notice inviting applications for transport contractors …

N A T I O N A L F E R T I L I Z E R S L I M I T E D V I J A I P U R G U N A 4 7 3 1 1 1

NOTICE INVITING APPLICATIONS FOR TRANSPORT CONTRACTORS.

(ELIGIBILITY CRITERIA) National Fertilizers Limited, a leading fertilizers manufacturing unit located at Vijaipur Distt. Guna PIN 473111 in M.P. intends to award contract of Transporters for transportation of Urea filled bags by road to the various destinations in the state of Madhya Pradesh, Utter Pradesh, Rajasthan, Maharashtra etc. for a period of one years. An estimated quantity of 1.47 Lakhs (One Lakhs Fourty Seven Thousand only) MT of urea is expected to be transported per annum.

Transporters meeting the ELIGIBILITY CRITERIA as given below are invited to submit their Tenders:-

a) The transporter must have executed contracts for transportation of bagged material

like Urea, Cement, Sugar and foodgrain etc. with a minimum turn over value of Rs. 30 Lakhs per annum in any of the 3 years period out of the last 10 years. In proof of the same, the transporter has to submit copies of contracts/work orders/ certificates for execution of contracts for those years.

b) The transporter shall have minimum solvency of Rs. 20.0 Lakhs and latest certificate from any Nationalized/Scheduled Bank except Rural/Co-operative Bank has to be enclosed with the request.

TRANSPORTERS ARE REQUIRED TO SUBMIT THE UNDER MENTIONED DOCUMENTS ALONG WITH TENDERS: 1. The documents as specified in the Eligibility Criteria. 2. Details about the firm, type with full address, phone and Fax No. e. mail ID, Name

of Contact Person. 3. History of the firm, type of firm and organization structure with name of the

Directors/Partners. 4. Certified copy of Registration of the firm, Partnership Deed or Memorandum and

Articles Association or Byelaws and authorization letter for the signatory. 5. Audited Annual Reports of the firm for the last 3 years i.e. 2007-2008,2008-2009

and 2009-2010. 6. Certified copy of PAN No. issued by Income Tax Office. 7. Details of trucks owned by the Transporters in their name along with a list

mentioning the Registration No., Model No. and capacity etc. 8. The prospective Transporters having any common Partners/Directors/Managing

Partners etc. or having any business / family relations or any other common criteria shall be considered as Sister/Group/Associate Company. In such cases, only one Tender will be considered for opening. The transporter shall indicate which associate/concern they will be interested to get pre-qualified. In case no mention is made about the same, NFL at its own discretion shall decide which shall be binding to the transporters.

9. The transporters should be willing to open their office at Vijaipur, Distt. Guna(MP) in event of award of Contracts of them. They should confirm the same.

10. Certified copy of Service Tax Registration No. issued by Excise Office.

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The Tenderer may submit their Tender super-scribing on envelop “TENDER FOR TRANSPORTATION OF UREA BY ROAD” with all details and documents latest by 17.02.2011 up to 03.00 PM to Dy General Manager (Mtls.), National Fertilizers Limited, Vijaipur, Distt. Guna(MP)-473 111. Tender received after the stipulated date & time will not be considered. NFL reserves the right to verify information/documents as submitted by applicant. NFL reserves the right to accept or reject any or all applications without assigning any reason thereof.

DGM (MTLS)




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NATIONAL FERTILIZERS LIMITED (A Govt. of India Undertaking)

VIJAIPUR – 473111 DISTT: GUNA (M.P)

TENDER DOCUMENT

1. Unit : VIJAIPUR 2. Closing Date and Time : 17.02.2011 AT 03.00 PM 3. Tenders to be submitted to : DGM (MTLS) National Fertilizers Limited Vijaipur – 473 111 Distt: Guna (M.P)

Bids received after the closing date and time will not be considered. NFL will, in no way be responsible for the bids/offers received late for whatsoever reasons.

4. Place of Receipt : National Fertilizers Limited

ROOM NO. 21 VINAYAK BHAWAN

Vijaipur – 473 111 Distt: Guna (M.P) 5. Opening of Bids : 17.02.2011 AT 03.30 PM 6. Payment Mode : NFL’s standard payment

terms are by way of transfer of funds to their Bank Account by Electronic Mode.

7. Conditional Offer : Conditional Offers will not be

accepted under any circumstances




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SCOPE OF WORK: Sealed Tenders are invited for entering into Annual Rate Contract for transportation of Urea filled bags from NFL, Vijaipur, District Guna (MP) to various destinations in different states of India. The work consists of supply of road worthy trucks for loading of Urea and delivering of the same to various destinations as per directions of NFL. In addition to above transporters are also to make their own arrangements for unloading of consignment at those destinations where no unloading arrangements are made by NFL. Details of such destinations shall be provided by NFL. The transporters are as such required to quote rates of unloading charges at destinations on per tonne basis, separately in the Schedule of Rates ,Column ‘B’ of Annexure 1. VOLUME OF WORK: The tentative quantity to be moved on annual basis is 1.47 Lakh M.T. NFL, however, does not guarantee any minimum volume of work, which shall be entrusted to the contractor at any particular time or during the period of the contract. The transporter is required to move Urea to various destinations in the states of Rajasthan, Uttar Pradesh, Madhya Pradesh, Chhatisgarh, Maheshtra etc. However, NFL reserves the right to direct the transporter to deliver the material in any other state as per its requirement within the Union of India.

**************




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NATIONAL FERTILIZERS LIMITED

INSTRUCTION TO THE TENDERERS 1.0 Submission of Tenders: 1.1 No oral, telephonic or telegraphic tenders will be entertained. 1.2 All tenders should be submitted in sealed covers duly superscribed as

“Tender for transportation of UREA” . 1.3 The Tenderers are advised to quote their rates in the schedule enclosed

at Annexure-I to this document. 1.4 The Tenderers shall submit a Bank Draft of Rs. 50,000/- in favour of NFL

payable at State Bank of India, Bavrikhera Branch (Code: 8455) towards Earnest Money Deposit along with one set of this document duly signed on each page as token of acceptance of all terms and conditions.

1.5 The Tenderer shall also submit a letter from the bank confirming that

Bank Guarantee of Rs. 5.00 Lakh will be issued if contract is awarded. 1.6 The Tenderers shall acquaint themselves fully and thoroughly with the

terms and conditions and limitations including the scope, requirement and official/statutory regulations conforming to which and subject to which services are to be performed. Failure to comply with the above mentioned requirements will not absolve the Tenderers of their obligations and duties under the contract in the event of their tenders are accepted. Nor any claim whatsoever shall be entertained on the plea of ignorance.

1.7 No amendments to the tender will be allowed under any circumstances

after the closing of date and time for the receipt of tenders. 1.8 National Fertilizers Limited shall be under no obligations to

entertain/accept any claim/demand of the Tenderers for the cost, charges or incidentals for or in connection with the preparation and submission of tenders.

1.9 NFL shall have the sole discretion to withdraw the invitation to tenders or

reject any or all tenders without assigning any reasons thereof. No correspondence in this regard from Tenderers shall be entertained.

1.10 NFL shall have discretionary rights to postpone the tender opening date

and/or time. If any change with regard to opening of tenders is effected, the same shall be intimated to all the Tenderers well in time along with intimation of revised tender opening schedule.




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1.11 NFL at its sole discretion may accept or reject any tender in whole or in part without assigning any reason thereof. NFL shall also have discretion to award the contract for transportation to one or more Tenderers in the manner deemed fit and NFL’s decision in this regard will be final, binding and conclusive.

1.12 The tender shall be valid for a period of 90 days from the date of its

opening. 1.13 The tenders shall be accompanied with Earnest Money Deposit of Rs.

50,000/- by way of Demand Draft from a scheduled / Nationalized Bank in favor of National Fertilizers Limited payable at State Bank of India, Bavrikhera Branch (Code: 8455). The tenders without EMD shall be summarily rejected.

1.14 The EMD shall be forfeited in case Tenderer after having submitted the

tender withdraws the same or changes quoted price or any condition of the tender within the period of validity or in case the Tenderer after intimation from NFL of acceptance of his tender either wholly or in part refuses to enter into contract.

1.15 Earnest Money Deposit of the successful Tenderer shall be refunded on

submission of Security Deposit in the form of Bank Guarantee as per the terms and conditions of the contract.

1.16 Earnest Money Deposit of unsuccessful Tenderers shall be refunded as

early as possible. 1.17 Earnest Money Deposit will not carry any interest. 1.18 The quotation along with commercial documents as per Clause 1.2 and

undertaking regarding sister concern and details as per Clause No. 3.0 to 4.2 below will be received up to 15.00 Hrs on 17.02.2011. The commercial documents and price bids should be kept in separate sealed envelope and shall be submitted at the same time. Quotations should be sent to the office of DGM (MTLS), Vinayak Bhawan, National Fertilizers Limited, Vijaipur, Distt: Guna (M.P), PIN: 473 111.

2.0 The Tenderers shall submit their tenders in three parts in the following

manner: -

Envelope-I - Shall contain a) Draft for earnest money deposit b)Under taking as per annexure 2 duly signed by contractor with rubber seal.

Envelope-II - Shall contain Commercial document (NIT) duly signed on each page. Envelope-III - Shall contain Price Bid in triplicate (as per format at Annexure-I)




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All the above three Envelope shall be kept in a outer envelop super scribed as “QUOTATION” – Tender No.NFVP/TPN/10/2010 Dated 10.01.2011 2.1 Envelopes should be super scribed in the lowest left hand corner as

follows: - Envelope-I Earnest Money Deposit & Undertaking Annexure 2 Tender No. NFVP/TPN/10/2010 Due Date: 17th Feb. 2011 Envelope-II Commercial documents and other details Tender No. NFVP/TPN/10/2010 Due Date: 17th Feb. 2011 Envelope-III PRICE BID - DO NOT OPEN Tender No. NFVP/TPN/10/2010 Outer Envelope: QUOTATION Tender No. NFVP/TPN/10/2010 Due Date: 17th Feb. 2011

The envelopes I, II and III will be put in outer sealed envelope which will be super scribed with tender number, date of opening along with name of Tenderer.

On the scheduled date of opening only envelopes I and II containing Earnest Money Deposit and Commercial documents will be opened. The Price Bids of only those Tenderers will be opened who deposit Earnest Money Deposit and whose commercial bids meet the requirements of NFL’s Scope of Work. Decision of NFL in this regard shall be final and binding. Date and venue of opening of Price Bids will be intimated to the Tenderers if the same is not opened on the scheduled date of opening.

3.0 The prospective transporters/Tenderers having any

Partner/Director/Marketing Partner etc. or having any business/family relations or any other common criteria, which indicate about their link/relations etc. shall be considered as sister Group/associate Company. In case, tenders received from such concern/s, only one of them will be considerer for opening. The Tenderer is requested to indicate against through which concern they will be interested to do the job. In case no mention is made about the same or if two or more sister concerns are interested to do the job, then NFL at its own discretion shall decide prior to bid opening which shall be binding to the Tenderer.

4.0 Undertaking 4.1 The Tenderer is requested to certify that none of the group/sister

concern/partnership firm as indicated in Clause 3.0 above are participating in this tender. It is also requested to submit an undertaking that in case of concealment of any facts, if detected later on the bidder along with group/sister concern/partnership concerns participated in this tender may be debarred from all future tenders in addition to other action




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like forfeiture of Earnest Money Deposit And undertaking as per Annexure 2 is to be furnished alongwith EMD in Envelop no. 1

4.2 The Tenderers are requested to furnish the following details: -

Name of the Company/Firm

Registration Number

Name of the Director(s)/Partner(s)/ Proprietor(s)/Proprietress

Father’s Name / Husband Name

Residential address of such Director/Partner

Office Address

Telephone No. with STD code/Mobile Number.

Office:

Residence:

4.3 The tender form shall be filled by the Tenderers neatly and accurately.

Any alteration/erasing or overwriting should be avoided. 4.4 Tenderers should quote the rates both in figures and words. In case of

any discrepancy, rates quoted in words shall be applicable. 4.5 The tenders will be opened in the presence of the Tenderers who may

wish to be present. The Tenderers who are not in a position to make themselves present, their authorized representative may be present. The authorized representative shall submit written authorization issued by the tenderer.




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GENERAL TERMS AND CONDITIONS

1.0 SCOPE OF WORK:

Tenders are invited for transportation of fertilizers (UREA) filled in bags to various destinations from the NFL, Vijaipur, Distt: Guna (M.P). The work consists of supply of road-worthy trucks to NFL to carry fertilizers to various destinations. Also include unloading of Urea bags at some destinations where consignee does not have arrangements in their scope.

2.0 DEFINITIONS:

In this document the words and expressions hereafter following are used in the following senses unless a contrary intention appears from the context or meaning thereof.

2.1 NFL shall mean National Fertilizers Limited, A Govt. of India Undertaking,

a Company incorporated under the Companies Act 1956 having its units at Nangal, Bathinda (Punjab), Panipat (Haryana) and Vijaipur (Madhya Pradesh) having its Registered Office at Core-III, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi-110003 and Corporate and Central Marketing Office at A-11, Sector-24, NOIDA (U.P), PIN: 201301. NFL invites tenders for handling and transportation of Fertilizers. Chief General Manager shall mean the office holding charge of administration of NFL Vijaipur or CMD shall stand for Chairman and Managing Director and shall mean the officer in administrative charge of NFL.

2.2 Notice Inviting Tender shall mean and include present NIT documents

together with such supplement and addendum, which may be issued by NFL from time to time.

2.3 Tenderer shall mean an individual or a firm or a Company who quotes in

response to the NIT issued by NFL and shall include his/their/its legal representatives, successors and assigns.

2.4 Tender shall mean offer/proposal/document that the Tenderer submits in

the required and specified form in accordance with the provisions of NIT duly signed by the Tenderer’s authorized signatory under the seal of Firm/Company.

2.5 CONTRACTOR shall mean the Tenderer/Bidder whose tender/bid has

been accepted and shall include his/her legal representative(s), successor(s) and assigns.

2.6 CONTRACT shall mean and include Notice Inviting Tender, General

Conditions of Contract, particular conditions of Contract, General and particular instructions issued from time to time by NFL in writing, Tender Documents, Letter of Acceptance of Bid, Letter of Intent, Work Order, Formal Agreement, Accepted Schedule of Rates, Special specifications if




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any and all those documents taken together shall be deemed to form one contract and shall be complimentary to each other.

2.7 LETTER OF ‘ACCEPTANCE OF BID’ and/or ‘AWARD OF WORK

ORDER’ and/or ‘LETTER OF INTENT’ shall mean a letter in writing sent by NFL (unless delivered personally or otherwise proved to have been received) by Registered Post and/or confirmed by a concurrent telex or telecopy transmission, to the last known private or business address or the registered office of the Contractor informing/notifying the Contractor that his Bid/Tender has been accepted subject to conditions as stated therein.

3.0 PAYMENT FOR PREPARATION OF BID DOCUMENT

The Tenderers shall not be entitled to claim any cost, charges, expenses, losses incidental to the preparation and submission of the tender, even if NFL may elect to withdraw the NIT or even otherwise.

4.0 TAXES AND OTHER STATUTORY LEVIES

It should be ensured by the Tenderer that the rates quoted are inclusive of all taxes, duties, royalties and other statutory levies leviable at present or which may become applicable/leviable in future or from time to time unless specified to the contrary in the bid, all present and future taxes and statutory levies shall be borne and paid by the Contractor. Payment of taxes shall be the responsibility of the contractor and shall not be payable by NFL. No dispute shall be raised in this regard at a later stage by the contractor. The rates quoted shall be firm and shall not be subject to any escalation whatsoever throughout the period of contract or extended period thereof, if any, except for escalation/ descalation on account of increase/decrease in diesel prices provided hereunder.

5.0 RIGHT TO INFORMATION NFL reserves the right to demand from the Tenderer any information

related to and incidental to the tender such as Contractor’s past experience in handling similar jobs/work, financial capability etc. The Tenderer must be able to produce the information within seven days failing which the tender shall be rejected.

6.0 SECURITY DEPOSIT 6.1 The Contractor shall deposit within 10 days of the receipt of Work Order

with the Dy General Manager (Mtls), NFL, Vijaipur an amount of Rs. 5.00 Lakh (Rupees Five Lakhs only) as Security Deposit for due and faithful execution and performance of the contract either in cash or Demand Draft or in the form of Bank Guarantee from any of the Nationalized Bank which shall be valid for the contract period together with claim period of six months from the date of expiry of the contract including any extension of the contract in the Performa prescribed by the Company before he is allowed to execute the contract and commence work. If the contractor fails to deposit this amount of Security Deposit within the stipulated time,




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which shall include any extension granted by the Company at its sole discretion, the Earnest Money deposited by the tenderer shall stand forfeited as and by way of agreed liquidated damages, the acceptance of his tender shall be considered as withdrawn. The Company shall reserve in such an event the right to accept any other tender which is considered suitable and the Company shall be entitled without prejudice to any other right to claim, from the contractor, all losses caused to or suffered by the Company.

6.2 The Security Deposit furnished by the Contractor shall not carry any

interest. 6.3 The Security Deposit shall remain at the entire disposal of the Company

as security for satisfactory execution and completion of the work within the terms and conditions of the contract. The Company shall be at liberty to deduct and appropriate from the security deposit such losses, damages, penalties and dues as may be payable by the Contractor under the contract and the amount by which the Security Deposit is reduced by such appropriation will be made good by further deduction from the contractor’s subsequent bills until the security deposit is restored to its full limit mentioned above.

6.4 If the Contractor had previously held any contract and furnished security

deposit with the Company, that security deposit shall not be adjusted against this tender and a fresh security deposit shall be required to be furnished.

6.5 On satisfactory performance and completion of the contract in all respect

and on return in good condition of any property belonging to the Company which may have been issued to the Contractor, the Security Deposit will be returned to the Contractor without any interest on presentation of No Demand Certificate from the DGM (Materials).




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7.0 COMMENCEMENT OF WORK

a) The Contractor’s responsibility under this contract will commence from the date of issue of the letter and accepting the tender. The Tender Documents and the letter of acceptance shall constitute the contract. The successful tenderer shall be required to execute an agreement with the company within 7 (seven) days of the receipt of the Letter of Acceptance for carrying out the works according to the General Terms and Conditions of the Contract. The agreement to be executed will be in agreement form of works to be specified by the Company. The provisions contained in tender paper and other document exchanged between the Tenderer and the Company shall form part of this Contract.

b) The Contractor is required to commence the work within a reasonable

period not exceeding 15 days after the receipt of order by him writing to this effect from the Company and shall proceed with the same with due expeditions and without delay. In case the contractor fails to commence the work within 15 days, the contractor will not be allowed to work during the period of the contract and the Earnest Money Deposit shall be forfeited.

8.0 PAYMENT TERMS 8.1 Freight Bills shall be submitted in the manner and accompanied by the

following documents: -

Original copy of the Bill plus two extra copies with duly acknowledged (quantity in words and figures both) consignor copies of Delivery Challans and Goods Receipts should be submitted to In-charge, D&C Cell Vijaipur. The acknowledgement must be clear, without any cutting/overwriting with clear mention of date of receipt, truck number and the rubber seal of the receiving authority. In case of the loss of consignor’s copy of Delivery Challan for acknowledgement of Urea, Indemnity Bond for each D.C. should be submitted on Rs. 100 Non Judicial Stamp Paper.

8.2 Bills should be submitted month-wise and state-wise. In case due to

certain reasons bills for a particular month is preferred in the subsequent month, separate bills should be submitted for consignments dispatched in the previous months. Contractor shall try to maintain seriality of Delivery Challans as far as possible in all his future bills. Unloading charges shall be reimburse to the contractor on production of documentary proof and should be verify by in-charge Marketing D&C cell Vijaipur.

8.3 Payment of Bills to the Contractor will normally be made within 30 days

from the submission of bills with necessary acknowledgements.




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8.4 Presently no Octroi charge on Urea is levied. In future wherever Octroi charge is paid shall be reimbursed to the contractor on submission of documentary evidence i.e. Octroi receipt in original.

8.5 Income Tax as applicable shall be deducted at source as per the

provision of Income Tax Act of 1961 as amended from time to time as applicable from time to time.

8.6 Service Tax liability shall be as per the prevailing provisions of Service Tax Act. Service Tax shall be initially paid by the contractor, if applicable & the same shall be reimbursed to the contractor only on production of original copy of challan of having paid the service tax in the Govt. a/c.

9.0 AMENDMENTS

The Contract entered into between the parties in pursuance of this document may not be amended or otherwise altered and no variation of the clauses of the contract shall be valid except pursuant to an instrument in writing signed by each of the parties hereto. NFL shall not in the absence of its specified written acceptance be bound by any provisions in the tenderer’s offer, forms of acknowledgement of contract, invoices, packing lists and other documents which may be advanced in support of the contract.

10.0 INDEMNITY/COMPENSATION

NFL reserves the right to claim adequate, suitable and commensurate compensation from the contractor on account of any damage caused to any plant, equipment/materials and/or personnel of NFL during handling and transportation of the fertilizers due to any act or omission or negligence on the part of the Contractor. The Contractor shall indemnify and legally protect NFL and/or its employees against all claims, actions, proceedings, demands, costs, expenses, causes of action or suits arising out of, incidental to and/or consequent upon the services provided by the Contractor under the contract or due to the failure of the contractor in the performance of his obligation under the terms of the contract. If NFL is called upon to make any payments as aforesaid due to any act or omission or failings of the contractor, NFL shall be entitled to recover the said amount from any sum payable to the contractor or from any security or other guarantee available with NFL under the contract.

11.0 CORRESPONDENCE

All correspondence should be in triplicate and invariably bear reference to the contract number and date. The Contractor shall furnish to NFL the name, designation and address of the authorized representative and all complaints, notices, communications and references shall be deemed to have been duly given to the contractor if delivered personally to contractor or his authorized representative or posted at the address so given.




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12.0 PROVISION FOR WORKMEN’S COMPENSATION ACT In every case in which by virtue of the provisions of Section 12, Sub-sec (1) of Workmen’s Compensation Act 1923 or any other law for the time being in force, NFL is obliged to pay compensation to a workman employed by the Contractor in the execution of the contract, the said amount paid by way of compensation shall be recovered by NFL from the Contractor, without prejudice to the rights of NFL under Section 12, Sub-Sec (2) of the said Act or under any other law for the time being in force. NFL also reserves the right to recover such amount or any part thereof from the Security Deposit or from any other sums which the contractor is entitled to receive from NFL under the contract or even otherwise. NFL shall not be bound to contest any claim made against it under Section 12, Sub-sec (1) of the said Act or under any other law for the time being in force except on the written request of the contractor provided that the contractor agrees to reimburse and indemnify NFL towards all costs and expenses which NFL may incur in consequence of contesting such claim.

13.0 RESPONSIBILITY FOR CONTRACTOR’S EMPLOYEES

Contractor may employ such employees as he may think fit for faithful performance of contract and the employees so employed shall be the employee of the Contractor for all purposes whatsoever and shall not be deemed to be in the employment of NFL under any circumstances whatsoever. Contractor shall adhere to all laws, rules and regulations that may be in force from time to time concerning the employment or service conditions of its employees. If under any eventuality whatsoever NFL is held liable or responsible in any manner whatsoever for the default or omission on the part of the Contractor in abiding by the aforesaid rules, regulations and laws or held liable or responsible to the employees of the Contractor in respect of any matter whatsoever and called upon to make payments on that account, NFL shall be reimbursed by the Contractor for the same as also any other expenses, costs and charges incurred by NFL in any proceeding or litigation arising out of any claim demand or act on the part of the Contractor. NFL shall be entitled to claim damages or compensation from the contractor in that event. NFL shall also be entitled to recover the aforesaid amount from the money that may become due and payable to the Contractor.

14.0 ASSIGNMENT OR SUBLETTING OF CONTRACT

The Contractor shall not assign or sublet the contract or any part thereof or assign any rights or delegate any obligation there under without the prior written consent of NFL. Any breach of this condition shall entitle NFL to terminate the contract and the Contractor shall be solely responsible and liable for any loss or damage arising out of or ensuing from such termination. NFL reserves its right to recover the said losses or damages or charges and expenses incurred on this account in any manner whatsoever and from any dues payable to the contractor or available with NFL.




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15.0 PARALLEL CONTRACT

NFL reserves the right to award parallel contract without giving any notice to the contractor or to terminate the contract any time without giving any notice if the nature of work so demands and the services of the contractor are not found to be satisfactory.

16.0 UNSUITABLE EMPLOYEES

The Contractor shall employ only such individuals as are skilled and experienced in the works to be executed under the contract. On directions from NFL, the Contractor shall immediately remove from the works any of his employees who in the opinion of NFL is not a fit person to be retained or by his conduct has made his presence undesirable and such person shall not be positioned on the site again.

17.0 TERMINATION OF THE CONTRACT

The Contract is liable to be terminated if the Contractor: - a) becomes bankrupt or insolvent or goes into liquidation (other than

a voluntary liquidation for the purpose of amalgamation or reconstruction in the case of a Company) or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of his/their assets or property on the works; or

b) makes an arrangement with or assignments in favor of his/their

creditors or agrees to carry out the contract under a committee or inspection of his/their creditors; or

c) abandons the work; or

d) persistently disregards the instructions of NFL in contravention of

any provision of the contract; or

e) fails to adhere to the agreed program; or

f) assigns or sublets the contract in whole or in part thereof without prior written consent of NFL; or

g) performance is not satisfactory; or

h) defaults in the performance of any material undertaking under the

contract and fails to correct such default to the reasonable satisfaction of NFL within fifteen days after written notice of such default is provided to the contractor.




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Such termination will be by 15 (fifteen) days’ notice in writing and no claim/compensation shall be payable by NFL as a result of such termination.

i) If the Contractor fails to fulfill his/its obligations under the contract,

NFL shall have the right to get the work done by any other agency at the risk and cost of the contractor.

18.0 INSURANCE

The Contractor shall at his own expenses carry and maintain insurance as per State Insurance Act, 1948 wherever applicable for its employees and shall indemnify and keep NFL harmless from any liability whatsoever on this account. NFL shall retain such sums as may be necessary from the total contract value until the contractor shall furnish satisfactory proof that all contributions as required under the Employee State Insurance Act, 1948 have been paid. This will be operative and binding on the contractor only when the Employee State Insurance Act is extended to the place or work. The Contractor shall be solely responsible for any loss, damage or injury etc. caused to the personnel of the Contractor deputed by him for the work under the contractor. Any compensation whatsoever payable on this account shall be borne and paid by the Contractor exclusively. The Contractor may arrange for necessary insurance coverage for the same at his own cost. The Contractor will indemnify NFL against all claims for injury caused to any person, while in or upon the site of NFL.

19.0 COMPLIANCE WITH NFL’S REGULATIONS

The Contractor will have to strictly adhere to the rules and regulations laid down by NFL from time to time during the contract period.

20.0 CONTINUATION OF PERFORMANCE

The successful tenderer/contractor shall not stop the work in case of any dispute unless further progress of works has been rendered impossible due to non-fulfillment of any reciprocal promise. Unilateral stoppage of work by the Contractor shall be considered a breach of contract and NFL will be within its rights to take suitable and necessary action as it may deem fit to adequately protect its own interests.

21.0 ARBITRATION

21.1 “Except where otherwise provided in the contract all matters, question, disputes or differences whatsoever, which shall at any time arise between the




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parties hereto, touching the construction, meaning, operation or effect of the contract or out of the matters relating to the contract or breach thereof , of 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 the arbitration of Designated Unit Head/ ED/Functional Director / Chairman & Managing Director, National Fertilizers Limited or his / her nominee( appropriate designated authority may be inserted as per contract value). The Arbitration & Conciliation Act, 1996 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 as he has expressed his view o all or any of the matter in dispute or differences. 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.”

21.2 “It is agreed by and between the parties that in case a reference3 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 as applicable to NFL on the date of award of contract.”

22.0 OBSERVANCE & COMPLIANCE WITH STATUTORY RULES/LAWS 22.1 The Contractor shall be singularly responsible to secure strict compliance

with all Central and State laws as well as the rules, regulations, by laws and orders of the local authorities and statutory bodies as may be in force, from time to time. Any failure on this count on the part of the contractor and the consequences thereof shall be solely on account of the Contractor. Liability if any under this head shall be solely borne and paid for by the Contractor. If under any circumstances, NFL is called upon to make payment on this count, NFL will be at liberty to recover the same either by deducting it from the Security Deposit/Earnest Money or from any other sum due from NFL to the contractor whether under this contract or otherwise.

22.2 Necessary records required under Factories Act, ESIC Act and other

applicable statutory requirement under the law, including application for




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license from the Labour Conciliation Officer shall be observed/complied with by the Contractor.

23.0 FORCE MAJEURE

The terms and conditions agreed upon under the contract shall be subject to force major. 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 or 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 sub-division thereof, or authority or representative of any such Govt. and/or due to technical snag/reasons or any other act whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of the parties hereto because of any act of God. The party so affected upon giving prompt notice to the other shall be excused from such performance to the extent of such prevention, delay, restriction or interference for the period it persists provided that the party so affected shall use its best efforts to avoid or remove such causes of non-performance if possible, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. Should one or both parties be prevented from fulfilling their contractual obligation by a state of force major lasting continuously for a period of three months the two parties shall meet and decide about the future course of action for implementation of the contract.

24.0 NOTICES AND ADDRESSES:

Unless another form of notice is specified for a specific purpose under the contract, any Notice or Order required or permitted under this contract shall be in writing and shall be given either personally or by post or telegram or fax. In case of telegram and fax, messages should be confirmed by concurrent letters and shall be deemed to be sufficiently given if and when received by the party in normal course at the address set forth herein.

In the case of NFL to: - DGM (Mtls.) National Fertilizers Limited P.O: Vijaipur – 473 111 Distt: Guna (M.P)




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In the case of Transporter to: -

The contractor may indicate the address at which notice is to be sent. In case this is not mentioned Notice shall be served on the Registered address of the Transporter.

25.0 JURISDICTION OF COURTS

The Contract shall be deemed to have been entered into at Guna and shall be subject to the jurisdiction of the Courts at Guna (MP) only.

26.0 PERIOD OF CONTRACT

The contract shall be valid for a period of one year from the date of award of the contract. However, the contract can be extended for a further period of one year on mutual agreement on the same terms and conditions. NFL, however, reserves the right to terminate the contract for reasons as specified in Clause 17 above.

27.0 If any of the Tenderers has blood or otherwise relations with any of the

employee of NFL, he should disclose the same while submitting the tenders. If existence of such relationship comes to the knowledge of the NFL at a later stage after accepting the tender or award of the contract, NFL shall have the discretion to reject the tender or rescind the contract.

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SPECIAL TERMS AND CONDITIONS 1.1 It is clearly and expressly understood that NFL neither guarantee for the

number of trucks required per day/per month during the contract period nor the loads on return trips of trucks.

1.2 The Contractor shall park all the trucks outside the factory premises.

Unless the Security Guard(s) on duty permit the trucks to enter, the trucks should not be brought at the gate.

1.3 For the purpose of loading, the contractor shall place the trucks in

appropriate position so as to facilitate loading operations smoothly before and after loading at such points and places within and/or outside factory limits of the Company or as may be required from time to time by the Company.

1.4 The Contractor shall ensure that its agents, drivers and employees and

labourers are efficient, prompt and properly trained in the various transport operations for the sake of smooth, efficient, proper and prompt movement of materials of the Company without any disturbance or interruptions of whatsoever nature in fulfilling its obligations towards smooth and prompt transport.

1.5 The Contractor shall depute a responsible representative at the factory or

at such other place or places from which loading operations are required to be undertaken who shall be available at all times for various transport operations and to receive and fully comply with the instructions in this regard from the Company or its authorized agents or nominees or representatives so nominated and named by the Company.

1.6 If required, the Contractor shall carry in the trucks when fertilizers is being

transported to the Company’s depots, warehouse / godowns and such other places, packets of publicity material and boxes of insecticides required to be transported to the depots, warehouses, godown and such other places. The Contractor shall do this considering as a part of his obligations without any demur or dispute whatsoever and shall not claim any additional charges for the same. NFL shall be under no obligation to accept any claim/charges on this account.

1.7 The Contractor shall arrange insurance policy in connection with the

trucks covering public liability (third party) for loading/handling and transportation of fertilizers. NFL shall in no manner be responsible for the losses, damages or injuries caused to the third party during loading, handling and transportation of the fertilizers.




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1.8 The Contractor shall keep the Company indemnified against any action,

claim or proceedings under the provisions of any rules, regulations, bye-laws, notifications, directions or order having the force of law for anything done or omitted to be done by the Contractor in contravention of such provisions etc. for the infringement or violation thereof by him the course of the execution of completion of the work under the contract and if, as a result of any such action, claim or proceedings, the Contractor such representatives of the Company as the case may be is adjudged to be liable to any penalties or to pay any compensation, such liability of the contractor and if, the Company has to take over the liability, the Company shall deduct all amounts arising out of such liabilities from the Security Deposit of the contract or from any other amount due and payable by the Company to the Contractor under this contract or any other contract and without prejudice to any other legal remedy available to the Company.

1.9 The Contractor shall load / carry the material in the trucks as per their

carrying capacity as permitted by RTO. NFL shall provide 9 /15 MT material per truck /Trolla entirely at Contractor’s sole liability and responsibility and risk and cost. The entire responsibility for extra carriage will rest with the contractor and he shall solely be responsible for all consequences arising due to objections by any statutory body/Government Agencies/Motor Vehicles Deptt. in this regard 9 MT shall be provided to Six wheels truck & 15 MT shall be provided to Ten wheels truck.

1.10 The Contractor shall be responsible for the safe custody of the material in

his possession and shall undertake to deliver the material to the correct consignee as indicated in the GR/Delivery Challan. The Contractor shall be responsible for shortages and damages occurring to the material during handling and transportation. He shall also obtain a clear receipt from the consignee with the rubber stamp duly affixed mentioning the quantity (in words and figures) received, truck number and the date on which material is received. The Contractor shall ensure the safe delivery of the material at the destination within a reasonable time. The Contractor shall be liable to compensate NFL for the losses to the material during loading, transportation and unloading.

2.0 The material dispatched from the plant should be delivered to the

consignee within seven days. The penalty for delayed delivery shall be at the rate of 1% of the freight bill per day or part thereof subject to a maximum of 5% of the freight billed up to 30 days.

a) In case the material is delivered after 30 days at the destination

from the date of loading, we shall recover 25% of freight as penalty.

b) In addition to above, ½% (Half Per Cent) of the Farmer’s price Rs.

5,130/- per MT for Urea & Rs. 5395.50 for Neem Coated




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Urea(applicable presently) per week or part thereof counted from the date of delivery of material to the transporter at NFL factory shall also be recovered.

c) Besides (a) and (b) above, the truck can also be debarred from further lifting Urea from our Plant.

d) It shall be the responsibility of the Contractor to see that trucks should be supplied for next trip only after confirming that material lifted in earlier trip has been delivered at the destination by obtaining the acknowledgement from the truck operator. In case it is noticed that the earlier material has not been delivered and that particular truck is deployed for next trip for loading, the NFL may take suitable action as deemed fit.

e) In case any truck operator delivers material more than what was

loaded, the freight payment shall be restricted to the quantity what was provided by NFL at the time of loading. For e.g if a truck is provided 9 MT load and it delivers 12 MT load at the destination, freight shall be paid for 9 MT only. This shall be without prejudice to any other action NFL may deem fit to take in such a situation like debarment of truck for further loading etc.

3.0 In case trucks supplied for loading have to return empty on direction of

NFL due to non-loading of material/failure of system, a compensation of Rs. 150/- (Rupees One Hundred and Fifty only) per truck shall be paid. However, in case of change of destination, alternate destination is acceptable to the truck operator and the truck is loaded for alternate destination, no compensation shall be paid.

4.0 The transport charges shall be payable for the distance covered by

loaded trucks and not for the distance on return from garage to place of loading or back to garage.

5.0 Any increase or decrease in the price of diesel will be adjusted on the

basis of one liter equal to 4 KMs per litre per 10 MT truck/vehicle which means for every 40 paisa increase in diesel one paise per KM per MT will be allowed in case of increase and will be reduced in case of reduction in the prices. The Tenderers are required to quote the transportation rate based on the base rate of Rs. 41.75 per liter prevalent as on date at Daurana. Escalation shall be allowed based on increase/decrease in rate of IOC at Daurana. Further any increase/Decrease of Rs. 0.50 per liter in prices of diesel shall be ignored.

6.0 The Contractor shall from the time the material is loaded onto his trucks

and till the material is delivered at the specific destination be completely and solely responsible for any damage, shortage, loss, pilferage etc. occurring to any reason whatsoever in transit. No transshipment of material is permissible except in case of accident/breakdown. Accident/force major conditions, if any occurred during transit should be




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reported immediately to Dy General Manager (Materials), NFL, Vijaipur Unit.

7.0 NFL shall be under no obligation to accept the claim of the Contractor on

account of non-utilization of the whole or any portion of the fleet of trucks owned and/or enrolled by the Contractor.

8.0 Minimum 12 (Twelve) hours’ notice will be given to the Contractor for the

supply of trucks for loading on day-to-day basis. It shall be the responsibility of the contractor to keep readily available as many trucks as may be required to transport the material entrusted to him. In case of failure in providing the required number of trucks, NFL shall be at liberty to obtain the necessary number of trucks from other sources at the risk and cost of the Contractor.

9.0 Timely lifting of the material by the Contractor as per despatch

instructions given by NFL will be the essence of the contract for the purpose of discharging NFL’s obligation to meet the requirement of the quantity allocated by the Government of India. In case of failure of lifting of bagged urea as per dispatch instruction by NFL for the movement of material to the designated destination, NFL may be forced to move the material by alternate mode of transport such as by rail and further handling of transport to meet the sales plan and obligation under ECA. When such an eventuality comes the difference between the costs incurred in transporting the material through alternate source and the rates quoted by the Contractor shall be recovered from the Contractor.

10.0 The Contractor shall take appropriate steps to ensure that the material in

transit is not damaged due to weather conditions. Adequate number of tarpaulin covers in good condition shall be provided by the Contractor for each truck to cover and protect the material against weather conditions.

11.0 The Contractor shall hold the material entrusted to him for transport as

trustee and shall be accountable to NFL therefore. Any loss caused due to reasons whatsoever shall be compensated by the Contractor.

12.0 NFL does not guarantee any minimum/maximum business during the

contract period. 13.0 Generally the work involved will be in three shifts viz. from 06.00 hrs to

14.00 hrs, from 14.00 hrs to 22.00 hrs and from 22.00 hrs to 06.00 hrs. In view of continuous nature of plant operations, work will continue on public holidays and Sundays. No compensation or extra rates will be admissible for working beyond normal hours. NFL shall have the right to change the working hours to meet the marketing requirements.




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14.0 NFL’s interpretation or decision in this regard to all or any of the terms and conditions and any matter arising hereunder will be final and binding on the contractor.

PENALTY CLAUSE 15.0 Deduction shall be made from the bills submitted by the Contractor on

account of following: -

a) If the bags are delivered in torn, cut, hook used or damaged conditions, the deduction shall be made as under: -

i ) If there is no loss of Urea the cost of bag will be deducted. ii) If there is loss of Urea deduction will be made for the short

quantity at the rate of prevailing retention price, other subsidies along with cost of the bag and 25% departmental charges

b) In case of Urea delivered in rain affected or in wet condition the

cost of full bag of Urea at retention price, other subsidies and 25% departmental charges will be deducted for all such bags along with cost of bag.

c) If proof of delivery is not submitted within 60 days from the date of

lifting of material and/or non-delivery of material, then deduction will be made at retention price of Urea, other subsidies along with cost of bag and 25% departmental charges.

16.0 Should the Contractor’s preparation for the commencement of work or

any portion of it or his subsequent rate of progress be for any cause whatsoever go slow in the opinion of NFL that the Contract will be unable to complete the work or any portion thereof as agreed upon should he neglect to comply with any directions given to him by NFL or in any respect fail to perform contract, NFL shall have the power to declare the contract to have come to an end in such case, the Contractor shall be liable for payment of any extension to NFL for any loss, damage incurred or sustained by reason of or in connection with the contractor’s default. Decision of NFL in this regard shall be final and binding on the Contractor.

17.0 Rates should be quoted in such a fashion that transporters/contractors

shall not have any objection for transportation of fertilizer filled bags to any of destinations in any state to meet NFL’s daily demand of trucks throughout the contract period including extended period.

18.0 NFL has prepared a directory showing distances between its units and

various destinations within the territory of India. For these destinations, the distance as per statement shall be applicable for payment of bills. A




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copy of Directory is available in the Transportation Department for perusal. NFL at its discretion may obtain fresh/latest distances for such destinations for the purpose of adopting them for payment and the same is binding on the contractor. Wherever the distance is not provided in the directory for a particular destination, the distance provided by Automobile Association/National Highway Authority/State Highways Authority/PWD/CPWD shall be adopted.

19.0 The rates for the transport of goods shall be on the basis of net weight.

No separate remuneration will be payable for the tare weight or packing material, as the remuneration therefore shall be deemed to be included in the rates for transport of net weight of goods.

20.0 No unloading charges at destination will be entertained where unloading

is done by the consignee. In cases where unloading facilities are not made available at destinations by the consignee, the unloading charges may be reimbursed at the rate quoted by the tenderer in his price bid.

21.0 Quantity shown in NIT documents is tentative and may substantially vary

during the contract period as per the marketing requirements. NFL does not take any responsibility for variation in the quantity as compared to those shown in the NIT nor guarantees any minimum quantity for transportation. However, the operation of the transportation contract depends upon ECA allocation. NFL therefore does not undertake any guarantee/responsibility under ECA. Contractor shall have no claim whatsoever in the regard against NFL.

22.0 In case, the Contractor is directed in writing by an officer of NFL or

Warehouseman to carry the material further to any other destination after reaching the original destination as per the Delivery Challan, the Contractor would carry out such instructions. The slab rate to the original destination shall be applicable to the entire distance from loading point to the diverted destination. For example. ‘if a truck is loaded from destination ‘A’ (NFL) to destination ‘B’ which is 100 Kms. The truck does not get unloaded at destination ‘B’ but is diverted to destination ‘C’ which is 50 Km from destination ‘B’”. In the above situation, the freight will be paid on rates as applicable to the slab of 150 Kms. Payment for such diverted delivery of material will be on the basis of distance traveled from Unit to original destination and by the shortest route from original destination to the new destination.

23.0 NFL shall not be liable for supply of petrol, diesel, lubricants etc. for the

purpose of work. 24.0 All sums payable by way of compensation under any of these conditions

shall be considered as reasonable compensation to be applied to the use of NFL without reference to the actual loss or damage suffered whether or not any damage shall have been contained.




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25.0 The transport contractor will have to transport the fertilizers without any

transshipment. In case transshipment is done a penalty of Rs. 2500/- per truck will be imposed except in case of accident / force major / break down.

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I. Estimated quantity for evaluation purpose

Slab Mean (Kms.) Estimated approx. quantity to be moved for evaluation (MT)

1 2 3 Up to 25 Kms. 25 3575 26 – 50 40 7235 51 – 75 65 6666 76 – 100 90 2061 101 – 150 125 11514 151 – 200 175 21037 201 – 250 225 25806 251 – 300 275 19447 301 – 400 350 36224 401 – 500 450 12421 501 & Above 630 1308 Total 1,47,294

Following shall be the criteria for evaluation purpose:-

Average distance as per column 2 X Estimated annual quantity X rate quoted as per MT/Km basis.

For instance:

175 x 21037 x 1 Re. Per MT/KM = Rs. 36,81,475

Total value for the slabs shall be added to finalize the total value of the contract.

II. For unloading at destination by transporter, a quantity of 38,000 M.T. shall be

considered for evaluation. III. Transporter should indicate maximum no. of trucks that can be supplied by them

on daily basis.




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ANNEXURE-I PRICE BID PROFORMA

A. RATES FOR TRANSPORTATION OF UREA FROM VIJAIPUR UNIT

S.No. Distance Slab (in KM)

Rate per MT per KM (in Rs.)

In figures In words 1 Up to 25 Kms.

2 26 – 50

3 51 – 75

4 76 – 100

5 101 – 150

6 151 – 200

7 201 – 250

8 251 – 300

9 301 – 400

10 401 – 500

11 501 & above

NOTE: 1. Except for the first slab of Up to 25 Kms, the freight payment for other

distance slabs shall be on the basis of actual distance covered as indicated in the Distance Directory.

2. The transportation rate is to be calculated for total distance on the basis of slab in which the destination fall i.e. on direct slab basis .

3. The rates quoted should be based on the prevalent rate of diesel i.e. Rs. 41.75 per liter at Daurana. Escalation/Descalation shall be allowed on above base rate only based on any increase/decrease in IOC prices at Daurana.

B. RATE PER MT UNLOADING CHARGES DESTINATIONS WHERE

CONSIGNEES DO NOT HAVE UNLOADING FACILITY IN THEIR SCOPE

UNLOADING CHARGES AT DESTINATIONS RATE PER MT

IN FIGURES IN WORDS

TENDERER’S SIGNATURE WITH SEAL




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Annexure-2

UNDERTAKING

The DGM (Materials) NFL,Vijaipur (Guna) Sub: Tender /NIT for transportation of Urea by Road Ex- NFL Vijaipir Ref: Tender No. NFVP/TPN/10/2010 DATED 10.01.2011 Dear Sir, With reference to above we hereby confirm that:

1. Tender documents have been read, understood with all clarifications pertaining to various clauses provided therein. Conditions laid down are fully acceptable to us.

2. There is no condition / deviation in our quotation from the conditions of your NIT /Tender documents.

3. Earnest Money Deposit is enclosed. 4. Rates quoted shall remain firm till completion of the contract. 5. This is to certify that none of the NFL employees is related to us.(In

case any relative is working in NFL , details may be furnished separately)

6. That none of our sister concern is participating in this tender in the name of any other firm.

7. We hereby undertake to open branch office at Vijaipur after award of Contract.

8. We may agree for extension of the contract for a further period of one year on mutual consent at the same rates, terms & conditions.

9. It is confirmed that we have not been de listed / black listed in any Public Sector Undertaking/Govt. Department in the last five years.

Dated: _________ Signature of Tenderer____________________ Name & Address_______________________ of Tenderer


