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: Repairs to Flexi Vinyl Lining in Factory area. REFERENCE : NIT NO. NFVP/CICO/2317 DATED TABLE OF CONTENTS This Tender Document (AS ISSUED TO CONTRACTOR) consists of following: Page No. S. No. Description From - To 1. Table of Contents 1 2. Notice Inviting Tender (Copy of NIT) 2 3. 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 Schedule of Quantities 01 Page TOTAL SHEETS OF TENDER : 37 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 VIJAIPUR , DIST. GUNA (M.P.) (CIVIL ENGINEERING DEPARTMENT) NFVP/CICO/2317 DATE: NOTICE INVITING TENDER Sealed item rate tenders for the following work are invited in Three Bid system i.e. Part-I consisting of E.M.D., Part-II Techno Commercial Bid, and Part-III consisting of Price Bid from Contractors enlisted in NFL's Select Panel of Contractors: Name of work: Repairs to Flexi Vinyl Lining in Factory area. Estimated cost : 3.35 Lakhs Cost of tender Documents: Rs (Rupees Two Hundred only, including GST). Contract period Earnest Money Deposit : 1 (One) Months (Excluding Rainy season) : Rs (Rupees Five thousand only). Sale of tenders : From To Receipt of Tenders (Part-I, Part-II, And Part III ) Opening of tenders (Part-I & Part-II) (Part-III) : On up to PM. : On at PM. : To be decided after opening of part-i & part-ii Tender shall be issued only to such contractors who submit the proof of having their PAN no. The Cost of tender documents and Earnest Money Deposit shall be in the form of Bank Demand Draft in favor of National Fertilizers Limited" payable at SBI Bavrikheda (Code No.8455) or through Online Transaction (NFL Account No: , IFSC code SBIN ). Bids not accompanied by Earnest Money Deposit 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 or online transfer, as described above at the time of submission of tender document. (G.D.Aujha) CHIEF MANAGER (CIVIL) 2

3 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.No. To, Subject: Repairs to Flexi Vinyl Lining in Factory area. Dear Sirs, Sealed tenders are invited for the work as detailed below: 1. Name of Work: as mentioned in NIT at page no Earnest Money as mentioned in NIT at page no.2 3. Tender Fee: as mentioned in NIT at page no Estimated Value of the work : as mentioned in NIT at page no Time of Completion: as mentioned in NIT at page no Last date of issue of Tenders: as mentioned in NIT at page no. 2 No. NFVP/CICO/2317 Date: Dated: 7. Last date and time of Receipt of Tenders: as mentioned in NIT at page no The date and time of Opening of Tenders: as mentioned in NIT at page no Place of receipt and Opening of Tenders: as mentioned in NIT at page no 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. The Tender shall be submitted duly super scribed (Name of the work e.g. Repairs to Flexi Vinyl Lining in Factory area). 11. 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. 12. 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. 3

4 13. Tender shall be submitted in THREE SEPARATE SEALED Envelopes as under: Envelope No.1: Will be super scribed EM (Earnest Money) and shall contain earnest money deposit of Rs and Rs 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 through online transfer. Envelope No.2: Will be super scribed TC (Terms and Conditions) and shall contain terms and conditions set for the tender by tenderer for his offer (in duplicate) and which are at variance from the terms and conditions of the tender documents issued by NFL and the documents as per Para 16 & 18. I - 2 (DECLARATION FORM to be enclosed in this envelop) Envelope 3: Will be super-scribed PB (Price Bid) and shall contain the rates and amount quoted in the prescribed schedule of rates. All the three sealed envelopes shall be submitted in a separate sealed envelope superscribed (Name of the job e.g. Repairs to Flexi Vinyl Lining in Factory area). 14. Opening of Tenders Envelope No.1: Marked EM containing Earnest Money will be opened first, on the schedule date of opening of tender in presence of those tenders who wish to be present at the time of Tender Opening. Envelope No.2: Marked TC will then be opened and discussion will be carried on with the respective tenderer for clarification, if any. Envelope No.3: Marked PB will be opened subsequently on the same day or at a later date, which will be intimated to tenderer. The following documents are to be submitted with the quotation in the envelope no. 2, failing which the tender will be liable for rejection: 16.1 (in case the parties are pre- qualified); 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. Department /Public Sector Under taking 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. 4

5 c) Other details are as under: I - 3 PAN (Permanent Account No.) issued by Income Tax Deptt. GST Registration certificate /Accounting Code if applicable, may be attached. Declaration Forms I&II 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 prequalification criteria : Tenderer shall submit along with the tenders full particulars of their capacity, experience giving the list of similar jobs carried out by them during the last seven years, the complete address of organization for which such works have been executed and also substantiate their claims furnishing the copy of their credentials as per NIT. In the absence of these documents tender will not be considered. 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 Chief Manager (Civil). Thanking you, Yours Sincerely, For National Fertilizers Limited 5

6 II-1 NATIONAL FERTILIZERS LIMITED (A GOVT. OF INDIA UNDERTAKING) VIJAIPUR , DIST. GUNA (M.P). INSTRUCTIONS TO TENDERERS 1. Sealed item rate tenders are invited on behalf of National Fertilizers Limited, New Delhi for the work of "AS MENTIONED IN NIT at page no. 2". The tender shall be submitted in the prescribed form. 2. The work is required to be completed within the period AS MENTIONED IN NIT at page no. 2 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 complete in all respects in sealed cover together with all documents mentioned in the tender so as to reach the office of Chief Manager (Civil), National Fertilizers Limited, Vijaipur at site office Building up to AS MENTIONED IN NIT at page no. 2. The tenders will be opened on the same day at 1530 hours in the presence of tenderers or their accredited representatives who may like to be present. Before submitting their tenders, tenderers are advised to go through the following terms and conditions very carefully. 4.a) 4.b) 5.a) The tender shall be accompanied by Earnest Money of Rs. AS MENTIONED IN NIT at page no. 2 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 through Online Transaction (NFL Account No: , IFSC code SBIN ). 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. 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) GST TAX : (i) The tenderer may quote his rates excluding GST. 6

7 II-2 The tenderer must mention GST Registration / GST Code and the accounting code in the invoice / receipts. The tenderer shall indicate the GST rate in his offer. Any variation in the rate shall be to NFL s account during contractual period only. (ii) The bidder must mention GST Identification Number (GSTIN) and the Accounting Code in the invoice/receipts. The bidder shall indicate the rate of GST in their offer. I) In respect of invoice no.for Rs. dated... under work order no. NFVP/CICO/2317 dated. in accordance with the GST act/rules, GST amounting to Rs. has been deposited on dated vide challan no (copy enclosed) with the Government. II) III) I undertake to indemnify NFL against any loss or liability arising to NFL in connection with GST related to above work order. I also undertake that I will deposit the GST amount in time & also submit the GST Return Forms well within stipulated time schedule so that NFL can avail input tax credit on GST immediately. 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 I/c., 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. 7

8 II-3 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. All rates shall be quoted on the tender form. 12. 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) (iii) 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, Extend the contract for a further period of One MONTH on the same rates terms and conditions as per mutual consent. 19. GST/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. 8

9 II-4 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. 22. 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 9

10 Chief Manager (Civil) National Fertilizers Limited Vijaipur , District Guna (M.P.) (Hereinafter referred to as NFL) Dear Sir, III - 1 TENDER FORM I/We have read and examined the following documents relating to the work "AS MENTIONED IN NIT at page no. 2 : a) NIT and Instructions to Tenderers, b) Scope of work/supplementary Conditions of Contract, c) General Terms & Conditions of Contract including Special Conditions of Contract, contractor's labour regulations, model rules for labour welfare and safety code appended to these conditions, d) Schedules of Quantities (SOQ), e) Specifications/Technical Specifications. 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 at page no. 2. 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 General Terms & Conditions of 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. 10

11 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 : AS MENTIONED IN NIT at page no. 2 b) Earnest Money Deposit : Rs. AS MENTIONED IN NIT at page no. 2 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 General Terms & Conditions of 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. AS MENTIONED IN NIT at page no. 2 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. 11

12 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: 12

13 NATIONAL FERTILIZERS LTD. ( CIVIL ENGINEERING DEPARTMENT ) VIJAIPUR , DIST. GUNA (M.P.) REFERENCE : OUR NIT No. NFVP/CICO/2317 DATED: Name of work : Repairs to Flexi Vinyl Lining in Factory area 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 GENERAL CONDITIONS: The contractor has to depute one full time supervisor at site. 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 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 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 incidental to in connection with the execution of the contract including all types of taxes, duties, royalty, octroi etc, but excluding GST. Payment of taxes and other statutory levies leviable at present or which may become leviable in future or from 13

14 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 AS MENTIONED IN NIT AT PAGE NO. 2 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. The contract period may be extended for another one months on the same rates, terms and conditions as per mutual consent 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: NFL will not issue any material from its store for executing this contract SCOPE OF SUPPLY OF MATERIALS BY CONTRACTOR: All the materials / tools and tackles, safety helmets etc. required to execute and complete the work in all respects shall be arranged by the contractor at his cost from the open market No advance shall be given to the contractor as mobilization advance or secured advance against material procured etc DEFECT LIABILITY PERIOD : 14

15 7.1.0 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 after completion of the 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 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 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 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 work executed in the month. One measured R.A. bill may 15

16 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.) Value of chargeable materials issued by NFL, if any. ii ) iii ) 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: 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. 16

17 In case final bill is not submitted within 90 days, as specified above, the Engineerin-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 PAYMENT OF WAGES : The wages of the workers are to be paid by the contractor in accordance with the rates of wages as notified by M.P. Govt. from time to time through direct credit in the bank account or in exceptional cases by way of cheque to all contract labours. In case contractor fail to make the payment to his workmen on or before 7th day of the following month, NFL, being the Principal Employer will disburse the payment to his workmen employed for this work as per attendance register and deduct the amount so paid from his bill. For this, NFL will recover additional 25% of the total wage bill of the labour as departmental charges VARIATION TO CONTRACT CONDITIONS :Deleted OTHERS : No compensation for any damage done to the executed job or to the raw materials stored at site, by rain, flood, or any other unavoidable circumstances, or natural calamities during the execution of work or up to expiry of liability period, shall be made by NFL The contractor shall comply with the provisions of the Minimum Wages Act, 1948, Employees Provident Fund & Misc. Provisions Act,1952, Employers Liability Act, 1938, Workmen's compensation act, 1923, Bonus Act 1965, Maternity Benefit Act,1961, the contract labour (Regulation & Abolition Act, 1970 and Mines 17

18 Act,1932, Factories Act 1948, or any modification thereof. Contractor shall also comply with the provisions of all the other acts, rules regulations such as Leave & Holidays, Retrenchment compensation, payment of Bonus, Gratuity Benefit, Medical Benefit etc. etc. connected with the employment of labour for the purpose of execution of this contract. Note: - The above acts are only illustrative and not exhaustive. The contractor shall get his liability under Workmen s compensation Act,1923, insured through an Insurance company. The contractor shall also take medical cover for the workmen deployed by him to cover the medical treatment in respect of his workmen In the absence of the contractor himself, the contractor will depute minimum one site supervisor with proper power of attorney from the date of start of the work to the date of actual completion of the job for supervising work arranging material, manpower taking instructions from Engineer-in-Charge/Site Engineer, accepting the measurements etc. in the absence of the said supervisor, NFL may suspend the work at the cost of contractor National Fertilizers Limited reserves it's right to accept/reject the lowest or any other tender or split up the award of work between two or more agencies without assigning any reason thereof. NFL further reserve it s right to extend the contract for a further period of Three Months on the same rates terms and conditions as per mutual consent The validity of the tender for acceptance shall be up to 120 Days from the date of opening of price bid. The EMD of the unsuccessful tenderers shall be refunded after the award of the work Schedule of Quantities (AS MENTIONED IN NIT ) 01 pages are enclosed for the purpose of quoting the rates by the contractor General Terms & Conditions of Contract (GCC) along with special conditions of contract shall be applicable for the execution of the contract The contractor shall indemnify and keep indemnified the NFL against the 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 there to including his employees TIME LIMIT FOR UNFORESEEN CLAIMS: In case the contractor fails to claim compensation from NFL on account of any claim under the contract in writing to the Engineer-in-Charge within a period of one month of cause of action or such a claim arise, the contractor shall be deemed to have waived off his right to claim the same AGREEMENT: Contractor shall enter into an agreement with NFL on a Non judicial stamp paper of appropriate value (presently Rs ) within a period of 10 days from the date of issue of LOI / work order. No payment shall be released to contractor in the absence of the agreement ARBITRATION CLAUSE: 18

19 (a) (b) (c) Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever which may arise at any time between the parties hereto, touching the construction, meaning, operation or effect of contract or out of the matters relating to the contract or breach thereof or the respective rights or liabilities of the parties, whether during or after completion of the works or whether before or after termination, shall after written notice by either parties 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 (appropriate designated authority may be inserted as per contract value). The Arbitration and Conciliation Act 1996(Amendment Act 2015) 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. (d) 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. (e) 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 rate SBI PLR, base rate as applicable to NFL on the date of award of contract COMMON CONDITIONS: (1) The prospective tenderers having any common partners / Directors / managing partners etc. or having any other common criteria shall be considered as Sister / Group / Associate Company. In such cases, only one of them will be eligible for participating in the tender. Tenderer has to submit a declaration along with the technical bid: (a) (b) (c) That no other Firm / Sister concern / associate belonging to the same group is participating / submitting this tender. That the bidders, their associates, Sister Concerns etc. have not been black listed by any Institution agency / Government Department / Public Sector undertaking in the last two years. In case of concealment of any fact, if detected later on, such tenderer will be debarred from all dealings with NFL. (2) No condition or deviation should be mentioned by the tenderer in price bid. Offers where party has mentioned any condition or deviation in price bid shall be liable to be ignored without any further reference. (3) The tenderer shall quote the price strictly as per Performa enclosed or schedule of prices. Parties should quote one rate for specific quantity quoted by them. Tenders with 19

20 quotation of different rate for different quantities shall be rejected without any further reference. (4) One person will be allowed to represent only one company during discussions / negotiations with NFL. If same person is representing different companies with authorization with letter from more than one company, such person will be allowed to represent only the first company called for negotiation. (5) Bidders may ensure that, tender documents / offer have been signed by appropriate / authorized representative of the company. Withdrawal of offer / non-acceptance of orders placed on offers submitted by the bidders on their letter head will not be allowed on the grounds that offer was not signed by authorized person. (6) The contractor shall immediately remove from the work any person deployed there on who may misbehave or cause any nuisance or otherwise and is not fit person to be deployed on the work and such person shall not be again deployed on the work without the prior written permission of the officer in charge. (7) The contractor may depute such employees as he may think fit. The employees should be the employees of the contractor for all purposes whatsoever and shall not be deemed to be in the employment of NFL for any purpose whatsoever. If, under any circumstance whatsoever, NFL is held responsible to the employees of the contractor in respect of any matter, NFL shall be reimbursed by the contractor for the same. Any other expenses incurred by NFL as a result of any claim, NFL shall be entitled to claim / demand compensation from contractors in that event. (8) 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 premises. They shall not smoke inside the premises and shall not be under the influence of intoxicating or drugs while on duty within the premises. (9) The contractor shall make his own arrangement for housing his workmen no land / tenement within property of NFL Vijaipur shall be made available to the contractor. (10) It shall be the duty of the contractor to pay the minimum wages to its employees as specified by the Government from time to time. The contractor shall have no right whatsoever to claim the escalated wages after the award of the contract from NFL as notified by Govt. from time to time. Upward revision of minimum wages from time to time shall be deemed to be inbuilt in the quoted rates by the contractor. (11) The Contractor should satisfy himself with the site conditions prevailing at the place of work. He shall be deemed to have apprised him self of all the ground conditions at site including weather condition. (12) 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 selection thereto. (13) The Contractor shall at all times keep NFL indemnified against all claims, damages or compensation under the provisions of the payment of wages act 1936, Minimum wages act 1948, Employees Liability Act 1938, the Workmen Compensation Act 1923, Equal remuneration act 1976, Employment of Child Labour Act 1938, Abolition of Bonded 20

21 Labour Act and the Contract Labour (Regulation and abolition) Act 1970, or any other Act regulating the employment of Labour by Contractor. (14) The Contractor shall take insurance cover for his employees to cover his liability under Workmen s compensation act. Contractor shall also take medical cover under the insurance policy to meet medical treatment expenses of his employees in the event of an accident while on duty. (15) The Contractor shall remove all his material and workmen from NFL premises on termination of the contract. It is the term of the contract that it shall be total responsibility of the contractor to clear the premises after the completion of the job. If the contractor stays on the premises thereafter, he shall be deemed to be a trespasser and in addition he will be liable to pay to the owner a sum of Rs.1000/- per day as damages. (16) Termination / Cancellation of Contract : NFL may terminate the contract if: (a) At any time, the contractor makes default in proceeding with the works /job with due diligence and continues to do so after of notice in writing of 3 days from the Officein-Charge, OR (b) If the contractor persistently disregards the instructions of the Officer-in-charge, 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 steps to remedy it within 3 days after notice in writing given to him by the Officer-in-charge, OR ( c ) If the contractor obtains the contract with NFL as a result of ring tendering, or other non-bonafide methods of competitive tendering, (d) (e) OR If the contractor assigns, transfers or sublets or attempts to assign transfer or sublet the entire work or any portion thereof without the prior written approval of the accepting authority, OR The contractor abandons the contract. (18) Force Majeure : The terms and conditions agreed upon under the contract shall be subject to Force Majeure. Neither the contractor nor NFL shall be considered in default in the performance of their obligations contained therein, if, such performance is prevented or delayed or restricted of interfered with by reasons of war, hostilities, revolution, civil commotion, strike, epidemic, accident, fire, flood, earthquake, regulation or ordinance or requirement of any government or any subdivision thereof or authority or representative of any such Govt. and / or any other act whatsoever, whether similar or dissimilar to those enumerated beyond the reasonable control of the parties hereto or because of any act of God. The party so affected, upon giving prompt notice to the other Party shall be excused from such performance to the extent of such prevention, delay, restriction or interference for 21