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NATIONAL FERTILIZERS LIMITED
VIJAIPUR – 473111, DISTRICT GUNA (M.P.)
(CIVIL ENGINEERING DEPARTMENT)
TENDER FOR: Repairs to Flexi Vinyl Lining in Factory area.
REFERENCE : NIT NO. NFVP/CICO/2317 DATED 13.07.2017
TABLE OF CONTENTS
Page No.
This Tender Document (AS ISSUED TO CONTRACTOR) consists of following:
S. No. Description From - To
1. Table of Contents 1
2. Notice Inviting Tender (Copy of NIT) 2
3. Forwarding of tender to contractor (annexure I) 3-5
4. Instruction to tenderers 6-9
5. Tender Form 10-12
6. Supplementary Conditions 13-22
7. Declaration Form I (annexure II) 23
8. Declaration Form II (annexure III) 24
9. Definition of Terms (annexure IV) 25- 26
10. General terms and Conditions (annexure V) 27- 35
11. Scope of work & Defect liability period 36
12. Schedule of Quantities 01 Page
____________________________________________________________________________
TOTAL SHEETS OF TENDER : 37 Pages
NOTE: The tenderer(s) shall satisfy themselves before submitting that no page or document
listed above is missing from the tender Issued to him / them.
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NATIONAL FERTILIZERS LIMITED
VIJAIPUR - 473111, DIST. GUNA (M.P.) (CIVIL ENGINEERING DEPARTMENT) NFVP/CICO/2317 DATE: 13.07.2017 NOTICE INVITING TENDER Sealed item rate tenders for the following work are invited in Three Bid system i.e. Part-I consisting of E.M.D., Part-II Techno Commercial Bid, and Part-III consisting of Price Bid from Contractors enlisted in NFL's Select Panel of Contractors: Name of work: Repairs to Flexi Vinyl Lining in Factory area. Estimated cost : 3.35 Lakhs Cost of tender Documents: Rs.200.00 (Rupees Two Hundred only, including GST). Contract period : 1 (One) Months (Excluding Rainy season)
Earnest Money Deposit : Rs 5000.00 (Rupees Five thousand only). Sale of tenders : From 13.07.2017 To 03.08.2017 Receipt of Tenders (Part-I, Part-II, And Part III ) : On 04.08.2017 up to 03.00 PM. Opening of tenders (Part-I & Part-II) : On 04.08.2017 at 03.30 PM. (Part-III) : To be decided after opening of part-I & part-II Tender shall be issued only to such contractors who submit the proof of having their PAN no. The Cost of tender documents and Earnest Money Deposit shall be in the form of Bank Demand Draft in favor of “National Fertilizers Limited" payable at SBI Bavrikheda (Code No.8455) or through Online Transaction (NFL Account No: 10346673311, IFSC code SBIN0008455). Bids not accompanied by Earnest Money Deposit shall be straightaway rejected. NFL reserves its right to accept/reject any or all tenders or split up the work between two or more agencies without assigning any reason thereof. Earnest Money Deposit of unsuccessful tenderers shall be refunded after the finalization of award of the work. NFL shall not be responsible for delay of tenders sent through post or courier services. Tenderer may depute their accredited representative at the time of opening of tenders who may like to be present. Tender documents can be downloaded from website of NFL (www.nationalfertilizers.com) and CPP portal however the cost of tender documents shall be submitted in the form of Demand Draft or online transfer, as described above at the time of submission of tender document.
(G.D.Aujha)
CHIEF MANAGER (CIVIL)
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Annexure-I
I - 1
NATIONAL FERTILIZERS LIMITED
(A GOVERNMENT OF INDIA UNDERTAKING)
CIVIL ENGINEERING DEPARTMENT
VIJAIPUR – 473111, DIST. GUNA (M.P.)
No. NFVP/CICO/2317
Date: 13.07.2017
Covering Letter of NIT
Ref.No. Dated:
To,
__________________________
__________________________
_________________________
Subject: Repairs to Flexi Vinyl Lining in Factory area.
Dear Sirs,
Sealed tenders are invited for the work as detailed below:
1. Name of Work: as mentioned in NIT at page no. 2
2. Earnest Money as mentioned in NIT at page no.2
3. Tender Fee: as mentioned in NIT at page no. 2
4. Estimated Value of the work : as mentioned in NIT at page no. 2.
5. Time of Completion: as mentioned in NIT at page no. 2
6. Last date of issue of Tenders: as mentioned in NIT at page no. 2
7. Last date and time of Receipt of Tenders: as mentioned in NIT at page no. 2
8. The date and time of Opening of Tenders: as mentioned in NIT at page no. 2
9. Place of receipt and Opening of Tenders: as mentioned in NIT at page no. 2
10. All request for interpretation, clarification & queries in connection with tender shall be addressed
in writing to Issuing Authority e.g. Chief Manager (Civil) at least 7 (SEVEN) days prior to the
closing date of the tender.
The Tender shall be submitted duly super scribed (Name of the work e.g. Repairs to Flexi Vinyl
Lining in Factory area).
11. The rate should be quoted in the Units given in the Schedule of Rates. The rates should be
quoted in words and figures. The rates quoted shall remain valid for 120 days from date of
opening of tenders for the acceptance.
12. National Fertilizers Limited reserves the right to reject any or all tenders without assigning any
reason whatsoever and also do not bind to accept the lowest tender. The tender can be split
between two or more contractors without assigning any reason thereof as per the requirement
on case to case basis.
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13. Tender shall be submitted in THREE SEPARATE SEALED Envelopes as under:
Envelope No.1:
Will be super scribed “EM” (Earnest Money) and shall contain earnest money deposit of Rs. 5000.00
and Rs. 200.00 as Tender Fees in the form of a crossed demand draft (separate for both amount)
issued by any scheduled bank except rural and cooperative bank in favor of National Fertilizers
Limited, ………(place e.g. Vijaipur) payable at……… (place e.g. Vijaipur) or through online transfer.
Envelope No.2:
Will be super scribed “TC” (Terms and Conditions) and shall contain terms and conditions set for the
tender by tenderer for his offer (in duplicate) and which are at variance from the terms and
conditions of the tender documents issued by NFL and the documents as per Para 16 & 18.
(DECLARATION FORM to be enclosed in this envelop)
Envelope 3:
Will be super-scribed “PB” (Price Bid) and shall contain the rates and amount quoted in the
prescribed schedule of rates.
All the three sealed envelopes shall be submitted in a separate sealed envelope super-
scribed”(Name of the job e.g. Repairs to Flexi Vinyl Lining in Factory area).”
14. Opening of Tenders
Envelope No.1:
Marked “EM” containing Earnest Money will be opened first, on the schedule date of opening of
tender in presence of those tenders who wish to be present at the time of Tender Opening.
Envelope No.2:
Marked “TC” will then be opened and discussion will be carried on with the respective tenderer for
clarification, if any.
Envelope No.3:
Marked “PB” will be opened subsequently on the same day or at a later date, which will be intimated
to tenderer.
The following documents are to be submitted with the quotation in the envelope no. 2, failing which
the tender will be liable for rejection:
16.1 (in case the parties are pre- qualified);
a) Declaration Forms I & II
b). An Affidavit on Non-Judicial Stamp paper of min. Rs.10/-duly attested by Notary, stating: -
i) That party/their associates/sister concerns etc. has not been black listed or put on holiday by
any institutional agency/ Govt. Department /Public Sector Under taking in the last two years for
participating in the tender.
ii) No other firm/sister concerns/associates belonging to the same group is participating/submitting
tender for the job.
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c) Other details are as under:
PAN (Permanent Account No.) issued by Income Tax Deptt.
GST Registration certificate /Accounting Code if applicable, may be attached.
Declaration Forms I&II
Cancelled Cheque
d) Power of Attorney in the Name of Person, who has signed the Tender Document. (In case of
Partnership Firm or otherwise as the case may be).
16.2 In case the parties are not pre-qualified, their offer will be considered as per laid down pre-
qualification criteria‟:
Tenderer shall submit along with the tenders full particulars of their capacity, experience giving
the list of similar jobs carried out by them during the last seven years, the complete address of
organization for which such works have been executed and also substantiate their claims
furnishing the copy of their credentials as per NIT. In the absence of these documents tender
will not be considered.
17 The contractor shall quote single rate against each item and not the multiple rates in the
Schedule of Rates. Any tender with the multiple rates quoted will be summarily rejected. Price should be quoted strictly as per the Performa enclosed for Schedule of Price.
18 This letter shall form part of the contract document and shall be signed and returned along with
the tender documents.
19 All pages shall be initialed at the lower right hand corner and signed wherever required in the
tender papers by the tenderers or by a person holding power of attorney authorizing him to
sign on behalf of the tenderer before submission of tender. All corrections and alterations in
the entries of tender paper will be signed in full by the tenderer with date. No eraser or
overwriting is permissible.
20 No condition or deviation should be mentioned by tenderer in Price Bid. Offers where the party
has mentioned any condition or deviation in Price Bid shall be out rightly rejected..
21 While submitting the offer, bidders may ensure that tender document/offer has been signed by
authorized signatory of the company. Subsequent withdrawal of offer / non-acceptance of
orders placed based on the offer submitted by them, will not be entertained on the ground that
the offer was not signed by the authorized person.
22 One person will be allowed to represent only one company during discussion/negotiation with
NFL. If same person is representing different companies with authorization letter from more
than one company, such person will be allowed to represent only the first company called for
negotiation.
23 The Tender shall be addressed to Chief Manager (Civil).
Thanking you,
Yours Sincerely,
For National Fertilizers Limited
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II-1
NATIONAL FERTILIZERS LIMITED
(A GOVT. OF INDIA UNDERTAKING)
VIJAIPUR - 473 111, DIST. GUNA (M.P).
INSTRUCTIONS TO TENDERERS
1. Sealed item rate tenders are invited on behalf of National Fertilizers Limited, New Delhi
for the work of "AS MENTIONED IN NIT at page no. 2". The tender shall be
submitted in the prescribed form.
2. The work is required to be completed within the period AS MENTIONED IN NIT at
page no. 2 from the 15th (fifteenth) day after the date on which the Engineer-in-Charge
issues written orders to commence the work or from the date of handing over of the site,
whichever is later, in accordance with the phasing, if any, indicated by NFL in the
tender documents/Work Order.
3. Tenderers shall submit their tenders complete in all respects in sealed cover together
with all documents mentioned in the tender so as to reach the office of Chief Manager
(Civil) , National Fertilizers Limited, Vijaipur - 473 111 at site office Building up to
AS MENTIONED IN NIT at page no. 2. The tenders will be opened on the same day
at 1530 hours in the presence of tenderers or their accredited representatives who may
like to be present. Before submitting their tenders, tenderers are advised to go through
the following terms and conditions very carefully.
4.a) The tender shall be accompanied by Earnest Money of Rs. AS MENTIONED IN NIT
at page no. 2 in the form of Demand Draft payable at State Bank of India Bavrikheda
(Code No. 8455 ) District GUNA (M.P.) in favour of National Fertilizers Limited or
through Online Transaction (NFL Account No: 10346673311, IFSC code
SBIN0008455).
4.b) The Standing EMD / EMD submitted earlier against this or any other work and if lying
with NFL, shall not be considered for this NIT and the contractor has to submit fresh
EMD for this work.
5.a) Not more than one tender shall be submitted by a contractor or by a firm of contractors.
No two or more concerns in which an individual is interested as a proprietor and/or a
partner shall tender for the execution of the same works. If they do so, all such tenders
shall be liable to be rejected.
5.b) The contractor should quote the rates both in words and in figures and show the total
quoted amount at the end of schedule of quantities. In case of difference in both the
rates, the rates quoted in words shall be considered as final.
5.c) GST TAX :
(i) The tenderer may quote his rates excluding GST.
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The tenderer must mention GST Registration / GST Code and the accounting code in the
invoice / receipts. The tenderer shall indicate the GST rate in his offer. Any variation in
the rate shall be to NFL’s account during contractual period only.
(ii) The bidder must mention GST Identification Number (GSTIN) and the Accounting
Code in the invoice/receipts. The bidder shall indicate the rate of GST in their offer.
I) “In respect of invoice no……………………….for Rs. ………………… dated
…………….….. under work order no. NFVP/CICO/2317 dated …………. in
accordance with the GST act/rules, GST amounting to Rs ………………. has been
deposited on dated ………… vide challan no ………… (copy enclosed) with the
Government.”
II) “I undertake to indemnify NFL against any loss or liability arising to NFL in
connection with GST related to above work order.”
III) I also undertake that I will deposit the GST amount in time & also submit the GST
Return Forms well within stipulated time schedule so that NFL can avail input tax credit
on GST immediately.
6. The following documents shall be furnished by the contractor:
(i) Copy of Income Tax return filed for the last Assessment year.
(ii) Account number in any branch of State bank of India along with its branch code.
7. The Executive Director/ Chief General Manager/ General Manager I/c., NFL VIJAIPUR
unit, or any other officer authorized by NFL shall be Accepting Officer hereinafter
referred as such for the purposes of this contract.
8. Tenderers are advised to inspect and examine the site and its surroundings and satisfy
themselves before submitting their tenders, as to the nature of the ground and sub-soil
(so far as is practicable), the form and nature of the site, the means of access to the site,
the accommodation they may require and in general shall themselves obtain all
necessary information as to risks, contingencies and other circumstances which may
influence or affect their tender. A tenderer shall be deemed to have full knowledge of
the site, whether he inspects it or not and no extra charge consequent on any
misunderstanding or otherwise shall be allowed.
9. Submission of a tender by a tenderer implies that he has read this notice and all other
contract documents and has made himself aware of the scope and specifications of the
works to be done and of conditions and rates at which stores, tools and plant, etc.
will be issued to him by NFL and local conditions and other factors bearing on the
execution of the works.
10. A tenderer shall quote in figures as well as in words the rate(s) tendered, the amount of
each item shall be worked out and the requisite totals given. Special care shall be taken
to write rates in figures and words and the amounts in figures only in such a way that
interpretation is not possible. The total amount shall be written both in figures and in
words.
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In case of figures the words, 'Rs' shall be written before the figures of rupees and the
word 'P' after the decimal figures e.g. Rs.2.15p and in case of words 'rupees' shall
precede and the word 'paise' shall be written at the end. Unless the rate is in whole
rupees and followed by the word 'only' it shall invariably be up to two places of
decimal.
11. All rates shall be quoted on the tender form.
12. In case of item rate, tenders, only the rates quoted shall be considered. Any tender
containing percentage below/above the rates quoted is liable to be rejected.
13. The tender for the works shall not be witnessed by a contractor or contractors who
himself/themselves has/have tendered for the same works. Failure to observe this
condition shall render the tenders of the contractor tendering as well as of those
witnessing the tender liable to rejection.
14. On acceptance of the tender, earnest money will be treated as part of the security
deposit. No interest will be payable on the earnest money.
15. The tenderers, whose tender is accepted shall deposit initial security deposit and further
permit NFL at all time of making any payment to him for work done under the
contract to deduct towards security deposit such sum(s) along with the amount of
earnest money already deposited amounting to 10% the gross amount of the bill.
16. NFL will return the earnest money, where applicable, to every unsuccessful tenderer
after the finalization of award of work. No interest shall be paid on the said earnest
money deposit.
17. Tenders which do not fulfill all or any of the conditions laid down in this notice or
contain conditions not covered and / or not contemplated by the General Conditions
of Contract and / or the special/ supplementary conditions of contract or expressly
prohibited therein or stipulate additional conditions shall be liable to be rejected.
18. National Fertilizers Limited reserves its right without assigning any reason thereof to;
(i) accept/reject the lowest or any other tender or split up the award of work between two
or more agencies,
(ii) accept the whole or any part of the tender,
(iii) Extend the contract for a further period of One MONTH on the same rates terms and
conditions as per mutual consent.
19. GST/Sales tax/Commercial Tax/ CESS or any other tax on materials in respect of this
contract shall be payable by the contractor and NFL will not entertain any claim
whatsoever in this respect.
20. Tenderers must give their postal address as well as their residential address of
themselves or their Chief Executive or agent, in the tender at the proper place.
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The tender documents submitted by the tenderer will be rejected if he or his agent
cannot be contacted after reasonable search and the earnest money will be forfeited by
NFL.
21. The tenderer shall sign at the bottom right hand corner of every page of the tender
documents in token of acceptance of NFL's conditions and for the purpose of
identification. Tenders received without signature and seal of the contracting firm shall
be summarily rejected which shall be final and binding.
22. Every tender shall be made in the English Language. All other information such as
documents and drawings supplied by the tenderer will also be in English Language as
will be any further information supplied by NFL. Drawings and Designs shall be
dimensioned according to the Metric system of Measurements. Tenders shall be
forwarded under cover of a letter typewritten on the tenderers letter head and duly
signed by the tenderer. Signature must be in long hand executed in ink by a duly
authorized principal of the tendering firm. No oral telegraphic or telephonic tenders or
modifications thereto shall be considered.
23. Tenders containing erasures and alterations of the tender documents are liable to be
rejected unless these are authenticated by the persons signing the tender documents.
24. When the tender submitted is not in the name of an individual, the tender shall
disclose the nature, constitution and registration of the tendering firm and shall be
signed by persons or a person duly authorized by the firm by means of the legal
document/power of attorney a duly certified copy of the same shall be attached with
the tender. For illustration, in the event of a tender being submitted by a partnership
firm it must be signed separately by each partner or by a person holding a power
of attorney authorizing him to do so. Such power of attorney shall be produced with
the tender and it must disclose that the firm is duly registered under the Indian
Partnership Act.
25. JURISDICTION: Notwithstanding any other court or courts having jurisdiction to decide
the question forming subject matter of a suit any and all actions and proceedings arising
out of or relative to this contract (including any arbitration in terms thereof) shall
lie only in the court of competent civil jurisdiction in this behalf at GUNA where this
contract is to be signed on behalf of NFL and only the said court shall have jurisdiction
and try and such actions and/or proceeding to the exclusion of all other courts.
26. This notice of tender shall form part of contract documents.
For & on behalf of
National Fertilizers Limited, Vijaipur
Signature_____________________
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TENDER FORM
Chief Manager (Civil)
National Fertilizers Limited
Vijaipur - 473111, District Guna (M.P.)
(Hereinafter referred to as NFL)
Dear Sir,
I/We have read and examined the following documents relating to the work
"AS MENTIONED IN NIT at page no. 2”:
a) NIT and Instructions to Tenderers,
b) Scope of work/Supplementary Conditions of Contract,
c) General Terms & Conditions of Contract including Special Conditions of Contract,
contractor's labour regulations, model rules for labour welfare and safety code
appended to these conditions,
d) Schedules of Quantities (SOQ),
e) Specifications/Technical Specifications.
I/We hereby tender for execution of the work referred to in the aforesaid documents upon the
terms and conditions contained or referred to therein and in accordance in all respects with
the specifications, designs, drawings and other relevant details at the rates quoted in
Schedule of Quantities and within the period of completion AS MENTIONED IN NIT at
page no. 2.
In consideration of I/We invited to tender, I/We agree to keep the tender open for acceptance
for 120 (one hundred twenty) days from the date of opening of Price Bid thereof and not to
make any modifications in its terms and conditions which are not acceptable to NFL.
It has been explained to me/us that the time stipulated for and completion of works in all
respects as mentioned in the time schedule of completion of jobs and signed and accepted by
me/us is the essence of the contract. I/We agree that in case of failure on my/our part to
strictly observe the time of completion mentioned for the work agree to pay compensation to
the NFL as per provisions and stipulations contained in General Terms & Conditions of
Contract and I/We agree to recovery being made as specified therein. In exceptional
circumstances extension of time which shall always be in writing may, however, be granted by
the competent authority at his entire discretion and I/We agree that such extension of time will
not be counted for the extension of completion dates stipulated for job and for the final
completion of work as stipulated in the time schedule of completion of work.
I/We agree to pay the earnest money and security deposit and accept the terms and conditions
as per the memorandum below in this respect.
I/We am/are fully aware that I/We would be required to fulfill all statutory provisions and
obligations under various labour laws in regard to deployment of contract labour under my/our
control.
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I/we agree to accept payments through ECS/EFT. The particulars of account no. are as under:
Account no.________________ Name of Bank__________________
Branch____________________ Branch code ___________________
RTGS CODE ______________ MICR NO. ____________________
I/We understand that the rates specified in the tender shall be inclusive of Sales Tax /
Commercial Tax or any other taxes, toll, customs duty of any kind, fees, octroi, royalty etc. in
respect of the contract and the rates shall be firm irrespective of any variation in the
prevailing rates of taxes, duties, levies, octroi etc., and any fresh imposition of any of
these by State / Central / Statutory bodies and I/We shall indemnify NFL against levy of any
taxes etc. in regard to this contract and in the event of NFL being assessed for any of the said
imports, the NFL shall have the right to recover the total amount so assessed from my/our dues
and I/We shall also be responsible for all costs or expenses that may be incurred by NFL in
connection with any proceeding or limitation in respect of the same.
MEMORANDUM
a) General Description of work : AS MENTIONED IN NIT at page no. 2
b) Earnest Money Deposit : Rs. AS MENTIONED IN NIT at page no. 2
The Earnest Money is payable in the manner set
out below :
The Earnest Money, if the tender is accepted, will
be adjusted against the security deposit.
c) Security Deposit : will be paid in the manner set out in the General Terms & Conditions of
Contract.
d) Time allowed for starting work : Fifteen days from the date of work issue of letter of intent.
Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and
conditions referred to above and in default thereof, to forfeit and pay to the NFL or its
successors or its authorized nominees such sums of money as are stipulated in conditions
contained in tender notice and other tender documents.
I/We hereby pay the Earnest Money Deposit of Rs. AS MENTIONED IN NIT at page no. 2
by Bank Demand Draft no. _______issued by_____________________ (name and office of
the State Bank of India or any Nationalized bank) in favour of National Fertilizers Limited.
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If I/We fail to commence the work specified in the Memorandum above, or I/We fail to deposit
the amount of Security Deposit specified in the Memorandum above, I/we agree that the NFL
or its successors without prejudice to any other right or remedy be at liberty to forfeit the said
earnest money in full, otherwise the said earnest money shall be retained by NFL towards the
security deposit specified above. The NFL shall also be at liberty to cancel the tender if I/we
fail to deposit the security deposit as aforesaid or to execute an agreement or to start the work
as stipulated in the tender document.
dated the _________day of_____________
Witness:
Name in BLOCK LETTERS: Yours faithfully,
Signature of Tenderer(s) with
Address: the seal of the firm.
Witness:
Name in BLOCK LETTERS: Name & Designation of authorized person
signing the tender on behalf of the
Tenderer(s)
Address:
Date: Dated: Telephone Number
Postal Address:
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NATIONAL FERTILIZERS LTD.
( CIVIL ENGINEERING DEPARTMENT )
VIJAIPUR - 473 111, DIST. GUNA (M.P.)
REFERENCE : OUR NIT No. NFVP/CICO/2317 DATED: 13.07.2017
Name of work : Repairs to Flexi Vinyl Lining in Factory area.
SUPPLEMENTARY CONDITIONS
1.0.0 Deleted
2.0.0 SPECIFICATIONS:
2.1.0 The specification for workmanship shall be as described in the Central Public Works
Department latest "Specifications" including amendments, unless otherwise specified.
These CPWD specifications shall be deemed to form part of this contract.
2.2.0 The CPWD specifications shall take precedence over the provisions in the BIS
specifications. Wherever CPWD specifications are silent, the relevant BIS specification
shall be referred.
2.3.0 In case of any class of work for which there is no such specification as laid down in the
contract, such work shall be carried out in accordance with the instructions and
requirement of the Engineer in charge.
3.0.0 GENERAL CONDITIONS:
3.1.0 The contractor has to depute one full time supervisor at site. He will receive instructions
/ requirements and to get the work done. He will also depute the concerned technicians
to get the work done. This will be permanent arrangement without any extra claim.
3.2.0 The contractor shall ensure that all the working staff possess identity cards (photo
cards) duly attested by NFL's representative while on duty in NFL Premises.
3.3.0 The contractor has to arrange at his own cost all Tools and tackles, and all other
incidental charges required to be incurred for successful operation of the contract /
execution of work as above.
3.4.0 Quantities mentioned in the Schedule of Quantities may increase or decrease or any of
the item may be deleted or any extra item may have to be executed depending upon site
requirements. Due to such variations in the quantities any extra claim from contractor
due to increase or decrease or deletion of the item in the schedule of the quantities shall
not be entertained by NFL.
3.5.0 The rates quoted by the tenderer shall be inclusive of all labour, materials, tools and
plants necessary for executing the work and all other miscellaneous expenditure
for or incidental to in connection with the execution of the contract including all types
of taxes, duties, royalty, octroi etc, but excluding GST. Payment of taxes and other
statutory levies leviable at present or which may become leviable in future or from
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time to time etc. is the responsibility of the contractor and shall not be payable by
NFL.
3.6.0 The rates quoted/Finally agreed as per Work Order shall be treated to remain firm
throughout the pendency of the contract including any extension period that may be
granted and shall not be subjected to any sort of escalation even if such escalation is
enacted by either the Local Bodies / Municipal Corp. / State Government or the
Central Government for the materials and/or POL. NFL shall not allow even a minor
revision of prices of the quoted rates during the pendency of the contract under any
circumstances whatsoever. The tenderer must quote keeping in full view the
requirements of the tender document except where it has been clearly stated that extra
shall be paid, it is to be understood that nothing extra shall be paid even though it may
not have been specifically pointed out that nothing extra shall be paid. Therefore the
rates to be quoted in the 'Schedule of Quantities' by the tenderer are to be fully
inclusive of the value of work described under several items including all costs and
expenses which may be required in and for the completion of the work described
together with all taxes, general risks, liabilities and obligations (e.g. Temporary
buildings, fencing, watching lighting, dewatering of drains leading to low lying
areas/site of work, leaking water supply lines/sub soil water, stagnated water at site,
insurance, royalty and the like and the prices are also to be inclusive of all labour,
materials, tools, plants and equipments hoists, tackles, scaffoldings and the
sundries, etc., as may be necessary for full and entire completion of the work.
4.0.0 CONTRACT PERIOD:
4.1.0 A mobilization period of 14 days from the date of issue of work order may be granted
for mobilizing men & material at site. The scheduled date of start of the work shall be
considered after expiry of mobilization period i.e. from the 15th day from the date of
issue of work order OR from the date of handing over of site or construction/
working drawings whichever is later. The total contract / completion period under this
contract shall be AS MENTIONED IN NIT AT PAGE NO. 2 and all the jobs assigned
to contractor shall be completed within this contract period which shall be reckoned
from the scheduled date of start of work. The contract period may be extended for
another one months on the same rates, terms and conditions as per mutual consent.
4.2.0 If the progress of this work under this contract is found to be unsatisfactory/behind the
schedule NFL may offload the said work by giving one week notice to the contractor
and get the same done from any available agency at the risk and cost of the contractor.
5.0.0 SCOPE OF SUPPLY OF MATERIALS/MACHINARY BY NFL:
5.1.0 NFL will not issue any material from its store for executing this contract.
6.0.0 SCOPE OF SUPPLY OF MATERIALS BY CONTRACTOR:
6.1.0 All the materials / tools and tackles, safety helmets etc. required to execute and complete
the work in all respects shall be arranged by the contractor at his cost from the open
market.
6.2.0 No advance shall be given to the contractor as mobilization advance or secured advance
against material procured etc.
7.0.0 DEFECT LIABILITY PERIOD :
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7.1.0 The defect liability period of this work shall be SIX MONTHS from the certified
date of completion of the work or the expiry of one full monsoon period i.e. 15th
October of the year whichever is later OR AS MENTIONED IN SCOPE OF
WORK
7.2.0 The contractor will be responsible for maintaining the works and making good at his
own cost any imperfections which may become apparent during the defect liability
period. In the event of failure of the contractor to rectify the imperfections during
Defect Liability Period, the same shall be got attended by NFL at the risk and Cost of
contractor and the amount, so incurred by NFL to attend to these defects ,shall be
recovered from the Security lying with NFL as per terms and conditions of GCC.
7.3.0 SECURITY DEPOSIT:
The amount of security deposit against this contract shall be refunded to the contractor
after completion of the defect liability period.
8.0.0 WATER CHARGES:
8.1.0 NFL shall provide water connection, if required, FREE OF CHARGE at a single point
in or around the area of work for executing the job. Further water supply distribution if
required shall be made by the contractor at his own cost.
9.0.0 ELECTRIC POWER CONNECTION:
9.1.0 Electric power supply if required for executing the work shall be provided FREE OF
CHARGE at a single point. The power switches shall be arranged and got certified
from a licensed technician by contractor at his own cost. All electrical installations
made by the contractor shall conform to Indian Electricity Rules 1956.
10.0.0 PROVIDENT FUND CODE:
10.1.0 The contractor shall furnish PF Code No. of his employees within one month from the
date of issue of this work order and shall maintain all periodical records pertaining to
PF of his employees as per requirement of PF Act. NFL reserves the right to
deduct/withhold such amount from contractor's bills as deemed fit towards PF of his
employees along with his contribution and such deducted/withhold amount can be
released to him only when he produce clearance/No Objection Certificate from the
Regional Provident Fund Commissioner.
11.0.0 LABOUR LICENSE & INSURANCE:
11.1.0 Contractor shall obtain labour license, if required, from “REGIONAL LABOUR
COMMISSIONER (CENTRAL) BHOPAL" and labour insurance for his labour force to
be employed by him as per statutory requirement & he shall submit the same to NFL.
No payment whatsoever nature it may be, shall be released to contractor in the absence
of these documents.
12.0.0 TERMS OF PAYMENT :
12.1.0 Running 'On Account' payment :
Generally running on account payment shall be released to the contractor on monthly
basis based on the quantum of work executed in the month. One measured R.A. bill may
16
be followed by another bill based on the ad-hoc quantities of work executed during the
month. The payments shall be released after recovery of the following:
i.) Value of chargeable materials issued by NFL, if any.
ii ) Statutory deduction like Income tax, Commercial tax, Cess on works contract, as
applicable.
iii ) Any other recovery if becomes due.
12.2.0 Invoicing :
12.2.1 All invoicing towards progressive payments shall be raised in the name of NFL and
shall be sent to the NFL for certification, once in a month, as per the standard
procedure established/to be established by the Engineer-in-Charge.
12.2.2 All invoicing for progressive payment shall include the following documents in one
original plus three copies:
- Invoice,
- All documents to comply with statutory requirements.
12.2.3 Rates for additional, altered or substituted work:
Altered/additional item(s) of work if required to be executed as per the directions of the
Engineer-in-Charge and if no rate exists in the Schedule of Rates, the same shall be
worked out as per General terms & Conditions of Contract.
12.3.0 FINAL BILL :
12.3.1 Final bill including following documents shall be submitted by contractor within 90
days from the certified date of completion of the work:
a) Final bill of quantities and rates in the Performa approved by NFL.
b) Material reconciliation statement for all materials issued by NFL to the contractor
whether on free-issue basis or chargeable basis.
c) Final takeover of work/completion certificate issued by the Engineer-in-Charge.
d) All claims or reimbursements pursuant to the contract including "No claim certificate"
on NFL's approved Performa.
e) No dues certification for facilities provided by NFL to the contractor.
f) Certificate of clearing of temporary establishments of the contractor at site.
g) Performance guarantee duly amended to cover the defect liability period.
h) Indemnity certificate towards all labour payments and statutory payments, indemnifying
NFL/Consultant in this regard.
12.3.2 No further claim for payment of any kind whatsoever shall be made by contractor after
submission of the final bill. If made such claims shall not be entertained.
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12.3.3 In case final bill is not submitted within 90 days, as specified above, the Engineer-
in-Charge shall be at liberty to carry out their own measurement/recording of work
done and may make payment or recover balances based on such
measurement/recording which shall be binding on the contractor.
13.0.0 INCOME TAX / COMMERCIAL TAX /CESS :
13.1.0 NFL shall be entitled to deduct Income Tax /Commercial Tax / CESS at source from
all payments due and to be made to the contractor under this contract in accordance
with the provisions of Income Tax/ Commercial Tax / CESS Act and rules framed there
under, as applicable from time to time, including any amendment or modifications
thereof.
14.0.0 FINANCIAL GUARANTEE FOR SECURITY AND PERFORMANCE:
14.1.0 Contractor shall deposit a sum equivalent to 2.5 % of the value of the Work Order,
towards Initial Security Deposit (I.S.D.) within 10 days from the date of issue of work
order. Further NFL shall deduct such sum (s) @ 7.5 % of work value of each bill to
make the total Security Deposit amounting to maximum 10% of the gross value of the
work done. The amount of EMD shall be adjusted in the I.S.D.
14.2.0 Alternatively contractor shall provide Bank Guarantee from a scheduled Bank for
the due and faithful performance of the contract for a total sum equivalent to 10% of
the awarded contract value. The said bank guarantee shall be valid till expiry of
the contract period and / or Defect Liability Period with provision for claim period
up to 3 months. No interest shall be payable on the Initial Security Deposit, Security
Deposit or the financial guarantee lying with the NFL.
14.3.0 The contractor shall exercise his option of either clause 14.1.0 or 14.2.0 above within 10
days of the issue of work order and thereafter bank guarantee shall not be accepted.
15.0.0 PAYMENT OF WAGES :
15.1.0 The wages of the workers are to be paid by the contractor in accordance with the rates
of wages as notified by M.P. Govt. from time to time through direct credit in the
bank account or in exceptional cases by way of cheque to all contract labours. In
case contractor fail to make the payment to his workmen on or before 7th day of the
following month, NFL, being the Principal Employer will disburse the payment to his
workmen employed for this work as per attendance register and deduct the amount so
paid from his bill. For this, NFL will recover additional 25% of the total wage bill of
the labour as departmental charges.
16.0.0 VARIATION TO CONTRACT CONDITIONS :Deleted
17.0.0 OTHERS :
17.1.0 No compensation for any damage done to the executed job or to the raw materials stored
at site, by rain, flood, or any other unavoidable circumstances, or natural calamities
during the execution of work or up to expiry of liability period, shall be made by NFL.
17.2.0 The contractor shall comply with the provisions of the Minimum Wages Act, 1948,
Employees Provident Fund & Misc. Provisions Act,1952, Employers’ Liability Act,
1938, Workmen's compensation act, 1923, Bonus Act 1965, Maternity Benefit
Act,1961, the contract labour (Regulation & Abolition Act, 1970 and Mines
18
Act,1932, Factories Act 1948, or any modification thereof. Contractor shall also
comply with the provisions of all the other acts, rules regulations such as Leave &
Holidays, Retrenchment compensation, payment of Bonus, Gratuity Benefit, Medical
Benefit etc. etc. connected with the employment of labour for the purpose of execution
of this contract.
Note: - The above acts are only illustrative and not exhaustive.
The contractor shall get his liability under Workmen’s compensation Act,1923, insured
through an Insurance company. The contractor shall also take medical cover for the
workmen deployed by him to cover the medical treatment in respect of his workmen.
17.3.0 In the absence of the contractor himself, the contractor will depute minimum one site
supervisor with proper power of attorney from the date of start of the work to the date of
actual completion of the job for supervising work arranging material, manpower
taking instructions from Engineer-in-Charge/Site Engineer, accepting the
measurements etc. in the absence of the said supervisor, NFL may suspend
the work at the cost of contractor.
17.4.0 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. NFL further reserve it’s right to extend the contract for a further
period of Three Months on the same rates terms and conditions as per mutual consent.
17.5.0 The validity of the tender for acceptance shall be up to 120 Days from the date of
opening of price bid. The EMD of the unsuccessful tenderers shall be refunded after the
award of the work.
17.6.0 Schedule of Quantities (AS MENTIONED IN NIT ) 01 pages are enclosed for the
purpose of quoting the rates by the contractor.
17.7.0 General Terms & Conditions of Contract (GCC) along with special conditions of
contract shall be applicable for the execution of the contract.
17.8.0 The contractor shall indemnify and keep indemnified the NFL against the losses and
claims for injuries or damages to any person or property whatsoever which may arise out
of the consequence of the execution of the works and against all claims, demands,
proceedings, damages cost, charges and expenses whatsoever in respect of or in
connection there to including his employees.
17.9.0 TIME LIMIT FOR UNFORESEEN CLAIMS:
In case the contractor fails to claim compensation from NFL on account of any claim
under the contract in writing to the Engineer-in-Charge within a period of one month
of cause of action or such a claim arise, the contractor shall be deemed to have waived
off his right to claim the same.
18.0.0 AGREEMENT:
Contractor 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 LOI / work order. No payment shall be released to contractor in the absence of
the agreement.
19.0.0 ARBITRATION CLAUSE:
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(a) Except where otherwise provided in the contract all matters, questions, disputes or
differences whatsoever which may arise at any time between the parties hereto, touching
the construction, meaning, operation or effect of contract or out of the matters relating
to the contract or breach thereof or the respective rights or liabilities of the parties,
whether during or after completion of the works or whether before or after termination,
shall after written notice by either parties to the contract be referred to the arbitration of
designated Unit head / E.D. / Functional Director / Chairman & Managing Director,
National Fertilizers Limited or his / her nominee (appropriate designated authority may
be inserted as per contract value).
(b) The Arbitration and Conciliation Act 1996(Amendment Act 2015) or any statutory
modification or re-enactment thereof and the rules made there under shall govern the
Arbitration proceedings.
(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, vacates his / her office by any reason
whatsoever, then the next arbitrator so appointed by the authority referred above may
start the proceedings from where his predecessor left or at any such stage he may deem
fit.
(e) It is agreed by and between the parties that in case a reference is made to the arbitrator
or the arbitral tribunal for the purpose of resolving the disputes/ differences arising out
of the contract by and between the parties hereto, the arbitrator or the arbitral tribunal
shall not award interest on the awarded amount more than rate SBI PLR, base rate as
applicable to NFL on the date of award of contract.
20.0.0 COMMON CONDITIONS:
(1) The prospective tenderers having any common partners / Directors / managing partners
etc. or having any other common criteria shall be considered as Sister / Group /
Associate Company. In such cases, only one of them will be eligible for participating in
the tender.
Tenderer has to submit a declaration along with the technical bid:
(a) 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 black listed by any
Institution agency / Government Department / Public Sector undertaking in the last two
years.
(c) In case of concealment of any fact, if detected later on, such tenderer will be debarred
from all dealings with NFL.
(2) No condition or deviation should be mentioned by the tenderer in price bid. Offers
where party has mentioned any condition or deviation in price bid shall be liable to be
ignored without any further reference.
(3) The tenderer shall quote the price strictly as per Performa enclosed or schedule of
prices. Parties should quote one rate for specific quantity quoted by them. Tenders with
20
quotation of different rate for different quantities shall be rejected without any further
reference.
(4) One person will be allowed to represent only one company during discussions /
negotiations with NFL. If same person is representing different companies with
authorization with letter from more than one company, such person will be allowed to
represent only the first company called for negotiation.
(5) Bidders may ensure that, tender documents / offer have been signed by appropriate /
authorized representative of the company. Withdrawal of offer / non-acceptance of
orders placed on offers submitted by the bidders on their letter head will not be allowed
on the grounds that offer was not signed by authorized person.
(6) The contractor shall immediately remove from the work any person deployed there on
who may misbehave or cause any nuisance or otherwise and is not fit person to be
deployed on the work and such person shall not be again deployed on the work without
the prior written permission of the officer in charge.
(7) The contractor may depute such employees as he may think fit. The employees should
be the employees of the contractor for all purposes whatsoever and shall not be deemed
to be in the employment of NFL for any purpose whatsoever. If, under any circumstance
whatsoever, NFL is held responsible to the employees of the contractor in respect of any
matter, NFL shall be reimbursed by the contractor for the same. Any other expenses
incurred by NFL as a result of any claim, NFL shall be entitled to claim / demand
compensation from contractors in that event.
(8) Contractor shall ensure that the work is carried out efficiently. Labour deployed by the
contractor should not loiter around, sit idle or sleep in the premises. They shall not
smoke inside the premises and shall not be under the influence of intoxicating or drugs
while on duty within the premises.
(9) The contractor shall make his own arrangement for housing his workmen no land /
tenement within property of NFL Vijaipur shall be made available to the contractor.
(10) It shall be the duty of the contractor to pay the minimum wages to its employees as
specified by the Government from time to time. The contractor shall have no right
whatsoever to claim the escalated wages after the award of the contract from NFL as
notified by Govt. from time to time. Upward revision of minimum wages from time to
time shall be deemed to be inbuilt in the quoted rates by the contractor.
(11) The Contractor should satisfy himself with the site conditions prevailing at the place of
work. He shall be deemed to have apprised him self of all the ground conditions at site
including weather condition.
(12) The Contractor shall indemnify and keep indemnified the NFL against all losses and
claims for injuries or damages to any person or property whatsoever which may arise out
of the consequence of the execution of the works and against all claims, demands,
proceedings, damages, cost charges and expenses whatsoever in respect of or in
selection thereto.
(13) The Contractor shall at all times keep NFL indemnified against all claims, damages or
compensation under the provisions of the payment of wages act 1936, Minimum wages
act 1948, Employees Liability Act 1938, the Workmen Compensation Act 1923, Equal
remuneration act 1976, Employment of Child Labour Act 1938, Abolition of Bonded
21
Labour Act and the Contract Labour (Regulation and abolition) Act 1970, or any other
Act regulating the employment of Labour by Contractor.
(14) The Contractor shall take insurance cover for his employees to cover his liability under
Workmen’s compensation act. Contractor shall also take medical cover under the
insurance policy to meet medical treatment expenses of his employees in the event of an
accident while on duty.
(15) The Contractor shall remove all his material and workmen from NFL premises on
termination of the contract. It is the term of the contract that it shall be total
responsibility of the contractor to clear the premises after the completion of the job. If
the contractor stays on the premises thereafter, he shall be deemed to be a trespasser and
in addition he will be liable to pay to the owner a sum of Rs.1000/- per day as damages.
(16) Termination / Cancellation of Contract :
NFL may terminate the contract if:
(a) At any time, the contractor makes default in proceeding with the works /job with due
diligence and continues to do so after of notice in writing of 3 days from the Office-
in-Charge,
OR
(b) If the contractor persistently disregards the instructions of the Officer-in-charge, or
job to take steps to employ competent or additional staff requires, or commits default
in complying with any of the terms and conditions of the contract and does not
remedy it or does not take effective steps to remedy it within 3 days after notice in
writing given to him by the Officer-in-charge,
OR
( c ) If the contractor obtains the contract with NFL as a result of ring tendering, or
other non-bonafide methods of competitive tendering,
OR
(d) If the contractor assigns, transfers or sublets or attempts to assign transfer or
sublet the entire work or any portion thereof without the prior written approval of
the accepting authority,
OR
(e) The contractor abandons the contract.
(18) Force Majeure :
The terms and conditions agreed upon under the contract shall be subject to Force
Majeure. Neither the contractor nor NFL shall be considered in default in the
performance of their obligations contained therein, if, such performance is prevented or
delayed or restricted of interfered with by reasons of war, hostilities, revolution, civil
commotion, strike, epidemic, accident, fire, flood, earthquake, regulation or ordinance or
requirement of any government or any subdivision thereof or authority or representative
of any such Govt. and / or any other act whatsoever, whether similar or dissimilar to
those enumerated beyond the reasonable control of the parties hereto or because of any
act of God.
The party so affected, upon giving prompt notice to the other Party shall be excused from
such performance to the extent of such prevention, delay, restriction or interference for
22
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 respective obligations by a State of force
majeure lasting continuously for period of three (3) months the two parties shall meet
and decide about the course of action for implementation of the contract.
(19) Jurisdiction:
“Notwithstanding any other court or courts having jurisdiction to try any civil suit
arising out of this contract, it shall be only the court or competent jurisdiction at Guna
(where the contract shall be deemed to have been entered into) to try such suits to the
exclusion of all others courts of the country”.
(G.D.Aujha)
Chief Manager (Civil)
23
Annexure-II
DECLARARTION-FORM-I
Ref. No; Dated : ___________
To,
Issuing Authority
National Fertilizers Ltd.
……….Unit/CO
I/We _________________________________________have read the
conditions of tender attached hereto and agree to abide by such conditions. I/We offer to do the job
of_____________________________________________________
_______________________________ work at the rates quoted in the attached Schedule of Rates and in accordance with the specifications, standards and instructions in writing of the Engineer-in-charge of M/s. National Fertilizers Limited and hereby bind myself/ourselves to complete the work schedule and progress of work.
I/We further agree to abide by the conditions of contract and to carry out all work within the specified time in accordance with specifications of materials and workmanship and instructions referred to in the Notice Inviting Tenders.
In case of acceptance of the tender by National Fertilizers Limited, I/We bind myself/ourselves to execute the contract as per the conditions mentioned in the tender documents, failing which, I/We shall have no objection to the forfeiture of the Earnest Money lodged with National Fertilizers Limited, Vijaipur.
Thanking you
Yours faithfully
For M/s ____________________________
(Signature of Contractor/Tenderer with SEAL)
Address : _____________________________
24
Annexure-III
DECLARATION FORM-II The following declaration to be signed by Contractor and to be submitted along with required documents which would be duly self certified:
Chief No.
DESCRIPTION YES / NO (If Yes, give the following details)
1 If a Tenderer has relations whether by blood or otherwise with any of employees of NFL (Owner), the Tenderer must disclose the relation at the time of submission of Tender, failing which, NFL shall reserves the right to reject the Tender or rescind the Contract.
Name and Designation of the Employee
Place of Posting Relation with the Employee
2. P.F. Registration No of the Contractor to be intimated along with Documentary proof thereof.
P.F. Registration Number
3 PAN No of the Contractor to be intimated along with Documentary Proof thereof.
PAN No
4 GST Registration No. with Documentary Proof. Accounting Code No. S.T.Code No.
…………………… …………………… ……………………
5 The bidder shall submit the name and address of the firm/company along with its constitution giving status of the same such as sole proprietorship/partnership or limited/private firm etc. Along with its copies duly attested by Notary Public as evidence.
Signature of the Contractor/ Tenderer with SEAL PLACE : ______________ Dated : ________________
25
Annexure-IV
NATIONAL FERTILIZERS LIMITED
DEFINITIONS OF TERMS
In the contract documents herein defined where the context so admits, the following words
and expression will have the meanings assigned to them respectively:
1. "The OWNER" means the NATIONAL FERTILIZERS LTD., incorporated in India, having
its registered office at SCOPE COMPLEX, Core No-III, 7, Institutional Area, Lodhi Road,
New Delhi-110003.
2. The "ENGINEER-IN-CHARGE" shall mean the person designated as such by NFL
and shall include those who are expressly authorized by him to act for and on his
behalf for operation of this contract.
3. The "WORK" shall mean the works to be executed in accordance with the contract or
part thereof as the case may be and shall include all extra, additional, altered or
substituted works as required for purpose of the contract.
4. "CONSTRUCTION EQUIPMENT" means all appliances and equipment of whatsoever
nature for the use in or for the execution, completion operation or maintenance of the
work unless intended to form part of permanent work.
5. "SITE" means the areas in which the work is to be performed by the Contractor and shall
include a part or portion of the site on which the permanent work is proposed to be
constructed.
6. The "TENDER DOCUMENTS" shall consist of Short Tender Notice, General Instructions
to the Tender, General Conditions of Contract, Special Conditions of Contract,
Specifications, Drawings, Time Schedule Tender Form, Performa or Agreement Form
Schedule of Rates, and Addendum/Addenda to Tender Documents.
7. "THE CONTRACTOR” means may person or persons or firm or company whose Tender
has been accepted by NFL with the concurrence of the Owner, and the legal
personal representatives, successors and permitted assigns of such person, persons
firm or company.
8. The "CONTRACT" shall mean the Agreement between NFL and the Contractor for the
execution of the works including therein all contract documents.
9. The "SPECIFICATIONS” shall mean the various Technical specifications attached and
referred to in the Tender documents. It shall also include the latest addition of relevant
Indian Standard Specifications published before entering into contract.
10. "The DRAWINGS” shall include Maps, Plans and Tracings OR Prints thereof with any
modifications approved, in writing by the Engineer-in-charge and such other drawings
as may, from time to time, be furnished or approved in writing by the Engineer-in-
charge.
26
11. The "CONTRACT DOCUMENTS" shall consist of Agreement, Tender documents as
defined in Clause 6, 7 & 8 above, Acceptance of Tender and further amendments.
12. The "ALTERATION ORDER" means an order given in writing by the Engineer-in-
charge to affect additions to or deletion from and alterations in the works.
13. The "COMPLETION CERTIFICATE" shall mean the Certificate to be issued by the
Engineer-in-charge when the works have been completed to his satisfaction.
14. The “FINAL CERTIFICATE” in relation to a work means the Certificate issued by the
Owner after the period of liability is over.
15. The "PERIOD OF LIABILITY” in relation to work means the specified period from the
date of issue of Completion Certificate upto the date of issue of Final Certificate during
which the Contractor stand responsible for rectifying all defects that may appear in the
works.
16. ‘ZERO DATE’ shall mean the date of issue of LETTER OF INTENT (LOI) or issue of
WORK ORDER, whichever is earlier.
17. "GTC" means General Terms & Conditions of Contract.
18. Technical Terms and Conditions & Special Terms and conditions are succeeding to GTC. Any clause under different head shall be succeeded by clause in the succeeding head.
27
Annexure-V
NATIONAL FERTILIZERS LIMITED
GENERAL TERMS & CONDITIONS
1.1.0 The execution of the work may entail working in all the site and weather condition and no
extra rate will be considered on this account. The contractor may have to carry out the jobs
to work round the clock as per our requirement to be decided by Engineer in-charge and the
Contractor should take this aspect into consideration for formulating his rates and quotation.
No extra claim/overtime will be paid on this account.
1.2.0 Electricity, Water and Service Air will be provided free of cost at one point as per requirement
of the job.
All lifting tools & tackles are to be got tested under the Competent Person engaged by State
Government from time to time and the certificates duly verified by Competent Authority are to
be submitted to the Department before taking up the job.
1.3.0 Suitable accommodation will be provided for the the contractor or his authorized
representative on chargeable basis, if available, NFL may allot land for putting temporary
Godown / workshop for making storage, work site by the contractor, free of cost.
1.4.0 The contractor shall have to make his own arrangements for all Tools & Tackles, Skilled and
Unskilled labours etc. required for the job. The work is subject to inspection at all time by the
Engineers-in-charge and the Contractor shall have to carry out the work to the entire
satisfaction of the Engineer-in-charge.
1.5.0 Sub-Contracting of the job will not be allowed without prior written permission of the owner
(NFL).
1.6.0 Statutory deduction, if any, will be made at the applicable rates, at the time of release of
payment to the party.
a) The rates to be quoted by the party should be inclusive of all applicable taxes, on works
contracts, except GST. Deductions of GST at source plus surcharge thereon at the
applicable rates of the Gross Value of the Bill shall be made from the Contractor‟s bill for
depositing with the GST Authorities as per the provision of the respective states GST.
Act.
b) GST, if applicable for the work under the present Contract, shall be paid by NFL. The contractor is to provide documentary evidence for registration under GST for the said contractual work/services. Liability of NFL shall be restricted to the amount of GST only and any interest/penalty etc. shall be to the contractor‟s account. The contractor must submit the documentary evidence/claim for levy of deposit of GST immediately after its deposit. NFL can withhold the payment due to non-compliance of GST rules.”
c) Addition/deletion of taxes imposed by the State Governments/Central Government after
submission of tender documents and during contractual period shall be to NFL‟s
account.
28
1.7.0 The rates quoted will be firm for the currency of the contract period and will not be subjected
to escalation irrespective of any increase what so ever. The rates quoted for materials, if any,
are F.O.R. Vijaipur and are inclusive of all taxes. No GST will be paid as extra.
1.8.0 The Tenderer should make a deposit of Rs. (as mentioned in NIT) as Earnest Money and
Rs. ( as mentioned in NIT) as Tender Fees by an A/C Payees Demand Draft, drawn on any
Scheduled Bank except Rural or Co-Operative Bank in favour of "National Fertilizers
Limited, Vijaipur” payable at Vijaipur. or through Online Transaction (NFL Account No:
10346673311, IFSC code SBIN0008455). The Earnest Money and Tender Fees shall not be
accepted in any other form except specified. Earnest Money and Tender Fees should
accompany the Tender in separate Envelope without which tender will not be opened and it
will be considered as rejected.
1.9.0 The following tenders will be liable to summary rejection:
a) Tenders submitted by Tenderer who resort to canvassing.
b) Tenders, which do not fulfill any of the conditions, laid down in the Tender Documents or
are incomplete, in any respect.
c) Tender, which contain uncalled for remarks or any alternative additional conditions.
d) The company reserve the right to accept the lowest or any other Tender in part or in full
or award parallel contracts or reject all OR any of the Tender without assigning any
reasons.
1.10.0 If the tenderer has relations whether by blood or otherwise with any of the employees of the
NFL, the tenderer must disclose the relation in the Form of Declaration attached, at the time
of submission of tender failing which NFL shall reserve the right to reject the tender or
rescind the Contract.
1.11.0 Wages shall be paid by the Contractor to the workman directly without the intervention of any
Jamadars or Thekedars and contractor shall ensure that no amount by way of commission or
otherwise is deducted or recovered by Jamadars from the wages of workman.
1.12.0 The contractor may employ such employees/ labours as he may think fit and the employees
so employed should be employees of contractor for all purposes whatsoever and shall not be
deemed to be in the employment of NFL for any purpose whatsoever. The contractor shall
abide by all rules, laws and regulations that may be in force from time to time regarding the
employment or conditions of service of the employees. If under any circumstances
whatsoever, NFL is held 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
employees of the contractor, NFL shall be entitled to claim, demand or compensation
from the contractor in that event. NFL shall also be entitled to recover the aforesaid amount
from the Contractor that may become due and payable to Contractor.
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1.13.0 Interested tenderer after studying the tender documents carefully, may obtain necessary
clarifications, if any in writing before tendering, Submitting of tender implies that the Tenderer
has obtained all the clarifications required No claim on ground for want of knowledge in any
respect will be entertained. No claim for extra charge consequent on any misunderstanding or
otherwise will be allowed.
1.14.0 The Contractor shall be liable to the company for any omission or Commission on his part or
on the part of his employees thereby causing any loss, damage or inconvenience to the
company.
1.15.0 The Contractor shall make his own arrangement for removal of old as well as unused
material, including packing materials and empty cases free of cost from work site to the place
indicated by the Engineer-in-charge after completion of work and nothing extra will be paid.
1.16.0 The decision of Engineer-in-charge in regard to all matters relating to the Tender and for
determine the category of work with reference to material of an item not mentioned in scope
of work shall be final.
1.17.0 In case, a contractor is so selected and who does not have PF code number, the CPSEs
could ask such contractor to get a code number, giving him a letter of intent regarding the
contract, so that he could apply and obtain a PF code number from the respective PF
Commissioner.
1.18.0 QUANTUM OF JOB:
Estimated value of work has been given on the basis of job executed during the last year.
NFL will not give any guarantee for minimum billing, minimum quantum of work during the
year.
1.19.0 If the Contractor is unable to execute the work any loss incurred by the company in this
respect, will be, to the Contractor‟s account. The company may also terminate the contract
after giving a three-day‟s notice, if in its opinion; the work under the contract is not being
done to its satisfaction. The Company will also have right to get the job done by a third party
at the risk and cost of the Contractor till the expiry of the period of the contract and debit the
cost plus 25% to the Contractor.
1.20.0 VALIDITY OF THE CONTRACT:-
The Contract shall remain valid for a period of One year reckoned from the date of its award.
The job can therefore, be got done any time during the tenure of the contract.
1.21.0 LOSS TO PLANT DURING EXECUTION: -
Any damage or loss caused to plant Equipment etc. during execution of this contract will be
made good by the contractor at his own cost and risk.
1.22.0 NFL shall have power to make any alteration in, omission from, addition to, or
substitutions for original Specifications and instructions which may be considered
necessary, during the progress of work and Contractor shall have to carry out the work in
accordance with any instruction which may be given to him in writing duly signed by
Engineer-in-charge.
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Such alteration, omission, additions, substitutions, shall not invalidate the contract and any
altered, additional or substituted work which the Contractor may be directed to do in the
manner above specified as a part of the work, shall be carried out by the Contractor on the
same condition in all respects on which he has agreed to do the main work.
1.23.0 If the rate for the additional altered or substituted work are specified in the contract for the
work. The Contractor is bound to carry out the additional, altered or substituted work at the
same rate as per specifications in the rate contract for that work.
a) In the event the extra or substituted items of the work does not fall in category as above,
the cost will be calculated on the basis of actual labour and consumable materials utilized
for the job. The quoted rates will be inclusive of overhead and profit. The quantum of
labour and consumable material used will be assessed by the Engineer-in-charge,
whose decision in this respect will be final and binding upon the Contractor. The
contractor will be required to obtain prior approval of NFL for rates payable to him for
such extra items.
b) In case, the Contractor fails to do the extra and/or substituted work. NFL will have the
option to get the work done through another agency at the Contractors' risk and cost. As
per clause No. 1.21.0 of General Terms and Conditions.
1.24.0 SECURITY:
The Security Deposit together with EMD/Initial Security Deposit shall be 10% of the contract / Works order value.
In case of AMC/ARC, Initial Security Deposit (ISD) shall be 2.5% of the Contract Work Order Value which is required to be deposited within 10 days of the issue of the letter of intent by the successful tenderer. EMD can be adjusted against SD.
The balance amount shall be recovered @ 7.5% from each running bill and the final bill as to make the total security deposit at 10% of the Contract / Work Order Value. In case work is split between two or more parties, SD shall be submitted based on the value of split order.
No interest shall be paid on security deposit. Any amount recoverable from the contractor shall be deducted from security deposit. Security deposit shall be returned to contractor after obtaining „No objection certification‟ from executive department after expiry of „Defect Liability Period‟.
1.25.0 PERIOD OF LIABILITY:
The Contractor shall guarantee for the work done for a period of (as mentioned in Scope of
work and defect Liabilty Period months from the date of issue of Completion of work. Any
damage or defect may arise or lie undiscovered at the time of completion certificate, in the
workmanship shall be rectified or replaced by the Contractor. In default, the Engineer-in-
charge may cause the same to be made good by other Contractor and deduct expenses (of
which the certificate of Engineer-in-charge shall be final) from any sums that may be there or
at any time thereafter become due to the Contractor from his Security Deposit.
1.26.0 PROCEDURE FOR MEASUREMENT/BILLING OF WORKS IN PROGRESS:
a) Measurement and Billing:
All measurement shall be in metric system. All the works in progress will be jointly
measured by the representative of the Engineer-in-charge and the Contractor‟s
authorized agent, as per method outlined in the special, General Terms and Conditions
of the contract. Such measurement will be got recorded in measurement book/sheet by
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the Engineer-in-charge or the authorized representative and signed in token of
acceptance by the Contractor or his authorized representative. The Contractor
will submit a bill in approved Performa in Triplicate to the Engineer-in-charge of the work
giving abstract and detailed measurements for the various items executed during a
month before expiry of the 1st week of the succeeding month.
b) Running Account Payment:
All running account payments shall be regarded as payments by way of advance against
the final payment only and not as payments for work actually done.
c) Completion Certificate/Final Bill:
The Engineer-in-charge shall normally issue to the contractor the completion certificate
within one month after receiving an application thereof from the contractor after verifying
from the completion documents and satisfying himself that the work has been
completed in all respect in accordance with the instructions, specifications of contract
documents. The contractor after obtaining the completion certificate is eligible to
present the final bill for the work executed by him. The final bill shall be prepared on the
basis of the final measurements entered in the measurement books/sheets. The
final bill shall be prepared in the prescribed Performa with reference to total work covered
by the contract such bill to be drawn up after applying the applicable rates specified in
the schedule of rates to the relative measured quantities. The final bill shall also include
all additional claims of the contractor and considered conclusive.
d) Final Certificate:
Within fifteen days of the contractor's application made after the expiry of the period of
defect liability provided for in clause 1.28.0 here of and satisfaction of all liabilities of the
contractor in respect there of the Engineer-in-charge that the contractor has performed
his obligations in respect of the defect liability period and until issue of such final
certificate, the contractor shall be deemed not to have performed such liabilities not
withstanding issue of the completion certificate or payment of the final bill by NFL.
1.27.0 TERMS OF PAYMENT:
a) Payment of monthly running account bill complete in all respect shall be made after
making necessary recoveries as per contract within 30 days of receipt of bill. Payment of
final bill shall be released within 60 days after receipt of bill completed in all respect.
Payment of 10 % security deposit/deducted shall be released after completion of defect
liability period on demand within 30 days.
b) The contractor has the option to receive payment through Electronic Funds Transfer
(EFT)/RTGS Process. For this option, they may submit their bank particulars i.e.
Customers Name, Name of the Bank, Bank Account No.(All digits in case of CBS
branches),Place of branch, Branch Code(IFSC CODE-II digits) to enable NFL to release
payment accordingly. All bank charges will be to their account.
1.28.0 PRESERVATION OF FREE ISSUE MATERIAL:
All materials issued to the contractor by the owner shall be preserved against deterioration
and storage while under contractor‟s custody, Any damage/losses suffered on account of
non-compliance with the requirement stipulated herein shall be considered as losses
suffered due to willful negligence on the part of the contractor and he shall be liable to
compensate NFL for the losses suffered at panel rates to be determined by the Engineer-in-
charge with reference to the rates charged for the purpose of recovery shall be final and
binding on the contractor.
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1.29.0 SCRAP ALLOWANCE:
Contractor will plan the work in such a way that the wastage to be minimum Following scrap
allowance will be allowed. Beyond the allowance, the wastage will be chargeable to the
contractor on NFL rate +25% + All Taxes will be charged extra.:
S No PARTICULARS SALVAGEABLE
A STRUCTURE 2.5 %
B CEMENT + or - 3.0 %
C PIPE 3.0 %
1.30.0 ISSUE OF MATERIAL FROM NFL:
Any issue of materials from NFL stores not covered in NFL obligation will be issued and
charged on NFL issue rate +25% + All Taxes will be charged extra. The issue of such
material will be sole discretion of NFL.
1.31.0 ISSUE OF GAS CYLINDER:
Contractor has to make his arrangement for Oxygen and Acetylene Gas. However, the
Oxygen and Acetylene gas can be issued on chargeable basis in exigencies subject to the
availability constituting following components.
a) Invoice price of gas.
b) Rent for each Cylinder per day.
c) Department charges.
d) Cost of collection and return of empty Cylinder.
1.32.0 MATERIAL TRANSPORTATION:
The contractor shall make his own arrangement for Transportation of the material from
stores to site of work and to the place of erection etc. at his own cost for making temporary
stores/work sites, NFL may indicate an area at its own discretion for putting up of a
temporary hut/shed.
1.33.0 Penalty Clause: The time (s) of completion indicated above are to be strictly adhered to by you. In case you
fail to adhere to the time schedule indicated above due to reasons not attributable to NFL, you shall be liable to pay to NFL the damages in accordance with the provisions of clauses of General Conditions of Contract. In such an event, the predetermined mutually agreed damages shall be charged from you at the rate of 1 % (One percent) of the contract value for each week or part there of delay. However, the total predetermined mutually agreed damages should not exceed 10% (ten percent) of the total contract completed value.
1.34.0 ENGINEER-IN-CHARGE:
The Engineer-in-charge shall have general supervision and direction of the work. He has
authority to stop the work whenever such a stoppage may be necessary to ensure the proper
execution of the contract. He shall also have authority to reject all work which directs the
application of forces to any portion of the work as in his judgment is required and order force
increased or diminished and to decide disputes, which arise in the execution of the work.
The Engineer-in-charge reserves the right to suspend the work of the part thereof at any time
and no claim whatsoever on this account will be entertained. In case of any dispute the
contractor may appeal to the Engineer-in-charge whose decision shall be final and
binding.
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1.35.0 CONTRACTOR TO REMOVE UNSUITABLE EMPLOYEES:
The contractor shall on instruction of the Engineer-in-charge immediately remove from the
work any person employed thereon who may misbehave or cause any nuisance or
otherwise, in the opinion of the Engineer-in-charge is not a fit person to be retained on the
work and such person shall not be again employed or allowed on the works without the prior
written permission of the Engineer-in-charge.
1.36.0 SAFETY REGULATION:
The contractor shall observe and abide by all fire and Safety regulations of the NFL. Before
starting maintenance work, the Contractor shall consult NFL's Safety Officer or the Engineer-
in-charge. If the Safety Engineer is not available, he will do familiarize him with such
regulations, copies of which will be furnished to him by NFL, when requested. He shall be
responsible for and must make good to the satisfaction of the NFL any loss or damage due
to fire to any portion of the work to be done under this agreement or to any of the NFL's
existing property. All the accidents to contractor's staff will be reported to the Safety Officer
promptly.
This will however not relieve the contractor of any statutory obligation. The contractor shall
not undertake any hot job without safety work permit. He has to maintain First Aid Box in his
office. Also necessary safety equipment like Helmets, Hand Gloves, Face Shield, Safety Belt
etc are to be provided to his workmen by the contractor. However special Safety equipment
required as per the job requirement will be provided by NFL free of cost.
For any default / accident / loss due to negligence of Contractor/ workers, the liability of
Contractor shall be “Absolute liability”.
1.37.0 CONTRACTOR TO EXECUTE AGREEMENT:
The contractor‟s responsibility under this contract will commence from date of issue of the
Letter of Intent. The Tender Documents, other documents exchanged between the Tenderer
and NFL, the letter of acceptance and work order shall constitute to the contract. The
successful Tenderer shall be required to execute an agreement on a non-judicial stamp
paper of prescribed value with NFL within 10 days (Ten days) from the date of issue of LOI /
work order. The agreement to be executed will be in Agreement Form specified by NFL. The
cost of the Stamp Papers will be borne by the contractor.
1.38.0 BIDDER TO ACQUAINT HIMSELF FULLY
The Bidder may visit the site and shall acquaint himself fully and thoroughly with the
conditions and limitations including scope, requirements and official/statutory regulations,
under which, conforming to which and subject to which, services/work are to be performed
by him. Failure to comply with the aforesaid requirements will not relieve the BIDDER of his
obligations in the event of his tender being accepted nor any claim whatsoever will be
entertained on the plea of ignorance or overlooking.
The Bidder shall give an undertaking that the terms and conditions of NIT and other
aforesaid conditions are acceptable to him without reservations and no deviations to NIT
have been taken while making the offer.
Unless otherwise specifically stated in his bid, it will be assumed that all terms and conditions
of NIT are accepted by the bidder without any reservations whatsoever.
1.39.0 PAYMENT FOR PREPARATION OF BID DOCUMENT
The Bidder shall not be entitled to claim any cost, charges, expenses, losses incidental to the
preparation and submission of this tender in any case.
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1.40.0 TERMINATION OF CONTRACT
Notwithstanding anything elsewhere herein provided and in addition to any other right or
remedy of NFL under the Contract or otherwise including right of NFL for compensation for
delay the Engineer-in-charge/officer-in-charge may, without prejudice to his right against
Consultant in respect of any delay, bad workmanship or otherwise or to any claims for
damage in respect of any breaches of the Contract and without prejudice to any rights or
remedies under any of the provisions of this Contract or otherwise and whether the date for
completion has or has not elapsed by intimation in writing, absolutely, determine the
Contract:
Default or failure by Contract of any of his obligations under the Contract including but not
limited to the following, the Contract is liable to be terminated if the Consultant
Becomes bankrupt or insolvent or goes into liquidation 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 its assets.
Abandons the work
Persistently disregards the instructions of the OWNER in contravention of any provision of
the CONTRACT.
Or
persistently fails to adhere to the agreed program of work
Or
Sublets the work in whole or in part there of without OWNER‟s consent in writing.
Performance is not satisfactory or work is abnormally delayed.
Defaults in the performance of any material undertaking under this CONTRACT and fails to
correct such default to the reasonable satisfaction of the OWNER within fifteen days after
written notice of such default is provided to the Contractor.
a) Owner may terminate the Contract due to any reason including reasons due to force
majeure, regulations or ordinance of any Government or any other reasons beyond the
reasonable control of the Owner.
Such termination will be by 15 (fifteen) days notice in writing and no claim/compensation
shall be payable by the OWNER as a result of such termination, excepting the fees and
costs for the meaningful services rendered by the CONSULTANT and acceptable to
OWNER, up to the date of termination.
1.41.0 RIGHTS OF OWNER
A unilateral stoppage of work by the Contractor shall be considered a breach of the
CONTRACT and the OWNER reserves its right to take necessary and suitable action as it
may deem fit, to adequately protect his/its interest; at the risk and cost of the contractor. Any
aforesaid action shall be without prejudice to any other action, rights and remedies etc. that
may also be available.
In the event the Contractor fails to fulfill his obligations under the CONTRACT, the OWNER
shall have the right to get the work done by any other agency/own resources at the risk and
cost of the Contractor.
1.42.0 TIME EXTENSION
If the Contractor requires any extension of time for completing the Work under the
CONTRACT he must apply to the OWNER within seven days from the date of the
occurrence of the event on account of which he desires such extensions and the OWNER
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may, if he thinks such request reasonable, grant such extension of time as he may think
necessary.
1.43.0 CONTINUED PERFORMANCE
The Contractor shall not stop work in case of any dispute pending before
arbitrator/court/Tribunal in relation to the contract or otherwise 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 the OWNER shall be within its rights to take suitable and necessary action as it may
deem fit to adequately protect its own interests.
1.44.0 The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition)
Act, 1970 and rules framed there under as amended from time to time.
1.44.1 The contractor shall abide by all the Laws/Acts/Rules/ Regulations including labour laws
related to PF, Wages, Holidays, Leave, overtime, etc.
1.45.0 The Contractor shall ensure that the Payment of Wages to Labourer has been made in
accordance with minimum Wages Act. If at any time, it is noticed or it comes to the
knowledge the payment to the Labourer employed by the Contractor is not made in
accordance with the Minimum Wages Act, NFL shall reserve the right to take remedial action
to regulate the payment.
1.46.0 It is understood by the contract that in the event of any losses/damages caused to the owner
(NFL) due to the reasons whatsoever within his control and the same losses/damages are
approved, the contractor has to make good all the consequential damages/losses to the
Owner without any protest and demur. The damages/losses shall be apart from other
claims/damages to which the Owner is entitled under the contract or in the course of Law.
1.47.0 The contractor shall ensure that all formalities / permissions/ licenses required be completing /
complying under the existing laws of India and amendments thereof time to time for and in
connection with this contract including engagement / employment of laborers.
1.48.0 “If a tenderer resorts to any frivolous, malicious or baseless complaints/allegations with an 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 period of 2 years”.
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NATIONAL FERTILIZERS LTD.
(CIVIL ENGINEERING DEPARTMENT)
VIJAIPUR - 473 111 DISTT. GUNA ( M.P.)
REFERENCE: OUR NIT No.: NFVP/CICO/2317 DATED 13.07.2017
Name of work: Repairs to Flexi Vinyl Lining in Factory area.
SCOPE OF WORK & DEFECT LIABILITY PERIOD
1.0.0 SCOPE OF WORK :
1.1.0 The scope of work includes for providing flexi vinyl lining in factory area as
described in the Schedule of Quantities and Technical Specifications, at NFL, Vijaipur.
The Contractor will be required to execute the work under this contract on the basis of
the requirements at NFL Vijaipur unit at all heights as per the requirements/directions of
Engineer-in-Charge following full safety norms and set procedures for execution of
works inside factory area. No extra claim (except as mentioned in SOQ) shall be paid
for doing jobs at different locations. The bidder after receipt of the enquiry document
may visit the site, collect information and satisfy himself about the location, local
conditions, accessibility of site, nature/extent/character of work and obtain required
clarification, if any, in connection with the execution of the work from the Owner.
2.0.0 DEFECT LIABILITY PERIOD:
2.1.0 The defect liability period of this work shall be SIX MONTHS from the certified date of
completion of the work or the expiry of one full monsoon period i.e. 15th October of the
year whichever is later,
(G.D.Aujha)
CHIEF MANAGER (CIVIL)