REF. No.: NFB/TS/COMP/36/ Date:

Transcription

1 NATIONAL FERTILIZERS LIMITED ( A GOVERNMENT OF INDIA UNDERTAKING ) An ISO-9002 AND ISO UNIT Sibian Road Bathinda (Punjab India ) Website : Phone: , Fax : , vpkason@nfl.co.in REF. No.: NFB/TS/COMP/36/ Date: Sub:- NIT For Annual Maintenance Contract of PCs, Printers, LAN and other peripherals for Two Years Sir, Tenders in sealed cover duly superscribed along with EARNEST MONEY giving the above reference are invited for the subject job as per the following details and the enclosed terms and conditions. 1. Scope of work : AMC of Machines as per Annexure-IIIA & B at NFL Bathinda for two years as detailed in Annexure-I. 2. Tentative Period of Contract. : Two years from the date of award of work 3. Estimated Tender Value : Rs /- + Service Tax ( For Two Year) 4. Earnest Money : Rs /-( Rs Twenty Five Thousand Only) 5. Cost of Tender documents : Rs. 500/- ( Rupees Five Hundred Only) 6. Last date of receipt of tenders : 2:30 P.M. 01-Aug Date of opening of tenders : 3:00 P.M. 01-Aug-2014 in the presence of bidders or their authorized representatives who wish to be present. 8. Date of Price Bid Opening : To be notified later on 9. Validity of Tender : 120 days from the date of tender opening. 10. Place of receipt and opening the tenders : Chief Manager(CS) National Fertilizers Limited, Sibian Road, BATHINDA (Pb.) 11. General terms and conditions of the contract : Enclosed at Annexure-I. 12. Eligibility Criteria : Enclosed at Annexure-II 13. Performa for Quoting rates : Enclosed at Annexure-IIIA & B 14. Performa for Bidder's relevent experience : Enclosed at Annexure-IV 15. Declaration Form - I & II : Enclosed at Annexure-V & V(a).

2 PROCEDURE FOR SUBMITTING TENDERS:- Tenderers should quote their rates in the Performa enclosed as Annexure-III. Tender should be submitted in THREE SEALED ENVELOPES as under:- A) Envelope No. 1 :- This envelope should be super scribed with the word EARNEST MONEY AND COST OF TENDER DOCUMENTS. It should contain crossed DEMAND DRAFT of earnest money and cost of tender documents, if down loaded from website, separately issued by any scheduled bank, favoring National Fertilizers Limited, Payable at Bathinda. B) Envelope No. 2:- This envelope should be super scribed with the word Techno-commercial and should contain the complete tender document duly signed on each page as a token of acceptance of Scope of work and all the terms and conditions and copies of all relevant documents as per Eligibility Criteria. C) Envelope No. 3:- This envelope should be super scribed with the word PRICE BID and should contain Schedule of Quantity/Rates in the enclosed Performa at Annexure IIIA & B. No conditional offer will be entertained. All the three envelopes are to be submitted in ONE OUTER ENVELOPE super scribing clearly Reference No. of our Notice Inviting Tender & Due Date of Opening. Any tender not accompanied by Earnest Money or cost of tender documents shall be rejected. NFL reserves the right to reject any or all the tenders without assigning any reasons whatsoever. QUOTATIONS submitted by tenderer should be UNCONDITIONAL & rates should be firm for the entire period of contract. If the contractor withdraws his offer within validity period or fails to commence the work awarded, the EMD submitted by the contractor shall be forfeited by the company. Tenderers may visit site on any working day, with prior information, to access quantum of work involved, if they wish. Thanking you For and behalf of National Fertilizers Limited, Bathinda Encl: As Stated (V.P.Kason) Chief Manager(CS) Note:- Tenderer can download complete NIT from our website OR Cost of tender document as stated above, is to be sent along with Earnest Money in the form of separate Demand Draft

3 Annexure- I SCOPE OF WORK AND OTHER TERMS & CONDATIONS OF ANNUAL MAINTENANCE CONTRACT FOR COMPUTERS AT NFL, BATHINDA 1.0 SCOPE OF WORK: Tenderer will carry out maintenance of the computers & other peripherals installed at N.F.L. Bathinda, on as is where is basis, for a period of 24 months. The maintenance will include carrying out breakdown/ preventive maintenance as well as replacement of faulty parts and plastic parts for which no separate charges would be paid by N.F.L. However, Consumable items i.e. Ribbons, toners, ink cartridges, print heads, UPS batteries, Laptop batteries and Drum Unit, Drum Cleaning Blade, Developer (for Sharp Photo Copier cum printer AR-M-160 only) will not fall under the scope of this AMC. It may be noted that Fuser Assembly is covered under the scope of the tenderer The Tenderer shall provide regular preventive maintenance with a frequency of not less than once per quarter in addition to breakdown maintenance of machines Tenderer will have to post a THREE permanent full time experienced service Engineers, having adequate knowledge to handle the job, at N.F.L. Bathinda for entire contract period. Resident Engineers who will be posted, should be fully skilled for maintenance of PCs, Printers & UPS along with troubleshooting of networking problems as PCs are connected on LAN. The posted Resident Engineers should be having minimum two years' experience of similar nature. Site Service Engineer shall leave the site only with the permission of Engineer-in-charge. The bidder will ensure that service engineers are available on all working days. Holidays/ leave period of service Engineer will be covered by the contractor by providing a suitable substitute, otherwise a penalty of Rs. 300/- per day shall be applicable. On direction from the Engineer in charge, contractor shall immediately remove from the works, any of his employees who in the opinion of the Engineer in charge is not a fit person to be retained on the works or by his conduct has made his presence undesirable and such person shall not be positioned on the works again Maintenance support and deputation of your service Engineer would be provided during normal working hours of NFL, Bathinda on all working days of the Company Services covered under AMC shall include but not limited to the following: I) PC/Printers & Other Peripherals : a) Connectivity tests if the machine is part of network. b) Free spares replacement. c) Attending all breakdown calls and their monitoring for timely closure of the call. d) Preventive Maintenance of all the equipments. e) Removal of virus with the help of antivirus software provided by NFL. f) Operating System re-installation in case of OS crash. g) MS-OFFICE re-installation in case of MS-Office crash. h) Installation of PC Based Software. i) Backup of data of individual PCs whenever Hard disk requires re-formatting. j) Installation/Reinstallation of PCs/Printers/Server after repair/servicing/shifting within NFL, Bathinda.

4 II) Local Area Network : a) Trouble shooting of the network connectivity between PC & the switch. b) Repair/Replacement of the passive components in case of its failure. c) Replacement & re-laying of UTP cable in PVC conduit/channel in case of any fault on the back one/segment. d) Replacement / Re-laying of Optical Fiber cable in GI Pipe/PVC Conduit in case of any fault on the main back bone / segment. e) Splicing of OFC. f) Terminations of OFC. g) Termination of UTP cable on Information outlets and Jack Panels. h) Repair / Replacement of accessories like Jack Panel, Cable Manager, Fans, Power Distribution Unit (PDU) etc. of switch mounting rack including cable dressing. i) Testing of the LAN segment after carrying out any repair/replacement. j) Repair of CISCO switches. In case any of the switches is found beyond repair, the same shall be replaced with a switch of same or higher configuration. k) 3-COM-4400 switches installed at NFL, Bathinda are covered under lifetime warranty by its OEM and only liaison with M/s 3-COM for its repair / replacement and on-site support shall be provided by the tenderer. For liaison with 3-COM, the tenderer shall follow all the procedures of 3-COM including obtaining RMA Number etc. The Tenderer shall deposit defective Switches / Fiber Module and also collect the replacement from 3-COM (at Delhi) and the same shall be re-installed by the tenderer at the relevant location. The tenderer shall, however, provide a stand-by switch and its accessories till a replacement is received from 3- COM Tenderer will have to arrange for periodical cleaning of all the equipments with a good quality cleaning agent (the cost of the cleaning agent will be borne by tenderer) so as to keep all the equipments in a good look by removing spots, if any In case of replacement of any faulty mouse, the old mouse will have to be replaced by optical mouse of Samsung/Logitech/iBall/Samsung make having scroll button. No other make/model will be acceptable For Notebook Computers, tenderer will provide carry-in-support and max. Turnaround time shall be two business days. If turnaround time exceeds two working days, a standby Notebook will have to be provided Tenderer may depute his engineer to our site i.e. NFL Bathinda for Pre-inspection of the said machines before quoting the rates, if required Damage caused to the machines due to natural disasters like fire, earthquake, riots & floods would not fall under the scope of this maintenance contract Tenderer will deposit EMD as defined elsewhere in the form of demand draft favouring M/s National Fertilizers Limited, Payable at Bathinda. EMD of unsuccessful bidders would be refunded after award of AMC.

5 Spares Stock: In order to provide faster Maintenance, the tenderer shall keep stock of following new spares at NFL, Bathinda Location & shall also maintain the same during the entire tenure of AMC contract. These spares shall be available at NFL, Bathinda location within 15 days of commencement of the contract. Sr No Item Description Acceptable Make Quantity 1 Processor core 2 Duo E GHz Intel 4 2 Processor core 2 Duo E Intel 3 GHz 3 Processor Pentium Dual Core E6700 Intel GHz 4 Mother Board Compatiable to CPU Intel/Acer/Wipro 4 core 2 Duo E GHz 5 Mother Board Compatiable to CPU Intel/Acer/Wipro 3 core 2 Duo E GHz 6 Mother Board Compatiable to CPU Intel/Acer/Wipro 3 Pentium Dual Core E GHz 7 CD/DVD Drive LG/Creative/Acer/Sony/Samsung 5 8 HDD 320 GB Seagate/Quantum/Samsung/WDC 5 9 HDD 500 GB Seagate/Quantum/Samsung/WDC 5 10 RAM ( Compatible with above OEM/Kingston/Hynex/Transcend 5 mother Boards) 11 LCD Monitor ( 15"/17") OEM/LG/Acer/Samsung/Dell/Sony 5 12 Laser printers with at least one HP 4 Network Printer 14 Keyboard USB OEM/Samsung/Logitech/ iball 8 14 Mouse USB OEM/Samsung/Logitech/ iball 8 15 Network Switches 24 Port Cisco/HPProcurve/Netgear/ 2 (Manageable / Unmanageable) D-Link 16 Network Switches 8 Port Cisco/ HPProcurve/Netgear/ 2 (Manageable / Unmanageable) D-Link 17 SMPS ADSL Router Dlink/Sterlite 2 19 Spares for HP LJ 1007, HP LJ 1020, HP LJ 1505 & HP 2055dn 1) Paper Pick up Assembly HP 2 for each type of printers 2) Fuser Assembly HP 2 for each type of printers 3) Scanner Unit HP 2 for each type of printers 4) Logic Card HP 2 for each type of printers 5) Power Supply HP 2 for each type of printers All machines under AMC should be in working condition on last day of the AMC. In case any machine is not operational on last day of AMC, that machine would be got repaired from other agencies at your risk & cost and repair charges plus 25% deptt. charges would be deducted from your invoice/bill/security deposit.

6 2.00 NFL s OBLIGATIONS. 2.1 NFL will ensure that stabilized power supply (Mains) is provided to these equipments. Also NFL will not allow any unauthorized tampering/modification/up-gradation of the above machines. 2.2 NFL will provide adequate working space for your service engineer, adequate storage facilities for the test equipment and support spares at the site. 2.3 NFL will provide accommodation to your visiting engineer, if any, on payment basis subject to availability in the guesthouse of the company. However for your permanent service Engineer only one A type accommodation can be provided as per details given in para RESIDENTIAL ACCOMMODATION (A) (B) (C) (D) (E) NFL will provide one No. A Type quarter for one resident engineer, posted by the party for prompt attending of calls, on nominal rent to be fixed by NFL from time to time {which at present is Rs 135/- (Rs. One Hundred and thirty five only) Per Month. If more than one (total upto three) quarters are required, then rent shall be fixed as per FRV. After completion of the contract, the contractor will be allowed to retain the accommodation for 15 days (on the above rates), to complete the contractual obligations after which the contractor shall vacate and hand over the possession of quarter to NFL. In case the quarter is not vacated and handed over back to NFL, within the allowed period, Market rent ( which is fixed by NFL from time to time) will be charged from the contractor for the period the quarter remains under the unauthorized occupation of the contractor. The payment against final bill and the Security Deposit shall be released by NFL after vacation of the quarter by the contractor. The charges for water & electric power consumption shall be charged extra as per Company Rules. While taking the accommodation, the contractor will check the inventory and shall hand over the same to NFL in original condition at the time of vacation of the quarter. Any changes made by the contractor during the course of occupation of the contractor, shall be restored back. If at any time it is found by NFL that any of the contractor s employee residing in the township are creating nuisance/disturbance to other residents, the contractor shall immediately remove such employee(s). In case such employees are not removed by the contractor or still are creating nuisance, the accommodation allotted to the contractor shall be cancelled and he will be required to vacate the same within a period of 3 days after hearing from NFL in writing. The contractor shall have no claim whatsoever on this account. 3.0 CONTRACTORS OBLIGATIONS. 3.1 Tenderer will have to rectify the faults at NFL, Bathinda itself by the service Engineer on the same day. In case any system could not be repaired at our site, the same may be carried out to your office by your representative at your own risk & cost after replacing the same with a stand by system of same or higher configuration. Such system shall be brought back after repairs within 3 days. Any equipment that remains unattended for more than 3 working days without a standby, no payment for the complete month will be made for that item. In case the item is not made available for more than 7 (seven) days then in addition a penalty equivalent to AMC charges of the equipment for that month will be recovered from the bidder.

7 3.2 Tenderer will stand guarantee against the poor workmanship and pre mature failure for a period up to three months from the date of successful completion of contract. 3.3 Any component like HDD, RAM, Motherboard, Processor, Key board, CD-ROM drive, CD Writer etc. which can not be rectified, will be replaced by new one of standard make and similar or higher capacity as per detail given below:- Sr.No. Item Description Acceptable Make 1. Motherboard, I/O Card & CPU Intel Original Motherboard And Intel CPU 2. LCD Monitor Samsung/LG/Acer/Wipro/AOC/ZENITH 3. CD / DVD Drive Sony/Samsung/Acer/LG 4. Network Card Intel/Acer/D-Link 5. HDD SATA HDD of Seagate/Samsung/WD 6 RAM OEM/Kingston/Hynex/Transend/ Simmtronics 7 Keyboard OEM/Samsung/Logitech/iBall/Microsoft 8 Mouse (Optical) OEM/Samsung/Logitech/iBall/Microsoft 9 Printer / Scanner / MFD HP 10 UTP Cable & other passive Lucent/AMP Components of LAN incl I/Os Structured cords, Switch racks Jack panels etc 11. Data Switches (Managed) CISCO/ 3 COM/HPProcurve/Dlink/Netgear 12. Data Switches (Unmanaged) CISCO/ 3 COM/HPProcurve/Dlink/Netgear 13. ADSL Modem Dlink % amount of your running quarterly bills against AMC shall be deducted towards security deposit. Security Deposit after making adjustments, if any, would be refunded after three months of successful execution of contract. No interest will be paid on security deposit. 3.5 In case the contractor or its employee is found misusing the identity card/ gate pass issued by CISF, the contractor will be wholly responsible for its consequences. 3.6 Compensation for any injury/death to contractor s worker(s) while on duty, shall be payable by vendor and NFL will not have any liability on this account. An amount of compensation as applicable from time to time shall be paid by the contractor immediately to the dependents of his worker(s) in case of death while on duty. 3.7 If the contractor fails to complete the execution of the contract and fails to perform his obligation under the contract, the EMD and SD shall be liable to be forfeited by NFL and job will be got executed from another agency at his risk and cost plus 25% deptt. charges. 4.0 PAYMENT TERMS. 4.1 Quarterly payment shall be released against submission of bills submitted complete in all respects along with necessary documents such as proof of salary paid to Resident Engineer, deposit of PF, ESI etc. Income Tax and any other statutory taxes/duties shall, however be deducted from the bills.

8 5.0 GENERAL TERMS. 5.1 Tenderer will comply with all the provisions/regulations of Provident Fund Act. & Labour Laws and other statutory laws as applicable. 5.2 Safety: It is the obligatory on the part of the contractor to abide by the terms and references as contained in the safety code, violation of which will tantamount to disqualification of the contractor for any type of work in NFL as well as the security deposit will also be forfeited. 5.3 On expiry of the Contract, Tenderer shall be required to submit the following certificate along with the final bill: Certified that I/We have made all payments towards wages as define under Payment of Wages Act, 1936 and Contract Labour Regulation & Abolition Act, 1970 in respect of man power engaged/employed for the execution of works award by NFL, Bathinda vide Work Order No. dt.. It is further certified that in case any dispute arises on account of the above for the execution of the above referred work order, we undertake to discharge our statutory obligations, if any and hereby indemnify M/s. NFL from any such responsibilities/payments. 5.4 Any dispute regarding interpretation or implementation of any clause, decision of Engineer-incharge will be final. 5.5 NFL reserves the right to cover 25% additional equipment or removing 25% equipment from the scope of work. The no. of Service engineers will remain constant during the entire contract period. For such additions or deletions AMC charges shall be adjusted based on the item rate for such equipment. 5.6 Contract shall be valid for two years. However, it can be extended for a period of three months on the same terms and conditions at the sole discretion of the NFL Management. The rates shall remain firm during the entire period of contract including the extended period and no escalation whatsoever shall be allowed. In case the contractor does not accept the extension, then job will be got done on their risk and cost plus 25% deptt. charges. 5.7 NFL reserves the right to terminate / cancel the AMC without giving any notice, if your performance is not found satisfactory. 5.8 The contractor shall not assign or sublet the contract or any part thereof or assign any rights or delegate any obligation there under without the prior written consent of NFL. Any breach of this condition shall entitle NFL to terminate the contract and the contractor shall be solely responsible and liable for any loss or damage arising out of or ensuing from such termination. NFL reserves its right to recover the said losses or damages or charges and expenses incurred on this account in any manner whatsoever and from any dues payable to the contractor or available with NFL. The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub-contractor and NFL and shall also not relieve the contractor of any of his obligations under the contract.

9 5.9 Clear Understanding - When a Tenderer submits his tender in response to these tender documents, he will be deemed to have understood fully about requirements, terms and conditions. No claim from tenderer shall be entertained whatsoever on the plea that the tenderer did not have a clear idea on any particular point and/or a clause of the tenderer. In this regards, Annexure-V should be submitted on Non-Judicial Stamp paper The tenderer shall quote his rates with reference to each item and must enter for all the items shown in the attached schedule of quantities The rates quoted in the tender should be valid for 120 days from the date of opening of the technical bid. After the expiry of the said period of 120 days, the rates are to be confirmed by both the parties before executing the contract. No tenderer can withdraw his tender or revoke the same within the same period of 120 days. If a tenderer withdraws or revokes the tender or revises the tendered rates for any item within a period of aforesaid 120 days, his earnest money deposited will be forfeited The tenderer shall sign at the bottom right hand corner of every page of the tender documents and put seal of his organization as token of acceptance of tender conditions and for the purpose of identification Tenders containing erasures and alterations of the tender documents are liable to be rejected unless the person signing the tender documents authorizes these In case of award of contract, tenderer will have to enter into an agreement on prescribed performa with NFL on a non-judicial stamp paper of value Rs. 100/- or as application at that time (to be purchased by tenderer) immediately after award of contract. Copy of the draft agreement will be sent along with Work Order. 6.0 JURISDICTION: Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming the subject matter of the reference if the same had been the subject matter of a suit any and all actions and proceedings arising out of or relating to the contract (including any arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at Bathinda (where this contract has been signed on behalf of the owner) and only the said courts shall have jurisdiction to entertain and try such actions (s) and or proceeding (s) to the exclusion of all other courts. 7.0 CONCILIATION & ARBITRATION: Except where otherwise provided in the contract all matters, question or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract or out of matter relating to the contract or the breach thereof or the respective rights or liabilities of the parties during or after completion of the works or whether before or after termination, shall after written notice by either by either party to the contract be referred to the arbitration of the Unit Head/ED/Functional Director/Chairman & Managing Director, National Fertilizers Ltd. or his/her nominee. The arbitration & Conciliation Act, 1996 or any statutory modification or reenactment thereof and the rules made there under shall govern the Arbitration proceedings.

10 The contractor herby agrees that he shall have no objection if the arbitrator so appointed is an employee of NFL and he had to deal with the matter to which contract relates and that in the course of his duties as such he has expressed his views on all or any of the matter in dispute of differences. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes/differences arising out of contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI PLR/ Base rate as applicable to NFL on date of award of contract.

11 Annexure-II A: ELIGIBILITY CRETERIA ( TO BE SUBMITTED IN ENVELOPE NO. 2) 1. 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. 2. The party shall submit documentary evidence with respect to experience of having successfully completed similar works during last Seven years ending last day of the month previous to the one in which tenders are invited, should be either of the following: a) Three similar completed works costing not less than the amount equal to Rs Lakh. OR b) Two similar completed works costing not less than Rs Lakhs. OR c) One similar completed work costing not less than Rs Lakhs. 3. Similar work means Maintenance work of AMC of PCs,/Server, Dot Matrix printers, Line Printer, Laser Printers, etc. in PSU/Govt./Big Pvt. Companies/Offices. 4. Copies of P&L Account to evaluate average Annual financial turnover during the last 3 financial years of Rs Lakhs is to be submitted.. 5. Bidder should be Original Equipment Manufacturer of Wipro/Wep/ACER/HP/Compaq/HCL/Samsung/ IBM/Lenovo/Zenith Computers/Printers hardware or its Authorized service provider (ASP). Party to submit documentary evidence in this regards. 6. Copy of PAN No. Allotted and copy of latest Income Tax Return filed by them is to be submitted. 7. Bidder should have his PF account and will submit copy of P.F. Registration Number of the firm/company. 8. Bidder should submit copy of Service Tax Registration no. of the firm/ compay. 9. Bidder will submit undertaking on Non-Judicial Stamp Paper regarding no relation with any employee of NFL as per Annexure-V(a). 10. Bidder will adhere to necessary ESI provisions as per ESI act and submt ESI registration no. of the firm/ company. NOTE: The tenderer shall submit documentary evidence/ testimonials in proof of aforesaid eligibility criteria in addition to Annexure-IV along with the Techno-Commercial Bid.

12 B: EVALUATION CRITERIA Since the bids are being invited under two-part bid system, therefore, the following bid evaluation criteria shall be followed: a) Techno-commercial bids (un-priced bids Envelop - 2) of only such tenderers shall be opened who have deposited the requisite Earnest Money as prescribed in the tender documents and cost of tender documents, if downloaded from website. b) The price bid of only such tenderer shall be opened who fulfill the Eligibility Criteria as defined under A above and agrees to all other terms and conditions stipulated in the NIT. c) The work shall be awarded on overall L-1 basis after evaluation of the bids based on quoted rates by the parties and quantities given in the schedule of the quantities. It may be noted that, for evaluation purposes, if the tenderer does not quote rate for any item, the same shall be taken based on the highest rate quoted by any of the other tenderers. However, order shall be placed for the same item based on the lowest rate quoted by any of the other tenderers. d) However, in case it is found that L-1 tenderer has quoted non-workable rates for one or more items due to which they become L-1, NFL reserves the right to reject such tender. This condition shall be applicable on next lowest tender(s) also.

13 ANNEXURE IV DETAILS OF BIDDER S EXPERIENCE FOR ANNUAL MAINTENANCE SERVICES FOR IT EQUIPMENTS S.No Name of the Contact Details of Period of Value of Copy of the Client/ Person along the job Execution of the job Work Company with contact the job Orders. details

14 DECLARARTION-FORM-I Annexure-V Ref. No:NFB/TS/COMP/36/ Dated: Issuing Authority National Fertilizers Ltd. Bathinda I/We have read the conditions of tender attached hereto and agree to abide by such conditions. I/We offer to do the job of AMC OF PCs, PRINTERS, LAN AND OTHER PERIPHERALS, work at the rates quoted in the attached Schedule of Rates and in accordance with the specifications, standards and instructions in writing of the Engineer-in-charge of M/s. National Fertilizers Limited and hereby bind myself/ourselves to complete the work schedule and progress of work. I/We further agree to abide by the conditions of contract and to carry out all work within the specified time in accordance with specifications of materials and workmanship and instructions referred to in the Notice Inviting Tenders. In case of acceptance of the tender by National Fertilizers Limited, I/We bind myself/ourselves to execute the contract as per the conditions mentioned in the tender documents, failing which, I/We shall have no objection to the forfeiture of the Earnest Money lodged with National Fertilizers Limited Bathinda. Thanking you, Yours faithfully For M/s (Signature of Contractor/Tenderer with SEAL) Address :

15 DECLARATION FORM-II Annexure-V(a) The following declaration to be signed by Contractor and to be submitted along with required documents which would be duly self certified: Sr. No. DESCRIPTION YES / NO (If Yes, give the following details) 1 If a Tenderer has relations whether by blood or otherwise with any of employees of NFL (Owner), the Tenderer must disclose the relation at the time of submission of Tender, failing which, NFL shall reserves the right to reject the Tender or rescind the Contract. Name and Designatio n of the Employee Place of Posting Relation with the Employee 2 P.F. Registration No of the Contractor to be intimated along with Documentary proof thereof. P.F. Registration Number 3 PAN No of the Contractor to be intimated along with Documentary Proof thereof. PAN No 4 Service Tax Registration No. with Documentary Proof. Accounting Code No. S.T.Code No. 5 ESI Registration No. Along with documentary proof thereof. ESI Regd. No. 6 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, 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. PLACE : Signature of the Contractor/ Tenderer with SEAL Dated :

16 FORM OF CONTRACT ANNEXURE-VI THIS CONTRACT made at NFL Bathinda this day of BETWEEN NATIONAL FERTILIZERS LTD., A Govt. of India Undertaking registered in India under the Indian Companies Act 1956, having its registered office at Scope Complex, Core-III, 7, Institutional Area, Lodhi Road, New Delhi (hereinafter referred to as the "Owner" which expression shall include its successors and assigns) of the one part AND* *carrying on business in soleproprietorship/partnership/company etc. under the name and style of (hereinafter referred to as the "Contractor" which expression shall include *his/*their/*its executors, administrators, representatives and permitted assigns)* successors and permitted assigns)of the other part. WHEREAS The owner is desirous of executing certain works more specifically mentioned and described in the letter of intent No. for the Bathinda Fertilizers Factory and whereas the contractor has agreed to execute the work as specified in the tender documents in letter of intent mentioned above and also in the contract documents. NOW THEREFORE THIS CONTRACT WITNESSETH AS FOLLOWS: CONTRACT DOCUMENT 1.1 The following documents shall constitute the contract document namely. a) This contract b) Tender documents as defined in the General Instruction to tenders. c) Acceptance of Tender. d) Further Amendment(s), if any. 1.2 A copy of the each tender document is annexed hereto and the said copies have been collectively marked Annexure-I. While a copy of the acceptance of tender and annexure of thereto and hereto annexed and marked Annexure-II (*A copy *copies at the further amendment/ amendments arrived at *is/*are annexed hereto and *collectively marked Annexure-III,) ARTICLE-2 WORK TO BE PERFORMED 2.1 In consideration of the payments to be made to the contractors as hereinafter provided he shall, with due care, promptness, accuracy and workmanship execute the work in accordance with the approved plan. Notice inviting tender special conditions of contract, General conditions and Directions of Contract, Technical specifications and the letter of intent. ARTICLE-3 COMPLETION PERIOD 3.1 The contract work shall be duly completed in all respect and handed over to N.F.L. within stipulated time schedule from the date of issue of letter of intent contractor, shall however start handing over the completed work in phased manner as to be mutually agreed upon between Engineer-in-Chief/Charge and the contractor. The time mentioned herein shall be the essence of the contract. ARTICLE Notwithstanding any other court or courts having jurisdiction to decide the question(s) forming the subject matter of the reference if the same had been the subject matter of a suit, any and all actions and proceedings arising out of or

17 relating to the contract (including any arbitration in terms thereof) shall lie only in the court of competent civil jurisdiction in this behalf at Bathinda (where this contract has been signed on behalf of the owner) and only the said courts shall have jurisdiction to entertain and try and such action(s) and/or proceeding(s) to the exclusion of all other courts. ARTICLE-5 ENTIRE CONTRACT 5.1 The contract documents mentioned in Article-1 hereof embody the entire contract between the parties hereto, and the parties declared that in entering this contract they do not rely upon any previous representation, whether expressed or implied and whether written or oral, or and inducement, understanding or agreement of any kind nor included within the contract documents, and all prior negotiations, representations, contract and/or agreements and understanding are hereby cancelled. ARTICLE-6 NOTICE 6.1 Subject to any provisions in the contract documents to the contrary, any notice, order or communications sought to be served by the contractor on the owner with reference to the contract shall be deemed to have been sufficiently served upon the owner (notwithstanding any enabling provisions under any laws to the contrary) only if delivered by hand or by Registered acknowledgement due post to the Engineer-in-Charge as defined in the General conditions of contract. 6.2 Without prejudice to any other mode of service provided for in the contract documents or otherwise available to the owner, any notice order or other communications sought be served by the owner on the contractor with reference to the contract, shall be demand to have been through Registered post Acknowledgement due to the principal office of the contractor at his/their mentioned addresses. ARTICLE-7 WAIVER 7.1 No failure or delay by the owner in enforcing any right or remedy of the owner in terms of the contract or any obligations or liability of the contractor in terms thereof shall be deemed to be a waiver of such right, remedy obligation or liability as the case may be by the owner and notwithstanding such failure or delay the owner shall be entitled at any time to enforce such right, remedy, obligations or liability, as the case may be. ARTICLE-8 NON-ASSIGNABILITY 8.1 The contract and benefits and obligations thereof shall be strictly personal to the contractor and shall not on any account may be assignable or transferable by the contractor. ARTICLE-9 ARBITRATION All matters, questions, disputes or differences, whatsoever arising between the parties touching the construction, meaning, operation or effect of the contract or out of matters relating to the contract or breach thereof shall be referred to the sole arbitrator appointed by General Manager of NFL whose award shall be final & binding. It is agreed by and between the parties that in case a reference is made to the arbitrator o the tribunal for the purpose of resolving the disputes/ differences arising out of the contract by and between the parties hereto, the arbitrator or the arbitrate tribunal

18 shall not award interest on the awarded amount more than the rate of SBI PLR or actual interest rate paid by the owner (NFL), whichever is lower, prevailing on the date of award of contract. IN WITNESS WHEREOF THE parties hereto have duly executed this contract in duplicate at the place day and year first above written IN WITNESS WHEREOF the owner has executed this contract in duplicate at the place, day and year first above written by the contractor has executed those presents the day and year first above written/inwitness WHEREOF the owner has executed those presents the day and year hereunder written against the contractor(s). SIGNED AND DELIVERED FOR AND ON BEHALF OF CONTRACTOR Signature : Name : Desig. : Witness NATIONAL FERTILIZERS LIMITED BATHINDA Signature : Name : Desig. Witness (Strike off whichever is not applicable)