1 NFVP/CICO/3329 Date:-03.07.2017 Subject: Sale of wood of Subabul and Eucalyptus trees from the NFL s premises at Vijaipur. TERMS AND CONDITIONS 1.0 Firm Rates: All the prices and 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 subject to any price adjustment during the execution of the contract. However, the total contract value is subject to change due to quantity variation based on the unit rates indicated in the schedule of quantities. 2.0 EARNEST MONEY/ SECURITY DEPOSIT: Earnest money of Rs. 25000.00 (Rupees Twenty Five Thousand only) is to be deposited along with the offer. Party has to deposit interest free security amount equivalent to 10 % of the sale order value before start of work, failing which earnest money deposit shall be forfeited. The earnest money deposit shall be allowed to be adjusted towards security deposit. Security deposit shall be released on overall completion of the work in all respects. Party will be required to submit complete account of the wood lifted, amount deposited etc. after completion of the work. Security deposit shall also take care of ground rent in case of delay. 2.1 The Security deposit shall be forfeited if the party does not fulfill the contract conditions or failed to lift the available quantity of wood with in stipulated period of contract including any time extension, if granted by NFL. 3.0 DATE OF START OF WORK: 3.1 The date of start of the work shall be reckoned after 14 days from the date of issue of Sale order or date of handing over the site, whichever is earlier. 3.2 COMPLETION PERIOD: The Contract completion period for this work shall be Twenty Four Months from the date of start of the work. 3.3 SCOPE OF WORK:- (a) All necessary tools & tackles such as Axes, Hand Saw, Rope, ladder etc. shall be arranged by the contractor on his own cost for cutting of wood of Subabul and Eucalyptus trees. (b) The cutting/ felling of trees shall be executed as per directions of engineer/ in-charge. (c) Cutting of wood in such sizes/ pieces for loading / unloading manually in the any type of transport. (d) Collecting / stacking of cut pieces of tree at suitable places for transportation complete.
3.4 GROUND RENT: Party has to lift the wood against advance payment along with sales tax etc. through Demand Draft within contract / completion period from the date of start of work, failing which the ground rent in the following manner shall be levied :- (a) (b) Removal of wood within stipulated time given in sale order - Nil Up to two weeks (14 days) after stipulated completion time @- 1.25 % per week of 7 days or part there of (total 2.5 %) on the quantity lifted during this period. (c) Beyond two weeks (14 days ) for another five weeks after stipulated completion time @ 1.50 % per week of 7 days or part there of (total 7.5 %) on the quantity lifted during this period. The total ground rent shall be limited to 10%. The ground rent shall be applicable on the value of balance quantity of cut wood lifted after scheduled date of completion. The maximum period of seven weeks shall be allowed to lift the balance quantity of wood with levy of ground rent as described above. The sale value along with sales tax, TCS etc. for the balance quantity of wood to be lifted within seven weeks after contract completion date is required to be deposited in advance before contract completion date. 4.0 TAXES: All the taxes including Sales Tax, VAT, Income Tax, etc. as applicable from time to time shall be paid by the party. 5.0 TERMS OF PAYMENT: Party required to deposit in advance the sale value for the wood along with sales tax, TCS etc. The payment may be deposited in installments. 6.0 INSURANCE: The party has to obtain insurance with medical cover for workers to be deployed for execution of the work. Party will be responsible if any damages done to other trees, pipe lines, electric lines etc. and shall indemnify NFL against all such losses/damages. NFL reserves the right to deduct the cost of damages, if any from the amount of security deposit without prejudice to its right to such indemnification in TOTO. 7.0 SETTLEMENT OF DISPUTES: All disputes arising out of this Sale order including any interpretation of any of the clause of the order, the respective right and obligations of NFL and the party or non-performance of obligation on the part of either of the parties shall be resolved by mutual negotiation. 8.0 Arbitration: (a) Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever shall any time arise 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 2
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 unithead/ ED/ Functional Director/ C&MD,NFL or his/her nominee. (Appropriate Designated authority may be inserted as per contract value.) (b)the Arbitration and Conciliation Act 1996 or any statutory modification or reenactment thereof and the rules made there under shall govern the Arbitration proceedings. (c) 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, vacate 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 of SBI PLR base rate as applicable to NFL on the date of award of contract. 9.0 JURISDICTION OF COURT:- Not with standing any other court or courts having jurisdiction to decide the questions forming subject matter of a suit any and all action and proceeding arising out of or related to this contract (including any arbitration in terms thereof) shall be 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 all such work and or proceeding to the exclusion of all other courts. 10.0 OTHER CONDITIONS:- 10.1.0 Party should quote the rates both in words / figures and show the total quoted amount in the end of schedule of quantities. In case of any difference in rates quoted in words/ figure, rate quoted in words shall be treated as final. 10.2.0 No compensation for any damage done to the executed job or to the raw materials stored at site, by rains, floods, 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. 10.3.0 The party shall be governed by the provisions of various Labour Laws like the contract Labour (R&A) Act 1970, Employee's Provident Funds & Misc. provisions Act 1952, Factories Act 1948, Industrial Disputes Act 1947, workmen s compensation Act 1923, Maternity Act 1961, Payment of Bonus Act 1965, Payment of Gratuity Act 1972, Minimum Wages Act 1948, Payment of Wages Act 1936 etc. and any other Law/Legislation which may be applicable from time to time.(the above Acts are only illustrative and not exhaustive). The Party shall get his liability under Workmen s Compensation Act 1923 Insured through Insurance Company. 3
Party shall also take Medical Cover for the workmen deployed by him to cover the medical treatment in respect of his workmen. Copy of the Insurance policy may be submitted to the engineer in-charge before start of work. 10.4.0 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. 10.5.0 The party 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 work and against all claims, demands, proceeding, damages, cost, charge and expenses whatsoever in respect of or in connection there to including his employees. 10.6.0 Validity of 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. 10.7.0 Schedule of quantities one page is enclosed for the purpose of quoting the rates by the party which is tentative. 11.0.0 MISCELLANEOUS: - 11.1.0 Party shall be responsible for obtaining necessary clearance/ permission etc. from the State Government Authorities if required for transportation of the wood, cut from the NFL Complex. NFL shall not be responsible to provide any type of above clearance. 11.2.0 Party shall abide by all the labour laws as applicable. 11.3.0 All the expenses on account of cutting, lifting & transportation etc. and all other type of expenditure shall have to be borne by the party. 11.4.0 Weight of wood of trees shall be acceptable as per weighment on the weighbridge located in side of plant area of NFL. Necessary gate passes for quantity of wood shall be issued based on the weighment slip. 11.5.0 Party shall have to cut & lift the wood at least up to diameter of 2 and above of subabul and Eucalyptus trees. 11.6.0 The dry trees shall be cut completely from the ground lavel. The wood of trees shall be lifted by the party, immediately or within 15 days whichever is earlier, to clear the areas and at a time not more than 75.00 M.T.cut wood shall be available at site, failing which NFL can stop the work for further cutting of trees. No extension of time shall be granted due to stoppage of work on account of above. NFL may terminate the contract after giving two weeks notice in case:- a) The party does not deposit the advance payment against cost of wood. b) Cut wood is not lifted from the specified area and area not cleared. c) The work remains suspended for more than four weeks due to any reason not attributable to NFL. 4
The lifting of wood shall be allowed in general shift from 8.00 AM to 5.00 PM on all working days (Except Sunday & Holidays). The party has to load the truck/ Tractor Trolley in the presence of NFL/CISF s representative. 11.6.0 Party has to arrange for watch and ward of wood if required, especially in Township and Van -Vihar areas. 11.7.0 The documentary evidence of registration of VAT/CST/ Service tax, etc. shall be ssubmitted by the party. 11.8.0 The copy of Bank Account Number shall be submitted by the party. The particulars of account number shall be furnished as under: Account no. Name of Bank Branch Branch code RTGS CODE MICR NO. 12.0.0 AGREEMENT: Party shall enter into an agreement with NFL on a non/judicial stamp paper of appropriate value (presently Rs.1000.00) within a period of 10 days from the date of issue of sale order. Party shall not be allowed to lift wood in the absence of the agreement. (G.D. Ajha) Chief Manager (Civil) 5
UNDERTAKING Annexure-I 1. Tender documents have been read, understood with all clarification pertaining to various clauses provided therein. 2. Conditions laid out is fully acceptable to me/us. 3. Each and every page of Terms & Conditions of Tender have been duly signed by me/us acknowledging my/our acceptance in Toto and I/we have made my/our offer keeping in view these Terms & Conditions. 4. There is no condition / deviation in our quotation from the conditions of your NIT. 5. I/ We have examined the material and the offer is being submitted accordingly. 6. Earnest Money Deposit is enclosed with the following details (In case, The EMD has been deposited through more than one D.D the details may be furnished separately): DD No.:- Date:- Amount : Drawn on Bank Payable at 7. Rates quoted by me / us shall remain firm during the tenure of the contract. 8. This is to certify that none of the NFL employee (s) is /are related to me /us (In case, any relative is working in NFL, furnish details separately) 9. (a) That none of my blood relations are participating in this tender in the name of ther firm. (b) I/We have not been delisted / blacklisted in any other unit of NFL. (c) I/We have not put any conditions in the Price Bid. 12. I/we also undertake that we will not revise our prices after opening of tender. It is, however, understood that my/our Earnest Money will be forfeited by NFL in case I/we resort to this practice and am/are liable to be debarred for a period of 2-5 years for such an act. 13. I/We have not quoted multiple rates for any item. 14 Ours is a --------------------(Proprietor/Partnership/Co. regd. nder company Act 1956). 15. (a) That no other Firm/ Sister concern/ Associate belonging to the same group is participating/ submitting this tender. (b) That the bidders, their associates, sister concerns etc. have not been blacklisted by any Institutional agency/ Govt. deptt./ Public sector Undertaking in the last two years. I/ We also understand that in case of concealment of any fact, if detected later on, we will be debarred from all future dealings with NFL. 16. Our C.S.T./TIN Registration No.,----------------------------------------------------------------- 17. Our PAN No. is --------------------------------------------------------------------------------------- Dated: - Signature of The Tenderer: Place:------- Name & Address of the Tenderer:--------------------------- ------------------------------------------------- Phone No.: ---------------------------- FAX No. : ------------------------------ 6