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 CONSULTANCY SERVICES FOR CONSTRUCTION OF ZONAL MARKETING OFFICE BUILDING AT LUCKNOW, U.P. REFERENCE : NIT NO. NFVP/CICO/2304 DATED TABLE OF CONTENTS Page No. S. No. Description From - To This Tender Document (AS ISSUED TO CONTRACTOR) consists of following: 1. Table of Contents 1 2. Notice Inviting Tender (Copy of NIT) 2 3. Forwarding of tender to contractor (annexure I) Public Procurement Policy for Micro small enterprises 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 : 40Pages 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/2304 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 registered/qualified architects/consultants for the following work: Name of work: PROVIDING CONSULTANCY SERVICES FOR CONSTRUCTION OF ZONAL MARKETING OFFICE BUILDING AT LUCKNOW, U.P Estimated cost : Rs Lakhs Cost of tender Documents: Rs (Rupees Five Hundred only) Including VAT. Contract period: 36 (Thirty Six) Months for complete services from planning to completion of the project. Earnest Money Deposit: Rs (Rupees Twenty Five Thousand only). Sale of tenders : From to Receipt of Tenders (Part-I, Part-II, Part-III ) : On up to PM. Opening of tenders (Part-I & Part-II) : On at PM. (Part-III) : To be decided after opening of part-i & part-ii Tender shall be issued only to such parties who submit the proof of having their PAN number and meet the eligibility criteria as mentioned below: The party should have experience of successfully completed similar works of Providing Consultancy Services for Multistory Buildings 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.5.25 lakhs Or c) One similar completed works costing not less than the amount equal to Rs.8.40 lakhs d) Average annual financial torn over during the last three years, ending 31 st March 2016 should be at least Rs Lakhs *Cost of work means charges of consultancy services provided. *Bidders to confirm Av. average annual financial turnover of Rs.3.15 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). 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 or cancel the NIT 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 as described above at the time of submission of tender document. 2 (G.D.Aujha) Chief Manager (Civil)

3 Covering Letter of NIT Ref. No. To, Annexure-I I - 1 NATIONAL FERTILIZERS LIMITED (A GOVERNMENT OF INDIA UNDERTAKING) CIVIL ENGINEERING DEPARTMENT VIJAIPUR , DIST. GUNA (M.P.) No. NFVP/CICO/2304 Date: Dated: Subject: PROVIDING CONSULTANCY SERVICES FOR CONSTRUCTION OF ZONAL MARKETING OFFICE BUILDING AT LUCKNOW, U.P 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 : Rs Lakhs. 5. Time of Completion: as mentioned in NIT at page no Last date of issue of Tenders: as mentioned in NIT at page no 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. Ch. 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. PROVIDING CONSULTANCY SERVICES FOR CONSTRUCTION OF ZONAL MARKETING OFFICE BUILDING AT LUCKNOW, U.P 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 does 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 superscribed EM (Earnest Money) and shall contain earnest money deposit of and 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) Envelope No.2: Will be superscribed TC (Terms and Conditions) and shall contain terms and conditions set for the tender by tenderer for his offer (in duplicate) and which are at variance from the terms and conditions of the tender documents issued by NFL and the documents as per Para 16 & 18. I - 2 (DECLARATION FORM to be enclosed in this envelop) Envelope 3: Will be superscribed PB (Price Bid) and shall contain the rates and amount quoted in the prescribed schedule of rates. All the three sealed envelopes shall be submitted in a separate sealed envelope superscribed (Name of the job e.g PROVIDING CONSULTANCY SERVICES FOR CONSTRUCTION OF ZONAL MARKETING OFFICE BUILDING AT LUCKNOW, U.P). 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 (Performa enclosed) 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. 4

5 c) Other details are as under: I - 3 PAN (Permanent Account No.) issued by Income Tax Deptt. Service Tax No., Code No./Accounting Code if applicable. Declaration Forms I&II 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 MSMED ACT-2006:- The provision under the MSMED Act shall be applicable to this contract as per details given at Page -6, 7 & 8 of the NIT. 23 One person will be allowed to represent only one company during discussion/negotiation with NFL. If same person is representing different companies with authorization letter from more than one company, such person will be allowed to represent only the first company called for negotiation. 24 The Tender shall be addressed to Ch Manager (Civil). Thanking you, Yours Sincerely, for National Fertilizers Limited (G.D.Aujha) Ch. Manager (Civil) 5

6 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES: Government of India, vide Gazette of India No. 503 dated has proclaimed the Public Procurement Policy on procurement of goods and services from Micro and Small Enterprises (MSEs)by all central Ministries/Departments/PSUs for promotion and development of Micro and Small Enterprises. Accordingly, following provisions are incorporated: i) Issue of Tender Documents to MSEs free of cost. ii) Exemption to MSEs from payment of EMD/Bid security. iii) In Tender, participating Micro and Small Enterprise quoting price within price band of L1+15% shall also be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply upto 20%of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity). Further out of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST Entrepreneurs. This quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs. iv) The quoted prices against various items shall remain valid in case of splitting of quantities of the items as above. In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, the bidder shall submit the following: a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises. b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard. v) In case tendered item is non-splitable or non-dividable, MSE quoting price within price band L1 (other than MSE) +15%, may be awarded for full / complete value of supplies / contract subject to matching of L1 price. vi) The MSEs owned by SC/ST entrepreneurs shall mean: a) In case of Proprietary MSE, Proprietor(s) shall be SC/ST. b) In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the unit. vii) In case of Private Limited Companies, at least 51% share is held by SC/ST. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard. viii) The Public Procurement Policy for MSEs is meant for procurement of only Goods produced & Services rendered by MSE and hence shall not be applicable for works contracts. The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant [not being an employee or a Director or not having any interest in the bidder s company/firm) where audited accounts are not mandatory as per law. If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP),

7 Format F- PROFORMA FOR CONFIRMATION ON APPLICABILITY OF MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [MSMED ACT 2006) NIT No.: Name of Contract: 1. You may aware that Micro, Small and Medium Enterprises Development Act 2006 ( MSMED ) has been come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Act regarding Small Scale Industrial undertakings. 2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on the investment in plant and machinery/equipment. 3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriate authority as mentioned in the MSMED Act. 4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legal entity. 5. For your ready reference, the definitions of Micro, Small and Medium enterprises are given below: Classification of enterprises engaged in: (a) Manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act 1951 as: Nature of Enterprise Investment in Plant & Machinery (#) Micro Does not exceed Rs. 25 Lacs Small More than Rs. 25 Lacs but does not exceed Rs. 5 Crores Medium More than Rs. 5 Crores but does not exceed Rs. 10 Crores (b) Providing or rendering services: Nature of Enterprise Micro Small Medium Investment in Equipment Does not exceed Rs. 10 Lacs More than Rs. 10 Lacs but does not exceed Rs. 2 Crores More than Rs. 2 Crores but does not exceed Rs. 5 Crores (#) In calculating the investment in plant & machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified will be excluded. 6. You are therefore requested to fill the Format [proforma attached] and submit the same along with proof of valid document/ certificate [indicating registration no.] in your offer. In case same is not submitted along with your offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act

8 Format - (A) CONFIRMATION ON APPLICABILITY OF MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 (MSMED ACT 2006) NIT No.: Name of Contract: 1. We confirm that provisions of Micro, Small and Medium Enterprises Development Act 2006 ( MSMED ) are applicable to us and our organization falls under the definition of: a. Micro Enterprise - [ ] b. Small Enterprise - [ ] c. Medium Enterprise - [ ] (Please put a tick in the appropriate box) 2. Copy of proof of valid document/ certificate [indicating registration no.] of being a Micro/ Small/ Medium Enterprises is enclosed. Place: Date: Signature of Authorised Signatory Name: Designation: Seal: Note: In case above Format along with proof of valid document/ certificate [indicating registration no.] is not submitted in offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act

9 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. Tenders sent through Post/Courier Service shall not be accepted. 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 clearance accorded for taking up the job, 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, the 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. 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) SERVICE TAX : (i) (ii) The tenderer may quote his rates excluding service tax. 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. II-2 9

10 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. (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/2304 dated. 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 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

11 II 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. 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 Three months on the same rates terms and conditions as per mutual consent. 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. 11

12 II 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. 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 G.D.Aujha Ch. Manager (Civil) 12

13 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 d) Schedules of Quantities (SOQ),. 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 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. III

14 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 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. 14

15 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: 15

16 NATIONAL FERTILIZERS LTD. ( CIVIL ENGINEERING DEPARTMENT ) VIJAIPUR , DIST. GUNA (M.P.) REFERENCE : OUR NIT No. NFVP/CICO/2304 DATED : Name of work : PROVIDING CONSULTANCY SERVICES FOR CONSTRUCTION OF ZONAL MARKETING OFFICE BUILDING AT LUCKNOW, U.P. SUPPLEMENTARY CONDITIONS SPECIFICATIONS : 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 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 The rates quoted by the tenderer shall be inclusive of all manpower, 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 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. 16

17 4.0.0 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 clearance accorded for taking up the job, 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 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. COMPLETION PERIOD : The completion period for the entire Consultant Services, as mentioned in scope of work, shall be 36 (Thirty six) Months from the scheduled date of Start of the Work as detailed under: A) 04 (Four) Months from the scheduled date of start of this Service contract for following activities (i) Preliminary drawings for approval by NFL. (ii) Preparation of the detailed estimates, specifications, Schedule of Quantities, Bill of Quantities etc. complete NIT for lining LSTK contract after for approval by NFL. B) Online Tendering Process for Lining up of the Contract for Construction of the Building under directions of NFL 06 (Six) Months such as Tendering / award of work by NFL for construction of the Building / Statutory approvals from concerned authorities for construction of Building, Lift and DG set installations, fire fighting system etc. C) 20 (Twenty) Months construction of the building, lift, DG set installation from the actual date of start of work/handing over of site whichever is later. D) 06 (Six) Months for taking completion certificate/other statutory approvals from the concerned government authorities and submission of FINAL drawings on the basis of completion certificate etc SCOPE OF SUPPLY OF MATERIALS/MACHINARY BY NFL : NFL will not issue any material for executing this contract SCOPE OF SUPPLY OF MATERIALS BY CONTRACTOR : All the 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 DEFECT LIABILITY PERIOD : The defect liability period of this work shall be AS MENTIONED IN SCOPE OF WORK The contractor will be responsible for providing services for maintaining the works and getting work done/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 17

18 rectify the imperfections during Defect Liability Period, the same shall be got attended 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/finalization of the project 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. Labour insurances should have medical cover. No payment whatsoever nature it may be, shall be released to contractor in the absence of these documents TERMS OF PAYMENT : A) Payment to the Consultant, for the comprehensive Consultant and Professional services under the contract shall be released as under after making necessary deductions of Security Deposit, I.Tax etc.: (I) Schedule of Quantities (Consultancy Services) Payment to the Consultant against Item No 1 of Schedule of Quantities, for the comprehensive Consultant and Professional services, as detailed above, will be made in the following manner after making necessary deductions on account of security deposit, I. Tax etc : i Preparation and submission of 6 Sets of Preliminary layout drawings to NFL showing location of various offices, halls, pantries, stores, Toilets, stair cases, lifts etc for comments and suggesting revisions, if any. Preparation and submission of Drawings Mkd. Good for Construction, Design Data based on STAAD latest version, estimates, schedules of quantities, Bill of Materials (such as Cement, Tor Steel, Structural Steel), particular specification of work, if applicable, for preparation of Tender documents and lining up the contracts for execution of work complete in all respect. for all the works as per Scope of work mentioned above 10 % Amount as per Item No. 1 of Schedule of Quantities 10 % Amount as per Item No. 1 of Schedule of Quantities 18

19 ii During progress of work for providing guidance/ consultancy in supervising the work (As mentioned in Scope of work ) The progressive payment during construction of the Zonal Marketing Office Building shall be made in %age amount of Item No.1 of SOQ as under: i) 10 % on completion of work upto Roof slab of Ground Floor levels Submission of further Detailed Construction Drawings for (ii) below ii) 10 % on completion of work of Roof slab of 1 st Floor including submission of further Detailed Construction Drawings for (iii) below iii) 10 % on completion of work of Roof slab of 2 nd Floor including submission of further Detailed Construction Drawings for (iv) below. iv) 10 % on completion of work of Roof slab of 3 nd Floor including submission of further Detailed Construction Drawings for (v) below. v)10 % on completion of work of walls & Finishing of all the floors including submission of further Detailed Construction Drawings for (vi) below vi) 10% on completion of work of fixing Doors Windows, water supply sanitary fittings including submission of further Detailed Drawings for finishing works / colour scheme for(vii) below vii) 10% on completion of work of Final finishing of distempering / painting / polishing works, charging of water supply, sewerage lines, Elect. Power Supply, Computer cable network etc etc. for the final occupation of building viii) 10% on entire completion of works and submission of final Drawings MKD AS BUILD and original Drawings and / or soft copies(stored the copies in hard disc of capacity one terra bite) of all the drawings, and fulfillment of other contractual obligations including obtaining the completion certificates from appropriate authorities. Note: Services of the consultant may be required till completion of the defect liability period of the LSTK contractor for construction of the building without any additional charges. ITEM No. 2 of Schedule of Quantities ( Extra Copies of Drawings) The payments against this item shall be released on actual basis as and when this item of work is executed on the specific written instructions of NFL B) NFL will not entertain any claim from the Agency, if the payment gets delayed due to sorting out the discrepancies, if any, in the bills. 19

20 C) Agency will have the option to receive payment through Electronic Funds Transfer (EFT) /RTGS Process. For this option, Agency may submit his bank particulars i.e. Customers Name, Name of the Bank, Bank Account No. (All digits in case of CBS branches), Place of Branch, Branch Code (IFSC CODE-II Digits) to enable NFL to release payment accordingly. All bank charges will be to Agency s account 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 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 20

21 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. 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 OTHERS : 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 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 page is enclosed for the purpose of quoting the rates by the contractor. 21