NFL/CMO/IMPORT/Load port IA/Urea/2017 18/02 DATE: 23 November, 2017 NOTICE FOR EXPRESSION OF INTEREST (EoI) FOR EMPANELMENT OF INTERNATIONALLY REPUTED INDEPENDENT THIRD PARTY INSPECTION AGENCIES/ SURVEYORS FOR INSPECTION OF UREA FERTILIZER AT OVERSEAS LOADPORTS TENDER NO. : IMPIAU201718/02 TENDER TYPE : EMPANELMENT TENDER CLOSING DATE & TIME : 14 DEC, 2017 AT 1130 HRS. IST TENDER OPENING DATE & TIME : 14 DEC, 2017 AT 1200 HRS. IST (Empanelment) SEALED DOCUMENTS DULY SUPERSCRIBED WITH TENDER NO. AND DUE DATE TO BE ADDRESSED TO: GENERAL MANAGER (MKTG.) NATIONAL FERTILIZERS LIMITED, CORPORATE OFFICE A 11, SECTOR 24, NOIDA 201 301 DIST. GAUTAM BUDH NAGAR (UP) INDIA TEL.: +91 120 2412294, 2412445, 3292201 to 08 FAX: +91 120 2411397,2411057 E mail : imports@nfl.co.in IMP IA U 2017 18 02 Page 1 of 12
Notice Inviting Tender Urea Load port Inspection Agency Empanelment Brief of Company: National Fertilizers Limited (NFL) is an Indian Public Sector Undertaking under Ministry of Chemicals and Fertilizers. NFL imports / intends to import UREA, DAP, MOP, VARIUOS GRADES OF NPKS COMPLEX FERTILIZERS, TECHNICAL GRADE UREA, ZINC SULPHATE, SSP, BENTONITE SULPHUR, AMMONIUM SULPHATE and other types of fertilizers. We regularly source fertilizers both in bulk and in container loads from different countries. National Fertilizers Limited (NFL) seeks applications from experienced Internationally Reputed Independent Third party Inspection Agencies / Surveyors for undertaking Load port Survey, Inspection and Analysis of Urea fertilizers on account of Department of Fertilizers (DoF), Government of India in bulk loads at various load ports all over the world. NFL hereby invites applications on your company s letterhead on following terms and conditions: 1 SCOPE OF WORK Empanelled/nominated Inspection agency has to ensure completion of all jobs/scope of work as per NFL s tender/purchase orders from time to time and shall not be limited to jobs illustrated hereunder. a) Determination of Quality, Quantity and Draft survey Inspection of Bulk Fertilizer Urea on Government of India account at various load ports abroad as and when imported by NFL. b) Quality and quantity analysis shall be done on the basis of specification defined by Department of Fertilizers, Govt. of India or as per specification provided by NFL. c) Inspection agency empanelled for load port inspection of Urea on Govt account shall submit consent letter as per annexure IV for executing the job at the government approved rate. The current approved government rate is USD 0.07 PMT (All Inclusive). d) The Surveyors will be required to provide following information/reports at various stages during the course of shipment as follows: i. Prior to commencement of loading, Inspectors will inspect hatches, holds and the hatch covers to determine the suitability of vessel for carrying fertilizers. ii. The inspector will be present throughout loading period. Surveyors are required to provide daily report through email along with supporting photographs clicked at the spot on loading status, disruptions in loading along with its duration and reasons for the same. iii. Inform system of loading the cargo (by conveyors / grabs/ barges, etc.). iv. Inform weather conditions prevailing during the time of loading Physical condition and colour of the cargo to be in confirmation with NFL purchase contract with the supplier. v. During the course of loading, if any development such as rain/snow fall, admixture of foreign material, etc. takes place which is likely to affect the quality & weight of the cargo, the same should be notified promptly to IMP IA U 2017 18 02 Page 2 of 12
NFL. vi. In case of stoppage in loading due to unforeseen events, whether the supplier took adequate steps to protect the cargo at the time of loading and after loading and to minimize the losses. vii. Confirmation that representative sample were taken as per contract/loi clause and submitted to laboratory. e) Inspection agency shall draw samples in all cases during the loading of the vessel. However NFL may ask to draw samples of the material at the producing factory as well. f) Samples to be drawn as per procedure stipulated in FCO (Fertilizer Control Order), 1985 & amendments thereof from time to time and/or purchase contracts entered into between NFL and the suppliers. All sub lot samples should be thoroughly mixed and riffled to make a composite sample for the analysis. The official composite sample obtained may be divided into 4 equal parts one part each by means of riffling that package of fertilizer obtained from all increments. One of the 4 parts is for analysis by the inspection agency, one to be made available to the seller upon request, and of the remaining 2 such parts one shall be retained by the inspection agency for a minimum period of 6 months for possible use by a reference chemist and one part is to be forwarded to NFL/agency nominated by NFL. Analysis should be done by the inspection agency in their own accredited Laboratory or others accredited labs of the country (where Port is situated) by qualified chemists. The sample will be analyzed as per the analytical procedure stipulated in FCO (Fertilizer Control Order), 1985 and Amendments thereof for conforming to the FCO specifications and as well as specifications mentioned in purchase contracts/po/loi entered into between NFL and the suppliers. After analysis of samples, inspectors should indicate the specifications of material and whether it is in conformity with contractual specifications. Any deviation should be clearly brought out and to be intimated to NFL at once. Name of the Laboratory where analysis is conducted should be mentioned. g) REPORT AND CERTIFICATION: Upon analysis of the material for each shipment, certificate of inspection shall be issued by the Inspection Agency to the buyers. The inspection agency shall ensure that the certificates are made available promptly by in any case not later than 72 hours from the date of sailing of the vessel from the load port through an internationally reputed first class courier. Inspection Agency will also be required to immediately (on the same day of dispatch of courier) intimate NFL through e mail with attachment of scanned copies of all certificates along with scanned copy of courier receipt giving name of Courier Company, Courier Number/ Airway bill number & Date and tracking number. The email id for communicating with NFL is imports@nfl.co.in. h) CERTIFICATES REQUIRED: i. Certificate of inspection stating analysis and weight furnished by seller and verified by inspection agency (appointed by NFL) along with analysis IMP IA U 2017 18 02 Page 3 of 12
report, weight & method of analysis adopted. ii. Certificate of Cleanliness of Hatches and Holds iii. Certificate of Quality iv. Certificate of Sampling v. Certificate of weight and Draft survey report along with copy of joint draft survey. vi. Any other certificate as specified by GoI/ NFL. 2 CARGO Bulk PRILLED / GRANULAR UREA FERTILIZER GRADE 3 SPECIFICATIONS As per Indian FCO (Fertilizer Control Order), 1985 and Amendments thereof from time to time. And / or as provided by DoF / NFL. 4 PRE QUALIFICATION The applicant should meet the pre qualification criteria as per Annexure I and should submit the supporting documents accordingly. 5 NON REFUNDABLE PROCESSING FEES Applicants have to submit a Non Refundable Document Fees of Rs. 10,000 (Rupees Ten thousand only) through NEFT/RTGS in NFL s Account mentioning Document fee reference tender No: IMPIA201718/02. The Bank Details are as same as given at point no. 6. 6 BID SECURITY AND PERFORMANCE BANK GURANTEE 7 INSPECTION CHARGES Applicants along with the submission of the documents for pre qualification as per Annexure I, shall submit Bid money directly in NFL s account through NEFT / RTGS / SWIFT transfer. The amount to be submitted in INR is Rs. 50,000/ (Rupees Fifty Thousand only) and in USD is 800 (US Dollar Eight hundred only). The Bid money shall be converted into a Performance Guarantee amount on award of the contract and shall remain with NFL for 30 months from the date of commencement of the contract. The EMD shall not carry any interest. EMD to be submitted in INR/USD should mention reference of Tender No: IMPIAU201718/02. The Bank Details are as follows: STATE BANK OF INDIA, COMMERCIAL BRANCH, N 3, Ist & IInd Floor, South Extension, Part I, New Delhi 110049. IFSC SBIN0000730, Current A/C NO 10297944842, SWIFT CODE: SBININBB220, MICR CODE: 110002118. EMD of non empanelled bidders shall be refunded once empanelment process is completed. The EMD shall be refunded without any interest. Applicable inspection charges for the tender is as approved by DoF, Govt. of India or as revised by DoF, GoI from time to time. Present approved rate is restricted to USD 0.07 PMT (All Inclusive). Two (2) years from date of empanelment. Extension by one year after expiry of 2 years at sole discretion of NFL. 8 TERM OF EMPANELMENT 9 PAYMENT a) Payment of inspection charges will be made by NFL after presentation of requisite documents viz. Invoices in triplicate along with originals of certificates mentioned at point 1 (h), daily report and photographs of different activities at Loadport etc. b) Payment to Indian parties shall be made in INR at the prevailing RBI exchange/ reference rate on the date of payment. c) Indian parties undertaking job through their foreign branch office & invoicing in USD may ensure that their foreign branch office participate in the EoI IMP IA U 2017 18 02 Page 4 of 12
10 GENERAL TERMS AND CONDITIONS 11 DISPUTES / ARBITRATION (IN ENGLISH LANGUAGE ONLY) process along with requisite documents. a. All tender documents shall be in English language. All other information shall also be supplied by the tenderer in English language. Tenders should be duly signed on all pages by the tenderers or by legally authorized representative, in longhand along with the firm s/ company s seal. No oral, telephonic or email tenders or modifications in the tenders shall be considered under any circumstances. All tenderers are requested to submit their tenders strictly as per the instructions as cited hereinafter in this document. b. If a tenderer resorts to any frivolous, malicious or baseless complaints/ allegations with intent to hamper or delay the tendering process or resorts to canvassing/ rigging/ influencing the tendering process, NFL reserves the right to debar such tenderer from participation in the present/ future tenders up to a period of 2 years or more. c. NFL reserves the right to reject the offer or to accept any portion of the application and to appoint more than one inspection agency in each country/port without assigning any reason. d. Incomplete applications are liable to be rejected. e. A maximum of four inspection agencies shall be empanelled for load port inspection of urea, based on their experience in doing similar inspection of urea and on meeting other eligibility criteria. f. NFL does not commit for any assured business and it shall be at NFL s discretion to appoint any Inspection agency at any/all loadport(s). However the job allocation shall be on rotation basis. g. TDS/ Withholding tax shall be deducted as per statutory requirement. h. The EoI document can be downloaded from NFL s website www.nationalfertilizers.com or www.eprocure.gov.in or https://nfl.etenders.in. Corrigendum/Addendum, if any, shall be published only on these websites. i. The EoI application completely filled, in all respects are to be uploaded / submitted online on NFL s e tendering portal https://nfl.etenders.in. The supporting documents as specified in Pre Qualification Criteria (Annexure I) can either be uploaded online or submitted in physical form in a sealed envelope to be dropped in tender box placed at NFL s office as mentioned in 1 st page of NIT. FOR INDIAN PARTIES Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to Chairman & Managing Director, National Fertilizers Limited for appointment of Arbitrator. IMP IA U 2017 18 02 Page 5 of 12
12 APPLICABLE LAW / JURISDICTION OF COURTS 13 FRAUD PREVENTION POLICY The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act 1996, The Arbitration & Conciliation (Amendment Act 2015) or any further statutory modification or re enactment thereof and the rules made there under. 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. It is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral Tribunal for the purpose of resolving the disputes/differences arising out of the contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate SBI PLR/Base Rate applicable to NFL on the date of award of contract. Foreign Vendors/Parties All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, India by one or more arbitrators appointed in accordance with the said Rules. The applicant hereto agree that the courts and tribunals at New Delhi shall have exclusive jurisdiction to settle any or all disputes which may arise out of or in connection with the tender. All disputes arising out of this tender shall be decided in accordance with the laws of India. Bidder should adhere to Anti Fraud Policy of NFL (full text of which is available on NFL s website www.nationalfertilizers.com) and not indulge or allow anybody else working in the company to indulge in fraudulent activities and would immediately apprise NFL of the fraud/suspected fraud as soon as it comes to their notice. In case of failure to do so NFL may debar them for future transaction. Note: This tender is subject to the policy and guidelines of the Government of India for import of Urea/ survey of urea at load port, as applicable from time to time. IMP IA U 2017 18 02 Page 6 of 12
(ON APPLICANT S LETTER HEAD) ANNEXURE I APPLICATION FOR PRE QUALIFICATION OF INSPECTION AGENCY / SURVEYOR (Completely filled, Signed and stamped copy to be submitted along with documents mentioned) Appl. Ref. No. Date TO GENERAL MANAGER (MKTG.) NATIONAL FERTILIZERS LIMITED, CORPORATE OFFICE, A 11, SECTOR 24, NOIDA 201 301 DIST. GAUTAM BUDDHA NAGAR (UP), India SUBJECT Submission of Bid against Notice Ref. no. Dear Sir, We here by provide our details along with the documents against your Notice Ref. no. IMPIA201718/02 dated 04 November 2017 for your consideration: 1. Name of Applicant/Firm 2. Name of contact person along (with complete contact details) 3. Name of the authorized local agent (with complete contact details) IMP IA U 2017 18 02 Page 7 of 12
A. Details required for the Pre Qualification process: 1. Details of countries along with name of ports where laboratories/offices are present and which services are being offered (please enclose supporting documents): 2. Details of fertilizer inspection and quality analysis laboratories, their locations and equipments available for each port for which services are being offered (please enclose supporting documents): 3. Details of draft survey, quantity and quality inspection activities carried out for UREA at various loadports of various major exporting countries of UREA during last 3 years (please enclose supporting documents): Total quantity of urea inspected during last 3 years (in MT). 4. Details of corporate clients for whom inspection services are being carried out on regular basis (please enclose supporting documents): 5. Details /names of accreditation associations/ bodies and the countries from whom accreditation certificates for laboratories have been obtained (please enclose copies of all respective certificates): IMP IA U 2017 18 02 Page 8 of 12
B. Details of Attached document: 1. Copy of valid IFIA membership enclosed Yes / No 2. Copy of valid inspection authorization issued by INSO (Iranian National Standardization Organization) or equivalent agency for inspection of Iranian origin cargo enclosed 3. Letter of Authority (as per Annexure III) on principal foreign company s letter head, duly signed and stamped by the Competent Authority of the principal foreign company in favour of local agent enclosed 4. Copy of documentary proof of remittance of Rs. 10,000/ towards Non refundable processing fee as per Point No.5 enclosed 5. Copy of documentary proof of remittance of Rs. 50,000/ towards Bid Security as per Point No.6 enclosed Yes / No Yes / No Yes / No Yes / No 6. Audited annual accounts and balance sheets for last three years enclosed Yes / No 7. Copy of Tax Residential Certificate (TRCs) enclosed Yes / No 8. Copy of Indian PAN (if any) enclosed Yes / No 9. Undertaking as per Annexure II enclosed Yes / No 10. Consent letter as per Annexure IV enclosed Yes / No 11. Acceptance to the terms and conditions of NFL s Notice for empanelment (each page duly signed and stamped) enclosed 12. Deviations from NFL s Terms & Conditions, if any (Applications with deviations are liable to be rejected at sole discretion of NFL) Yes / No Yes / No Enclosed: a/a Place: Date: Name & Signature of the Applicant With Seal of Designation IMP IA U 2017 18 02 Page 9 of 12
(ON APPLICANT S LETTER HEAD) ANNEXURE II UNDERTAKING To M/s National Fertilizers Limited Central Marketing Office, A 11, Sector 24, Noida 201301 Dist. Gautam Buddha Nagar (U.P.), India Subject: Empanelment of Third Party Inspection Agencies/ Surveyors at Overseas Load ports Dear Sir, We, (Name of the Organization), hereby confirm and acknowledge that we have not been blacklisted / banned for participation in any Empanelment / Tender intended by Government of India or by any Government Undertaking in India for carrying out Inspection Agency s jobs at load ports or otherwise. We also confirm that none of our sister/ group/ associates companies are participating in this EoI for empanelment of third party Inspection Agencies/ Surveyors at overseas load ports. Thanking You Yours faithfully (Stamp and Signature of the Authorized Person) Note: In case of concealment of any fact, if detected later on, such applicants will be debarred from all future dealings with NFL. IMP IA U 2017 18 02 Page 10 of 12
Appl. Ref. No. (ON APPLICANT S LETTER HEAD) Date ANNEXURE III TO GENERAL MANAGER (MKTG.) NATIONAL FERTILIZERS LIMITED, CORPORATE OFFICE, A 11, SECTOR 24, NOIDA 201 301 DIST. GAUTAM BUDDHA NAGAR (UP), INDIA Dear Sir, We (Name of the Applicant) against and existing under the Laws of (Name of the Applicant s country) having its registered/principal office at hereby appoint Agency (Name of the agent) at as our agent to do in our name all or any of acts mentioned herein under concerning NFL s referred Notice for empanelment of Internationally Reputed Independent Third Party Inspection Agencies / Surveyors for inspection of all types of fertilizers at overseas load ports on behalf of NFL: i. To sign and submit application on our behalf and participate in the above referred Notice for empanelment of Inspection Agencies. ii. To receive letter of Award/order from NFL on our behalf and to sign relevant documents in connection therewith. iii. To do all other acts in connection with the above referred Notice for empanelment of Inspection Agencies as our agent. We do hereby agree to ratify and confirm whatsoever our said agent shall do or cause to be done by virtue of this Letter of Authority. This Letter of Authority comes into effect on and after (mention date, month and year) and shall remain in full force and effect until revoked by our further notice in writing to NFL. Thanking you, Yours faithfully, Signature of Authorized Person(s) of Local Agent (Signature of Authorized Person of Principals with name and full address) 1. 2. IMP IA U 2017 18 02 Page 11 of 12
Signature of local agent s authorized person is duly attested (To be signed by the competent person issuing this letter of authority) Appl. Ref. No. (ON APPLICANT S LETTER HEAD) ANNEXURE IV Date TO GENERAL MANAGER (MKTG.) NATIONAL FERTILIZERS LIMITED, CORPORATE OFFICE, A 11, SECTOR 24, NOIDA 201 301 DIST. GAUTAM BUDDHA NAGAR (UP) INDIA Subject: Empanelment of Third Party Inspection Agencies/ Surveyors at overseas Load ports Consent letter for acceptance of load port inspection charges for Urea on Government account. Dear Sir, We (Name of the Applicant), hereby confirm our unconditional acceptance / consent for load port Inspection charges at the rate fixed by Department of Fertilizers, Ministry of Chemicals & Fertilizers, Government of India (present rate USD 0.07 PMT All Inclusive) OR revised by DoF, GoI from time to time, for load port inspection of Urea on Government account. Thanking You Yours faithfully (Stamp and Signature of the Authorized Person) IMP IA U 2017 18 02 Page 12 of 12