NATIONAL FERTILIZERS LIMITED, NANGAL UNIT, NAYA NANGAL Ref No. NG/PROD/SGP(152)/CL/2011-12 Date: `31.12.2010 Tender Notice No. NFN/Prod / SGP(152)/ (CL)/2011-12 Sub: Press advertisement for the Contract job in Steam Generation Plant for the year 2011-12 Sealed tenders are invited from experienced and financially sound contractors for the following works S. No . Work Description Estimated cost Rs. Cost of Tender Documents Availability of Tender Documents Last date for sale of tender documents Date of receipt of Tenders Date of Tender Opening 1 Contract of “Annual Cleaning of heating surfaces of Boilers, Ash bulkers filling, Removal/ Disposal of spillage/ coal reject and upkeep of SGP” for the Year 2011-12. 16.14 Lacs Rs.550/- Website or Sr. Mgr (Prod) SGP 01.02.2011 (Up to 3.00 PM) 02.02.2011 (Up to 3.00PM) 02.02.2011 (At 3.30 PM) For eligibility criteria, evaluation criteria and documents required to be submitted refer “Tender Documents” or visit our website www.nationalfertilizers.com (Jagdeep Shah Singh) CM (P) DGM (P)
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NATIONAL FERTILIZERS LIMITED, NANGAL UNIT, NAYA NANGAL
Sub: Tender For “Annual Cleaning of heating surfaces of Boilers, assistance during ash bulker
filling, Removal/ Disposal of spillage/ Coal Reject & Upkeep of SGP” job for the year 2011-12. Sealed Tenders in three-bid system are invited from experienced and financially sound Contractors as per following :
1 Estimated value of job `16.14 Lacs.
2 Amount of Earnest Money `19650.00
3 Tender Fees ` 550.00
4 Last Date of Receipt of Tender 02.02.2011 up to 3.00PM
5 Date of Opening of Techno-Commercial Bids 02.02.2011 at 3.30PM
6 Place of Receipt & Opening of Tenders Office of CM (Production)
The tender documents can be obtained from the office of Chief Manager (Prod.). NFL, Naya Nangal during
working hours against payment of ` 550/- (Rupees Five Hundred Fifty only) non-refundable towards the cost
of tender documents through postal order or bank draft in favor of National Fertilizers Limited, Nangal Unit,
payable at Naya Nangal/Nangal or cash receipt issued from the cash office of NFL, Nangal Unit. Tenders
documents can also be downloaded from our website, www.nationalfertilizers.com . However such tenderers
will deposit Tender fee along with earnest money.
Price bids of only such tenderers shall be opened who meet the eligibility criteria defined in the tender
documents. Bids received after the stipulated date and time shall be rejected. NFL shall not be responsible for
any postal delay. The quotation will remain valid up to 120 days from the date of opening of tenders. NFL
reserves the right to accept/reject any tender without assigning any reason thereof. Quotations submitted
should be unconditional & firm for the entire period of contract.
Thanking you;
Yours faithfully,
For and on behalf of
National Fertilizers Limited.
(J.S.Singh)
CHIEF MANAGER (P)
NATIONAL FERTILIZERS LIMITED NAYA NANGAL STEAM GENERATION PLANT (PRODN)
Sub: Tender For “Annual Cleaning of heating surfaces of Boilers assistance during ash bulker filling Removal/ Disposal of spillage/ Coal Reject & Upkeep of SGP” job for the year 2011-12.
Dear Sirs,
Tenders in sealed envelopes duly super scribed, along with Earnest Money are invited for the said job under two-bid system. Tender documents contain scope of work, special terms and conditions, job execution Schedules, penalty clauses and general directions.
PROCEDURE FOR SUBMITTING TENDERS
The tender should be submitted in one sealed envelope super scribing NIT No.& its date, containing three separate sealed Envelopes.
Envelope No. I should be super scribed Earnest Money. It should contain Demand Draft of `19650.00 (Rs nineteen thousand six hundred fifty only) favoring NFL payable at Naya Nangal, along with a letter showing details of EMD, Tender fee. Envelope No.2 should be super scribed Technical bid. This should contain Tender documents duly signed and stamped on each page and all other documents required for qualification and award of contract. Envelope No.3 should be super scribed price bid. It should contain quoted rate in figures and in words on the prescribed Performa only. No condition in the price bid shall be put by the contractor. If the contractor puts such condition(s) in the price bid, that shall not be taken cognizance of.
ELIGIBILITY CRITERIA
1. Bidders shall submit documents containing name and address of the firm/company, along with photocopy of
partnership deed in case of partnership firm.
2. Experience of having successfully completed similar works during the last 7 years ending last day of the
previous month in which NIT has been issued should be at least one of the following :-
Three similar completed works costing not less than the amount equal to 40% of the estimated cost i.e
` 6.45 Lacs or
Two similar completed works costing not less than the amount equal to 50% of the estimate i.e. ` 8.07
lacs. or
One similar completed work costing not less than the amount equal to 80% of the estimate i.e. `12.91
lacs.
Defining the nature of similar work.
Photo-copies of the relevant work orders executed showing satisfactory performance/proof of work along with
the duly filled “Annexure B” shall be enclosed for reference.
3. Average annual financial turnover during the last three financial years ending 31-03-2010 should be at least 30 %
of the estimated cost i.e. ` 4.84 lacs. Copies of profit & loss and balance sheet account for the year 2007-08,
2008-09 & 2009-10 should be submitted for verification of soundness of party.
4. Bank Solvency Certificate issued by any Nationalized/Scheduled Bank for current financial year and for an
amount not less than 20% of the estimated value shall be submitted i.e. ` 3.23 Lacs.
5. Photo-copies of following shall be submitted :
PAN Card and latest Income-Tax Return.
PF Registration Number.
service tax registration no./code
6. Bidder shall submit undertaking for submitting labor license after award of contract for the complete period of
contract.
7. Any relation of tenderer working in NFL or any ex-employees of NFL working with tenderer, the specified
Performa‟s thereof (Annexure – A) is attached with NIT shall be filled by the tenderer.
8. Whether any sister-concern of the bidder is participating in the present tender, if yes, the following details may
be given:-
a) Name and address of the concern
b) Name of the job
c) Place and name of the Unit whether job is being executed
9. Status of the Parties – If the party is registered as Micro / Small / Medium Enterprises as per MSMED Act, 2006, the same may be confirmed by the party and submit a photocopy of the registration certificate in support thereof.
EVALUATION CRITERIA
1. The technical bid of only such tenderer shall be opened who has deposited the EMD as prescribed in the tender
documents.
2. Technical bids will be evaluated as per the eligibility criteria. Price bids of only eligible tenderers will be opened
on a later date. The date and time for price bid opening shall be intimated later on.
3. The contract shall be awarded on overall L-1 basis. However, in case it is found that L-1 tenderer has quoted non
workable rates for one or more items due to which they become L-1, NFL reserves the right to reject such tender.
This condition shall be applicable on next, lowest tenderer(s) also.
4. If the tenderer does not quote rate for any item/items, it may be noted that evaluation of bid shall be based on the
highest rate quoted by other tenderers for that particular item. However, order shall be placed for same item
based on the lowest rate quoted by other tenderers.
Both Techno-Commercial and price bids will be opened in presence of tenderers who may like to be present.
Note:
The following annexures are part of the tender documents:-
1- Anenxure-I - Scope of work and other conditions.
2- Annexure-II - Undertaking
3- Annexure-III - Schedule of rates
4- Annexure-IV - General Directions and Conditions of the Contract.
5- Annexure-A - Relation of tenderer.
6- Annexure-B - Details of experience
7- Annexure-C - Service Tax
Yours faithfully,
For and on behalf of,
National Fertilizers Limited.
(J.S.SINGH)
CHIEF MANAGER (P)
Anenxure-I
ANNUAL CLEANING OF HEATING SURFACES OF BOILERS, ASSISTANCE DURING ASH BULKER
FILLING, REMOVAL/DISPOSAL OF SPILLAGE/COAL REJECTS & UPKEEP OF STEAM GENERATION
PLANT 2011-12.
1.0 TECHNICAL SCOPE OF WORK:
The technical scope of work includes but not limited to the following: -
a) All the jobs are to be carried out under the strict supervision of the contractor as per the guidelines issued from
time to time by Engineer in Charge.
b) The contractor or his supervisor shall always be available at plant site for proper execution of the job.
c) Contractor shall provide name and address with telephone/ Mobile No. (if available) of his site supervisor to the
plant authorities before the start up of the contract, for better communication etc. (Authority letter to be given
before start of the job)
1.1 REMOVAL AND DISPOSAL OF SPILLAGES:-
Removal and disposal of occasional spillage of
i) Coal reject removal from below the bowl mills round the clock to keep the area cleaned.
ii) Coal from R.C.Feeders & coal bunkers chutes etc.
iii) Wet and dry ash from below the E.P.hoppers, over flow pits, duct before E.P.hoppers, Clinker Grinder pits,
bottom ash hoppers etc.
iv) Collection, transportation and disposal of ash spillage while filling ash in bulkers or containers.
v) Disposal of spillage of ash due to draining/empting out ash from 6 number of old ash hoppers & 4 Nos.of
new ash hoppers of each boiler occasionally due to emergency in the Plant.
vi) Cleaning, Collection and disposal of spilled oil in oil storage tank area and pre-heating area, in drums
through trolley to oil reclamation pit in oil unloading area.
vii) Disposal of above spillages to a suitable place as directed by Engr.-in-charge of NFL.
viii) Cleaning of floors and equipments around the bulker filling station.
ix) Disposal of above spillages to a suitable place as directed by Engineer-In-Charge of NFL. The disposal of
spillages covered under clause No.1.1 (i, ii) shall be considered against number of trolleys lifted per day by
the contractor, each trolley should have a minimum capacity of 4.2 MT & payment shall be made against
number of trolleys lifted and disposed off by the contractor.
x) The disposal of ash spillage covered under clause 1.1 iii, iv and v shall be considered against
number of trolleys lifted per day by the contractor and each trolley should have a minimum capacity of 2.4
MT dry basis and 3.6 MT on wet ash basis and payment shall be made against the number of ash trolleys
lifted from any of these places and disposed off by the contractor. The rate of ash trolleys lifted and disposed
off from any of these places shall be the same.
1.2 OCCASIONAL AND INTERMITTENT CLEANING OF PLANT AREAS:
Cleaning of following area is to be done and payment of these activities under clause 1.2a, b, c,d, e, f & g,
shall be considered against one round .
1.2a) Boiler House and Auxiliaries:
This includes cleaning of all the four boilers (from top level to bottom level), Bowl mills, Mill Body, ID and FD
fans, buck stay, piping compressor house and the ground floor. Expected area to be cleaned is about 5000M 2
(One person per day required).
1.2b) De-ashing Section:
De ashing section includes E.S.Ps (top to bottom level) fly ash lines, EP hoppers, Ash slurry over flow pits,
hydro vector levels/floors, drains area around ID fan, Chimney, slurry pumps etc. Expected area to be
cleaned is approx.5400 M2
(One person per day required).
1.2c) Fuel Oil and Methanol Storage Area
Cleaning of oil spillages from areas inside and outside of retention walls, pump house reclamation pits etc.
and to provide assistance in Methanol filling of Road Tankers. Expected area to be cleaned is approx.1000M 2
(One person for half day required).
1.2d) Fuel Oil Day Tank and Oil Pre-Heating Section
Cleaning of fuel oil and LDO spillage from Day Tank and Pre-Heating area and cleaning of pumps,
machinery, foundation, base plates, oil trays and bearing caps of 4th boiler. Expected area to be cleaned is
approx. 800 M 2. (One person for half day required).
1.2 e) Cleaning around Steam Generation Plant areas:
Cleaning/ cutting of grass and bushes etc. around Steam Generation Plant and office building (including
FO/Methanol storage inside dyke wall and surrounding barbed wire, car /scooter sheds, West side of plants,
main road side of plant office, and to maintain park south side of plant offices, below ET-5 near elect.
Substation etc. (One person per day required).
1.2f) While filling ash bulkers/ containers, contractor has to provide assistance for ash bulker/containers filling, ash
bulkers/containers cleaning/washing at two streams and spilled ash from adjoining area to be collected and
disposed off in trolleys to keep area clean. Cleaning of adjoining area affected by spilled ash. Bulker
filling/washing job is of intermittent nature. (One persons per shift required, total three per day )
1.2 g) The contractor shall ensure that spillages of mill reject below bowl mills and the coal reject from the spout of
the coal mill should be removed round the clock to avoid packing of coal mill simultaneously forced
shutdown of the mill . (One person per shift required, total three persons per day )
1.3 (i) Deployment of ten labours for cleaning the above areas against item no: 1.2a,b,c,d,e,f & g shall form the basis
for one cleaning round, which are to be supplied by contractor on daily basis (24 hrs.).
(ii) Payment of all the above activities shall be based on the number of rounds. Each round of cleaning is
equivalent to deployment of ten labours. If, it is less than ten, Proportionate payment will be made at the
quoted/agreed rates.
1.4 Exigency /miscellaneous jobs such as heavy spillage of ash due to sudden leakage of ash slurry pumps
discharge flanges, ID fan casing/discharge duct, boiler skin casing and ash separators drain valve
passing, cleaning of clinker grinder pits, and before ESP ducts, at odd hrs and any other job which has
not been specified above or can cause emergency, for this, extra man days (250) required during the
period of the contract. Whenever sudden spillage takes place due to heavy leakages, the contractor shall
arrange adequate manpower for cleaning within eight hrs. of intimation, so that maintenance job at the leaky
equipment should not held up. Contractor may have to arrange more persons at odd hrs. as per exigency of
work and as per the directions of Engineer- In-charge.
1.5 CLEANING OF HEATING SURFACES OF INDUSTRIAL BOILERS It includes complete or in parts cleaning of heating surfaces of the boiler to bare metal surfaces inside the flue
gas path. Also external cleaning of cable trays, buck stays, air duct, oil pipelines, along with outside cleaning
of boilers at various floors of single boiler. External/Internal cleaning of such parts machinery connected with
boiler of accumulated fly ash, coal dust and oil deposits etc.
1.5(a) OIL FIRED BOILER
The following heating surfaces of Oil Fired Boiler are also to be cleaned: -
BOILER SURFACE HEATING SURFACES AREA i. Boiler furnace water walls combustion chamber = 1020 Sq.M
ii. Platen Super Heater Tubes = 228 Sq.M.
Iii Final Super Heater Tubes = 421 Sq.M.
Iv Import Steam Super Heater Tubes = 1051 Sq.M.
v.Economizer tubes ( M.S.& Gilled) = 561 Sq.M.
vi Flue Gas Duct before Air Heater & After Air Heater
vii Cleaning of connected oil lines, buck stays, cable trays & Machinery under oil fired
boiler.
1.5(b) COAL FIRED BOILERS:
The scope of work shall broadly cover the cleaning of the parts/areas of the Boiler or area
as required by plant authority during any type of emergency.
BOILER SURFACES HEATING SURFACE AREA
i. Water Walls Heating Surfaces Area. =685 Sq.M.
ii. Boiler Bank Tubes =795 Sq.M.
iii. Platen Super Heater Tubes =420 Sq.M.
iv Final Super Heater Tubes =770 Sq.M.
v. Import Steam Super Heater =1010 Sq.M.
vi Economizer Tubes =440 Sq.M.
vii Air Heater Tubes =6385 Sq.M.
viii Cleaning of EP ash Hoppers Internal/External
ix Cleaning of Goose Neck and Pent House.
x Furnace Bottom Ash Hopper.
xi Cleaning of cable trays, connected oil piping rings, down comers, air ducts, Internals of ID & FD fans,
Bowl mills, external and internal coal bunkers, Internal de- scaling etc. and of loose accumulated coal &
ash dust at various Boiler floor levels.
1.5. c) Furnace cleaning shall be started from Boiler bank tube zone, super heaters including platen super heater to
the bottom of the furnace along the furnace water walls inside the furnace. (1.5bi, ii, iii, iv, v, vi & vii)
1.6 Dry-cleaning or water washing of ESP hoppers whenever required by the plant for individual hopper. Each
boiler has 10 no. of ash hoppers. Payment shall be made on the basis of no. of hoppers cleaned instead of per
boiler.(1.5b viii )
1.7 Removal and disposal of dry or wet ash from Goose neck and Penthouse as and when required by plant.( 1.5b
ix )
1.8 Complete dry ash removal and disposal from ESP hoppers due to dumping, in case of plant emergency.
1.9 Leakage spillage of ash from ESP hoppers while sampling, leakage of manhole covers/spillage due to any
maintenance job, to be disposed off in trolleys regularly. (1.2f, 1.4, 1.6)
2.0 SPECIAL TERMS AND CONDITIONS: 2.1a) Tractor trolleys for shifting coal reject & spilled ash shall ply in General shift (from 8 AM to 5 PM) daily and
if required by the plant due to any emergency shifting of coal reject/ spilled ash shall continue even after 5
PM also. Contractor shall further ensure shifting of coal reject and spilled ash does not suffer at any time for
want of labour and tractor trolley.
2.1b) The trolleys engaged by the contractor shall have complete enclosures on all the four sides with proper doors
and no side shall be left open for the purpose of filling the trolley which shall be considered as full after the
material is leveled to the top edge of the trolley.
2.1c) The trolleys plying inside the factory shall have comprehensive insurance policy, proper registration passes,
driver shall have a valid driving license. NFL shall not be liable to damages, if any, to the vehicle. The owner
of trolley/contractor shall be responsible for any accident inside the factory premises and shall have to deal
with the case individually.
2.2a) The contractor shall provide adequate staff for removal of choking from ash hoppers at such times as the
occasion demands and to deal with all such spillages of unforeseen nature to keep all the equipment clean.
2.2b) The contractor shall ensure that no spilled ash below ash separators gets accumulated at any time and shall
immediately be dealt with or removal of such accumulation which may otherwise cause hindrance to plant
operation and maintenance.
2.2c) The spilled ash shall be collected and disposed off at different places within five kilometers distance or as
directed by the Engineer-In-Charge of NFL.
2.3a) Cleaning means overall cleaning of the plant as detailed in „Schedule of Work‟. The job is purely of
intermittent and occasional nature. Though the frequency of rounds supposed to be taken up by the contractor
are mentioned in „Schedule of Work‟ but is not limited to it only and the contractor may have to deploy
sufficient manpower as per the cleaning requirements in the Plant even it is after 5.00 P.M.
2.3b) Cleaning of area shall be done with brooms, dusters, cotton waste, waste cloth and brushes.
2.3c) Frequency of rounds can be changed at the discretion of Engineer-In- Charge and contractor must deploy
sufficient labour in each area so that cleaning should not suffer. The payment shall be made on the basis of
rates per round for cleaning of area and actual rounds of cleaning carried out. The quantum of job is not fixed
and can increase or decrease by 20%.
2.3d) Contractor shall have to complete the job between 8.00 A.M. to 5.00 P.M. as and when required, during all
the working days including Sunday(s) and holiday (s).Engineer-in- Charge on inspection may ask the
contractor to complete the unattended job on the same day after 5.00 P.M. or the next day.
2.3e) If required, the contractor shall have to provide manpower after 5.00 P.M. also for the removal of spillage for
which NFL shall make no extra payment to the contractor.
2.3f) In case fuel oil shifting pump of reclamation fuel oil pit is out of order, reclaimed fuel oil from the pit shall
be shifted through trolleys to fuel oil Unloading Section in drums and empty drums shall be brought back to
Fuel Oil Storage/Fuel Oil Pre-Heating Section.
2.3g) Cleaning of plant area shall be carried out once in a week with water. The following areas are to be cleaned
with water includes but not limited to:-
i) Boiler basement floor.
ii) EP ash hopper floor
iii) Ash slurry sump/tank area.
iv) Conveyor galleries
2.3h) Water shall be taken from any nearby fire hydrants or any other suitable point for which 1% water charges
will be deducted from the bills for the items mentioned in clause 1.2 of „Technical Scope of Work‟.
2.3 i) The contractor shall ensure that no spillage or accumulation at any time of wet or dry coal dust or fly ash in
the form of layers around drive end pulleys of ID, FD & coal mills.
2.4d) i-While cleaning of horizontal super heater & economizer, air heater tubes shall be Suitably covered with
Tarpaulins, asbestos cloth to collect the dislodged loose ash and to avoid plugging of tubular Air Heater
tubes.
ii-Cleaning of horizontal super heaters, economizer and air heater tubes shall be done for any number of
time during the contract period as required by the plant and the extra payment shall be made to the
contractor for number of times cleaning has been done.
2.4e) Loose material collected on account of cleaning shall be disposed off on the same day to avoid plugging of
flue gas paths.
2.4f) Cleaning of Air Heater tubes shall be done in such a way that no trace of any wet or dry ash is left in any of
the tubes and all the tubes of the primary and secondary Air heater shall be cleared of any plugging. Cleaning
may have to be done with URACA hydro jet pump or with fire water nozzle or manually with long brush
provided by NFL..
2.4g) Chocking of Air heater tubes can be removed by using any special tools i.e. long metallic wire brushes
manually without causing damage to the tubes.
2.4h) All collecting electrodes of ESP‟s shall be cleaned first by wire brushes followed by cleaning Coir rope and
air lancing.
2.4i) Cleaning inside the E.P. chambers shall be done strictly under the direction of Electrical
Engineer/Supervisor of NFL.
2.4j) All rapping Mechanism including insulators shall be cleaned carefully without causing any damage to the
electrical parts as per the directions of the site engineer-in-charge Electrical.
2.4k) (i) All emitting electrodes of ESP‟s shall be cleaned with soft cloth as per direction of NFL electrical
Engineer/Supervisor.
(ii) All cable trays shall be cleaned with air blower / soft jute brush as per the direction of NFL Electrical
Engineer/ Supervisor.
2.4 l) No water lancing is permitted inside the E.P. Hoppers without the prior consent of NFL Engineer- In-Charge.
2.4m) All outside cleaning of Pent House, Goose Neck, cable trays, Buck stays, connecting oil pipes down comer Air
Ducts should be done by using soft brushes (Not Wire Brushes), Gunny Bags, Kerosene Oil may be used to
remove oil burner areas and oil ring header.
2.4n) The area around the boiler should be kept thoroughly clean in all respects, after cleaning of all accumulated
Ash debris etc.
2.4o) Cleaning of Heating Surface shall be so done that no deposits of Ash (hard or soft) or oil are left and the
tubes become absolutely clean to its bare metal without any evidence of causing damage to the metal tubes
externally due to cleaning operation.
2.4p) Cleaning of heating surface and pressure parts shall be done to the entire satisfaction of Engineer-In-Charge.
2.4q) All debris of loose ash, slag etc. dislodged from heating surfaces shall be removed and disposed off and
transported to a place up to a distance of 5 Kms. as per direction of Engineer-In-Charge.
2.4 r) Cleaning of Heating Surfaces shall not be done by using any chemicals, acids or water lances. Cleaning
procedure shall be first discussed with Engineer-In-Charge before proceeding with the actual cleaning.
2.4s) During cleaning no damage should be done to the refractory of pressure parts of the boiler hammering or
striking with sharp tools.
2.4t) NFL reserves the right to ask the contractor to repeat the cleaning operation for any such means which shall be
pointed out by the Engineer-In-Charge of NFL .
2.4v) NFL is at liberty to use the scaffolding so raised for the use by any personnel for inspection of tubes, N.D.T.
testing etc. if so desired or for any other repair work.
2.4w) Cutting of grass/ bushes around Steam Generation Plant and office building with proper tools against round
system (i.e. three times in a week).
2.5 The payments to the contractor shall be made as per the quantity actually dealt with as per terms and
conditions of NIT. NFL also reserves the right to complete or not to complete the actual number of
rounds/operations as per NIT.
2.6 It is anticipated that 300 to 400 MT of ash will be loaded in bulkers daily. However this quantity may vary
as per demand of the ash consuming agencies. Further loading of ash bulkers and consequently disposal of
ash spillage may all together be stopped at sole discretion of NFL at any time.
2.7 a)- NFL at its discretion may alter the mode of disposal of spilled ash without any reason.
b)-I t is obligatory on the part of the contractor to abide by the terms and references as contained in the
safety code. Violation of which tantamount to disqualification of the contractor for any type of work in
NFL, as well as the security deposits will also be forfeited.`
2.8 Tenderer shall not quote multiple rate against single item work. If quoted by the party, it shall be rejected
forthwith.
2.9 Whenever any condition mentioned in the GDCC contradicts any clauses/ conditions as contained elsewhere in
the tender document, the conditions/specifications as mentioned in the NIT (Tender document) shall
supersede those relevant conditions.
3.0 COMMERICIAL TERMS & CONDITIONS:-
3.1 Each tenderer shall have to provide his recent PAN No. along with complete postal address, for
communication etc.
3.2 Any relation of tenderer working in NFL or any ex-employees of NFL working with tenderer, the specified
Performa‟s thereof is attached with NIT shall be filled by the tenderer.
3.3 The contractor shall submit his monthly bill within one week of the completion of job to the Executive
Department for verification and recommendation. In case, the contractor fails to submit the bill by the last
day of the following month, a penalty of 1% of the billed amount or for every month of delay or part thereof
subject to maximum of Rs. 1000/-shall be recovered from the bill.
3.4 a) Attention of the contractor is particularly invited to the clauses inter alia regarding arbitration, jurisdiction,
Insurance, Payment Terms, Medical Treatment of contract labourers, Safety of persons and security gate
passes, as detailed in the General Terms and Conditions enclosed herewith.
b) INSURANCE POLICY:
All persons (minimum 20 persons) engaged by contractor must be covered under insurance policy whether
their entry inside the factory is through regular gate passes or AVI for the complete period of contract &
extended period if anyi.e. from 6.00AM of the start of the day of the contract to 6.00 AM of the next day of
the completion of the contract. All other conditions of GDCC clause No. 3.9 (C) covered under the heading
“Insurance” shall be binding on the contractor
c.1 EMPLOYEES PROVIDENT FUND SCHEME:
All persons (Approx. 20 persons) engaged by contractor must be covered under EPF scheme. PF is to be
deposited for all the persons who are employed by the contractor and enter the factory premises through gate
passes or AVI for the complete period of contract & extended period if any. All other conditions of GDCC
clause No. 3.90 (iii) covered under the heading “Employees Provident Fund and Miscellaneous provision act
1952 ” shall be binding on the contractor.
c.2 Deposition of PF Contribution
i. The contractor shall deposit the PF contribution in respect of contract Labour employed by him with the
concerned PF Authorities, within the stipulated time and submits a statement duly signed by him
showing the names of the Contract Labour, amount of PF deposited on their behalf, challan No. etc. on
monthly basis.
ii. The contractor shall issue PF statements to its labour at the end of the financial year after obtaining the
same from PF Office where the contribution is being deposited and shall submit a certificate to this
effect to NFL.
iii. The contractor shall ensure that immediately on completion of the job, the labour employed by him
submits the duly filled in Form-13, for transfer of PF/Pension contribution from the existing account to
the new account.
iv. Distribution of annual PF statements and filling up of Form 13 at the time of completion of contract,
final dues shall be released to contractor subject to completion of other formalities.
3.5 Contract shall be governed by „General Directions and Conditions‟ of the Contract.
3.6 NFL reserves the right to get the incomplete job done through any other source/ contractor at contractor‟s risk
and cost.
3.7 NFL Nangal unit is having its Cash Credit account with State Bank of India, Naya Nangal, who is having
Electronic Fund Transfer Facility (EFT) in its branch at Naya Nangal and some other important branches.
The contractors/suppliers, who are maintaining their bank accounts with SBI having EFT facility, may submit
their bank particulars, i.e. Bank Account Number, Name of Place of Branch, Branch Code Number, so that,
their payment could be released through transfer of funds to their accounts.
3.8 Security Deposit:-
Initial security deposit @ 2.5% of the total contract value will have to be deposited by contractor, however
amount deposited as earnest money will be adjusted against initial security deposit and balance amount may
be deposited within 15 days of issue of LOI, otherwise it shall be deducted from first running bill. Further
7.5% of each bill for the value of work done from time to time shall be retained by NFL as security for
faithful performance of the contract and will be refunded only after three months of the satisfactory
completion of the contract without any interest thereon. In case of failure to execute the contract or deviate
from any term and condition of contract, the security deposit shall be forfeited by NFL besides getting the
remaining job done from the third party at the risk and cost of the contractor.
3.9 Deduction of Income tax/ work tax shall be made from the running bill/s of the contractor as per prevailing /
revised rates from time to time under Income Tax.
3.10 Extension of Contract: - The contract can be extended by three months at the same terms and conditions at
the sole discretion of NFL
3.11 Contractor will have to execute an agreement with NFL on a non-judicial stamp paper of Rs.15/- (Rs. fifteen
only) to be purchased by the contractor, within ten days of receipt of Work Order in the prescribed form by
NFL for the purpose.
3.12 ARBITRATION CLAUSE:
3.12a “Except where otherwise provided in the contract all matters, questions, disputes or
differences whatsoever, which shall at any time arise between the parties hereto, touching the construction,
meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or
the respective rights or liabilities of the parties, whether during or after completion of works or whether before
or after termination shall after written notice by either party to the contract be referred to the arbitration of
Designated Unit Head General Manager I/C National Fertilizers Limited or his/her nominee (Appropriate
designated authority may be inserted as per contract value).
The Arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules
made there under shall govern the Arbitration proceedings.
The contractor hereby agrees that he shall have no objection if the arbitrator so appointed is an employee of
NFL and he had to deal with the matter to which the contract relates and that in the course of his duties as such
he has expressed his views on all or any of the matter in dispute or differences.
If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever then the next
arbitrator so appointed by the authority referred above may start the proceedings from where his predecessor
left or at any such stage he may deem fit.”
3.12b “it is agreed by and between the parties that in case a reference is made to the Arbitrator or the Arbitral
Tribunal for the purpose of resolving the disputes/differences arising out of the contract by and between the
parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more
than the rate SBI PLR/Base Rate as applicable to NFL on the date of award of contract.
3.13 SERVICE TAX CLAUSE - WORKS CONTRACTS.
A. Payment of Taxes & duties.
The tenderer shall quote their rates inclusive of all taxes & duties excluding service tax. No request for
increase/decrease or inclusion of any taxes shall be entertained afterwards.
NFL shall not provide „C‟ Form for availing concessional rate of CST towards import of goods/material
by the contractor in the State of Punjab from the other States.
B. Service Tax.
The tenderer shall separately indicate the portion (amount) of taxable services on which service tax shall
be payable by NFL, in the price bid. The tenderer shall also indicate the service tax rate and the amount
of service tax in the price bid. As regards portion (amount) of exempted services representing value of
goods etc., the necessary documentary evidence should be available with the tenderer.
In case of tenders called under dual bid system, the tenderer shall confirm that all the columns in the price
bid relating to item wise rates and service tax along with totals have been filled up. This confirmation
may be provided in prescribed proforma (Refer Annexure-) and submitted along with technical bid in
envelop-II
Payment on account of service tax shall be made based on invoice / bill raised by the tenderer separately
indicating the amount of service tax, restricted to the quoted proportion / rate of service tax. The tenderer
must provided copy of service tax registration No. which should also be mentioned in invoices / receipt
along with Service Tax Code and Accounting Code.
Any subsequent change in the rate of service tax shall be to NFL‟s account during contractual period
only.
As per Service Tax Law, the liability towards payment of service tax lies with the service provider, so
NFL is not responsible for non-compliance of the Service tax Law by the tenderer.
C. Evaluation of bids.
The amount of service tax as indicated in the price bid, shall be considered for evaluation of bids for
arriving at L-I status.
If nothing is mentioned in the columns relating to service tax, it shall be construed that the quoted rates
are inclusive of service tax and tenderer is not claiming anything extra on this account from NFL.
If in the service tax columns, tenderer fills up the remarks such as, as applicable/service tax extra etc. then
it shall be construed that service tax at prevailing rates is applicable on all the items i.e. on total quoted
value of the contract, which shall be loaded for evaluation purposes for arriving at the status of L-I.
3.14 Termination of contract – In case performance of the contractor during currency of the contract is not
found satisfactory and there is breach of any of the terms and condition of the contract as per GDCC clause
no. 3.33. NFL shall have the right to terminate the contract with the forfeiture of security deposit or getting
the job done at his risk and cost at the sole desecration of NFL.
3.15. Defect Liability Period – The contractor shall be responsible to make good and remedy, most expeditiously
at his own expanse, any defect, which may develop or may be noticed before the expiry of the defect liability
period, which shall be of three months from the date of completion of the work order. The above stated
defect liability period for rectified portion of work shall also commence from the date of completion of
rectified work.
3.16. Status of the Parties – If the party is registered as Micro / Small / Medium Enterprises as per MSMED Act,
2006, the same may be confirmed by the party and submit a photocopy of the registration certificate in
support thereof.
3.17. The rates quoted by the tenderer shall remain firm during the currency of the contract including extended
period also, except increase/ decrease in the minimum wages of the labour by Punjab Govt. The escalation on
account of increase in the minimum wages shall be compensated to the contractor as per the formula indicated
below:
Billed Amount x 65/100 (Escalated minimum wages-Present minimum Wages)
Present Minimum Wages
The Punjab Govt. notifies minimum wages of labour from time to time. The above formula for escalation will
be used for the minimum wages prevailing at the time of opening of tender. “Escalation/ De-escalation shall
be calculated on the minimum wages declared in the notification issued by Punjab Govt. as applicable on the
date of opening of tender. Even if the notification is issued at a later date, it shall be considered from
retrospective effect and the same shall be the basis of calculations.” However if change in minimum wages is
notified after the validity/ currency of contract, the same shall not be considered for escalation/ de-escalation.
4.0 TOOLS TACKLES AND OTHER ITEMS 4.01 The contractor shall arrange his own tools and tackles, cotton waste, waste cloth, broom, brushes etc. for
scrubbing, cleaning and removal of spillage, safety helmets, dust mask and hand gloves for his labours, as the
occasion demands round the clock, to complete the job in shortest possible time and no relaxation in this
respect will be allowed.
4.02 The contractor shall arrange his own trucks/Tractor trolleys along with comprehensive insurance policy and
valid license holder drivers for shifting/transporting coal rejects/ash (wet or dry), disposal of spillage of coal
and oil sludge‟s etc.
4.03 Following items shall be provided by NFL free of cost:
i) Air compressor or air tapping points/ vacuum cleaning points with hose fittings.
ii) One steam tapping point shall be made available to the contractor and such tapping shall be arranged in
the vicinity of the boiler. However, companion flanges and attachments for using the steam tapping
point shall be made by the contractor. Steam for such purpose shall be supplied at any desired pressure
ranging from 3.5 kg/cm2 to 6.0 kg/cm
2 for steam lancing/ scouring etc. The flexible steam hoses shall
be arranged by the Contractor.
iii) “High pressure pump/URACA PUMP” for cleaning of “Air Heater Tubes”.
iv) Lights shall be arranged by NFL in all such areas where such necessity is felt for completion of
cleaning operations.
v) One supply point for welding set shall also be made available to the Contractor if desired.
vi) NFL shall also allot some area to the contractor for making temporary stores for keeping this tools,
tackles and consumables etc.
vii) The contractor shall provide any other item not mentioned above but required for the execution of the
job.
5.0 PENALTIES:- 5.1 If on inspection, it is found that any tube of Air Heater is left plugged or unclean by the contractor, penalty
@ Rs. 10/- per tube shall be imposed and in case 250 tubes are found chocked then a straight penalty of Rs.
3,000/- shall levied on every slab of 250 tubes.
5.2 A penalty @ Rs. 1000/- per day shall be imposed on the contractor if he fails to collect or remove mill
reject/ash , cleaning of areas to the satisfaction of Engineer-in-Charge .
5.3 In case on inspection by NFL Engr. I/C , it is observed that the contractor is unable to do de-scaling/remove
the spillage/ clean any area and has failed to deploy labour beyond 5.00 PM. For the said job, a penalty of Rs.
200/- day/round shall be imposed
5.4 Penalty of Rs. 500/- per day shall be imposed if loading of ash bulkers and disposal of ash is not completed
within the day itself as fixed by Engineer-in- Charge due to the reasons attributable to the contractor and his
staff.
5.5 In case of emergency/exigency as per clause No. 1.4 ,if contractor fails to supply the desired manpower within
eight hrs. of intimation, then penalty of Rs.500/- per incidence, shall be imposed on the contractor.
Annexure-III
Schedule of Quantity/Rates
NIT No.____________________________
Dated : ___________________ Job Pertaining to “Annual cleaning of heating surfaces of boilers, assistance during ash bulker filling, removal/disposal of spillage/coal rejects &
upkeep of steam generation plant 2011-12”.
Sr.
No.
Clause
No.
Description of item Unit Approx.
Quantities
Quoted rates (Rs.)
Rate Value
Rs. In words Rs. In words
1 1.1(i),ii),
1.1(ix)
(i) Removal & disposal of occasional spillage of coal
reject, coal ash(Wet & Dry)
in trolleys = 4206
Rs. /
Trolleys
5632
1.1(iii),1.
1(iv),
1.1(v),1.
1(x)
& 1.5(b)
(ii) Removal/disposal of Ash in trolley from different
area of plant accumulated/ spilled as per clause no.
1.2f, 1.4 & 1.6 in trolleys = 336
1.8 (iii) Removal/ Disposal of ash due to dumping of ESP
Hoppers, in case of emergency In trolleys = 200.
1.2. INTERMEDIATE OUTSIDE CLEANING OF AREAS:
2 1.2a Boiler House & Auxiliaries (Including I D Fan area)
Rs./
Round
One
round =
10
labours
365
3 1.2b Deashing Section
4 1.2c Foil Methanol Storage
5 1.2d F.O.Day Tank & Pre-Heating Area.
6 1.2e Cutting of grass & Bushes around Steam Generation
1.5b (viii) Cleaning/ washing of ESP hoppers. Rs./
Hopper)
30
1
2
1.5b(ix) Cleaning/ Removal of ash from goose neck & pent
house
Rs./Boil
er
2
SUB TOTAL
a.
The amount on which service tax shall be charged/ claimed by the party from
NFL (……..%age of quoted amount)
b.
The amount of service tax at prevailing rates i.e. 10.30%
Grand Total including Service Tax
Seal & Signature of tenderer
Note: - 1. The amount in the columns relating to Service Tax must be filled in if tenderer is not charging Service Tax over and above item rates „NIL‟
should be indicated.
Annexure - A
Relation Clause Performa to be filled by the tenderer
1. Any Ex- employee(s) of NFL, is/are employed with the tenderer, if so the Name, Designation, Department & E.No of such employee (S) be indicated.
For any Ex-employee of NFL employed with tenderer.
Name of Employee(s) of NFL
Designation
Department
E.No
2. Whether any relation (S) of tenderer is/are working in NFL, if so, the Name, Designation, Department & E.No of such employee (S) be indicated.
For any relation(s) of tenderer with employee(s) of NFL
Sign of the
Contractor
_________
_________
_________
_____
Name of the Contractor_______________________________
Name of Employee(s) of NFL
Designation
Department
E.No
Annexure - C
To be submitted in envelop number-II
Declaration form pertaining to service tax
NIT No.________________, Dated: _______________
Job Pertaining to – “Annual cleaning of heating surfaces of boilers, assistance during ash bulker filling, removal/disposal of spillage/coal rejects & upkeep of steam generation plant 2011-12”.
S
N
o
.
Description Qty. Unit Rates (In Rs.) Total value (In
Rs.)
In
Figures
In
Words
In
Figures
In
Words
1 (i) Removal & disposal of occasional spillage of
coal reject, coal ash(Wet & Dry) in trolleys = 4206
5632
Rs. /
Trolleys
XX XX XX XX
(ii) Removal/disposal of Ash in trolley from different
area of plant accumulated/ spilled as per clause no.
1.2f, 1.4 & 1.6 in trolleys = 336
XX XX XX XX
(iii) Removal/ Disposal of ash due to dumping of ash
from ESP Hoppers in case of emergency in trolleys
= 200
XX XX XX XX
1.2. INTERMEDIATE OUTSIDE CLEANING OF AREAS:
2 Boiler House & Auxiliaries (Including I D Fan area)
365
Round
Rs./round
XX XX XX XX 3 Deashing Section
4 F.Oil Methanol Storage
5 F.O.Day Tank & Pre-Heating Area. 6 Cutting of grass & Bushes around Steam
Generation Plant and office building.
7 Ash bulker filling area, providing assistance in filling ash bulkers, cleaning and disposal of collected ash Bowl mill coal reject & adjoining areas.
8 Exigency/Misc.jobs such as heavy spillage of ash as per clause 1.4 .
250 Rs. Per manday
XX XX XX XX
1.3ADDITIONAL CLEANING ITEMWISE DURING THE CONTRACT PERIOD 9 Cleaning of Oil Fired Boiler ( 1 No. Unit) 2.0 Rs. / Unit XX XX XX XX 10 2nd path cleaning / washing ( Including Bank
tubes,ISSH, Economizers, Air Heater Tubes etc. 2 Rs./Boiler XX XX XX XX
11 Cleaning/ washing of ESP hoppers.
30 Rs./ Hopper)
XX XX XX XX
12 Cleaning/ Removal of ash from pent house from goose neck & pent house.
2 Rs./Boiler XX XX XX XX
Sub Total XX XX XX XX * a) The amount on which Service Tax shall be charged / claimed
(XX %age of quoted amount) *b) The amount of Service Tax at prevailing rates i.e. 10.30%.
Rs.___XX Rs._XX
Grand Total including Service Tax XX
Notes: -
1. It is confirmed that all the columns marked XX as above, have been duly filled in the price bid submitted in envelop-
III. (If tenderer is not charging Service Tax over and above item rates „NIL‟ should be indicated.)
2. I/We agree to the evaluation of price bids and loading of service tax under the terms of NIT.
Seal & Signature of tenderer
ANNEXURE-II
UNDERTAKING
(To be given by the tenderer at the time of submission of tenders)
I undertake that
1.
2.
3.
4.
5.
6.
The tender documents have been read and understood with all clarifications pertaining to various clauses
provided therein. Conditions laid down are fully acceptable to me/us and are binding on me/us and there is no
condition/ deviation in our quotation.
It is further confirmed that single rate has been quoted against these items and I/we will furnish break-up of rates
quoted, if required. I also understand that multiple rates would not be acceptable to NFL and the rates will remain
firm for the entire period of the contract.
Any relation of tenderer working in NFL or any ex-employees of NFL working with tenderer, has been specified
in Annexure A attached.
I will submit the labour licence after the award of the contract.
None of the sister concern is participating in the present tender.
OR
The following sister concern is participating in the present tender :
Name and Address of the concern : ________________________________
Name of Job : _________________________________
The quotation will remain valid upto 120 days from the date of opening of tenders.
7.
PF No. of the contractor to be intimated along
with the proof thereof
PF No.________________________
8.
PAN of the contractor to be intimated along
with the proof thereof
PAN No._______________________
9. Service Tax Registration No. of the contractor
to be intimated along with the proof thereof
Service Registration Tax No. ____________________
10. Status of the Parties – If the party is registered as Micro / Small / Medium Enterprises as per MSMED
Act, 2006, the same may be confirmed by the party and submit a photocopy of the registration
certificate in support thereof.
SIGNATURE OF THE CONTRACTOR
WITH DATE & SEAL
Annexure B
DETAIL OF EXPERIENCE
Tenderer shall give information of similar works done during the past seven years strictly as per Performa
given below
Sr.
No.
Full particulars of
similar work carried
out by Tenderer
Value of
Contract
Contracted
Completion
time
Actual
complet
ion time
Year of
completio
n
Name & Postal
Address of Client
Certified that the above information is correct.
(SIGNATURE OF TENDERER)
Name ____________________
Date _____________________
Annexure-IV
GENERAL DIRECTIONS & CONDITIONS OF CONTRACT
NFL/NGL/PROD/GDCC/
1.0 GENERAL DEFINITIONS: 1.1 NFL shall mean National Fertilizers Limited, having their Registered Office at Scope Complex, Core III, 7,
Institutional Area, Lodhi road, New Delhi – 110003 and its Corporate Office at Scope A-II, Sector – 24, Noida (UP), (herein after called the ‘Company’) which expression where the context so admits shall include their legal representative, successors and assignees or legal representatives.
1.2 UNIT HEAD shall mean the officer in administrative charge of the National Fertilizers Limited, Nangal Unit, Naya Nangal (Punjab).
1.3 ENGINEER shall mean Engineer-incharge of works and shall include Senior Manager /Manager/ Dy. Manager / Asstt. Manager and officers of the Engineering Department of National Fertilizers Limited.
1.4 The ENGINEER’S REPRESENTATIVE shall mean the Assistant Engineer/Assistant Project Engineer in Direct charge of the works & shall include Senior Manager /Manager/ Dy. Manager / Asstt. Manager or any other representative appointed by NFL.
1.5 TENDERER shall mean the person or the firm or company or any other legal entity who has submitted the tender in response to the Tender Notice and shall include his legal representatives, successors and assignees.
1.6 CONTRACTOR shall mean the tenderer whose tender has been accepted and shall include his legal representatives, successors and assignees.
1.7 CONTRACT shall mean and include the work order/formal agreement/contract tender accepted schedule of rate, Notice inviting tender, Technical specification and General Directions and Conditions of contract, Special Condition of contract, Special specifications, if any and tender for all these documents taken together shall be deemed to form one contract and shall be complimentary to one and other.
1.8 WORKS shall mean the works to be executed in accordance with the contract. 1.9 SPECIFICATIONS shall mean the specifications of works issued under the authority of the Engineer as
specified, added or modified by special specifications, if any. 1.10 COMMENCEMENT OF WORK shall mean the date on which letter of intent has been issued by NFL or any
other date which shall be agreed upon mutually between the NFL and the contractor in writing and as specified in the contract.
1.11 COMPLETION TIME shall mean the period or date specified in the tender documents of handing over the completed works to NFL.
1.12 TERMS ALTERATION ORDER shall means order given by the Engineer to effect additions, omissions, substitutions or alterations in the work.
1.13 FINAL CERTIFICATE in relation to work shall mean the certificate issued by the Engineer after completion of job.
1.14 SCHEDULE OF RATES shall mean, the tender rates of contractor in respect of which the tender has been accepted.
1.15 SINGULAR / PLURAL words carrying singular number shall also include plural and vice versa where the context requires.
1.16 INVITATION TO TENDER shall mean and include the present document together with such supplement and addendum, which may be issued by thereto later.
1.17 COMPLETION CERTIFICATE shall means the certificate issue by the Engineer when the works have been completed
1.18 WRITING shall include various manuscripts, type written or statements under the signature or seal of National Fertilizers Limited, provided to the contractor.
1.19 BATTERY LIMIT shall mean location of area within which the plant and the equipment shall be located.
2.0 INSTRUCTIONS TO TENDERERS
2.1 Incomplete tenders / conditional tenders / tenders without earnest money and tenders received after the closing date are liable to be out rightly rejected.
2.2 THE NFL may consider any tender incomplete, not prepared in accordance with provisions set forth in the ‘Invitation to Tender’ and may reject the same or valve any formalities in any or all tenders. Any tender received after the closing date is liable to be rejected without any further consideration. The tender shall be valid for a period of four months from the closing date.
2.3 All requests for interpretation or clarification shall be addressed in writing to the Manager (Production), Nangal Unit. It is necessary that all such requests for interpretation shall be received at least 10 days prior to the tender closing date. The NFL will put in its best efforts to ensure that replies and interpretations will be communicated not later than 5 days prior to the tender closing date. However, a failure to receive any such addendum or interpretation shall not relieve a tenderer of any of the obligations under tender as submitted.
2.4 Each tenderer must satisfy himself of the conditions under which the services are to be supplied, and should
fully acquaint himself with all existing conditions limitations and official regulations at the site of work.
Failure to comply with the above requirement will not relieve a tenderer of his obligation in the event of his
tender being accepted. Tenderer shall give specific reasons for rejections of such of the requirements as may
not be acceptable. Unless otherwise specifically stated in the tender, it will be assumed that the terms and
conditions specified in the „Invitation to Tender‟ is accepted by the tenderer without reservation.
2.5 Every tender shall be made in the English language. All other information such as documents and drawings
supplied by the tenderer shall also be in the English language as will be any further information supplied by the NFL.
2.6 A. RATE TO BE QUOTED IN FIGURES AND WORDS
The tenderer shall quote in English both in figures as well as in words the rates and amounts tendered by him,
on the form of Schedule of quantities forming part of the tender documents. The amount for each item shall
be worked out and entered & requisite totals be given for all items. The tendered amount for the work entered
in the tender shall be duly signed by the tenderer. The signature must be long hand, executed in ink by a duly
authorized principle of the tendering company. No oral, telegraphic or telephonic tenders or modifications
thereto, will be considered.
If the differences are found between the rates given by the contractor in words and figures or in the amount
worked out by him in the Schedule of quantities and the general summary, these shall be adjusted in
accordance with the following rules.
a) In case of duplicacy of any item in the schedule of quantities, the lowest quoted rate of the contractor
for such items will be operated in the contract.
b) When there is a difference between the rates in figures and words the rate, which correspond to the
amount worked out by the tenderer shall be taken as correct.
c) When the rate quoted by the tenderer in figures and words tallies but the amount worked out is
incorrect, the rate quoted by the tenderer shall be taken as correct.
d) In the event of any error occurring in the column of Schedule of quantities as a result of wrong
extension of unit rate and quantity, the unit rate shall be regarded, as firm and extension shall be
amended on the basis of the rate.
e) All errors in totalling in the amount column and in carrying forward total shall be corrected.
f) The total of various sections of schedule of quantities as amended shall be carried over to the general
summary and the tendered sum amended accordingly. The tendered sum so altered shall, for the
purpose of the tender, be substituted for the sum originally tendered and considered for acceptance. Any
rounding off in the schedule of quantities or in general summary, by the tenderer, shall be ignored.
2.6B. The Contract shall quote single rate against each item and not multiple rates. Any tender with multiple rates quoted will be summarily rejected.
2.7 General Manager (I/C) reserves the right to accept in his sole and unfettered discretion any of the tenders or part thereof or to reject any or all of the tenders of spilt work without assigning any reason whatsoever. He also does not bind himself to accept the lowest tender.
2.8 The tenderer shall not be entitled to claim any cost, charges expenses on incidentals for the preparation & submission of this tender even if the management may decide to withdraw the “Invitation to tender”.
2.9 The contractor as a token of acceptance of NIT terms & conditions shall sign all pages of NIT & Annexures.
2.10 Tenders containing erasures & alterations of the tender document are liable to be rejected. Any corrections made by tender(s) in his / their entries must be authenticated by him / them. The tenderer shall authenticate all pages of the tender document.
2.11 Rates quoted shall be inclusive of all taxes, duties if any, unless specified to the contrary in the tender documents, payments of taxes is primarily the responsibility of the contractor & will not be payable by NFL. The rates be quoted shall be firm.
2.12 The rates quoted shall be inclusive of the values of the work described under several items including all costs & expenses, which may be required in & for the executions of the work described together with all taxes, general risk liabilities & obligations. The price are to be inclusive of all labour, material, tools, equipments, hoists, tackles scaffoldings & the other sundries etc. as necessary for the full & entire completion of the work.
2.13 The offer should be accompanied with earnest money as mentioned in the following forms: - 1. Demand draft on the state bank of India, Naya Nangal, favoring “NATIONAL FERTILIZERS LIMITED” or Call
Deposit / Banker Cheque which is encashable on presentation at face value or Cash Receipts issued by units A/C Deptt.
2. Tender / Contract Earnest money in any other form other than that specified above shall not be accepted & tenders not accompanying Earnest money in the prescribed forms shall not be considered.
3. The tenderer should submit their tenders in one sealed cover superscribing NIT no. And its date containing three separate sealed covers. Cover marked – I should be superscribed Earnest money deposit containing said Demand Draft for requisite earnest money in favor of National Fertilizers Limited, Naya Nangal, and Nangal Unit. Cover marked – II should be superscribed Technical bid containing the acceptance of terms and conditions of NIT of NFL and cover marked – III should be superscribed price bid containing rate quoted by the tenderer.
4. If the tenderer withdraw the tender before the expiry of validity period or the tenderer whose tender is accepted by the NFL, fails to undertake the work as per the terms of contract, the earnest money deposited by the tenderer will be forfeited without prejudice to other measures.
2.14 The tenderer shall furnish the particulars as per Performa in the enclosed Annexures. If the General Manager demand any other information regarding the contractor’s experience & financial capacity the tenderer must be able to produce the information within 7 days, failing which the tender will be rejected.
2.15 The tenderer may please note that tenders are valid for four months from date of opening & if the work order is placed during the above period the tenderer will be bound by the terms, conditions & rates quoted by him in his tender throughout the period of execution of the contract including extended period.
2.16 In case of any discrepancy between the description of specifications, and for other tender documents, the decision of NFL in writing shall be final, binding & conclusive for the purpose of this contract.
2.17 The tenderer shall quote his/their rates with reference to each item & must tender for all the items shown in the schedule of quantities.
2.18 DECLARATION OF TENDERERS RELATIONS WITH NFL EMPLOYEES - should a tenderer have a relation or in the case of a firm, one or more of its partners a relation or relations employed in NFL or in case of company any of its official or relations employed in NFL, the authority inviting tenders shall be informed of the fact at the time of submission of the tender if so, the name, designation, department and E.No. of such employees be indicated failing which NFL may in its sole discretion reject the tender or rescind the contract.
2.19 DECLARATION OF TENDERS EMPLOYMENT OF NFL EX-EMPLOYEES should a tenderer have employed an Ex-employee of NFL in the case of a firm, one or more of its partners are NFL ex employees or in case of company any of its official is an NFL ex employee, the authority inviting tender shall be informed of the fact at the time of submission of the tender. If, so the name, designation, department and employment number of such employee/s be indicated failing which NFL may in its sole discretion reject the tender or rescind the contract
2.20 The tenderer will provide his Provident Fund Account No. along with the tenders as the same is essential requirement for acceptance of tender & award of work order/contract. The tenderer will be required to obtain Provident Fund Account No. from concerned P.F. Commissioner Office & shall ensure the compliance of all requirements of Employees Provident Fund & Misc. Provision Act, 1956 for contract labour.
2.21 The award of work will be in accordance with the provision of LOI, Work order, Agreement, NIT, special terms & conditions of the contract, instructions to tenderer, General Direction and Conditions of contract, Contractor’s labour & regulation along with Project Medical scheme & contract labour (Regulation & Abolition) Act, 1970 which will form the part of the contract.
2.22 The following documents forming the contract are to be taken as mutually explanatory of one another: i) Agreement
ii) Work order
iii) Letter of intent
iv) NIT
a) G.D.C.C. b) Technical scope of Work
c) Special Terms and Conditions etc.
3.0 GENERAL CONDITIONS OF CONTRACT 3.1 VARIATION:
No variation of the clauses of this contract shall be valid unless made in writing & duly signed by both the
parties. The NFL shall not in absence of its specified written acceptance, be bound by any provisions in the
tenderer‟s offer, forms of acknowledgement of contract & other documents, which supports to this contract.
3.2 The engineer shall have general supervision & direction of the work. He has authority to stop / suspend the
work, whenever such stoppage / suspension may be necessary to ensure proper execution of work as per
contract. He shall also have the authority to reject all work, which do not conform to the specification and as
such Engineer reserves the right to stop / suspend the work or part thereof at any time and no claim
whatsoever on this account will be entertained.
3.3 CORRESPONDANCE:
All correspondence shall be in duplicate invariably bearing reference to this contract number & date, the
contractor shall furnish the name, designation & address of his authorized representatives and all complaint
notices, communications & references to the contractor or his representatives or posted to the address so
given, shall be deemed to have been duly given.
3.4 The contractor shall have to strictly adhere to rules and regulations as laid down or may be laid down by NFL
from time to time during the contract.
3.5 The contractor shall keep competent authorized representative and necessary assistants to look after work,
during its progress. The representative shall represent the contractor in his absence and all the directions given
to him shall be binding as if given to the contractor. In no case the authorized representative can refuse to
receive the instruction.
3.6 JURISDICTION
The contract will be deemed to have been entered into at Naya Nangal and all cases of action in relation to
contract will therefore be deemed to have arisen within the jurisdiction of the court of Anandpur Sahib only,
in district Ropar (Punjab).
3.7 SUB CONTRACT:
The contractor shall not be allowed to sub-contract any portion or the total contract.
3.8 The successful tenderer cannot change the status of his concern after submitting his tender without prior
approval of NFL in writing.
3.9 STATUTORY OBLIGATION UNDEDR VARIOUS ACTS
3.9 a) PROVISION FOR WORKMEN‟S COMPENSATION ACTS
In every case in which by virtue of the provisions of section – 12 subsection (1) of the Workman‟s
Compensation Act, 1923 or any other law for the time being in force, NFL is obliged to pay compensation to
workman employed by the contractor in execution of the works, NFL will recover from the contractor the
amount of compensation so paid and without prejudice to the rights of NFL under section 12, subsection (2)
of the said Act. or any other law for the time being in force. NFL shall be at liberty to recover such amount or
any part thereof by deducting it from the security deposit or from any sum due by NFL to the contractor
whether under this contract or otherwise NFL shall not be bound to contest any claim made against it under
section 12, subsection (1) Of the said Act or any other law for the time being in force except on the written
request of the contractor and upon giving NFL full security for the costs which NFL might become liable to in
consequence of contesting such claim. The contractor shall be required to get necessary license from the
Asstt. Labour Commissioner (Central), Chandigarh who is the licensing authority under contract labor
(Regulation and Abolition) Act and rules, before tendering, failing to which NFL reserve the right not to
entertain the same.
3.9 b) TAXES, LABOUR LAWS, CONTRACT LABOUR (REGULATION & ABOLITION) ACT 1970 AND
CONTRACTOR‟S LABOUR HEALTH REGULATION ALONGWITH PROJECT MEDICAL SCHEME
ARE APPLICABLE
The contractor agree to and does hereby accept full and exclusive liability for the payment of any and all
contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or
hereafter imposed by any Central or State Government or Local Authority which are imposed with respects to
or covered by the wages, salaries or other compensation paid to person employed by the contractor and the
contractor shall be responsible for the compliance with all obligations and restrictions imposed by the labour
law affecting employees relationship.
3.9 c) INSURANCE
i) The contractor shall at its own expense carry and maintain insurance as per State Insurance Act 1948
(upto date) when applicable for its employees shall indemnify and hold harmless NFL from all liabilities
what so ever on this account. NFL shall retain such sum as may be necessary from the total contract
value until the contractor shall furnish satisfactory proof that all contributions are required by the
Employees State Insurance Act, 1948 have been paid. This will be binding on the contractor only when
the Employees State Insurance Act is extended to place of work.
ii) The contractor shall not be allowed to put his labour on work until & unless he obtains insurance cover
for all the supervisor/workers engaged by him. The contractor immediately before start of work must
submit the photocopy of insurance cover.
iii) Workmen‟s Compensation Insurance cover should be taken for all the persons engaged by the
contractor.
iv) Insurance policy should be for all the full contract period of one year.
v) Contract number should be mentioned in the Insurance Policy.
vi) Medical treatment should also be covered in the policy in addition to the Workmen Compensation as per
Act.
vii) The contractor is required to get the Insurance Policy endorsed in favor of NFL in terms of endorsement
No.140 extending the policy for indemnity to principals.
viii) Third party insurance requirement, if any, shall be arranged by the contractor at his own cost.
3.9 d) PAYMENT OF MINIMUM WAGES UNDER THE MINIMUM WAGES ACT 1948
It will be the responsibility of the contractor to pay the minimum wages to his employees as fixed and revised
by the appropriate Government under minimum wages Act 1948. The payment will be made to labor by the
contractor by 7th of every month in the presence of Engineer incharge. In case of delay, NFL will pay the
wages to his workmen, which will be deducted from contractors bill along with 25% of the total amount as
departmental charges.
3.10 THE CONTRACTOR WILL COMPLY WITH THE FOLLOWING ACTS
i) Contract labour (Regulation and Abolition Act, 1970)
ii) Minimum Wages Act 1948.
iii) Employee‟s Provident Fund and Miscellaneous provision Act 1952.
iv) Workmen Compensation Act 1923.
v) Factory Act, 1948
vi) Payment of Wages Act 1936.
vii) Any other act formed by State/Central Government from time to time. Or any modification or
amendment of said act.
3.11 PAYMENT OF MINIMUM WAGES:
The contractor shall maintain the wages register/ muster-roll register etc, as the case may be. Officers of the
company shall open these documents for inspection whenever required.
3.12 MEDICAL TREATMENT IN CASE OF ACCIDENT:
It will be the responsibility of the contractor to give medical treatment to the injured workmen who has met
with an accident arising out of & during the course of employment. In case the contractor fails to give medical
treatment, the company shall do so & shall recover the expenditure on account of medical treatment from the
contractor‟s bill or from dues of the contractor, if any whether under this contract or any other contract or by
any other mode.
3.13 a) The contractor will be liable to give the benefits of contributory provident fund to his employees engaged in
the execution of this contract in accordance with provision contained in EPF Act, 1952 given to sec. of the
employees who may have already become eligible to contribute to P.F. or may thereafter become eligible to
contribute to P.F on completion of qualifying period of services as provided in EPF Act, 1952 & scheme
framed thereunder, as amended from time to time.
3.13 b) The contractor will be liable:
i) To recover employee‟s contributions from the periodical payments made to such employees.
ii) To make a matching contribution as his own (Contractor‟s) equivalent to the employee‟s contribution.
3.13 c) NFL shall have the right to withhold payment of contractor‟s bill in case the contractor fails to deposit the
contribution in separate account to be maintained by the contractor and submit a proof of the same along with
the bill, in time.
3.13 d) The contractor shall also furnish to NFL by 5th day of each month a detailed statement in respect of each
eligible employee on this contract giving the following details.
i) Name of the employees.
ii) Name of the father, husband as the case may be.
iii) Wages paid for the month.
iv) Deduction made from the wages on account of employees own contribution to P.F.
v) The matching contribution payable by the contractor.
vi) The date from which employee become eligible to subscribe to P.F. (This information is to be given
only once when the employee become eligible to contribute to P.F for the first time.)
vii) The date from which the employee ceases to be in the employment of the contractor and to indicate
the cause of the employee leaving the service or the cause for the termination by the contractor as the
case may be.
3.13 e) The statement referred to at para (a) above should accompany the remittances to be made by the contractor
by the 5th day of each month as indicated in the para (c) above.
3.13 f) The contractor shall keep proper records of services, attendance, leave wages paid in respect of his
employees, engaged in this contract.
3.13 g) In case of non-compliance with any of the condition from (a) to (g) stated above, by the contractor, NFL
reserves the right to provisionally retain 15 % of the contractor‟s payment towards employees & employer‟s
contribution.
3.14 It will be obligatory on the part of the contractor to get all his fresh labourers, brought from outside the State
of Punjab, screened from Malaria and small Pox from our Public Health Deptt. before they are employed. In
case of failure of the contractor to do so, the contractor can be fined to the extent that it has cost the
management or the State Govt. to take preventive measures of the epidemic. This cost would be recoverable
as arrears on land revenue, from the payment to be made to the contractor.
3.15 The following records and registers are required to be maintained by the contractor as per the Contract Labour
(Regulations & Abolition) Act, 1970: -
a) Register of persons employed in Form No. XIII (Rule 75)
b) Employment cards: Every contractor is required to issue an employment card in form No. XIV to each worker
within three days of employment of worker (Rule 76).
c) Muster-roll wages register, deduction register & O/T register
i) Muster roll form No. XVI
ii) Wages register form No. XVII (Rule 75)
iii) Register of deduction for damages or loss ( Form XX)
iv) Register of fines, Form (XXI)
v) Register of advances (Form XXII)
vi) Register of overtime (Form XXIII)
vii) Wage slip (Form XIX)
3.16 The contractor shall issue a monthly statement to NFL with a certificate that “Statement furnished is true and
correct and no eligible employee has been excluded from the list”.
3.17 a) CONTRACTOR TO INDEMNIFY THE NFL
The contractor shall indemnify the NFL and every officer and employee of the NFL against all actions
proceedings, claims, demands, costs and expenses whatsoever arising out of or in connection with matters
referred to in relevant clause and against all actions, proceeding claim, demands, costs and expenses which
may be made against the NFL or Government for or in respect of, arising out of any failure by the contractor
in the performance of his obligations under the contract.
3.17 b) PAYMENT OF CLAIMS AND DEMANDS
Should the NFL have to pay any money in respect to such claims or demands the aforesaid amount so paid
and the costs incurred by the NFL shall be deducted from the contractors bill and contractor shall not be at
liberty to dispute or question the right of the NFL to make such payments notwithstanding the same may have
been made without consent or authority or in law or otherwise to the company.
3.17 c) In every case in which by virtue of the provisions of the latest Workmen‟s Compensation Act the NFL is
obliged to pay compensation to a workman employed by the contract in execution of works, the NFL will
recover from the contractor the amount of the compensation so paid and without prejudice to the right of NFL
under the said act. NFL shall be at liberty to recover such amount or any part thereof deducting from the
security deposit or from any sum due by the NFL to the contractor whether under this contractor or otherwise.
The NFL shall not be bound to contest any claim made under the said act except on written request of the
contractor and upon his giving to the NFL full security for all costs for which NFL might become liable in
consequence of contesting such claim.
3.18 a) The Deptt. reserves the right to allot the work to more than one contractor.
3.18 b) payment due to/or becomes due to the contractor against this contract or any other contract/contracts. It shall
be lawful for the company to appropriate entire deposit or part thereof against damages, costs, charges or
expenses arising out of contractor for non-observance of the terms and conditions of the contract from any
3.18 c) COMPENSATION AGAINST DAMAGE OF PLANT AND MACHINERY
Contractor will be fully responsible for the damage/loss of NFL‟s property belonging to NFL. NFL reserves
the right to claim adequate compensation from the contractor on account of any damage caused to the plant &
equipment while execution of work due to careless handling or negligence on the part of the contractor.
3.19 a) Errors in measurements or bills to be corrected. Should any errors occur in periodical measurement or bills,
these on being discovered shall be certified in subsequent measurements and bills
3.19 b) FINAL CERTIFICATE
Before issue of final certificate, the contractor shall submit satisfactory evidence to the engineer that all pay
rolls, bills, payment to all other connected with the work have been paid and contractor has in all respect duly
performed all the obligations under the contract.
The making and acceptance of final payment shall constitute a waiver of all the claims by the contractor
except those previously made and still unsettled.
3.20 The contract shall be binding on the contractor for an agreed period of one year. It is extendable for further 3
months at the sole discretion of NFL & renewable on mutually agreed basis for further period.
3.20 a) EMPLOYEES/LABOURS OF CONTRACTOR
i) No labour below the age of eighteen years shall be employed on the work.
ii) The contractor shall pay not less than fair wages to labour engaged by him on work.
iii) The contractor shall at his expenses comply with all labour laws and keep the NFL indemnified in
respect thereof.
iv) The contractor shall have to allow weekly rest as per provision of Factory Act, 1948.
3.20 b) It shall be the responsibility of the contractor to maintain and keep their labours in specified area only. Strict
action will be taken against the labour and the contractor under whom he is working if found at other places
and indulging in unlawful activities.
3.20 c) NFL NOT RESPONSIBLE FOR CONTRACTOR‟S EMPLOYEES
The contractor may employ such employees as he may think fit, and the employees so employed shall be the
employees of the contractor for all-purpose whatsoever and shall not be deemed to be the employment of NFL
for any purpose whatsoever. The contractor shall abide by all the rules, laws and regulations that may be in
force from time to time regarding employment or condition of services of the employees, if under any
circumstances whatsoever NFL is held liable or responsible in any manner whatsoever, for the default or
omission on the part of contractor in abiding by aforesaid rules, laws and regulations or held liable of
responsibility to the employees of the contractor in respect of any matter whatsoever, NFL shall be
reimbursed by the contractor for the same, and also any other expense or cost incurred by NFL on any
proceeding or litigations, as a result of any claim demand or act on the part of contractor, NFL shall be
entitled to claim damages or compensation from the contractor in that event.
3.20 d) CONTRACTOR TO REMOVE UNSUITABLE EMPLOYEES
The contractor shall on instruction of the engineer immediately remove from the works any person employed
there on, who may misbehave or cause any nuisance or otherwise, in the opinion of the engineer is not fit
person to be retained on the work and such person shall not be again employed or allowed on the work
without prior written permission of Engineer.
3.21 GATE PASSES
The contractor should comply the following regarding issuance of Gate Passes by CISF.
3.21 a) The contractor shall be responsible for getting the gate passes issued duly signed by appropriate authority for
the persons working under him. In case of loss of any gate pass Rs.50/- per gate pass shall have to be
deposited before issue of duplicate gate pass. If the contractor fails to deposit invalid gate passes, recovery
@Rs.50/- per gate pass will be made from the bills and no request for refund of the same will be entertained.
3.21 b) The contractor will not be issued new gate passes unless invalid gate passes are deposited with CISF.
3.21 c) In case of loss/damage to gate passes, report the matter to CISF with one copy to plant in charge immediately.
3.21 d) To regulate the loss, a detailed report with the circumstances under which the loss has occurred mentioning
date, time, place and name of individual who has lost, with the recommendations of contract awarding
authority to be submitted with a copy of FIR lodged with local police.
3.21 e) On completion/termination of the contract work, the final payments of his dues/security will be given only
after the receipt of clearance from CISF.
3.22 Hire charges of machinery, equipment, material etc. if allowed by NFL will be recovered from the
contractor‟s bill or otherwise at the rates fixed by the management.
3.23 ARBITRACTION AND SETTLEMENT OF DISPUTES
3.23 a) All disputes or differences of any kind whatsoever arising out of or in connection with this contract, whether
during the progress of work or after the completion and whether before or after the termination of the contract
shall be referred by the contractor to NFL and NFL within a reasonable time after presentation make and
notify decision there on in writing. The decision, directions on which is specially provided for by these
conditions given and made by the NFL or by Engineer on behalf of NFL which matters are referred to
hereinafter as accepted matters, shall be final and binding upon the contractor and shall not be set-aside or be
attempted to be set-aside on account of any informality omission delay or error in proceeding in or about the
same on any reasons shall be without any appeal.
3.23 b) WORK SHOULD NOT TO BE HELD UP
The contractor shall not stop the work in case of any dispute unless further progress of work has been
rendered impossible due to non-fulfillment of any reciprocal promise. Unilateral stoppage of work by the
contractor shall be considered as a breach of contract and NFL reserves the right to take such action as it may
deem fit keeping its interest as paramount.
3.23 c) SETTLEMENT OF DISPUTE:
Except as stated above, in the event of any dispute(s) or difference(s) arising between the parties hereto as to
the construction, interpretation or operation of this contract or the respective rights and liabilities of the
parties, shall be, within 30 days of the arising of such dispute(s) or difference(s), referred to the Sole
Arbitration of General Manager of Nangal Unit of the company or his nominee whose decision in the matter
shall be final and binding upon the parties. There will be no objection if the arbitrator so appointed is an
employee of NFL and that he had to deal with matter to which this agreement relates and that in the course of
his duties as such he had expressed views on all or any of the matter in dispute(s) or difference(s). The
arbitrator shall give a reasoned award if the subject matter of the arbitration is above Rs. one lakh. Subject as
aforesaid the provisions of India‟s Arbitration and Conciliation Act and rules made their under or statutory
modification or re-enactment thereof shall apply to the arbitration reference.
3.24 All tools and tackles and other materials required to be used by the contractor shall be arranged by the
contractor and brought in with proper gate passes and such authentic documents with regard to the said
material and the same shall be got inspected by the Engineer-in-Charge along with the material as per security
rules in force.
3.25 SAFETY RULES AND REGULATIONS
3.25 a) The contractor shall ensure strict adherence to all fire and safety regulations of NFL and should execute the
job with due care & caution and strictly abide by all the regulations. Contractor shall consult safety officer or
engineer before starting the job. He shall familiarize himself of regulations, copies of which shall be
furnished to him by NFL when requested. He shall be responsible for and must make good to the satisfaction
of NFL any loss or damage due to fire to any position of the work to be done under this agreement or to any
of the NFL‟s existing property.
3.25 b) NFL Engineer will stop Unsafe and unsupervised work.
3.25 c) Before start of job of cleaning at open or confined space, the contractor or his supervisor, for themselves or
for their staff shall obtain written permission from NFL Engineer. After shift change the aforesaid permission
shall be taken again before doing the job.
3.25 d) The safety requirement of the contractor‟s labour shall be the sole responsibility of the contractor and he shall
see that job is done without causing any injury to workers and all safety precautions are observed.
3.25 e) All the accidents to contractor‟s staff will be reported to safety officer promptly. This will however, not
relieve the contractor of any statutory /other obligations.
3.25 f) The contractor shall keep a record of labourers and their address for security point of view at site and also to
safeguard against the entry of bad elements into the factory premises/plants. The contractor should get the
antecedents of the labour verified by him before employing them.
3.26 The contractor shall be responsible to deposit the gate passes issued to him/his labourers with the CISF as and
when the job is computed and obtain a “No Objection Certificates” from them, failing which the payment of
their final bill may be with held.
3.27 The arrangement for safe keeping of tools and tackles, hammers, trolleys, cotton waste, waste cloth and other
material and personal belongings of the labour employed by the contract shall be made by the contractor at
the allotted place.
3.28 The contractor shall make his own arrangement at his own expense for supply of Safety equipments to the
skilled/unskilled labours employed by him without extra charges.
3.29 All documents relating to compliance with statutory and other provisions shall be available with the
contractor at all times at the places of work for any inspection.
3.30 Contractor shall submit proof of compliance with the statutory and other provisions before payment of final
bill and also at the time of termination of employment of his workmen.
3.31 EXTENSION OF CONTRACT
The contract can be extended further at the sole discretion of NFL.
3.32 If at any time after acceptance of the tender, NFL decides to abandon or reduce the scope of works for any
reason what so ever and hence not require the whole or any part of the works to be carried out, the Engineer in
charge shall give notice in writing to the effect to the contractor and the contractor shall have no claim to any
payment of compensation or otherwise what so ever, on account of any profit or advantage which he might
have derived from the execution of the works in full but which he did not drive in consequence of the
foreclosure of the whole of the works.
3.33 TERMINATION OF CONTRACT IN FULL OR PART:
A) If the contractor:
i) Fails to undertake the job after acceptance of his tender and award of work by NFL. OR
ii) At any time makes default in proceeding with the work in full or in part with due diligence and
continues to do so after a notice in writing of 14 days from Engineer in charge. OR
iii) Become bankrupt or insolvent. OR
iv) Make an arrangement with or assignments in favour of his creditors, or inspection of his creditors.
OR
v) Being a company or corporation, go into liquidation (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction) OR
vi) Have an execution levied on his goods or property on the works. OR
vii) Assign, transfer, sublets the contract or my part there of otherwise, than if any, as provided in the
contract. OR
viii) Unilateral stoppage of work. OR
ix) Abandon the contract. OR
x) Persistently disregard the instructions of the Engineer. OR
xi) Fail to adhere to the agreed programme of work. OR
xii) Fail to remove material from the site or to pull down and replace work after receiving from the ----
notice to the effect that the said materials or works have been condemned or rejected. OR
xiii) Fail to take steps to employ competent or additional staff and labour, materials as required under
relevant clause of these conditions. OR
xiv) Fail to afford the Engineer or Engineers representative proper facility for inspecting the works or any
part thereof (as required under inspection clause of these conditions) OR
xv) if the performance is not satisfactory OR
xvi) Contravenes any provision of contract.
xvii) Shall obtain a contract with NFL as a result offering tendering or other non-bonafide methods of
competitive tendering. OR
xviii) if the contractor is an individual or a proprietary concern and the individual or the proprietor dies and
if the contractor is a partnership concern and one of the partners dies, then unless the accepting
authority is satisfied that the legal representatives of the individual contractor or of the proprietor of
the proprietary concern and in the case of partnership the surviving partners, are capable of carrying
out and completing the contract, the accepting authority shall be entitled to cancel the contract as to
its incomplete part without NFL being in any way liable to payment of any compensation to the estate
of the deceased contractor and/or the surviving partners of the contractor firm on account of
cancellation of the contract. The decision of the accepting authority that the legal representative as
the deceased contractor of the surviving partners of the contractor firm cannot carry out and complete
the contract shall be final and binding on the parties. In the event of such cancellation, NFL shall not
hold the estate of the deceased contractor and/or the surviving partners of the contractor liable to
damage for not completing the contract.
B) Without prejudice to any other remedy, NFL reserves its rights to adopt any or several of the
following courses.
i) Award parallel contract and/or
ii) Terminate the contract and/or
iii) Forfeit the security deposit and/or
iv) To get the execution of contract for the remaining period at the risk and cost of the contractor and/or
v) Delist / blacklist the contractor.
4.0 NFL’S OBLIGATIONS 4.1 NFL will supply the relevant necessary drawings & other technical specifications wherever required.
4.2 NFL will provide free of cost, at its discretion & for the duration of execution of work land for construction of
temporary hut for labour & contractor‟s field officer required for execution of contract near the site of work in
the factory premises.
4.3 NFL will provide electricity for lighting at site on 400 / 440 V & 220 / 220 V 3 phase 50 cps. Supply,
chargeable at the rates applicable from time to time.
5.0 CONTRACTOR’S OBLIGATIONS:
5.1 The heading in these general conditions are solely for the purpose of facilitating reference and shall not be
deemed to be part thereof or be taken into consideration in the interpretation or consideration in the
construction thereof of the contract. The law shall govern this contract for time being in force in Republic of
India.
5.2 The successful tenderer shall be required to execute formal agreement with NFL within 10 days on receipt by
him the letter of acceptance from NFL, in respect of his offer for carrying out the works according to terms
and conditions of contract. The agreement to be executed will be in the form prescribed by NFL, for the
purpose, on a stamp paper of value Rs.15/- (Rs. Fifteen only) to be purchased by contractor.
5.3 The contractor will accomplish the work as detailed in the scope of work within the schedule of completion.
5.4 All the contractor‟s material will be shown at the factory main gate by the contractor and a certified copy of
the material passed on the factory premises will be submitted to the engineer by the contractor within one
week‟s time. The store of contractor, if any, can be checked by the engineer or his authorized representative
for any unauthorized material not passed from the factory main gate.
5.5 CONTRACTOR TO COMPLY WITH ALL LAWS:
The contractor shall be responsible to secure compliance with all the State and Central Laws as well as the
rules, regulations, by laws and orders of the local authorities and statutory bodies as may be in force from
time to time. The contractor must have valid license up to date under the contract labour (Regulation &
Abolition) Act, 1970 and for engaging labour from Labour Department.
5.6 The contractor and the persons employed on work should have full knowledge of the “Official Secret Act”
and regulations framed there under. Any information obtained during execution of job which would or might
be directly or indirectly be of any use to any enemy of India must be treated as secret and shall not be at any
time be communicated to any person.
5.7 The contractor shall return all the documents supplied to him after completion of job.
5.8 The contractor shall make his own arrangement for accommodation of his employees/labours as well as their
transport. NFL will not permit construction of residential hut meant for contractor‟s labour within the factory
boundary wall.
5.9 a) EMPLOYMENT CARDS
Every contractor is required to issue prescribed employment card within three days of the employment of the
worker.
5.9 b) The contractor shall have to maintain the Wages Register, Deduction Register and Overtime Register etc. as
per provision of minimum Wages Act and rules framed their under such Wage Register and other documents
shall always be open for inspection by officers of the company whenever required.
5.9 c) The contractor shall maintain a muster roll in prescribed Performa and shall obtain signatures/thumb
impression of the workers in token of their having received the payment.
5.10 The above facts shall be verified by the Engineer in charge.
5.11 The contractor shall be required to keep an order book at site of work. Engineer or his authorized
representative shall record any special order and instruction to be issued to the contractor in this book. Each
page of this book shall be numbered and initialed by the Engineer or his representative. This book shall be
the property of NFL but its safe custody shall be the responsibility of the contractor.
5.12 The successful tenderer shall extend all reasonable facilities and co-operation to various other agencies and
contractors for services not included in the contract who may be working at site simultaneously, so that the
entire work can proceed smoothly.
5.13 The contractor shall have to place enough resources for all the jobs referred here in before/here in after under
technical scope of work.
5.14 The contractor shall at his own expense comply with or caused to be complied with Model Rules for Labour
welfare applicable from time to time including for the protection of health and for making sanitary
arrangement for workers employed directly or indirectly on the works. In case the contractor fails to make
arrangements as aforesaid, the Engineer in charge shall be entitled to do so and recover the cost therefore
from the contractor.
6.0 COMMERCIAL TERMS AND PAYMENTS:
6.1 PRICES:
The quoted prices shall be treated firm.
6.2 EARNEST MONEY:
Earnest Money should be deposited as per the following scale:
i) Works up to 2 lakhs 2% of the estimated Cost
ii) Work exceeding 2 lakhs
Up to Rs. 5 lakhs on 1st 2 lakhs 2% of the estimated Cost
On next Rs. 3 lakhs of the 1.5% of the estimated Cost
vi) Works exceeding Rs. 5 lakhs
1st Rs. 2 lakhs 2% of the estimated Cost
On next Rs. 3 lakhs 1.5% of the estimated Cost
On the remaining amount 1% of the estimated Cost
6.3a SECURITY DEPOSIT:
Within two weeks of issue of work order initial security deposit @ 2.5% of the total contract value will have to
be deposited by contractor, and earnest money will be adjusted against initial security deposit and balance
amount may be deposited within 15 days. Further 7.5% of each bill for the value of work done from time to
time shall be retained by NFL as security for faithful performance of the contract and will be refunded only
after three months of the satisfactory completion of the contract without any interest thereon. No interest shall
be payable on the security deposit and earnest money lying with the NFL.
6.3b Security deposit will be refunded to the contractor after expiry of three months from the date of successful
completion of work as per terms and conditions of NIT.
6.4 INCOME TAX:
Deduction of Tax at source shall be made from the Running Account Bills of the Contractor as per prevailing
rates from time to time under Income Tax Act. The income tax recovered shall be deposited in Govt. Account
and a Certificate of recovery shall be given to the contractor as per Income Tax Rules.
6.5 WORKS TAX AND OTHER TAXES:
The Works Tax shall be deducted as per Punjab General Sales Tax Act (Amendment), 1997.
6.6 PAYMENT OF TAXES & DUTIES:-
The rates quoted by the party should be inclusive of all taxes including service tax, if any. No request for any
increase or decrease or any additional taxes shall be entertained afterwards.
6.7 The contractor is liable to pay for all the taxes in respect of the contract. The contractor
shall indemnify NFL against levy of taxes etc. in regard to this contract and in the event of NFL being assessed
for any taxes imposed and in the event of this NFL shall have the right to recover the total amount that is due
to the contractor and the contractor shall also be responsible for all costs or expenses that may be incurred by
NFL in connection with any proceeding or litigation in respect of the same.
6.8 COMPLIANCE OF STATUTORY ACT:
In case of non-compliance with any of the conditions or provision contained in EPF Act 1952, The Minimum
Wages Act 1948 and Contract Labour (Regulations & Abolition) Act 1970 as amended from time to time and
other Acts made there under, NFL reserves the right to provisionally retain, with hold the payment towards
employees and employers contributions group linked insurance inspection charges etc.
6.9 SUBMISSION OF BILL:
Bill in duplicate will be normally submitted on the prescribed format to the Sectional in charge. The Engineer
will check the bill, verify and forward the same to the Manager (Production) and there after to Manager
(F&A), NFL, Naya Nangal for making payment.
6.10 PAYMENT OF BILL:
The contractor shall submit his monthly bill within 1st week of the following month to the executing
department for verification and recommendation. Incase the contractor fails to submit the bill by the last day
of the following month, a penalty of 1% of the billed amount or for every month of delay or part thereof
subject to a minimum of Rs.1000/- shall be recovered from the bill. After submission of bill the payment shall
be released within 30 days from the date of receipts of bill, if, otherwise in order. Final bill shall be released
within 90 days from the date of submission of complete bill to the Engineer in -charge.
6.11 The entire bank charges in connection with payment, guarantees and insurance etc. if any
will be on contractor‟s account.
6.12 As per CVC instructions, NFL is required to make payments of all the suppliers/vendors through Electronic
Clearing System, i.e. e-payments & e-receipts. NFL, Nangal unit is having its Cash Credit Accounts with State
Bank of India, Naya Nangal, who is having Electronic Fund Transfer Facility in its branch at Naya Nangal and
some other important branches. The contractors/suppliers, who are having their bank account with SBI, may
check up with the concerned branch, where they are maintaining bank account, as to whether they are having
EFT facility, if so, they may submit the bank particulars i.e. Bank Account Number, Name of Place of Branch,
Branch Code Number, so that, their payment could be released through transfer of funds to their Account.
6.13 OVER PAYMENT & UNDER PAYMENT:
Whenever any claim for the payment of a sum of money to NFL arises out of or under the contract against the
contractor, the same may be deducted by NFL from any sum then due or which at any time thereafter may
become due to the contractor under this contract and failing that under any other contract with NFL or from
any other sum due to the contractor from NFL which may be available with NFL or his security deposit or he
shall pay the claim on demand.
6.14 FORCE MAJEURE/EXTENSION OF TIME:
Neither contractor nor NFL shall be considered in default in performance of its obligations herein
incorporated if such performance is prevented or delayed because of war, hostilities, revolutions, civil
commotion, strike, epidemic, accident, fire, cyclone, flood, earthquake or because of any act of God or for
any cause beyond the reasonable control of the party affected except monsoons & traffic. Applications for
extension of time under force majure or reason beyond contractor‟s control, extension will be made in writing
to the Engineer within fourteen days of hindrance. In such cases decision of NFL will be final & binding upon
the contractor. In case force majure lasting continuously for a period of six months, the two parties should
consult each other regarding the future execution of the contract.
6.15 DOCUMENTS FOR JOB CONTRACTS:
For job contracts the contractor will maintain a muster-roll wage register in the prescribed Performa & will
obtain signature/thumb impression of the workers in taken of their having received the payment. Either a
duplicate copy of muster roll bearing the signature/thumb impression of workers or Photostat copy of the
relevant extract from wage register duly attested by the contractor along with the bill to the deptt. Concerned
for onwards transmission to the accounts deptt. & then only payment to the contractor shall be made. On
every running bill/final bill you shall give a certificate to the effect that the payment to the labour engaged by
you has been made before submitting the bill to the department.
6.16 The Engineer-in-charge shall on report have been made by an inspecting officers as defined in contract
labour regulation have the power to deduct from the money due to the contract any sum required or estimated
to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of
condition of the contract for the benefit of workers, non-payment of wages or of deduction made from his or
their wages which are not justified by the terms of the contract or non-observance of the said contractor‟s
labour regulations.
6.17 The contractor shall all times keep NFL indemnified against all claims, damage or compensation under the
provision of the payment of wages Act, 1936, Minimum Wages Act, 1948, Employer‟s Liability Act, 1938,
the workman Compensation Act, 1923, Industrial dispute Act & the contract labour (Regulation & Abolition
Act 1970), Employment of child labour Act, 1947/1983 or any other Act regulating the Employment of labour
by the contractor or any modification thereof or any other law relating there to & rules made there under from
time to time or as a consequence of any accidents of injuries to any workmen other person in or about the
works, whether in the employment of the contractor or not, save except where such accident or injury has
resulted from any act of NFL, his agents or servants &also against all costs, charges & expenses of any suit,
action or proceedings arising out of such accidents or injury & against all claims. Without limiting his
obligation & liabilities above provided, the contractor shall ensure against all claims, damages or
compensation payable under the workman‟s Compensation Act, 1923 or any modification thereof or any
relating there to.
6.18 NFL may hold the payment to such an extent as may be necessary to protect itself from loss on account of
a) Incomplete or defective works are not rectified.
b) Failure of the contractor to make payments to his employees.
c) Damage to another contractor, of NFL property.
d) Claim filed or reasonable evidence indicating probable filing of claims.
e) For other reasons mentioned elsewhere in the NIT.
6.19 No periodical certificate or payments made to the contractor shall held to signify the approval of the works,
materials or admission of the due performance of work or other things to which such certificates relate and the
contractor shall not be relieved by any such certificate from any risk or liabilities, to which he may be
subjected under the contract until the final certificate has been granted to the contractor.
6.20 LABOUR LICENCE:
For job contracts the contractor should obtain a valid license for contract labour Act from Asstt. Labor
commissioner (Central) and shall keep it valid within the contract period.
6.21 PENALTY:
In the event of contractor‟s failure to complete the job satisfactorily within the scheduled time, penalty shall
be imposed as per the penalty clause of Special Terms and Conditions, subjected to maximum of 10% of the
total value of contract.
6.22 INCENTIVE:
In case of completion of the job well within the stipulated time, incentive shall be paid to the contractor if
applicable as per various clauses of “ Special terms & conditions” of the NIT.
