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NATIONAL FERTILIZERS LIMITED A-11, SECTOR – 24, NOIDA - 201301 GAUTAM BUDH NAGAR [U.P.]
TENDER DOCUMENTS FOR PRE-QUALIFICATION CUM PROCUREMENT OF NEEM KERNEL OIL
December-2015
E-Tender ID - 266
This tender documents should be digitally signed by tenderer as a token of their acceptance of the terms & conditions and should be uploaded, along with documents as mentioned in this tended documents, in Techno-commercial format.
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PART - I
PRE-QUALIFICATION OF MANUFACTURERS OF NEEM KERNEL
OIL
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SPECIFICATION OF KERNEL NEEM OIL (a) NEEM KERNEL OIL COLD PRESSED FOR UREA COATING AS PER BIS-4765, 1975
(b) Physical Appearance shall be : Clear Yellowish Liquid, Double Filtered without any sediments/moisture (c) Toxicology: Shall be Non-Toxic to Plants & Soil, Ecofriendly, Biodegradable (d) Purity Test: AZADIRACHTIN CONTENT SHALL BE - MIN 150 ppm Test Certificate for each lot will be submitted by you
(e) Density: In the range of 0.9100 to 0.9425
(f) Viscosity: (at 40 deg C ) 40 to 55 cst
VALIDITY PERIOD: The pre-qualification will be valid for three years and is extendable for a further period of one year, at the sole option of NFL. Eligibility Criteria for Pre-Qualification
(i) Vendors shall furnish details as per Annexure – A, along with supporting documents.
(ii) Solvency Certificate for minimum solvency of Rs 20.00 lakh. (iii) Only manufacturers of Neem Oil shall be considered. Kindly submit a copy of
registration certificate to this effect. (iv) Parties should have production capacity of 200KL per annum. (v) Parties should have been producing Neem Oil in at least one year out of last two years
during the period from 01.04.2013 to 30.11.2015 & should submit the latest copies of orders executed for minimum 200 KL in one year period.
(vi) Parties should submit the copies of Audited Balance Sheets for last two financial years
i.e. 2013-14 & 2014-15.
Parties will submit all the relevant documents physically well before the opening of techno-commercial bid online.
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Annexure – A
PROFORMA (To Be Filled and Submitted by the Party on its letterhead)
1. Name of Party (M/s.) - ___________________________________________________ 2. Address of Regd. Office - _____________________________________________ (With documentary evidence) 3. Name of Contact Person and address - _____________________________________________ 4. Telephone Number (s) - _____________________________________________ 5. Fax Number (s) - _____________________________________________ 6. E-Mail - _____________________________________________ 7. Details of Firm a) Date of Establishment - _____________________________________________ b) Registration No - _____________________________________________ c) Valid upto - _____________________________________________ 8. Type of Firm - _____________________________________________ Whether Proprietorship/ Partnership/Public Limited/ Private Limited (Documentary evidence to be attached) 9. Name & Address of - _____________________________________________
Proprietor/Partner/Director _____________________________________________ Tel. No. & Fax No., Office _____________________________________________
(Documentary evidence to be attached)
10. Central Sales Tax No & date _____________________________________________ 11. VAT / State sales Tax No & date _____________________________________________ 12. Photocopy of PAN NO., _____________________________________________ 13. Solvency certificate for minimum solvency of Rs.20 lakh, _____________________________________________
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14. Details of Past Experience/contracts executed (Documentary evidence to be attached)
S.No. Name of the OrganizationPO No & Period of Order
Value of Order Executed (Rs.)
Quantity supplied [KL]
01. 02. 03. 04. 05. 06. 07.
(Please attach separate sheet for additional information)
Copy of Purchase Order or Performance Certificate issued by the Organizations served / being served in support of above to be enclosed.
15. Annual Production capacity ____________________________________________KL
16 Have your Firm ever been De-listed/Blacklisted by any PSU/Co-operative/reputed Private Sector Organization: __________________________________________________________
16. We hear by confirm our unconditional acceptance to participate in e-tendering & Reverse
Auction tenders for supply of Neem Oil. 17. Any other relevant information: _____________________________________________________________________________
______________________________________________________________________________________________________________________________________________
NOTE: Furnishing of False/Incomplete Information with the application would lead to rejection of application. Date: ______________________
Signature with Seal
(Proprietor/Partner/Managing Director/Director *) * Strike out, whichever is not applicable
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PART - II
PROCUREMENT OF NEEM KERNEL OIL FOR THE YEAR
2016-17
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TENDER Ref. NO. NFL/CO/MTLS/Neem Oil/Dec./2015 DATE: 09.12.2015
SPECIAL INSTRUCTIONS TO TENDERERS
1. Mode of Tendering:
National Fertilizers Ltd. Noida (NFL), A Government of India Undertaking, has decided to do pre-qualification cum procurement of Neem Kernel Oil (Specifications as per Annexure-I), on F.O.R NFL Plants basis, for manufacturing of Neem coated Urea at NFL Panipat, Bathinda, Nangal & Vijaipur Units, against this open e- tender, in two part bid system, through e-tendering & Reverse Auctioning (e-procurement).
In this regard, NFL invites offers from manufacturers of Neem Kernel Oil only for procurement/supply of Neem Kernel Oil on F.O.R NFL Plants basis. The Notice Inviting Tender & other tender documents (NIT) will be posted on website https://nfl.etenders.in from where manufacturers will be able to download the NIT free of cost for participation in the e-tender and submit their documents and bids online on website https://nfl.etenders.in. In this tender, bidders could download the documents online and follow the procedure for submission as follows:
S.No. Activity Online/Offline 1 Tender Download Online
2
Submission of documents as per eligibility criteria for pre-qualification as specified in Part – I of this Tender
Offline
3 Submission of EMD Offline
4 Submission of Techno-commercial bid Online
5 Submission of Price Bid Online 6 Reverse Auction Online
The tender submission, tender closing and opening of Techno-commercial & Price Bids will be done electronically and online. Subsequent to Price Bid opening, online reverse auction will take place. NFL has appointed M/s Nextenders (India) Pvt Ltd., Mumbai as service provider for carrying out e-Procurement. Also, as per IT ACT 2000, use of digital signature certificate shall be mandatory for participating in e-tendering process. It is presumed that you can submit your bid and participate in this tender as per the requirements of the system. However, in case of any help/clarification, you may contact any one of the following:-
a) M/s National Fertilizers Limited-Noida
1) Mr. R.K. Sehgal Sr. Mgr (Materials) NFL, Corporate Office, A-11, Sector-24, Noida-201301 Fax: 0120 2412397/2411748 Mob No. 09560322422 e-mail: [email protected]
2) Mr. Dibyendu Pal Asstt. Manager (Mtls.) NFL, Corporate Office, A-11, Sector-24, Noida-201 301 Mob No. 09914189540 e-mail: [email protected]
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b) M/s Nextenders (India) Pvt. Ltd. Mumbai 2. All the vendors participating in the online e-procurement have to abide by the process
involved in the entire workflow of the e-procurement. NFL shall not be responsible for any mistake made by the vendor at the time of bid process. In case any vendor submits an invalid bid due to any reason including typing mistake / human error, such invalid bid will be disqualified / rejected with forfeiture of EMD and such vendor shall not be allowed to further participate in that tender. The remaining process shall be completed considering the other valid bids. This shall however, be without any prejudice NFL’s right to debar / de-list (vendors who submit invalid bids) from future tenders. Such action, if any, shall be taken at the sole option of NFL.
3. The starting / base price for reverse auction shall be the lowest landed (FOR destination)
valid rate received against initial price bids submitted by participating vendors. 4. It is mandatory for the vendors to use the digital certificate in all their bidding Process. 5. To participate in e tendering of NFL, please refer https://nfl.etenders.in for System
requirement, Browser configuration, procedures etc.
6. It is the entire responsibility of the vendors to protect their own login Id and Password and keep their digital certificate safe so that is not misused by any other person.
7. Tender Schedule:
The notice of issue of enquiry and detailed schedule for downloading the NIT documents, submission of bids, tender closing, tender opening, reverse auction and subsequent clarification/amendment in schedule etc. shall be communicated to registered vendors separately by emails/fax message. The same is also available on the above mentioned website against this tender.
Tender Schedule for Neem Kernel Oil is:
Sr. No. Tender Stage Date & Time
1 Document Download Start 14.01.2016, 11:30 AM 2 Document Download End 03.02.2016, 11:30 AM
3 Due/ Submission of Tender Date
03.02.2016, 11:40 AM
4 Techno-Commercial Bid Opening
03.02.2015, 11:50 AM
5 Price Bid Opening Techno-commercially acceptable bidders shall be notified separately
6 Reverse Auction Techno-commercially acceptable bidders shall be notified separately
Note: After expiry of date & time for a particular activity as mentioned above, that particular activity cannot be done unless the schedule for the same is extended /amended. Similarly no activity can be done before start date & time specified for that particular activity unless the schedule for the same is preponed / amended.
Telephonic Support Contact No. 020-30187400 020-25315555 E-mail- [email protected]
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8. Tender Opening:
The tenders will be opened electronically, technical & price bids, by us from our Corporate Office, Noida in the presence of representatives of Vendors who wish to attend the technical/price bid opening. The submission of bids may however be done by vendors from their office or from place of their choice or they can visit our Noida office and use NFL’s facilities for preparation and submission of their bids. However bids can't be submitted after the bid submission due date & time as per the schedule.
Price bid of all the vendors who are techno-commercially acceptable shall be opened electronically and such vendors shall be allowed to participate in the Reverse Auctioning.
However, opening of Price bid & Reverse Auction shall be notified later in due course of time.
9. NFL reserves the right to reject or accept any tender without giving any reason. 10. Place for conducting Reverse Auction: The eligible bidders, who are techno-commercially acceptable & their price bids were
opened, can participate in the online reverse auction from any place of their choice and need not to visit our Noida office for this purpose. The reverse auction shall however be done on website https://nfl.etenders.in. The password and User ID for this activity shall be allotted to eligible bidders later on before start of Reverse Auction.
11. Starting/Base Price for Reverse Auction: The Opening Price/base price for Reverse Auction will be informed after the Opening of
Financial/Price Bids. This shall be the lowest landed (FOR Destination) rate received against the initial price bids submitted by participating vendors. The Parties will be allowed to participate in Reverse Auction for which their Price bids were opened.
The Duration for the Event would be for 45 min. The Bid Decrement would be in multiple of Rs 1 per litre for first 30 minute and in the multiple of Rs 0.50 per litre for the last 15 min. If any supplier tries to bid in the last 3 minutes then the Bid Duration will increase by 5 minutes. There will be infinite extension if any supplier tries to bid in the last 3 minutes. NFL would be given one Buyer Login Id to view the event only.
The Contracts may be awarded to multiple vendors out of those bidders who agree to match the final R-1 price.
12. SYSTEM FAILURES AND REMEDIAL MEASURES THEREOF/COURSE OF ACTION TO
BE FOLLOWED
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering. However in case the system could not be restored within the reasonable time period as deemed fit by NFL, the following remedial measures shall be taken under such an eventuality:-
1. Tender is prepared and released but vendors are not able to submit their bids.
The due date of closing/opening shall be extended suitably.
2. Bids have been submitted but the same cannot be opened by NFL.
The due date of opening shall be extended suitably.
3. Bids including price bid have been opened and reverse auctioning
Under such eventuality, the reverse auction event shall be rescheduled and the new
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could not start. schedule shall be informed to all the bidders who have participated in the tender & submitted their bids online.
4. Reverse Auctioning (RA) started but failure occurred before completion.
The reverse auction event shall be suitable extended/shall be restarted again after rectification by giving a new schedule for the same, which shall cover the left over time period as per the original schedule. On restart of reverse auction the last R1 price received during reverse auction at which the reverse auction event got terminated, shall be the starting price.
13. Name & Address of Consignees/Units:
DGM (Mtls.), National Fertilizers Ltd Binjhol, Gohana Road, Panipat - 132 106 (Haryana).
CM (Mtls.), National Fertilizers Ltd Sibian Road, Bhatinda-151 003 (Punjab).
DGM (Mtls.), National Fertilizers Ltd P.O. Naya Nangal-140 126 Distt. Ropar (Punjab)
CM (Mtls.), National Fertilizers Ltd Vijaipur-473 111 Distt. Guna(M.P)
14. TIN/C.S.T. Nos.
Unit TIN NO. CST NO. Date NANGAL 03871081949 60006512 01-01-1988 BHATINDA 03961081948 851683, 1, 2, 11-04-1975 PANIPAT 06412602094 PNP/CST/2094 4.6.76/1.4.90 VIJAIPUR 23435002504 GNA/1363 25-05-1984
15. Eligibility Criteria for the tender
Offers of only those participating parties will be considered for price bid opening/evaluation who meets the following eligibility criteria:
a) Parties have to quote/offer minimum 150 KL of Neem Kernel Oil on FOR Destination basis
i.e. NFL Panipat/Bathinda/Nangal/Vijaipur Units. Offers of those parties who have quoted less than the minimum quantity of Neem Kernel Oil mentioned above will be rejected and their price bids will not be opened/considered for evaluation. These bidders will also not be allowed to participate in Reverse Auction.
b) Price bids of only those participating manufacturers/bidders shall be opened/ considered
for evaluation who has quoted their firm rates on delivered basis i.e. on F.O.R NFL Stores Basis. Offers of those parties who have not quoted their rates on FOR stores Basis will be rejected and their price bids will not be opened/ considered for evaluation. These parties will also not be allowed to participate in Reverse Auction.
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16. Approximate Quantity of Neem Kernel Oil
(i) The approximate required quantity of Neem Kernel Oil (Specifications as per Annexure-I) is 26,00,000 Litre for the combined requirement of our Panipat, Nangal, Bathinda & Vijaipur Units for a period of one year. The estimated quantity required for our various Units/Plants in one year shall be as below (1 KL= 1000 litre);-
NFL Plant Estimated Required Quantity of Neem Kernel Oil (Specifications as per Annexure-I)
Panipat 375 KL Bathinda 390 KL Nangal 335 KL Vijaipur 1500 KL
Total= 2600 KL
(ii) Evaluation of bids will be done on landed cost per litre (FOR Destination) basis. However, after placement of orders, NFL also reserves the right to vary the quantity as indicated above between the four Units i.e. Panipat, Bathinda, Nangal and Vijaipur, as per the requirement, at its sole discretion, but the total order quantity will remain same.
(iii) Deliveries shall be taken in staggered manner depending upon our actual requirement
from time to time. Further, in event of order, the actual quantity may increase/decrease by 10% at the sole option of NFL during the validity of order.
(iv) If there is any change in existing Government Policy for production of Neem Coated Urea, NFL, at its sole option, may short close the order at any point of time during the validity of order.
17. Rates a) Per litre Rates of Neem Kernel Oil (Specifications as per Annexure-I) must be quoted
on F.O.R. destination basis and strictly as per price bid format. Break up of Basic Price, Excise Duty, Sales Tax/VAT/CST, Service Tax and Freight must be given in the Offer as per price bid format. However, if any tax is not applicable then party may indicate the zero under that head and mention the same in remarks column that “Tax not applicable”
b) Evaluation of offers shall be done on landed per KL (FOR Destination) cost basis.
c) Total landed rates including freight/transportation charges quoted by the bidder shall
be fixed and not subject to any escalation/de-escalation whatsoever during the period of bid validity and execution of the Purchase Order, except for variation in statutory duties & levies (excise duty, sales tax/VAT & Service tax). The increase/decrease in statutory duties & levies, if any, shall be applicable for supplies as per schedule. In case of delays in delivery, no increase in statutory duties & levies shall be payable. However, if there is decrease in rates of statutory duties & levies the same shall become applicable for delayed supplies.
d) OCTROI/ENTRY TAX
Octroi/Entry Tax if payable, at our Units shall be borne by NFL. The supplier should claim reimbursement of the Octroi/entry tax charges submitting proof of payment to the Municipal Authorities along with the bill for the supplies. However, since Bathinda Unit is availing credit facility with Municipal Corporation, Bathinda, you will instruct your truck drivers not to pay any Octroi at Bathinda and in case it is paid the same shall not be reimbursed.
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e) Service Tax & Transit Insurance
The rates should be inclusive of Service tax on freight & transit insurance from your warehouse to our warehouse and transit insurance should be covered under your insurance policy.
f) Taxes and Duties shall be payable extra on actual. Documentary evidence wherever
applicable shall be furnished. The rates as prevailing on the date of submitting tenders shall be specified by tenderers.
g) In case of non-compliance of Commercial Terms & Conditions of NIT, loading criteria
as per Annexure-II shall be applicable at NFL's sole option.
18. Matching of Rates
a) Splitting/dividing of orders as per Clause No. 19 below will be done for each NFL Unit. b) After conclusion of Reverse Auction, all the participant bidders (except the lowest bidder
after Reverse auction) shall be required to give their consent to match the final R1 price or otherwise. If the vendor accepts the final R1 price, then he will give the Quantity which can be supplied by him at final R-1 price. If the vendor does not accept the price then he will give the confirmation for non-acceptance. The rate for matching purpose shall also be the landed (FOR Destination) rate.
c) For calculating the break-up of price of a particular vendor for the purpose of
determining the component of Excise Duty, Sale Tax/VAT and forwarding & freight charges etc. at the time of placement of P.O, back working of price from the final R-1/matched landed price shall be done by keeping the absolute value of forwarding & freight charges, percentage of ED & Sale tax/VAT as fixed as quoted by the vendor in his initial price bid. No separate confirmation shall be taken for the same from the vendors.
19. Dividing the Quantities between Manufacturers
i. Since Neem Kernel Oil is vital input required for production of Neem Coated Urea in
uninterrupted manner without causing any constraints on the production of our plants. Division of the quantities, on multiple suppliers out of those bidders who agree to match the final R-1 price after the Reverse Auctioning, shall be carried out between 4 vendors only at matched rate in the approximate ratio of 40:25:20:15 of total cumulative quantity of all Units.
ii. Above distribution will be done considering the tanker capacity as 15KL. However, the
distribution of quantities for each Unit as 50% for Vijaipur Unit and 50% for Panipat, Nangal & Bathinda Units.
iii. The allocation of quantity among the successful bidders, who matches the final lowest
price for the Unit, other than R-I bidder shall be based on the hierarchy of comparative position after completion of Reverse Auction i.e. the criteria of distribution shall be based on rates of R1, R2, R3 bidders and so on subject to their matching of R1 rates.
iv. In case the total quantity offered by these parties (at matched rate) is less than the total required quantity, NFL at its sole option can increase the no. of parties.
v. The above percentages will be subjected to variations at NFL’s sole discretion:
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a. Total quantity offered at matched rate by the vendors is less than the
required quantity.
b. Quantity offered by the vendor for matching is less than percentage given above as per hierarchy.
20. Quantity
As per the present consumption pattern, we are taking about 50% of the total quantity at our Vijaipur Unit. Balance quantity is taken at our other three Units situated at Nangal, Bathinda and Panipat. Vendors have to quote single FOR destination price for all the four Units. The above indicated percentage however can change at the sole option of NFL depending on the actual requirement.
21. Deliveries & Liquidated Damages
(i) Material shall be supplied on 'As and when required' basis, as per the Delivery Schedule to be intimated by NFL Units. For this purpose delivery orders, indicating quantity and delivery period, will be issued on monthly basis by NFL Units, in multiple of tanker loads. NFL does not guarantee issuance of delivery order for any minimum quantity in each month during the validity of contract. However, depending on the requirement of Neem Kernel Oil, NFL at its sole option may issue delivery order in any month for maximum monthly quantity of Neem Kernel Oil offered by you.
(ii) A period of 30 days will be allowed for completion of supplies against each delivery
order which will commence from the date of issue of Fax/e-mail. (iii) Material shall be delivered in road worthy tankers in our Stores without any
transhipment en-route. (iv) It shall be obligatory on the part of suppliers to adhere strictly to the deliveries quoted
and accepted by us in our orders. In case of delay in supplies, unless extension of delivery has been granted by us on application by the suppliers, NFL may at its option either / or
a. Recover liquidated damages from supplier at a sum equal to ½% per week of
the invoice value or part thereof of the value of stores not delivered subject to a maximum of 5% of the value of the order. or
b. Purchase elsewhere from open market on account and at the risk and cost of the suppliers the stores not delivered or
c. NFL will issue a reminder giving 7 days to complete the delivery. If the party fails to complete the order even after 7 days after scheduled delivery period, a final reminder may be issued giving 15 days. NFL shall thereupon have the right to terminate the contract forthwith forfeiting security deposit and taking other action against the tenderer within the provisions of the contract.
22. PERIOD OF CONTRACT
The Purchase Orders will remain in force for a period of one year for the date of issuance of LOI/order and is extendable for a further period of three months at the same rates and same terms & conditions, at the sole option of NFL.
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23. MODE OF DESPATCH
Neem Kernel Oil may be dispatched by road worthy Tankers in Capacity of 15KL. Party may despatch the Neem Oil in returnable HDPE barrels without any financial implications on NFL.
24. VALIDITY OF TENDERS The tenders must be valid for 90 days from the Techno-commercial Bid Opening date. 25. EARNEST MONEY DEPOSIT:
Tenders must be accompanied by Earnest Money Deposit of Rs. 1,00,000/- (Rupees One Lakh only). EMD shall be made in favour of National Fertilizers Limited, in the form of:
(i) Crossed Demand Draft payable at New Delhi OR (ii) Bank Guarantee in the prescribed format from any scheduled Bank excluding
Rural/Cooperative Banks, format enclosed at Annexure-III. The BG should be valid for a period of minimum 3 months and you shall give an undertaking for extension of the validity of the BG in case the same is desired by NFL.
(b) Earnest Money shall be forfeited at the sole discretion of NFL in case the tenderer,
after intimation from NFL of the acceptance of his tender, either wholly or in part fails to enter into a contract with NFL and/or changes any of price and terms and conditions of the tender within the validity period.
(c) Earnest Money deposited by the successful tenderer shall be returned on
submission of security deposit.
(d) Earnest Money deposited by unsuccessful tenderer shall be returned as early as possible.
(e) No interest will be paid on the Earnest Money Deposit of either the successful
tenderer (s) or unsuccessful tenderer(s).
(f) Parties who are registered with NSIC under its Single point Registration Scheme will be considered for granting the exemption from submission of EMD subjected the Neem Kernel Oil or similar nature item is appearing in the NSIC Certificate in the form of broad description.
CHEQUES WOULD NOT BE ACCEPTED IN ANY CASE.
26. Security Deposit (SD):
(a) The security deposit to be furnished by the successful bidders for the faithful and
proper fulfillment of the contract shall be 10% of the value of the Purchase Order. The security deposit for the entire order value will be deposited by supplier with NFL, C.O. NOIDA. In case of default in any unit, the entire S.D. shall be liable for forfeiture under Purchase Order. A period of 10 days for depositing security money direct with the DGM (Finance & Accounts) of NFL C.O. NOIDA will be allowed
(b) Security Deposit shall be made in favour of National Fertilizers Limited in the form
of:
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i. Crossed Demand Drafts OR
ii. Bank Guarantee in the prescribed format, copy enclosed at Annexure-IV from any scheduled Bank excluding Rural/Cooperative Banks. The BG should be valid for a period of validity of the contract plus Three Months’ claim period and you shall give an undertaking for extension of the validity of the BG in case the same is desired by NFL.
(c) The Security Deposit shall be retained by NFL during the currency of contract or till
settlement of all the accounts thereof whichever is later. In case of any dispute or differences not settled within the validity of Bank Guarantee, tenderer shall arrange to get the Bank Guarantee extended for the period asked for by NFL. In case bank guarantee is not extended as asked, NFL shall have the sole discretion to 'Call in' the Bank to pay the whole or part of the amount of Bank Guarantee.
(d) In the event of breach of any of the terms and conditions of the contract, NFL shall
have the right to draw from the Bank Guarantee/ Security Deposit either whole or part of the value of Bank Guarantee or Security Deposit.
(e) The amount so drawn shall not in any way affect any remedy to which NFL may
otherwise be entitled or any liability incurred by tenderer under the Contract or any law for the time being in force relating thereto or bearing hereupon.
(f) This Security Deposit shall be refunded after contract has been successfully
completed and certificate to that effect has been issued by NFL. It shall be lawful for NFL, if any differences or dispute is likely, to accept or to defer payment of the Security Deposit or any portion thereof which may be due for release until such differences and dispute has been finally settled or adjusted.
(g) Parties who are registered with NSIC under its Single point Registration Scheme will
be exempted for payment of Security Deposit up to Monetary Limit for which there Unit is registered, subjected the Neem Kernel Oil or similar nature item is appearing in the NSIC Certificate in the form of broad description.
The Security Deposit amount shall not bear any interest.
27. LOADING & UNLOADING
Loading and unloading of Neem Kernel Oil will be arranged by the consignor and consignee respectively. For unloading of material the transporter shall place the trucks at NFL premises between 8.00 AM to 03:00 PM on working days. If the vehicles report after 03:00PM, NFL may at their sole discretion unload the materials or retain the tanker without liability for retention charges.
28. (A) PAYMENT TERMS
70% payment will be made, by concern Unit, within 10 days of receipt of material at site subject to acceptance of material for defined parameter at NFL Lab. except AZADIRACHTIN CONTENT. Above payment will be released after duly adjusting the penalty (except for AZADIRACHTIN), if any, as per contract.
However remaining 30% payment, after duly adjusting the penalty for AZADIRACHTIN, if
any, as per contract, will be released within 30 days of receipt of material at site, based on the test report of AZADIRACHTIN CONTENT from Third party. The bills for payment shall be submitted to concerned consignee Unit directly along with supporting documents for release of payment
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(B) PAYMENT MODE
a. Payment shall be released by EFT (Electronic Fund Transfer) if desired by supplier. Successful vendors shall provide the requisite details of their Account No., Name & Branch code of Bank, Acceptance/request for release of payment by EFT, to the Finance and Materials deptt. of concerned Unit/Plant of NFL.
b. In case payment by A/c payee Demand Draft is insisted by supplier, the DD charges shall be borne by the supplier. Parties may give their Bank Account No. so that the same is incorporated in all A/c payee’s Demand Drafts.
The bills for payment shall be submitted to concerned consignee Unit directly
along with supporting documents for release of payment.
29. The prospective tenderers having any common partners/ Directors/Managing Partners, etc. or having other common criteria shall be considered as Sister/Group/Associates Company. In such cases, only one of them will be eligible for participation in the tender. Tenderers has to submit a declaration on letter head along with the technical bid that:
a) No other Firm/Sister concern/Associate belonging to the same group is participating
/submitting this tender.
b) That the bidders, their associates, Sister Concern, etc. have not been black listed by any institutional agency/Govt. Deptt./Public Sector Undertaking in the last two years.
30. Signing of Integrity Pact. Bidders will sign the Integrity Pact as per enclosed format which is an integaral part of the tender documents, falling which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder is rejected. Details regarding Integrity Pact can be viewed on our website: www.nationalfertilizers.com. The name and e-mail address of IEMs are: 1) Sh. Devinder Kumar, e-mail: [email protected] 2) G. N. Asthana, e-mail: [email protected]. Kindly upload duly signed copy of Integrity Pact along with other documents.
31. Parties are required to confirm their installed production capacity of Neem Kernel Oil along with documentary evidence and details of installed machinery at their premise(s).
NFL at its sole option may visit the premises of bidder for assessment of their installed production capacity of Neem Kernel Oil.
In case of concealment of any fact, if detected later on, such Tenderers will be debarred from all future dealings with NFL.
(Dibyendu Pal) Asstt. Mgr. (Materials)
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GENERAL TERMS & CONDITIONS of Tender for Procurement of Neem Kernel Oil TENDER Ref. NO. NFL/CO/MTLS/Neem Oil/DEC/2015 DATE: 09.12.2015
1.00 SUBMISSION OF TENDERS:- 1.01 The tenders will be submitted on line on the web site https://nfl.etenders.in No oral,
telephonic, telegraphic tenders or tenders submitted in hard copies/physical form will be entertained.
1.02 All tenders should be submitted online digitally signed and sealed by using digital certificate. 1.03 Tenderers are requested to scrutinize the terms and condition of this tender thoroughly
along with the General Terms and condition etc. as given in tender documents. 1.04 No amendment to the tender would be admissible under any circumstances, whatsoever
after the closing date and time of submission of tenders. 2.00 COMPENSATION FOR SUBMISSION OF TENDERS The tenderer shall not be entitled to claim any cost, charges, or incidentals for/or in
connection with the preparation of and submission of their tenders, though NFL may withdraw invitation to tenders, or reject any, or all tenders without assigning any reason thereof.
3.00 CHANGES IN TENDER SCHEDULE NFL reserves the right to change/amend the tender schedule (date and/or time) and shall
intimate all the suppliers by email/fax/telephonically, of such changes along with notice of revised schedule. However, it shall be the responsibility of the vendor to visit the designated website regularly as per the time schedule to get the details of any such changes, as the same shall be available against this tender on the said website. NFL shall not be responsible if a vendor is not able to participate in any activity related to this tender due to change in tender schedule.
4.00 CLEAR UNDERSTANDING: When a tenderer submits his tender in response to these tender documents, he will be
deemed to have understood fully all requirements, terms and conditions. No extra payment will be made on a pretext that the tenderer did not have a clear idea on any particular point and/or a clause of the tender.
5.00 NFL’s right to accept any Bid and to reject any or all bids: Notwithstanding anything to the contrary contained herein, NFL reserves the right to accept
or reject any Bid and to annul the bidding process and reject all bids at any time prior to award of Purchase Order, without thereby incurring any liability to the affected bidder or bidders or of any obligation to inform the affected bidder or bidders of the grounds for NFL’s rejection.
6.00 AWARD OF CONTRACT: Award of contract is at the sole and absolute discretion of National Fertilizers Limited, which
shall not be disputed. Purchase order issued on the basis of this tender will be called the contract. The terms and conditions as embodied in the Purchase Order shall be final and
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shall supersede any other term and condition that might have been indicated in the tender submitted by the tenderer.
7.0 ARBITRATION: The contract shall be governed by and construed in accordance with the laws of India.
Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of the works or whether before or after termination, shall be referred to Functional Director/Chairman & Managing Director, National Fertilizer Ltd for appointing arbitrator from the panel maintained by the NFL (circulated vide IOM No. NFL/Sec/Legal/Arb./123 dated 19.08.2010) or any other person of repute including persons on the Panel of Arbitrators maintained by bodies like SCOPE Forum of Reconciliation and Arbitration (SFCA), Construction Industry Arbitration Council (CIAC), ICA, etc. to adjudicate the dispute. The decision of the arbitrator so appointed shall be final and binding on the parties. It is agreed by and between the parties that in case a reference is made to the arbitrator or the arbitral tribunal for the purpose of resolving the disputes/differences arising out of the contract by and between the parties hereto, the arbitrator or the arbitral tribunal shall not award interest on the awarded amount more than the rate of SBI PLR or actual interest rate paid by the owner(NFL) whichever is lower, prevailing on the date of award of contract. Subject as aforesaid the provisions of India’s Arbitration and Conciliation Act,1996 and the rules made there under or statutory modification or re- enactment thereof from time to time shall apply to the arbitration proceedings under the clause.
Applicable ARBITRATION CLAUSE where contract is awarded to Public Sector Enterprises/Government:
In the event of any dispute or difference relating to the interpretation and application of the provisions of the contract, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India In-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties will share equally the cost of arbitration as intimated by the Arbitrator.
8.00 JURISDICTION All actions at law or suits arising out of or in connection with this contract or the subject
matter thereof shall be instituted in a court of competent jurisdiction in the state of Delhi.
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9.00 FORCE MAJEURE Neither party will be liable for any claim on account of any loss, damage or compensation,
whatsoever, arising out of any failure to carry out the terms of this contract, where such failure is caused due to war, rebellion, mutiny, civil commotion, fire, riots, earthquake, drought, flood crop failure, or Act of God or due to any restraint or regulation of the State or Central Government or a local authority/authorities, provided a notice of such occurrence is given to the other party in writing within 10 days from the date of occurrence of the force majeure condition, furnishing therewith a documentary evidence supporting the invoking of the force majeure clause.
On cessation of the force majeure, the party invoking force majeure will inform the other
party of the period for which the force majeure condition continued and will also give documentary evidence thereof this effect.
10.00 SUBLETTING OF CONTRACT The successful tenderer shall not sublet or assign the contract or any part of it without
obtaining the written permission of NFL in advance. In the event of the successful tenderer subletting or assigning the contract or any part thereof without such permission, NFL shall be entitled to cancel the contract and to purchase the goods elsewhere and successful tenderer shall be liable to the National Fertilizers Ltd for any loss or damage which NFL may sustain in consequence or arising out of such purchases. Even in case subletting is permitted, NFL shall not recognize any contractual obligation with the person or party to whom subletting is permitted and shall look to the successful tenderer for satisfactory and due and proper fulfilment of the contract.
11.00 SECRECY Any information delivers or otherwise communicated by NFL to supplier in connection with
the contract shall be regarded as secret and confidential and shall not without the written consent of NFL be published or disclosed to any third party or made use of by the supplier except for the purpose of implementing the contract.
12.00 LAWS GOVERNING PURCHASE ORDER: The purchase orders placed against this NIT shall be governed by the Indian laws. 12.01 The tenderer shall comply with all statutory requirements and laws in performing the
contract. The responsibility for action/safety or his employees while performing the contract by the tenderer shall be solely his.
12.02 NFL shall mean and include Administrative and Executive Officers of the concerned Units
who are authorized to deal with all matters relating to these presents on its behalf. 13.00 CLAIMS: NFL shall be entitled to retain the amount of any of its claim against the successful
tenderer, whether liquidated or unliquidated arising out of the contract under reference or otherwise, however and set off the same prorate against any amount payable to the successful tenderer under the contract under reference, without prejudice and in addition to the other rights of National Fertilizers Limited or recover the amount of any such claim by other remedies legally available.
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14.00 NFL reserves the right to examine and call for supplier's book of accounts and other related records to ascertain the correctness of price and its variation, specification of materials used etc.
15.00 In case, a supplier is found guilty of bribery, corruption, dishonesty, malpractice, submission
of forged documents, mis-representation, spurious supplies, fails to return the material issued for reprocessing/manufacturing, such supplier will be blacklisted.
16.00 TERMINATION OF THE CONTRACT: The Contract is liable to be terminated if the party:
1) becomes bankrupt or insolvent or goes into liquidation or is ordered to be wound up or has a receiver appointed on its assets
2) makes an arrangement with or assignments in favour of his/their creditors or agrees to carry out the contract under a committee or inspection of his/their creditors; or
3) abandons the work; or 4) persistently disregards the instructions of NFL; or 5) fails to adhere to the agreed schedule of work; or 6) assigns or sublets the work in whole or in part thereof without prior written consent of
NFL; or 7) defaults in the performance of the contract; or 8) at any time party makes default in supply under the contract with due diligence and
continue to do so after a notice issued by NFL; or 9) If the party obtains the contract with NFL as a result of ring tendering, or with illegal
measures; 10) Information submitted by the contractor is found to be incorrect. Such termination shall done as specified at Clause No. 21 (iv) of NIT and no
claim/compensation shall be payable by NFL as a result of such termination.
17.0 CONSEQUENCES OF TERMINATION If the contract is terminated by NFL for the reasons detailed above or for any other reasons
whatsoever: i) NFL shall reserve the right to get the material from the party other than the party at
the risk and cost of the party. ii) The party shall have no claim to compensation for any loss sustained by him by reason
of having entered into any commitment or made any advances on account of or with a view to the execution of work or on account of loss of expected profits.
iii) All the dues payable to the party for the supplies executed by him before and upto termination shall only be released after making adjustments for the expenses, charges, demands etc. incurred by the owner as a consequence of termination of the contract.
18.0 DELISTING AND BLACKLISTING OF SUPPLIERS/VENDORS
a) Material found deficient in specifications will be rejected. The supplier who consistently supplies below specifications material and whose 50% of the total ordered quantity is rejected as per NIT terms, will be de-listed & not be allowed to participate in the next tender. In case the order is for two or more units, the above assessment will be based on the combined order quantity and supplies to all the units. In case similar deficiencies in the quality standard are observed in subsequent order also, the supplier will be de-listed from participating in NFL's tender for a period of two years.
b) In case, a supplier repeatedly fails to perform, causes abnormal delays, supplies sub-
standard material, fails to rectify/settle discrepancies in the supplies within a reasonable time, the particular supplier should be delisted from the approved list of
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suppliers for a limited period of 1 to 2 years. However, such suppliers shall be allowed to execute existing order(s) which was/were issued prior to delisting.
c) In case, a supplier is found guilty of bribery, corruption, dishonesty, malpractice,
submission of forged documents, mis-representation, spurious supplies, fails to return the material issued for reprocessing/manufacturing, such supplier will be blacklisted.
19.0 One person will be allowed to represent only one company during discussions/negotiations
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 negotiations.
20.0 Bidders should ensure that the tender documents/offer has been signed by
appropriate/authorized representative of the Company. Withdrawal of offer/non-acceptance of orders placed based on the offers submitted by bidders on their letter head; will not be allowed on the ground that offer was not signed by authorized person.
21.0 All information sought by NFL during tender evaluation shall be provided within the time set
out in the communication on the subject. Failure of the tenderer to comply with requirements of NFL within stipulated time may make the offers as unresponsive & shall entitle NFL to proceed further with the tenders.
22.0 In case you are registered as MICRO, SMALL or MEDIUM Enterprise under ‘The Macro, Small
& Medium Enterprise Development Act, 2006 (MSMED Act)’ promulgated by Government of India vide Notification dated 16/06/2006, please indicate the relevant category in your Offer and also submit a copy of the certificate issued by the concerned authorities.
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Annexure-I SPECIFICATIONS FOR NEEM KERNEL OIL
Description NEEM KERNEL OIL COLD PRESSED FOR UREA COATING AS PER BIS-4765, 1975 Physical Appearance shall be : Clear Yellowish Liquid, Double Filtered without any sediments/moisture Toxicology: Shall be Non-Toxic to Plants & Soil, Ecofriendly, Biodegradable Purity Test:- AZADIRACHTIN CONTENT SHALL BE - MIN 150 ppm Test Certificate for each lot will be submitted by you Density: In the range of 0.9100 to 0.9425 Viscosity : (at 40 deg C ) 40 to 55 cst
SPECIAL NOTES: 1. Confirmation of the complete technical specifications of the offered product as above. 2. The material will be acceptable with density in the range of 0.9100 to 0.9425 with
payment on pro-rata basis. 3. QUALITY ANALYSIS/ACCEPTANCE OF MATERIAL:-
Physical & Chemical Analysis Certificate with each consignment of supplied lot at 'NO
EXTRA COST TO NFL'. The Test Reports/Certificates of Analysis must be from any Government Approved Laboratory or from your own Lab conforming to:-
a) All specifications (excluding Azadirachtin content) included in IS: 4765 - 1975
Table 1 (Neem Kernel Oil) tested as per method in IS: 548(Part I - 1964 and Part II - 1974)
b) Density = 0.9100 to 0.9425 c) Viscosity (at 40 deg C) = 40 to 55 cst. d) The supplied material will be free from admixture with other oils and added
coloring substances as per IS: 548 (Part II) - 1974
4. Determination of Quantity of Neem Kernel Oil:
The filled tanker shall be weighed at NFL Weighbridge. To the extent possible, the same truck (empty) shall again be weighed at NFL Weighbridge. The difference shall be the weight of the Oil supplied. Quantity in litres shall be ascertained by dividing net weight of the Oil by its density and payment shall be released for the actual quantity received. However, a variation of ±0.5% as weighbridge tolerance will be allowed. No recovery shall be made for shortages up to -0.5%. In case shortage in weight is more than 0.5%, the recovery shall be effected for the total shortage in quantities. Weighment at weighbridge of NFL will be final and binding on the supplier.
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5. Testing of Azadirechtin Content in Neem Kernel Oil & Penalty.
i. Neem Oil shall be tested in NFL’s Laboratory for various contents other than the Azadirechtin content. Neem Oil shall be used/consumed/accepted or rejected based on this testing of NFL’s Laboratory Report. However, testing of Azadirechtin content shall be got separately done from Third Party Inspection Agencies and the recoveries shall be done based on formula specified below and the test report of Third Party Inspection Agency. The result of Third Party report shall be binding on supplier and they shall have to accept deduction of amount recoverable based on that report/specified formula.
ii. Penalties shall be leviable based on the test report of Third Party Inspection
Laboratory as below: a. Being a natural product, a tolerance of 5% in Azadirachtin content shall be allowed
without any penalty/recovery. In case Azadirachtin content is from 142.50 ppm to 150 ppm, no recovery for less content of Azadirachtin shall be made. However, the actual test charges including Service Tax of the Third Party Test Laboratory shall be recovered from you.
b. In case Azadirachtin content is less than 142.50 ppm, recovery shall be made
without considering any tolerance i.e. considering required Azadirachtin content as 150 ppm. For example, in case Azadirachtin content is 140 ppm as per Third Party Test Report, recovery shall be made for 10 ppm and not 2.5 ppm. The recovery shall be based on the Rs 100 per gm as cost of Azadirachtin. In addition to this, recovery of testing charges and taxes of Third Party Inspection at actuals shall also be done from the supplier.
c. In case Azadirachtin content is 150 ppm or more, the Third Party Laboratory
charges shall be borne by NFL. However, no credit/ incentive shall be allowed to the supplier for Azadirachtin content being in excess of 150 ppm.
6. Acceptance criteria & Penalty for Moisture & Insoluble impurities in Neel Kernel
Oil: NFL at its sole discretion reserves the right to accept the material with the following acceptance criteria:-
(i) Moisture & Insoluble impurities : Accepted without Penalty (% Mass) ≤ 0.3% (ii) Moisture & Insoluble impurities : Accepted with Penalty on (% Mass) >0.3 but ≤ 1.0% double the Pro-rata basis
(iii) Moisture & Insoluble impurities : Material will be rejected
(% Mass) >1%
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Annexure-II
LOADING CRITERIA 1. The bidders must accept the terms and conditions stipulated in the NIT, failing which the
bid is likely to be rejected at the sole discretion of NFL. However, NFL may at its sole discretion, accept bids having deviation to NIT terms and Conditions by adopting the following loading Criteria.
i. Offers received without EMD EMD amount (absolute value) as required in NIT shall be loaded Unitwise on pro-rata basis on landed cost of total offer value.
ii Non-submission of Security Deposit (SD) The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder. For example, NIT calls for bank guarantee for 10%, then loading shall be done as under:-
Bank guarantee for SD Loading Criteria Less than 10%. (10% - Quoted Percentage) of Basic Price @ PLR of SBI +1%
on short fall in Bank Guarantee Value agreed by the Bidder for delivery period with additional one month period
iii. Liquidated Damages due to delay in Supplies:-
If deviation is noted in the quoted liquidated damages, the proportionate loading for shortfall shall be adopted. For example, NIT calls for 0.5% per week subject to maximum of 5% of the total order value, loading criteria shall be as under:-
Quoted Liquidated Damages Loading criteria a) 0.5% per week subject to a ceiling of 05% of total order
value (Ex-Works/CIF Value) No loading.
b) 0.5% per week subject to a ceiling of 2.5% of total order value.
2.5% loading.
c) Liquidated Damages accepted on undelivered value instead of total order value.
2.5% loading.
d) Non-acceptance of liquidated damages. 5% loading. In case any of the Vendor does not accept our standard LD
Clause or accept LD less than a ceiling limit of 5%, loading for balance amount shall be done on the quoted prices
iv. Payment Terms: “Deviation in Payment Terms: NFL will not make any advance/progressive payments. In exceptional cases, advance/progressive payments can be agreed subject to payment of interest @ SBI PLR + 1% and submission of acceptable unconditional Bank Guarantee (BG from any scheduled Bank excluding Rural/Cooperative Banks.) of equivalent amount (including interest amount) as per ‘NFL’ format. The BG shall have sufficient validity, i.e., quoted delivery period + three months. The deviation in differential payment terms with respect to NIT clause shall be loaded as under for interest @ prime lending rate (SBI PLR) + 1% for the period:
(b) Interest calculation on progressive payment. Interest on Progressive payment shall be calculated on FOB/Ex-works price for the following period: S. No. Payment Terms Period of loading.
1 Against Payment for dispatch of materials/through bank
Indian Bidders=Depending on Delivery conditions viz. Ex- works – one and half months FOR destination – one month
2 Against Payment within 30 days Nil
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Annexure-III BID SECURITY FORM
(EARNEST MONEY DEPOSIT) IN CONSIDERATION OF NATIONAL FERTILIZERS LIMITED (NFL), HAVING ITS REGISTERED OFFICE AT SCOPE COMPLEX, CORE-III, 7 INSTITUTIONAL AREA, LODHI ROAD, NEW DELHI-110 003(HEREINAFTER CALLED NFL WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT INCLUDES ITS SUCCESSORS AND ASSIGNS) HAVING AGREED TO EXEMPT ____________(HEREINAFTER CALLED THE, THE SAID TENDERER(S)’ WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT INCLUDES HIS SUCCESSORS AND ASSIGNS) FROM THE DEMAND UNDER THE TERMS AND CONDITIONS OF TENDER NO ________________FOR___________________HEREINAFTER CALLED “THE SAID TENDERER’ OF SUCH BID SECURITY DEPOSIT FOR THE DUE FULFILMENT BY THE SAID TENDERER(S) OF THE TERMS AND CONDITIONS CONTAINED IN THE SAID TENDER ____________FOR ____________ON PRODUCTION OF BANK GUARANTEE FOR RS.______________________(RUPEES ________________________ONLY).
1. WE___________________BANK HEREINAFTER REFERRED TO AS ‘THE BANK’ DO HEREBY UNDERTAKE TO PAY TO NFL AN AMOUNT NOT EXCEEDING RS.___________________(RUPEES____________________ONLY) AGAINST ANY LOSS OR DAMAGE CAUSED TO OR SUFFERED BY ‘NFL’ REASON OF ANY BREACH BY THE SAID TENDERER(S) OF ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE SAID TENDER (THE DECISION OF THE COMPANY AS TO ANY SUCH BREACH HAVING BEEN COMMITTED AND LOSS SUFFERED SHALL BE BINDING ON US.
2. WE _________________BANK DO HEREBY UNDERTAKE TO PAY THE AMOUNTS DUE AND
PAYABLE UNDER THIS GUARANTEE WITHOUT ANY DEMUR MERELY OR A DEMAND FROM ‘NFL' STATING THAT THE AMOUNT CLAIMED IS DUE BY WAY OF LOSS OR DAMAGE CAUSED TO OR WOULD CAUSE TO OR SUFFERED BY ‘NFL’ BY REASON OF ANY BREACH BY THE SAID TENDERER(S) OF ANY OF THE TERMS OR CONDITIONS CONTAINED IN THE SAID TENDER OR BY REASON OF THE SAID TENDERER’S FAILURE TO KEEP THE TENDER OPEN. ANY SUCH DEMAND MADE ON THE BANK SHALL BE CONCLUSIVE AS REGARDS THE AMOUNT DUE AND PAYABLE BY THE BANK UNDER THIS GUARANTEE. HOWEVER, OUR LIABILITY UNDER THIS GUARANTEE SHALL BE RESTRICTED TO AN AMOUNT NOT EXCEEDING ________________(RS_____________________________________ONLY).
3. WE ____________________BANK FURTHER AGREE THAT THE GUARANTEE HEREIN
CONTAINED SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE PERIOD THAT WOULD BE TAKEN FOR THE FINALISATION OF THE SAID TENDER AND THAT IT SHALL CONTINUE TO BE ENFORCEABLE TILL THE SAID TENDER IS FINALLY DECIDED AND ORDER PLACED ON THE SUCCESSFUL TENDERER AND/ OR TILL ALL THE DUES OF NFL UNDER/OR BY VIRTUE OF THE SAID TENDER HAVE BEEN FULLY PAID AND ITS CLAIMS SATISFIED OR DISCHARGED OR TILL A DULY AUTHORISED OFFICER OF NFL CERTIFIED THAT THE TERMS AND CONDITIONS OF THE SAID TENDER HAVE BEEN FULLY AND PROPERLY CARRIED OUT BY THE SAID TENDERER(S) AND ACCORDINGLY DISCHARGES THE GUARANTEE. UNLESS A DEMAND OR CLAIM UNDER THIS GUARANTEE IS MADE ON US IN WRITING ON OR BEFORE THE _____________TO INCLUDE 6 MONTHS CLAIM OVER AND ABOVE THE PERIOD MENTIONED IN THE PARAGRAPH FOR THE VALIDITY OF THE BANK GUARANTEE IN THE TENDER WE SHALL BE DISCHARGED FROM ALL LIABILITY UNDER THIS GUARANTEE THEREAFTER.
4. WE ______________________________BANK, LASTLY UNDERTAKE NOT TO REVOKE THIS
GUARANTEE DURING ITS CURRENCY EXCEPT WITH THE PREVIOUS CONSENT OF ‘NFL’ IN WRITING.
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DATED________________DAY OF______________________2015 CORPORATE SEAL OF BANK.
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Annexure-IV
BANK GUARANTEE FOR SECURITY DEPOSIT FORMAT (To be prepared on Stamp paper issued in the name of Bank)
This BANK GUARANTEE No. _____________________________ made this day of ____________________________between_________________________________________________ a bank incorporated and having its registered office at ______________________________ (hereinafter called BANK) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns on the one part and NATIONAL FERTILIZERS LIMITED, a Company registered in India under Companies Act, 1956 and having its registered office at Core-III, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi - 110 003, India to the context or contrary to the meaning thereof include its successors and assigns on the other part. WHEREAS in pursuance to the agreement No._______________dated___________(hereinafter called CONTRACT) entered into between National Fertilizers Limited (hereinafter called OWNER and __________________________________________ a Company incorporated in _______________________ (hereinafter called CONTRACTOR) which expression shall unless repugnant to the context or contrary to the meaning thereof include its successors and assigns, for supply of ________________________________________________________ __________________________ as envisaged in the Contract, Contractor has to submit a SECURITY DEPOSIT for Rs._________. CONTRACTOR accordingly agrees to furnish the Bank Guarantee for Security Deposit as hereinafter contained towards fulfilment of all of its obligations under the contract. NOW THIS DEED WITNESSES AS FOLLOWS : 1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to
OWNER that the BANK is holding the amount of Rs_______________________________at Owner's disposal and hereby promises and shall be bound to pay to OWNER, forthwith at Owner's written notice stating that the contractor has failed to fulfil its obligations under the contract for reasons for which contractor is liable and without any protest or demur and without recourse to contractor and without asking for any reasons as to whether the amount if lawfully asked for by Owner or not, the entire amount or the portion thereof as mentioned by Owner in the notice.
The decision of the Owner as to whether the terms and conditions of this BANK GUARANTEE
FOR SECURITY DEPOSIT have been observed or not shall be final and binding on the BANK. In any case, however the Bank's responsibility under this BANK GUARANTEE FOR SECURITY DEPOSIT is limited to Rs. __________________________________________________________________.
2. This BANK GUARANTEE FOR SECURITY DEPOSIT shall be valid for an initial period of
_______________________ months from the date of this Bank Guarantee No.___________________ dated ______________ given by the Bank to Owner become effective. Upon issuance of Commissioning / Erection / Completion certificate according to terms of contract on expiry of _________________ months after the issuance of the above mentioned certificate of commissioning / erection / completion certificate, the BANK GUARANTEE FOR SECURITY DEPOSIT shall become null and void.
3. This BANK GUARANTEE FOR SECURITY DEPOSIT shall be in addition to and shall not affect
or be affected by any other security now or hereafter held by Owner on account of money hereby intended to secure and Owner at its discretion and without any further consent from the Bank, and without affecting its rights against the Bank, may compound with, give time or
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other indulgence to or make any other arrangement with Contractor and nothing done or omitted to be done by Owner in pursuance of any authority or permission contained in this guarantee, shall effect discharge of the liability of the Bank.
4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Bank Guarantee for Security Deposit
will remain in force initially upto __________________ months from the effective date of Bank Guarantee No. ________________ dated ____________ given by the Bank to the Owner and subject to provisions of paragraph 2 above will stand automatically cancelled on the expiry of the said period. Unless demand or claim under this Bank Guarantee is made on Bank in writing within three months from the date of expiry of this Bank Guarantee, all the rights of Owner against the Bank shall be forfeited and Bank shall be relieved and discharged from all the liabilities hereunder.
5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the
Bank, addressed as aforesaid, and if sent by post, it shall be deemed to have been given at the time when it would be delivered in due course of post, and in proving such notice, when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and a certificate, signed by an officer of the owners, to the effect that the envelope was so posted, shall be conclusive.
6. The BANK GUARANTEE FOR SECURITY DEPOSIT is to be returned to the Bank after its expiry
in terms of Paragraph 4 above. 7. The Bank declares that it has the power to issue this guarantee and the undersigned have full
power to do so.
Dated _______________ this __________________ day of _____________.
(Indicate the name of the Bank with stamp)
