLY PIPE LINE IN TOWNSHIP Deleted SPECIFICATIONS : SUPPLEMENTARY CONDITIONS The specification for workmanship shall be as described in the Central Public Works Department latest "Specifications" including amendments, unless otherwise specified. These CPWD specifications shall be deemed to form part of this contract The CPWD specifications shall take precedence over the provisions in the BIS specifications. Wherever CPWD specifications are silent, the relevant BIS specification shall be referred In case of any class of work for which there is no such specification as laid down in the contract, such work shall be carried out in accordance with the instructions and requirement of the Engineer in charge. * G.I. pipes and fittings should be of medium duty (B-class) conforming to IS:1239 of any of the manufacturers like Tata, Zenith, Bansal, Bhushan, Asian, jindal, msl, Prakash Surya GENERAL CONDITIONS : The contractor has to depute one full time supervisor. He will receive instructions / requirements and to get the work done. He will also depute the concerned technicians to get the work done. This will be permanent arrangement without any extra claim The contractor shall ensure that all the working staff possess identity cards (photo cards)duly attested by NFL's representative while on duty in NFL Premises The contractor has to arrange at his own cost all Tools and tackles, and all other incidental charges required to be incurred for successful operation of the contract / execution of work as above Quantities mentioned in the Schedule of Quantities may increase or decrease to any limit or any of the item may be deleted or any extra item may have to be executed depending upon site requirements. Due to such variations in the quantities any extra claim from contractor due to increase or decrease or deletion of the item in the schedule of the quantities shall not be entertained by NFL. However, total executed value shall be limited to +25% of the awarded value The rates quoted by the tenderer shall be inclusive of all labour, materials, tools and plants necessary for executing the work and all other miscellaneous expenditure for or 17

18 incidental to in connection with the execution of the contract including all types of taxes, duties, royalty, octroi etc, but excluding service tax. Payment of taxes and other statutory levies leviable at present or which may become leviable in future or from time to time etc. is the responsibility of the contractor and shall not be payable by NFL The rates quoted/finally agreed as per Work Order shall be treated to remain firm throughout the pendency of the contract including any extension period that may be granted and shall not be subjected to any sort of escalation even if such escalation is enacted by either the Local Bodies / Municipal Corp. / State Government or the Central Government for the materials and/or POL. NFL shall not allow even a minor revision of prices of the quoted rates during the pendency of the contract under any circumstances whatsoever. The tenderer must quote keeping in full view the requirements of the tender document except where it has been clearly stated that extra shall be paid, it is to be understood that nothing extra shall be paid even though it may not have been specifically pointed out that nothing extra shall be paid. Therefore the rates to be quoted in the 'Schedule of Quantities' by the tenderer are to be fully inclusive of the value of work described under several items including all costs and expenses which may be required in and for the completion of the work described together with all taxes, general risks, liabilities and obligations (e.g. Temporary buildings, fencing, watching lighting, dewatering of drains leading to low lying areas/site of work, leaking water supply lines/sub soil water, stagnated water at site, insurance, royalty and the like and the prices are also to be inclusive of all labour, materials, tools, plants and equipments hoists, tackles, scaffoldings and the sundries, etc., as may be necessary for full and entire completion of the work CONTRACT PERIOD : A mobilization period of 14 days from the date of issue of work order may be granted for mobilizing men & material at site. The scheduled date of start of the work shall be considered after expiry of mobilization period i.e. from the 15th day from the date of issue of work order OR from the date of handing over of site or construction/ working drawings whichever is later. The total contract / completion period under this contract shall be 12 (Twelve) Months (AS MENTIONED IN NIT) and all the jobs assigned to contractor shall be completed within this contract period which shall be reckoned from the scheduled date of start of work If the progress of this work under this contract is found to be unsatisfactory/behind the schedule NFL may offload the said work by giving one week notice to the contractor and get the same done from any available agency at the risk and cost of the contractor SCOPE OF SUPPLY OF MATERIALS/MACHINARY BY NFL : Cement and Steel: Cement, Tor Steel, Mild Steel, Structural Steel required for executing the entire work under this contract will be supplied free of cost by NFL at its stores. The cartage of the same from NFL's stores to site of work shall be arranged by the contractor without any extra claim The allowed variations in consumption of cement issued by NFL from its stores, shall be +/-3% of the theoretical consumption as per CPWD schedule Empty cement bags shall be returned by contractor to NFL's stores. However, contractor will be allowed a wastage allowance of 10% (ten per cent) of the total no. of cement bags used in the work towards curing of concrete etc. Contractor will be liable to pay at the rate of Rs (Rupees four only) per empty bag for the number of unreturned empty bags that will fall 18

19 short of the no. of total returnable bags totaling to 90% of the total no. of cement bags used in the work 1.5 Return of serviceable steel shall be in accordance with contract provisions Tools and Plants : NFL will not issue any other material from its store for executing this contract SCOPE OF SUPPLY OF MATERIALS BY CONTRACTOR: All the other materials / tools and tackles required to execute and complete the work in all respects shall be arranged by the contractor at his cost from the open market All GI pipes, Sluice/air valves, brass fittings / fixtures shall be of approved brands & confirm to CPWD specifications with relevant IS code of the material All dismantled CI/GI pipes and fittings shall be deposited in the civil maintenance store/main stores. Till the materials are deposited in the stores, any payment on account of dismantling such items shall not be made No advance shall be given to the contractor as mobilization advance or secured advance against material procured etc DEFECT LIABILITY PERIOD : The defect liability period of this work shall be SIX MONTHS from the certified date of completion of the work or the expiry of one full monsoon period i.e. 15th October of the year whichever is later OR as mentioned in Scope of work The contractor will be responsible for maintaining the works and making good at his own cost any imperfections which may become apparent during the defect liability period. In the event of failure of the contractor to rectify the imperfections during Defect Liability Period, the same shall be got attended by NFL at the risk and Cost of contractor and the amount, so incurred by NFL to attend to these defects,shall be recovered from the Security lying with NFL as per terms and conditions of GCC SECURITY DEPOSIT: The amount of security deposit against this contract shall be refunded to the contractor on successful completion of defect liability period WATER CHARGES: NFL shall provide water connection, if required, FREE OF CHARGE at a single point in or around the area of work for executing the job. Further water supply distribution if required shall be made by the contractor at his own cost ELECTRIC POWER CONNECTION: Electric power supply if required for executing the work shall be provided FREE OF CHARGE at a single point. The power switches shall be arranged and got certified from a licensed technician by contractor at his own cost. All electrical installations made by the contractor shall conform to Indian Electricity Rules

20 PROVIDENT FUND CODE: The contractor shall furnish PF Code No. of his employees within one month from the date of issue of this work order and shall maintain all periodical records pertaining to PF of his employees as per requirement of PF Act. NFL reserves the right to deduct/withhold such amount from contractor's bills as deemed fit towards PF of his employees along with his contribution and such deducted/withhold amount can be released to him only when he produce clearance/no Objection Certificate from the Regional Provident Fund Commissioner LABOUR LICENSE & INSURANCE: Contractor shall obtain labour license, if required, from REGIONAL LABOUR COMMISSIONER (CENTRAL) BHOPAL" and labour insurance with medical cover for his labour force to be employed by him as per statutory requirement & he shall submit the same to NFL. No payment whatsoever nature it may be, shall be released to contractor in the absence of these documents. The contractor shall also take medical cover for the workmen deployed by him to cover the medical treatment in respect of his workmen TERMS OF PAYMENT : Running 'On Account' payment : Generally running on account payment shall be released to the contractor on monthly basis, based on the quantum of the work executed in the month. One measured R.A. bill may be followed by another bill based on the ad-hoc quantities of work executed during the month. The payments shall be released after recovery of the following: i.) ii ) iii ) Value of chargeable materials issued by NFL, if any. Statutory deduction like Income tax, Commercial tax, Cess on works contract, as Applicable. Any other recovery if becomes due Invoicing : All invoicing towards progressive payments shall be raised in the name of NFL and shall be sent to the NFL for certification, once in a month, as per the standard procedure established/to be established by the Engineer-in-Charge All invoicing for progressive payment shall include the following documents in one original plus three copies: - Invoice, - All documents to comply with statutory requirements Rates for additional, altered or substituted work: Altered/additional item(s) of work if required to be executed as per the directions of the Engineer-in-Charge and if no rate exists in the Schedule of Rates, the same shall be worked out as per General Terms & Conditions of Contract FINAL BILL : Final bill including following documents shall be submitted by contractor within 90 days from the certified date of completion of the work: 20

21 a) Final bill of quantities and rates in the Performa approved by NFL. b) Material reconciliation statement for all materials issued by NFL to the contractor whether on free-issue basis or chargeable basis. c) Final takeover of work/completion certificate issued by the Engineer-in-Charge. d) All claims or reimbursements pursuant to the contract including "No claim certificate" on NFL's approved Performa. e) No dues certification for facilities provided by NFL to the contractor. f) Certificate of clearing of temporary establishments of the contractor at site. g) Performance guarantee duly amended to cover the defect liability period. h) Indemnity certificate towards all labour payments and statutory payments, indemnifying NFL/Consultant in this regard No further claim for payment of any kind whatsoever shall be made by contractor after submission of the final bill. If made such claims shall not be entertained In case final bill is not submitted within 90 days, as specified above, the Engineer-in-Charge shall be at liberty to carry out their own measurement/recording of work done and may make payment or recover balances based on such measurement/recording which shall be binding on the contractor INCOME TAX / COMMERCIAL TAX /CESS : NFL shall be entitled to deduct Income Tax /Commercial Tax / CESS at source from all payments due and to be made to the contractor under this contract in accordance with the provisions of Income Tax/ Commercial Tax / CESS Act and rules framed there under, as applicable from time to time, including any amendment or modifications thereof FINANCIAL GUARANTEE FOR SECURITY AND PERFORMANCE: Contractor shall deposit a sum equivalent to 2.5 % of the value of the Work Order, towards Initial Security Deposit (I.S.D.) within 10 days from the date of issue of work order. Further NFL shall deduct such sum 7.5 % of work value of each bill to make the total Security Deposit amounting to maximum 10% of the gross value of the work done. The amount of EMD shall be adjusted in the I.S.D Alternatively contractor shall provide Bank Guarantee from a scheduled Bank for the due and faithful performance of the contract for a total sum equivalent to 10% of the awarded contract value. The said bank guarantee shall be valid till expiry of the contract period and / or Defect Liability Period with provision for claim period up to 3 months. No interest shall be payable on the Initial Security Deposit, Security Deposit or the financial guarantee lying with the NFL The contractor shall exercise his option of either clause or above within 10 days of the issue of work order and thereafter bank guarantee shall not be accepted. 21