Page 1 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
“REWINDING OF L.T. MOTORS UP TO 75 KW, TRANSFORMERS AND
CEILING FAN ETC”
INDEX
SN Particular From
Page
To Page No. of pages
1. Index 1 1 1
2. Tender forwarding Letter 2 2 1
3. Job Specifications & Scope of Work 3 5 3
4. Special Terms & Conditions of the
Contract
6 10 5
5. Annexure-II (Declaration form pertaining
to Service tax).
11 11 1
6. Annexure-I (Undertaking for
Relationship)
12 12 1
7. Annexure-III (Confirmation of
MSMED).
13 13 1
8. Annexure-IV (Documents downloaded
from Website).
14 14 1
9. Annexure-V (Acceptance of Terms &
conditions .
15 15 1
10. Annexure-VI (Undertaking of Price bid
as per SOQ).
16 16 1
11. General Directions and Conditions of
Contract
17 39 23
12. Performa for Schedule of Quantities 40 41 2
13. TOTAL PAGES 41
Note :-
Contractors are requested to see that all the pages of tender document issued to them is intact as
per above index.
Page 2 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
Ref No. NFL/Elect. /Workshop/Rewinding Motor/10/2011/ DATE: 28.10.2011
Sealed item rate tenders are invited from the pre-qualified parties for repair/rewinding of LT motors up to
75KW, ceiling fans etc. as per details given below: -
1. Name of work: Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc.
2. Contract Period: One Year from the date of award of work.
3. Estimated value:
Rs.4, 15,805.50.
4.
Earnest Money: Rs 7200/- (Rs. Seven thousand two hundred only)
Non-transferable Tender Documents can be obtained on any working day during office hours between
28.10.2011 to 28.11.2011 (upto 1200Hrs) from the office of undersigned on payment of Rs. 275/- (Non
Refundable) as a cost of Tender Documents by hand or Rs.325/- by post, through Banker Cheque/
Demand Draft drawn on any Nationalized Bank in favour of National Fertilizers Limited payable at Naya
Nangal/Nangal.
Tenders will be received in sealed covers duly super scribed along with Earnest Money through Banker
Cheque/ Demand Draft drawn on any Nationalized Bank in favour of National Fertilizers Limited
payable at Naya Nangal/Nangal up to 3P.M. on or before 28.11.2011. Cheque shall not be accepted in
any case. The tenderers are to submit the bid in three parts. Envelop E-I for EMD, Envelop E-II for
technical, commercial terms & conditions and GDCC, copy of PAN, copy of Service Tax Registration
Number. The Price Bid only is to be submitted in Envelop E-III. Tenders of the parties not accompanied
with earnest money will not be considered.
The tenders will be opened on 28.11.2011 at 1530 hours in the office of undersigned in the presence of
tenderers or their authorized representative who wish to be present during opening of the tenders.
The pre-qualified parties can download Tender Documents from our Website
www.nationalfertilizers.com. In that case, a Tender document Fee of Rs. 275/- (Non Refundable) is to be
submitted in the form of separate DD in Envelope No.-1 pertains to E.M.D.
NFL shall not be responsible for any Postal delay. NFL reserves the rights to accepts or reject any or all
the tenders in full or part thereof without assigning any reason.
(R. Mishra)
Chief Manager (E)
NATIONAL FERTILIZERS LIMITED (A GOVERNMENT OF INDIA UNDERTAKING)
( An ISO- 9001 &14001 Unit )
FAX : 01887 - 220541
Grams: Fertilizer
NANGAL UNIT, NAYA NANGAL - 140126 Phone: 9478402267 E mail: [email protected]
Page 3 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
JOB SPECIFICATIONS AND SCOPE OF WORK FOR REWINDING/REPAIRS OF LT
MOTORS UP TO 75 KW, CEILING FANS ETC.
1. Complete Rewinding of Motors with Contractor‟s Material:
The job involves dismantling of 230V/415V single/three phase 50 Hz induction motors (up to 75
KW) in Electrical Workshop. The contractor shall take out the burnt/damaged stator to his works
through proper returnable gate pass/entry and carry out their further job of cutting and removal
of stator winding, cleaning of slots, minor repairs of slots by filing, chipping etc. scrapping of
old paper and varnish cutting and insertion of new paper, making of coils from super enameled
copper wire, inserting of coils in slots, providing of inter-coils and inter-set insulation, baking of
stator in the oven. The repaired stator shall be shifted back to the Electrical Workshop through
the same gate pass against which the equipment was taken out. The assembling the motor and
finally taking the trial run including recording of results shall be carried out in the Electrical
Workshop as per the instructions of Engineer-in-charge.
The job involves the replacement of the damaged parts such as fans, bearings, and terminal
block only with prior approval. NFL shall supply spares required for such replacements.
The scope includes supply of all materials by the contractor like wires, insulating papers,
varnish, sleeves, hardware‟s suitable to cable lugs for above work.
Copper Winding Wires:
F Class motors should be wound with only polyster base copper wires for BIC Make shall be
used. All scrap/burnt copper wires shall be contractor‟s property if contractor supplies winding
wire.
Varnish:
Air-drying varnish of Dr. Beck shall be used for motor below 30 KW rating and for motor rating
above 30 KW contractor shall do baking type varnish. If required, NFL shall provide the facility
to use the electric oven.
Insulation Materials:
Contractor shall use best quality suitable for F Class insulations as per requirement of work
having following specifications:
Leathered papers of Paucer West Germany make of 0.82 to 0.83mm thickness.
Polyster papers of 8.2mm thickness (Milinex ) of Micanite Industries or equivalent.
Polyamide (Nomex) insulating paper for Class „F‟ of thickness 0.82 to 0.83mm for slot
insulation and for phase separation of Kremphel or Trivollon.
Polyamide base PVC coated insulating paper of thickness 0.2 to 0.3mm for slot insulation and (7
to 12 mills) phase separation for Class „F‟ Motors.
Empire Cloth
Empire cloth 0.2mm thick best quality shall be used.
Wedges
Hylam F Grade (1/8” to 1/6”) or fiberglass wedges shall be used.
Page 4 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
Sleeving:
Fiberglass sleeves shall be used for F Class insulation.
Lead Wires:
Copper flexible wires insulated for F Class shall be used for ICC or NICCO National Make. The
size of the lead wire shall be adequate to the current rating of motor.
Connecting Lugs:
Lugs shall be of Dowell Make of appropriating rating. Lugs shall be connected to the leads by
ICC method of jointing and soldering.
Winding Wires of motor shall not be removed by burning with direct flame. The coils shall be
removed either by burning it with use of DC current or by carefully removing it by mechanical
means. All care shall be taken to prevent any damage to the slots. The slots shall be properly
cleared.
The form and the manner and other technical details such as size, number of turns, pitch etc.,
shall be exactly identical to that of original motor under rewinding and recorded in the Performa
supplied by NFL.
The motors shall be re-winded by use of winding wires and insulating materials of contract
specifications and make as specified above. Brazing using Indian Oxygen make „RUPTUM‟
brazing wires shall make the coil connections. Tinning shall not be permitted for coil
connections. The ends of winding shall be brought to the terminal box with sleeved leads of
proper size. It shall not be brought to the terminal box directly with winding wire. These ends
shall be properly marked for connections.
Testing: You will carry out tests on motor/fans rewound by you. You may use NFL motor test
bench for testing of motor. If required NFL Engineer shall witness the test on motors carried out
by you at your works and test report/completion report of each motor in enclosed format shall be
submitted in duplicate along with motor.
If necessary, contractor shall have to replace any component of motors like bearings, fan
terminal block, bearing housing etc. If contractor wish to take only part of the equipment for
repair, dismantling of it, shall be done by contractor and after rewinding, contractor shall
assemble it. Contractor will bring necessary tools/tackles etc. for this job.
2. Rewinding of transformers with Contractor‟s Material:
Dismantling of transformer, core, rewinding, varnishing, baking, assembling and testing.
Contractor shall supply the complete material required for rewinding.
3. Rewinding of Ceiling Fans with Contractor‟s Material:
The job consists of re-winding of ceiling fans of any size and type received in Electrical
Workshop. The job involves rewinding, replacement of bearings/bushes, capacitors and
overhauling of fans. The tenderer or his authorized technicians has to dismantle the fans and
repair the same by replacing bearing/bushes or rewinding the same with super enameled copper
wire of entire satisfaction of Engineer-in-charge. The fans will be removed and re-installed by
NFL. Contractor shall supply the complete material required for rewinding.
4. Rewinding of Exhaust/Pedestal/Bracket-Fan with Contractor‟s Material:
The job consists of rewinding of exhaust/pedestal/bracket fans of any type received in Electrical
Workshop. The job involves rewinding, replacement of bearing/bushes, capacitors and
Page 5 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
overhauling of fans. The tenderer or his authorized technicians has to dismantle the fans and
repair the same by replacing bearing/bushes or rewinding the same with super enameled copper
wire of entire satisfaction of Engineer-in-charge. The fans will be re-installed by NFL.
Contractor shall supply the complete material required for rewinding.
5. Repair of Ceiling/Exhaust/Pedestal/Bracket Fans with Contractor‟s Material:
The job consists of minor repairing of winding/winding leads, replacement of bearings/bushes,
capacitors, overhauling of ceiling/exhaust/pedestal/bracket fans of any make/size up to the entire
satisfaction of Engineer-in-charge. The fans will be removed and re-installed by NFL.
Contractor shall supply the complete material except bushes.
6. Fabrication of New Rotor Shaft for Ceiling/Exhaust/Pedestal/Bracket Fans :
The job involves removal of damaged shaft from the rotor of ceiling/exhaust/pedestal/bracket
fans, fabrication of new shaft and re-fitting the same in rotor, checking the trueness, assembling
the fans with new/old bearings/bushes and finally testing as per instructions of Engineer-in-
charge. Shaft material and its fabrication will be in the scope of tenderer. The fans will be
removed and re-installed by NFL.
7. Transportation Charges:
The shifting of motors to the works of the Contractor and back to NFL Workshop shall be the
responsibility of the Contractor.
8. Materials:
The material supply shall be as mentioned above against each item. The contractor shall submit
the original invoices of all procurements of materials used for all rewinding jobs.
9. Tools and Tackles:
You have to keep all general tools for carrying out day-to-day job. However, special tools such
as bearing/pulley puller, bearing heater, oven, winding m/c, wooden places for making coil
pattern will be provided by NFL. You have to make arrangements for transporting the materials
from main stores, if needed.
10. Completion Time:
Each motor handed over for rewinding shall be repaired/rewound within time stipulated below.
However, in case of multiple motor breakdowns, second/subsequent motor shall be treated as
handed over to the contractor after completion of job on first motor.
Sr. No. Motor/Fans Delivery Time
1. Up to 15 KW 7 Days
2. Up to 22 KW 7 Days
3. Up to 30 KW 7 Days
4. Up to 45 KW 10 Days
5. Up to 75 KW 15 Days
6. Ceiling Fans 1200/1400mm Sweep 6 Fans/Week
7. ExhaustFan/Pedestal Fan /Cabin Fan /Circulating Fan 5 Fans/Week
8. Control Transformer 5 Days
Page 6 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
Ref No. NFL/Elect. /Workshop/Rew.- Motor/10/11
SPECIAL TERMS AND CONDITIONS OF THE CONTRACT
1. Time Schedule:
The contract will remain valid for a period of one year from the date of issue of Work order /LOI.
However, it can be extended for a period of three months on month-to-month basis at same rate, terms
& condition of the contract at the sole discretion of NFL, which shall be binding.
2. Deduction of Statutory Dues:
The following taxes/duties shall be deducted from the party's bill as per Statutory provisions: -
(a) Income Tax.
(b) Any other statutory levy which may be imposed by Govt.
3. Service Tax:
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 tenderer opts composition scheme for payment of service tax, then the amount of
service tax on the value of goods received free of cost from NFL(if any), shall be borne
by 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-I) and submitted along with technical bid in envelop-II.
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/ as per govt rules 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-II.
D. Payment on account of Service Tax shall be made based on Invoice/Bill raised by the
party separately indicating the amount of Service Tax, restricted to the quoted
proportion/rate of service Tax. The tenderer must provide copy of service Tax
Page 7 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
Registration Number, which should also be mentioned in Invoices/receipts along with
Service Tax Code and accounting code.
E. Any subsequent change in the rate of service tax shall be to NFL‟s account during
contractual period only.
F. 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.
4. Payment Terms:
Monthly payment against running bills shall be made based on joint measurement and submission of
following documents.
a) Invoice/Bill in triplicate.
b) The Contract shall submit his monthly bill within 1st week of the following month to the
Executing Department for verification and recommendation. In case contractor fail 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 minimum of Rs. 1000/- shall be recovered
from the bill.
c) Measurement Sheet duly certified by Engineer-In charge.
d) PF/Wage Statements.
5. Security Deposit:
The Contractor shall have to Deposit security @ 2.5% of the contract value after adjusting the
amount of earnest money deposited and the amount towards security deposited shall be deducted from the
monthly bills @ 7.5 % towards security deposit. The amount of security deposit shall be refunded after
six months from the satisfactory completion of the job.
In case, performance of the contractor is not satisfactory, the amount of security deposit shall be
forfeited. The EMD and security deposit shall not bear any interest.
6. E-payment:
NFL, Nangal Unit is having its Cash Credit Accounts with the 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 account with SBI, having EFT facility, 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.
7. Indemnity Bond:
The contractor shall indemnify NFL against loss, theft / damage of material due to any reason whatsoever
to the tune of Rs. 1.0 lac for this contractor shall submit an indemnify bond as per clause no. 4.03 of
G.D.C.C.
8. Penalty Clause:
If there is any delay in completion of work beyond the stipulated time the owner shall have no prejudice
in this behalf and shall be entitled to levy penalty for delay of the item at the rate of 1% per week or part
thereof for the delayed item subject to maximum of 10% of the work order value.
9. Risk & Cost: -
If it is felt at any stage that contractor is not capable to complete the job within the time schedule or not in
accordance with the standard specifications, NFL reserves the right to get the same executed from
another agency at his risk & cost.
Page 8 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
10. Guarantee Period: -
The rewinding work carried out by the contractor shall be guaranteed for six months after the delivery of
the repaired motor against bad workmanship or defective material. If any motor fails during the
Guarantee period due to bad workmanship or defective material, the same shall be re-wound by the
contractor free of cost.
11. Termination of Contract:
In case the performance of the contractor during the contract is not found satisfactory and there is breach
of any of the terms & conditions of the contract, NFL shall have the right to terminate the Contract
forfeiting of Security deposit or getting the job done at the risk and cost of the contractor at its sole
discretion.
12. Safety Code:
It is obligatory on the part of the contractor to abide by the terms and references as contained in the
Safety Code, violation of which will tantamount to disqualification of the contractor for any type of work
in NFL as well as the security deposit will also be forfeited”. The contractor is advised to collect the
safety code from the office of Safety Department on payment at prevailing price. The safety code forms
the part of contract.
14. Contractor Employees:
The contractor may employ such employee as he may think fit. The employee should be in the employees
of the contractor for all-purpose whatsoever and shall not be deemed to be in the employment of NFL for
any purpose whatsoever. The contractor shall abide by all rules, laws and regulations that may be in force
time-to-time regarding the employment or conditions of service of the employees. If under any
circumstances whatsoever, NFL is held responsible to the employees of the contract in respect of any
matter, the contractor for the same shall reimburse NFL. Any other expenses incurred by NFL as a result
of any claim contractor, NFL shall be entitled to claim demands or compensation from the contractor in
that event.
15. Security Gate Passes:
Contractor will be responsible to bring his staff inside the factory against a proper Gate Pass issued by the
C.I.S.F., NFL, and Naya Nangal. As and when some member of the contractor‟s working staff holding
Gate Pass ceases to remain in services for this contract job, the Gate Pass of that person is to be
surrendered immediately by the contractor. Failing compliance of this clause will be treated as Break of
Security Rules.
16. Job Allocation:
The motor winder must report to Engineer-in-charge Electrical Workshop daily on all working days
either personally or on phone to get the job status. The contractor shall intimate to Engineer-in-charge his
contact place/telephone Nos. to contact in case of any emergent job. He may be asked to report in
Electrical Workshop at any time including odd hours failing which contract shall be terminated at the risk
and cost of the Contractor.
16. Record Keeping:
Contractor who is doing the rewinding job has to record all data regarding rewinding of motor such as
wire size, quantity of wire used, coil sizes, coil pitch, bearing sizes etc. and has to record winding
Page 9 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
resistance and load current of the motor as per instructions of Engineer-in-charge of Electrical
Department.
17. Agreement:
The successful tenderer have to execute an Agreement on Non-Judicial Stamp Paper of Rs.15/- (Rupees
Fifteen Only) within Ten days from the issue of this work order as per the approved performa. The cost
of stamp paper shall be borne by tenderer.
18. In addition to Special terms & Conditions, GDCC shall form part of NIT and all terms & conditions
of GDCC shall be applicable. However, in case of any difference in the Special terms & Conditions and
GDCC, the Special terms shall be applicable.
19. Execution:
The contractor will be responsible for the safe execution of the work. In case of any damage to any
equipment directly or indirectly during the process of work, he will have to bear the loss.
20. Since this rate contract is for Rewinding of burnt induction motors. Ceiling fans, exhaust fans etc,
minimum value of contract is not guaranteed. The work will be carried out as and when required. The
payment will be made on the actual value of work done.
21. The party shall submit No relation certificate in the prescribed performa (Refer Annexure- II
enclosed). The duly filled performa shall be submitted in Envelope-II
22. Arbitration:
The contract shall be governed by and construed in accordance with the laws of India.
Contracts having contract value up to Rs.5.00 Lakhs.
Except where otherwise provided in the contract all matters, questions, disputes or differences
whatsoever which shall at any time arise between the parties hereto, touching the construction,
meaning, operation or effect of the contract, or out of the matters relating to the contract or
breach thereof, or the respective rights or liabilities of the parties, whether during or after
completion of the works or whether before or after termination, shall after written notice by
either party to the Contract be referred to Unit Head, NFL, Nangal Unit or his nominee whose
decision shall be final and binding upon both the parties.
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, vacate his office by any reason whatsoever then the
next arbitrator so appointed shall start the proceedings from where his predecessor left.
It is agreed by and between the parties that in case a reference is made to the arbitrator or the
arbitral tribunal for the purpose of resolving the disputes/differences arising out of the contract
by and between the parties hereto, the arbitrator or the arbitral tribunal shall not award interest on
the awarded amount more than the rate of SBI PLR or actual interest rate paid by the
owner(NFL) whichever is lower, prevailing on the date of award of contract.
Page 10 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
Civil courts jurisdiction is excluded in respect of above and for any cause of action in respect of
arbitration shall be subject to the principle civil court of original jurisdiction at Rupnagar only,
Distt. Rupnagar (Pb).
Subject to as aforesaid the arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made
there under.
Page 11 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
Annexure-I
To be submitted in Envelope-II
Declaration form pertaining to Service Tax.
NIT No. NFL/Elect. /Workshop/Rewinding Motor/10/11, Dated: ___________
Sub:- Job pertaining to Repair/Rewinding of LT motors up to 75KW, Ceiling Fans etc.
Sr.
No.
Description Qty. Unit Rates (In Rs.) Total value (In Rs.)
In Figures In Words In Figures In Words
1 A XX XX XX XX XX XX
2 B XX XX XX XX XX XX
3 C XX XX XX XX XX XX
Sub Total
* a)
The amount on which Service Tax
shall be charged / claimed (XX
%age of quoted amount)
Rs.___XX
*b) The amount of Service Tax at
prevailing rates i.e. 10.30%.
Rs._XX
Grand Total including Service Tax XX
Seal & Signature of tenderer
Notes: -
1. It is confirmed that all the columns marked XX as above have been duly filled in
the price bid submitted in envelope-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 bid and loading of Service tax under the
terms of NIT
Page 12 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
ANNEXURE II
(To be kept in Envelope No. II)
UNDERTAKING (No Relation)
(To be given by the tenderer at the time of submission of tenders)
I undertake that:
1. I am/any of the firm‟s partner / employee is not an ex-employee of NFL.
2. I am / any of the firm‟s partner / employee is an ex-employee of NFL, the detail of which is as under:-
Name : _____________________________
Department where worked : _____________________________
E.No. : _____________________________
Designation : _____________________________
Date of Superannuating from NFL: _____________________________
3 No relation of the firm is an employee of NFL.
4. The following employee/s of NFL is relatives of the proprietor /Partner‟s relative/s.
Name : _____________________________
Department where worked : _____________________________
E.No. : _____________________________
Designation : _____________________________
Date of Superannuation from NFL:_____________________________
Signature of Contractor with date and Seal
Page 13 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
ANNEXURE – III
(To be submitted in Envelope II)
Sub:- Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc..
Ref.: NFL/Elect. /Workshop/Rewinding Motor/10/2011/ Dated: 28.10.2011
UNDERTAKING
(To be given by the tenderer at the time of submission of tenders on their Letter Head)
1. It is Certified that our/ my, Firm / Company
is Registered under Micro/ Small/ Medium
Enterprises as per MSMED ACT, 2006 or
not.
YES
NO
2. Our / my, Firm /Company is Registered
under MSMED ACT, 2006 (Copy of
Registration is Enclosed) and Registration
No. is :-
Signature of Contractor
with date and seal
Page 14 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
ANNEXURE - IV
(This application is to be submitted in separate envelope by such contractor (s) who have down
loaded the tender documents from our web site. This application alongwith Demand Draft is to
be deposited with NFL before submitting the main tender)
Date: _____________
To
The DGM (E)
National Fertilizers Limited
Nangal Unit
Sub:- Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc..
Ref.: NFL/Elect. /Workshop/Rewinding Motor/10/2011/ Dated: 28.10.2011
Dear Sir,
With reference to your NIT No. NFL/Elect./Workshop/Rewinding Motor/10/2011/ dtd.
28.10.2011 and the tender documents displayed on your web site, we hereby submit our tender
for the subject work.
Since we have not purchased the tender document from your office and the tender document has
been down loaded by us from your web site, we are hereby enclosing a Demand Draft No.
_____________ dated _________ of ______________________________ (Bank)
amounting to Rs. 275.00 (Rs. Two Hundred Seventy-Five only), in favour of National
Fertilizers Limited, payable at Naya Nangal / Nangal towards the cost of tender documents.
Thanking you,
Yours faithfully
for & on behalf of Contractor
( _______________________ )
Signature (Seal)
Page 15 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
ANNEXURE-V
(To be submitted in Envelope II)
Sub:- Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc..
Ref.: NFL/Elect. /Workshop/Rewinding Motor/10/2011/ Dated: 28.10.2011
ACCEPTANCE OF TENDER CONDITIONS
I/We have personally read the NIT / General Directions & Conditions of Contract (G.D.C.C.) for
the subject work, and I/we accept all the terms & conditions as mentioned in the NIT/ G.D.C.C.
without any reservation and shall abide by the same.
for M/s_____________________
(Signature of Contractor/
Authorized Signatory with Seal)
Name______________________
Address:
Page 16 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
NIT (Rewinding of Motors up to 75 KW)
ANNEXURE-VI
( To be submitted in Envelope II)
Sub:- Repairs/ Rewinding of LT motors up to 75KW, ceiling fans etc..
Ref.: NFL /Elect. /Workshop/Rewinding Motor/10/2011/ Dated: 28.10.2011
UNDERTAKING
Dated: _____________
1. I/We hereby confirm that Commercial Bid i.e. Price Bid is strictly as per Schedule of
Quantities (Description/ Unit / Quantity of Items), Terms & Conditions and is also Un-
conditional, including rebates offered. I/We shall have no objection for rejection of the
offer if found conditional.
2. All the pages of NIT and Schedule issued to us have been signed for its validity and in
token of its acceptance by us.
for
M/s_____________________
(Signature of Contractor/
Authorized Signatory with Seal)
Name______________________
Address:
Page 17 NFL /Elect. /Workshop/Rewinding Motor/10/2011/
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National Fertilizers limited.
Nangal unit: Naya Nangal
Electrical Department.
General Directions and Conditions of Contract.
1.0 Definitions
1.01 NFL mean National Fertilizers Ltd., having their Registered Office at Scope Complex,
Core-III, 7-Institutional Area, Lodhi Road, New Delhi-110003 and its Corporate Office at
Scope A-11, Sector-24 Noida (UP) (hereinafter called the NFL/ Company) which
expression where the context so admits shall include their legal representatives, successors
and assignees or legal representatives.
1.02 Chief General Manager shall mean the officer in administrative charge of the National
Fertilizers Ltd., Nangal Unit Naya Nangal (Pb)
1.03 Engineer shall mean Engineer in executive charge of works and shall include superior
officers of the Engineering department of National Fertilizers Ltd.
1.04 The Engineer‟s representative shall mean the Assistant Engineer/Asstt. Project engineer in
direct charge of the works and shall include any junior engineer, Engineer Asstt. Or any of
the representative appointed by NFL.
1.05 Contractor shall mean tenderer whose tender has been accepted and shall include his legal
representatives, successor and permitted assignees in writing.
1.06 CONTRACT shall mean and include the LOI 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.
1.07 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.
1.08 SINGULAR/PLURAL words carrying singular number shall also include plural and vice
versa where the context requires.
1.09 INVITATION OF TENDR shall mean and include the present document together with
such supplement and addendum which may be issued by thereto later.
1.10 WORKS shall mean the works to be executed in accordance with the contract.
1.11 WORK SITE shall mean the site of NFL‟s Factory Premises, Offices, and Township etc. on
which the works are to be carried out and service(s) are to be performed under the contract.
1.12 COMPLETION TIME shall mean the period or date specified in the tender documents of
handing over the completed works to NFL.
1.13 PERIOD OF MAINTENANCE shall mean the specified period of maintenance from the
date of completion of work as certified by the Engineer.
1.14 SCHEDULE OF RATES shall mean the tender rates of contractor in respect of which the
tender has been accepted.
1.15 COMPLETION CERTIFICATE shall mean the certificate issued by the Engineer when the
works have been completed.
1.16 COMPLETION CERTIFICATE shall mean the certificate issued by the Engineer when the
works have been completed.
1.17 WRITING shall include various manuscripts, type written or statements under the signature
or seal of national Fertilizers Ltd. Provided to the contractor, permitted subcontractor or the
accredited representative as the case maybe or vice versa.
1.18 BATTERY LIMIT shall mean location of area including the scope of work and terms and
conditions, of contract, but does not restrict to same.
1.19 The ACCEPTING AUTHORITY shall mean Chief General Manager.
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2.0 INSTRUCTIONS TO TENDERERS
2.01 SUBMISSION OF TENDERS:
1. No oral, telephonic, fax or telegraphic tenders or modification thereof will be entertained.
2. For submission of tenders, this tender will be divided in three parts:
a) Earnest money.
b) Technical and commercial bid
c) Price bid
All tenders should be submitted in sealed envelope, duly super scribed as “Rewinding/
repairs of LT Motors up to 75 KW, Ceiling Fans etc”.
The envelope should contain three separate sealed envelopes therein as follows:
I. One sealed envelope will contain Earnest Money of Rs. 7200/- in the form of DD favoring
National Fertilizers Ltd, payable at SBI, Naya Nangal. This envelope should be inscribed
“Earnest Money “.
II. Second envelope inscribed „TECHNICAL AND COMMERCIAL BID‟ containing the
following documents:
a) Signed copies of complete tender documents, but excluding Performa for price bid as
enclosed. Each copy of these documents should be signed by tenderer in token of
acceptance of our terms and conditions.
b) Performance report from the other reputed customers of the similar job work.
III. Third sealed envelope inscribed, “PRICE BID- DO NOT OPEN‟‟ IN RED. This envelope
should contain the price bid as per Annexure „A‟ therein duly completed and signed by the
tenderer.
3. The price bid should be submitted in duplicate, clearly inscribing the name of the tenderer.
4. The tenderer shall quote for the total quantity.
5. THE PRICE BID SHOULD NOT CONTAIN ANY COMMERCIAL AND TECHNICAL
CONDITIONS/TERMS. SUCH TERMS AND CONDITIONS, IF ANY, SHOULD BE
MENTIONED IN TECHNICAL AND COMMERCIAL BID ONLY.
Tender must be submitted along with following documents:-
1. Tender.
2. Scope of work
3. General terms and conditions of contract.
4. Special conditions of the contract.
5. Schedule of quantities of rates and jobs.
6. PAN of 10 digit issued by department of income tax.
7. Notarized copy of Provident Fund Code No. allotted to contractor by Regional Provident
Fund Commissioner.
8. Latest finical status certificate from the bankers of tenderer.
9. Certificate by organizations here contractor had executed. Similar work in past three years.
10. Labour licence
11. Any other documents required by NFL.
2.02 Incomplete tenders/tender without earnest money and tenders received after the closing
date are liable to be out rightly rejected.
2.03 Tenderers are advised to inspect and examine the site and its surrounding and satisfy
themselves before submitting their tender including as to the nature of site, scope of work,
site conditions, the means of access to the site, the accommodation they may require and in
general shall themselves obtain all necessary information as to risks, contingencies and
after circumstances which may affect their tender. A tenderer shall to be deemed to have
full knowledge of the site whether he inspects it or not and novation of terms and condition
of contract including no extra charge consequent on any misunderstanding or otherwise
shall be allowed.
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2.04 Interested tenderer after studying all tender documents carefully may obtain necessary
clarifications, if any, in writing before tendering. Submission of tender implied that the
tender has obtained all the clarifications required. No claim on ground of want of
knowledge/clarification in no such respect will be entertained. No claim for extra charges
for misunderstanding or other wise will be allowed.
2.05 Each tenderer must satisfy himself of the conditions under which the services/contract to be
undertaken and should fully acquaint himself with all existing conditions limitations and
official regulations. Failure to comply with the above requirement will not relieve the
tenderer of his obligation in the event of his tender being accepted. Tenderer shall give
specific reason for rejections of such of the requirements as may not be acceptable. Unless
otherwise specifically stated in the tender, it will assumed athat the terms and conditions
specified in the „Invitation of Tender‟ is accepted by the tenderer without reservation.
2.06 Tenderers which do not fulfill all or any of the conditions laid down in this NIT, or contain
conditions not covered and or not contemplated of by General condition of contract and/or
special conditions of contract and or expressly prohibited there in or stipulate additional
alternate conditions shall be liable to be rejected.
2.07 The tenderer shall submit all documents issued to him for the purpose of this tender duly
filling in the same in all respects. The tenderer as token of acceptance of NIT terms and
conditions shall sign all pages of NIT and annexure(s).
2.08 Tenders containing erasures and alternations of the tender documents are liable to be
rejected. Any corrections made by tenderer in his/their entries must be authenticated by
him/them. The tenderer shall authenticate all pages of the tender document.
2.09 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.
2.10 The tenderer may please note that tenders are valid for 120 days from the date of opening of
price bid and if the work order is placed during the above period the tenderer will be bound
by the terms, conditions and rates quoted by him in his tender through out the period of
execution of the contract including extended period. If the tenderer withdraw or revokes
the tender or revises the terms and conditions of tender including tendered rates for all or
any item within a period of aforesaid 120 days his earnest money will be forfeited beside
other remedies available to NFL. The above period of validity of tender may be extended
with mutual consent of tenderer(s) and NFL
2.11 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 and conclusive for the
purpose of this contract.
2.12 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. If any ex- employee(s) of NFL is/are employed, with the tenderer,
name, designation, department and E.No. of such employee(s) be indicated and if any ex-
employee(s) of NFL is/are employed after acceptance of tender, the said particulars shall
also be intimated immediately in writing to NFL from time to time.
2.13 The terms “as described „‟, „‟as shown‟‟, „‟as directed‟‟, „‟as approved‟‟, “as completed‟‟,
“as mentioned‟‟ in the description of items shall mean as directed in design or drawings
and as directed by Engineer or his representative.
2.14 Chief General Manager 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 or split and award work
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between more than one tenderer without assigning any reasons whatsoever. He also does
not bind himself to accept the lowest tender.
2.15 The tenderer shall not be entitled to claim any cost, charges, expenses or incidentals for the
preparation and submission of this tender even if the Management may decide to withdraw
the “Invitation to Tender‟‟.
2.16 The award of work will be in accordance with the provisions of LOI, Work Order,
Agreement, NIT, special terms and conditions of the contract, instructions to tenderers,
General Directions and conditions of contract.
2.17 The following documents forming the contract are to be taken as mutually explanatory of
one another and in case of discrepancy the following order or performance shall be
observed:-
i) Agreement.
ii) Work Order
iii) Letter of intent
iv) NIT
v) a) Technical scope of work
b) Special terms and conditions etc.
c) GDCC
2.18 VARIATIONS: No variation of the clauses of this contract shall be valid unless made in
writing and 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 and other documents which supports to this contract.
2.19 The successful tenderer cannot change the status of his concern after submitting his tender
without prior approval of NFL in writing.
2.20 Not more than one tender shall be submitted by a tenderer or by a firm of tenderer(s). If
they do so, all such tenders shall be liable to be rejected.
2.21 The tender shall contain the name and style, residence(s) and place(s) of business of the
tenderer making the tender and shall be signed by the tenderer with his usual signature.
When the tender submitted is not in the name of an individual i.e. the tenderer is not a sole
proprietorship concern, the tenderer shall disclose the nature, constitution and registration
of the tendering firm along with appropriate supporting notarized documents and shall be
signed by person(s) duly authorized by the firm by means of legal documents/powers of
attorney and duly notarized copy of the same shall be attached with the tender. For
illustration, in the event of a tender being submitted by a partnership firm, it shall furnish
the full name of all the partners in the tender and shall annex a notarized copy of the
partnership deed to the tender. The tender must be signed and stamped in the partnership
name by all the partners or by a person holding a power of attorney duly authorized to do
so and such power of attorney or copy thereof duly attested by Notary Public shall be
produced with the tender, it must disclose whether the firm is a unregistered or a registered
concern of the tenderer. In case it is a registered company in that case notarized copy of
original registration certificate of respective registrar/or certified copy of registration by the
respective registrar shall also be annexed to the tender. Tender submitted by the
company/corporation shall be signed in the name of company/corporation with its
stamp/seal by a person duly authorized to do so and annex a notarized copy of such
authorization. The notarized copy of Memorandum and Articles of Association of such
company/corporation shall be annexed to the tender. The alike documents may also be
annexed to the tender by the tenderer in case the tenderer is any other legal entity. The
person signing the tender shall state his capacity as also the source of his ability to submit
the tender. The power of attorney or authorization, duly attested by any Notary/Magistrate,
of tender documents constituting adequate proof of the ability of the signatory to submit
the tender shall be annexed to the tender. The NFL may reject out rightly any tender
unsupported by adequate proof of the signatory‟s authority.
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2.22 NFL will not be responsible for any idle labour charges caused on account of
stoppage/suspension of work during the course of execution for any circumstances/reasons.
The rates quoted shall also not be affected by any change in the minimum wages payable
to the workers, as fixed by the competent authority from time to time.
2.23 The execution of the work may involve working at site in all whether conditions except as
stated by NFL, and no extra rate will be considered on this account. The contractor may
have to carry out the jobs to works round the clock as per NFL‟s requirement to be decided
by Engineer and the contractor should take this aspect into consideration for formulating
his rates and quotation . No extra claim(s) /overtime will be paid on this account.
2.24 The contractor should note that the work may have to be carried out in occupied areas,
buildings and plants where there will be restrictions in free working of the labour due to
office/plant activities, for which the contractor has to adjust his labour accordingly and
nothing extra will be paid for the same.
2.25 The contractor may have to carry out the work in running plant launder prevailing
conditions, and therefore:
a) They may have to place their materials and equipments etc. at a place safe for working
as per directions of the Engineer and nothing extra will be payable for any extra load
involved in executing the works at different locations in Factory, Plants, Offices/Township.
b) There may be hold ups/interruptions on this account and further contractor may have to
take extra precautions for working in factory plants, for which nothing extra shall be
payable.
2.26 The tender for the works shall not be witnessed by a tenderer or tenderer(s) who himself /
themselves has/have tendered for the same works. Failure to observe this conditions shall
render the tender of the tenderer(s), tendering as well as of those witnessing the tender,
liable for rejection.
2.27 WITNESS: Name, details of occupations(simply stating service/business is insufficient)
and complete addresses of the witnesses shall be stated below their signatures. Witness
shall be persons of status.
2.28 RETIRED NFL EMPLOYEES: No employees of the NFL is allowed to tender for a period
of two years after his retirement from the employment of NFL without the previous
permission of NFL in writing. The contract, if awarded, and the tenderer is found at any
time to be such a person , and has not obtained the permission of NFL in writing before
submission of the tender, NFL reserves its right to cancel the contract. Any tender by a
person aforesaid shall carry thereof on the face of the tender, and shall be accompanied by
a copy of the document by which the requisite consent is given. Such disqualification
shall apply also to every partner of a partnership firm, Director of company and constituent
of any other legal entity.
2.29 WORK DURING NIGHT OR SUNDAY AND HOLIDAY: Subject to any provisions
to the contrary contained in the contract, none of the permanent works shall be carried out
during night or on Sunday or on authorized holiday without the permission in writing of
Engineer except when the work in unavoidable or absolutely necessary for safety of life,
property or work in which case the contractor shall immediately advise the
Engineer/authorized representative of Engineer accordingly. However, to make up the
progress of work the Engineer/authorized representative of Engineer may allow the
contractor in writing to carry out the work even beyond normal hours and on
Sunday/Holiday, but in that event, NFL shall have right to recover the extra expenditure so
incurred for deployment of the staff beyond the normal hours and Sunday/Holiday
necessitated to make up the progress of work. The recoverable amount determined by the
Engineer shall be final and binding on the contractor.
2.30 WORKING HOURS: The normal working hours as observed in the factory area will be
adhered to as far as practicable, but the contractor shall work in two or three shifts round
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the clock, if required by Engineer or his authorized representative in order to maintain the
requisite progress at no extra cost to NFL.
2.31 The tenderer shall quote his/their rates with reference to each item and must tender for all
the items shown in the schedule of quantities.
2.32 The tenderer shall quote single rate against each item and not multiple rates. Any tender
with multiple rates quoted will be summarily rejected.
2.33 The quoted rates shall be applicable for execution of work at all level, heights and depths
unless specifically mentioned in particular item of schedule of quantities.
2.34 The price/rates quoted shall be all inclusive as provided, in respectof the schedule of
quantities, in the conditions of contract and the NFL shall not entertain any claim for
enhancement of the price(s) quoted on any account whatsoever.
2.35 The quantities shown against the various items approximate/tentative. Any increase or
decrease in the quantities should not form the basis for alteration of rates quoted. The
tenderer will have to execute any or all the jobs depending on the requirement of plant.
There shall be no guarantee for minimum quantum of work.
2.36 The contractor is required to quote reasonable rates for individual items strictly as specified
in schedule of quantities. Tender not complying with this stipulation is liable to rejection.
In case in the opinion of NFL, any particular item/percentage rate is exorbitantly high,
NFL reserves the right not to operate such item(s) under this contract and to get such
item(s) executed from any other contractor and no claim on this account shall be
entertained.
2.37 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 and requisite totals
be given for all items. The tendered amount for the work entered in the tender shall be duly
signed by the tenderer. If there are differences found between the rates given by the
tenderer 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 amount 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 totaling 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.
2.38 Rates quoted for material shall be FOR Naya Nangal and 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 and will not be payable by NFL. The rate be
quoted shall be firm and shall not be subjected to escalation irrespective of any increase
whatsoever.
2.39 The rates quoted by the tenderer shall remain firm till the completion of job/contract period
and also during the extended period, if any. No escalation on any ground shall be allowed,
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either on the maintenance charges or in case of spares. The rates quoted shall be inclusive
of all taxes and duties including sales tax on works contract, if any.
3.0 GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT:
3.01 Engineer shall have general supervision and direction of the works. He has authority to
stop the work, whenever such stoppage may be necessary to ensure the proper execution of
the contract. He shall also have authority to reject all work which do not conform to any of
the specifications, to direct the application of forces to any portion of the work as in his
judgments, is required and order the forces increased or diminished and to decide questions
which arise in the execution of the work.
Engineer reserves the right to suspend the work or part thereof at any time and no claim
whatsoever on this account will be entertained.
In case of any dispute, the contractor may appeal to the Engineer, whose decision shall be
final and binding.
3.02 CORRESPONDENCE: The contractor should furnish to the Engineer In charge the name,
designation and address of his authorized representative, attorney duly notarized and his
address All correspondence should in triplicate and invariable bear reference to this
contract number and date. All complaints, notices, communications and reference shall be
deemed to have been duly given to the contractor if delivered to contractor or his
authorized representative or posted to the address so given.
3.03 The contractor shall keep on his work during its progress a competent authorized
representative and necessary assistance. The representative shall represent the contractor in
his absence and all direction given to him shall be binding as if given to the contractor. In
no case the authorized representative can refuse to receive the instruction. The contractor
shall give efficient supervision to the work, using his best skill and attention.
If the contractor in the course of the work, finds any discrepancy between the drawing
and the physical condition of the locality or any errors or omissions drawings or in the
layout as given by points and instruction, it shall be his duty to immediately inform the
Engineer or his representative in writing and the Engineer shall promptly verify the same.
Any work done after such discovery, until authorized will be done at contractor‟s risk.
Neither party shall employ or hire any employee of the other party without his consent in
writing.
3.04 NFL‟s Lien on all moneys due :
NFL shall have lien on and overall or any money that may become due and payable to the
contractor under these presents, and or any other contract with NFL either alone or
jointly.
3.05 NFL not responsible for contractors 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 in the employment of NFL for any purpose whatsoever. The contractor
shall abide by all rules, laws and regulations that maybe in force from time to time
regarding the employment or conditions of service 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 the contractor in abiding by aforesaid rules, laws and
regulations or held liable or responsible to the employees of the contractor in respect of any
matter whatsoever, NFL shall be reimbursed by the contractor for the same as also any
other expenses or costs incurred by NFL on any proceedings or litigations as a result of any
claim , demand or act on the part of contract or NFL shall be entitled to claim damages or
compensation from the contractor in that event. The NFL reserve its right to deduct the
above stated claims/ expenses etc from the dues of the contractor whether under this
contract or any other contract or otherwise.
3.06 NFL may do part of work:
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Upon failure of the contractor to comply with any instruction given in accordance with the
provision thereof, the NFL shall have the alternative right, instead of assuming charge of
entire work, to place additional labour force, tool, equipment and materials on such parts of
the work, as the company may designate. In such case, without prejudice to any other
mode of recovery, NFL shall deduct from the amounts, which otherwise might be due to
the contractor whether under this contract or any other contract or otherwise the entire cost
for completing the work plus 25% (twenty five percent) added and should the amount
thereof exceed the amount due to the contractor, the contractor shall pay the difference to
NFL forthwith.
3.07 Completion certificate/final bill
The Engineer shall normally issue to the contractor the completion certificate within one
month after receiving an application thereof from the contractor after verifying from the
completion documents and satisfying himself that the work has been satisfactory
completed in all respect in accordance with the instructions, specifications of contract
documents.
The contractor after obtaining the completion certificate is liable to present the final bill for
the work executed by him. The final bill shall be prepared on the basis of the final
measurements entered in the measurement books/sheets. The final bill shall be prepared in
the prescribed Performa with reference to total work covered by the contract applying the
applicable rates, specified in the schedule of rates to the relative measured quantities. The
final bill shall also include all additional claims of the contractor and considered as
conclusive.
3.08 Certificate and payment do not signify:
No periodical certificate or payments made to contractor shall be 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 such
certificate from any risk or liabilities, to which may subject under the contract until the
final certificate thereafter referred to has been granted to the contractor subject to
warranty/guarantee/defect liability period described.
3.09 Final certificate:
Within 30 days of the contractor‟s application made after the expiry of the period of defect
liability provided for in clause 4.12 hereof on satisfaction of all liabilities of the contractor
in respect thereof, the Engineer shall issue final certificate that the contractor has
performed his obligations in respect of the defect liability period and until issue of such
final certificate, the contractor shall be deemed not to have performed such liabilities
notwithstanding issue of the completion certificate or payment of the final bill by NFL.
3.10 Contractor to indemnify NFL:
The contractor shall indemnify NFL and every officer and employee of 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, proceedings,
claims, demands, costs and expenses which may be made against NFL or Govt. for or in
respect of, arising out of any failure by the contractor in the performance of his obligations
under the contract documents.
3.11 Payments of claims and demands:
Should NFL have to pay any money in respect of such claims or demands the aforesaid
amount so paid and the cost incurred by NFL shall be deducted from the contractor‟s bill
or recovered otherwise and contractor shall not be at liberty to dispute or question the right
of the NFL to make such payments not withstanding the same may have been made
without its consent or authority or in law or otherwise to the contrary.
3.12 A contractor at his own risk and cost will make good, any damage or loss caused to plant
equipment etc during execution of this contract. In this regard decision of Engineer is
final and binding to the contractor.
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3.13 All the accidents to contractor staff will be reported to the safety officer promptly. This
will, however, not relieve the contractor of any statutory/other obligations.
3.14 Dispute not to held up works:
The successful tenderer shall not stop the work incase 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.
3.15 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.
3.16 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 NON-JUDICIAL
STAMP PAPER of the value of Rs.15/- (Rupees fifteen only) to be purchased by
contractor as specified in the work order. No payment will be released to the contractor
unless agreement is executed.
3.17 OVERPAYMENT AND UNDERPAYMENT:
When ever any claim for the payment of a sum of money of NFL arising out of or under
the contract against the contractor, the same maybe 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 maybe available with NFL or his security deposit or he shall
pay the claim on demand.
3.18 CONTRACTOR TO VISIT OFFICE : The contractor or his agent shall attend when
required and without making any charge for doing so, the office of Engineer NFL or his
representative, to receive the instructions and to deal with matters connected with this
contract.
3.19 FOR CLOSURE OF CONTRACT IN FULL OR INPART DUE TO ABANDONMENT
OR REDUCTION IN SCOPE OF WORK:
If at any time after acceptance of the tender ,NFL decide to abandon or reduce the
scope of the works for any reason whatsoever and hence not require the whole or any part
of the works to be carried out, the Engineer NFL 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 whatsoever on account of any profit or advantage which he might have derived
from the execution of the work in full but which he did not derive in consequence of the
foreclosure of the whole of the works.
3.20 The contractor shall be paid at contract rates full amount of the works executed at site and
in addition a reasonable amount as certified by the Engineer or his representative, NFL for
the items hereunder mentioned which could not be utilized on the work to the full extent
because of the foreclosure:
a) Any expenditure incurred on preliminary site work including partly completed work e.g.
temporary access roads, temporary labour huts, staff quarters and site office, storage,
accommodation and water storage tanks.
b) i) NFL shall have the option to take over contractor‟s materials or any part thereof either
brought to site for which contractor is legally bound to accept delivery from suppliers(for
in corporation or incidental to the work) provided, however, NFL be bound to take over the
materials or such portion thereof as the contractor does desire to retain. For materials
taken over or to be taken over by NFL, the cost of such materials shall be reimbursed to the
contractor taking into account purchase price, cost of transportation and deterioration or
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damage which may have been caused to the materials while in the custody of the
contractor.
ii) For contractor‟s materials not retained by NFL reasonable cost of transporting such
materials from site to contractor permanent stores or to his other works, which ever is less
shall be reimbursed to the contractor. If materials are not transported to either of the said
places, no cost of transportation shall be payable.
c) If any materials supplied by NFL are rendered surplus the same shall be returned by the
contractor to NFL at rates not exceeding those at which these were originally issued less
allowance for any deterioration or damage which may have been caused whilst the
materials were in the custody of the contractor. In addition, the cost of transportation of
such materials from site to NFL stores, if so required by NFL shall be paid to the
contractor.
d) Reasonable compensation for direct losses incurred by the contractor on account of
disposal of plant and equipment specially brought by the contractor for use in the work and
for any charges that the contractor has to pay to his suppliers or sub contractor for
cancellation of any order for supply of materials of cancellation of works by NFL.
e) Reasonable compensation for transfer of T&P from the contractor‟s permanent stores or to
his other works, whichever is less, shall be reimbursed to the contractor. If T&P are not
transported to either of the said places, no cost of transportation shall be payable.
3.21 TIME EXTENSION FOR DELAY :
The time allowed for execution of the work as specified in work order/letter of acceptance
of NFL or the extended time in accordance with these condition(s) shall be essence of the
contract. The date of the commencement of work shall be reckoned on the date on which
the LOI is issued or written order to commence the work or the date of handing over the
site, whichever is later. If the contractor commits default in commencing the execution of
the work as aforesaid , the NFL shall, without prejudice to any other right or remedy, be at
liberty to forfeit the earnest money/initial security deposit absolutely beside other
remedies.
3.22 As soon as possible after the contract is concluded the Engineer or his representative and
the contractor shall agree upon a time and progress chart. The chart shall be prepared in
direct relation to the time stated in the contract documents for the completion of the items
of the work. It shall indicate the anticipated dates of the commencement and completion of
various trades or sections of the work, after taking into account the anticipated sequence of
release of various work fronts, supply of the working drawings and the materials to be
supplied by NFL. The schedule shall be updated and amended periodically to ensure the
completion of the works by the stipulated date. The contractor shall complete whole work
as per schedule given to him on day today basis.
3.23 IF WORK DELAY BY:
a) force majeure or
b) abnormally bad weather or
c) local combination of workmen, strike or lockouts, affecting any of the trades of
d) delay on the part of the other contractor of the tradesman engaged by NFL in executing
work not forming part of the contract or
e) non availability of stores, which is the responsibility of the NFL to supply or
f) non availability of breakdown of tools and plant to be supplied by NFL or
g) any other cause which, in absolute discretion of the accepting authority is beyond the
contractor‟s control then upon the happening of any such event causing delay, the
contractor shall immediately give notice thereof in writing to the Engineer but shall
nevertheless use constantly his best endeavors to prevent or make good the delay and shall
do all that may be reasonably required to the satisfaction of Engineer to proceed within
work.
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3.24 Requests for the extension of time, to be eligible for consideration, shall be made by the
contractor in writing within fourteen days of the happening of the event causing delay with
documentary proof. The contractor may also, if practicable, indicate in such a request the
period for which extension is desired.
3.25 In any such case the accepting authority will consider the above request of the contractor
and may give a fair and reasonable extension of time for completion of the work. Decision
on such request for extension shall be communicated to the contractor by Engineer in
writing within 3 months of the date of receipt of such request by Engineer.
3.26 Should one or both parties be prevented from fulfilling their contractual obligations by
state of force majeure lasting continuously for a period of 15 days/month , The two parties
should consult each other regarding the future implementation of the contract.
3.27 The contractor shall at his own expenses and without delay supply to the Engineer sample
of materials proposed to be used in the works. The Engineer or his authorized
representative within a day of the supply of the same will intimate the contractor in writing
whether samples are approved by him or not. If samples are not approved, the contractor
shall forthwith arrange to supply fresh samples to the Engineer for his approval fresh
samples complying with the specifications laid down in the contract.
3.28 The Engineer shall have full powers to remove any or all the materials brought to site by
the contractor which are not in accordance with the contract specifications or do not
conform in character of quality to the samples approved by him. In case of the default on
the part of the contractor in removing the rejected materials, the Engineer shall be at
liberty to have them removed by other means. The Engineer shall have full powers to
direct other proper material to be substituted for rejected materials and in the event of the
contractor refusing to comply he may cause the same to be supplied by other means. All
risks and costs, which may occur upon for such removal and/or substitution shall be borne
by the contractor.
4.00 Contractor‟s obligations:
4.01 (i) The contractor shall deploy required competent qualified staff for inspection, charging
and other maintenance linked services.
(ii) All the materials issued to the contractor shall be returned to the NFL Management on
expiry of the contract and any shortfall or damage shall be recoverable from the contractor
at NFL issue rate/latest rate + 25% . All taxes will be charged extra. The issue of such
material will be at the discretion of NFL.
(iii) The contractor will be liable to maintain all the equipments provided in the factory
premises/workshop/offices/NFL township.
(iv) The contractor will provide his employees/staff/labour as per requirement of the job.
(v) The contractor shall on instruction of the Engineer immediately remove from the work any
person employed thereon who may misbehave or cause any nuisance or otherwise in the
opinion of the Engineer is not a fit person to be retained on the work and such person shall
not be again employed or allowed on the works without the prior permission of Engineer
in writing.
4.02 The contractor will work diligently to accomplish the work as detailed in the scope of work
and schedule of quantities within the schedule of completion. The contractor will also
accomplish the week progress as per the work plan prepared in consultation with the
Engineer or his representative and reach the milestone on the dates specified in the work
schedule and progress of work.
4.03 IDEMNITY BOND:- Contractor shall submit Indemnity Bond on a Non-Judicial Stamp
paper of appropriate value for the material, which is to be taken out from NFL site for
repair beside other remedies available to NFL . The cost of stamp paper shall be borne by
the contractor.
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4.04 Penalty:- If there is any delay in completion of work beyond stipulated schedule NFL shall
be entitled to levy penalty @ 1% per week or part thereof subject to maximum of 10%.
NFL also reserve its right to cancel the contract due to delay on part of contractor.
4.05 The contractor shall use his own tool appliance, implements, ladders, tackles, scaffolding
shuttering and temporary works requisite or necessary for the proper execution of work,
whether original, altered or substituted blank flanges and their testing arrangement will
have to be made by the contractor at his own cost. The contractor shall also supply without
additional charges to NFL, the requisite number of person with the means and materials,
necessary for purpose of setting out of work and counting, weighing and assisting in the
measurement or examination at any time and from time to time of work or materials.
Failing his so doing, the same may be provided by the NFL at the expense of the
contractor. The contractor shall also carefully preserve benchmarks, reference points and in
case of work full or careless destruction, he shall be charged with the resulting expenses
and shall also be responsible for any loss that may be caused by the mistake. The
contractor shall also provide all necessary fencing and lights required to protect the public
from accident and shall be bound to bear the expenses of defense of every suit, action or
other proceedings of law that may be brought by any person for injury/sustained owing to
neglect of the above precautions and to pay any damages and costs which maybe awarded
in any such suit action or proceedings to any such persons or which may with the consent
of the contractor be paid to comprise any claim by any such person.
4.06 TOOLS AND TACKLES: The contractor will use proper, high quality tools and tackles in
order to avoid damage to elements of the machinery. The tools used will be properly
calibrated. The Engineer or his representative on his sole discretion can stop the use of
tools and tackles which he considers can damage the equipment or are inaccurate. No make
shift arrangements will be allowed. However, special tools such as bearing/puller, bearing
heater, oven, winding wooden planks for making coil pattern will be provided by NFL on
free of cost basis.
4.07 All the contractor‟s materials, tools and tackles will be marked/punched with the name of
the contractor. All such material will be shown at the factory main gate and a certified
copy of material passed on the factory premises will be submitted to the Engineer or his
representative within one week‟s time. The stores of the contractor can be checked by the
Engineer or of his authorized representative for any unauthorized material not passed from
the factory main gate.
4.08 The contractor shall take reasonable steps necessary to ensure that the persons employed
on work in connection with the contract, have full knowledge of the “Official Secrets Act‟‟
and the regulations framed there under.
Any information obtained in the course of the execution of the contract by the contractor
his servant or agents or any persons so employed, as to any matter whatsoever, which
would or might be directly or indirectly be of use to any enemy of India must be treated as
secret and shall not at any time be communicated to any person.
The contractor shall return all the documents supplied to him after completion of the job.
4.09 Residential accommodation : The contractor shall make his own arrangements for
accommodation for himself or for his officers, staff, employees, and labour as well as their
transport. NFL will not permit construction of residential hutment for himself or for
contractor‟s officers, staff, employees and labour within the factory boundary wall.
4.10 The contractor shall be required to keep an order book at the site of work . Any special
order and instruction to be issued to the contractor shall be recorded in their book by
Engineer or his authorized representative. Each page of this book shall be numbered and
initialed by the Engineer or his authorized representative.
The book shall always be kept at site of work. The contractor shall sign all orders as token
of his having seen and noted. This book shall be the property of NFL, but its safe custody
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shall be the responsibility of the contractor. All the directions to be given to the contractor
shall be written in the order book or communicated in writing.
4.11 The successful tenderer shall afford all reasonable facilities and cooperation to various
other agencies and contractors for services not included in the contract, who maybe
working on the site simultaneously so that the entire work can be proceeded smoothly and
simultaneously to a successful completion. The tenderer must take all the aforesaid factors
into consideration while quoting the rates for tender and no extra charge will be allowed on
any grounds arising out of or relating to the aforesaid factors.
4.12 PERIOD OF LIABILITY
The contractor shall guarantee for the work done for a period of Six month, from the date
of issue of completion certificate. Any damage or defect may arise or lie undiscovered at
the time of completion certificate, concerned in any way with the equipment or material
supplied by him in the workmanship shall be rectified or replaced by the contractor or in
default the Engineer may cause the same to be made good by other alternative
arrangement and deduct expenses(of which the certificate of Engineer shall be final) from
any sums that may be due or at any time thereafter become due to the contractor or from
his security deposit, whether under this contract or any other contract or otherwise. The
security deposit shall be refunded after the expiry of defect liability period of Six months
after expiry of the contract or Twelve months from the date of supply of spares whichever
is later.
4.13 The contractor shall make his own arrangement for removal of old as well as unused
material including packing material and empty cases free of cost from work site to the
place indicated by the Engineer after completion of work and nothing extra will be paid
and return the said material to NFL without any charges.
4.14 MEDICAL TREATMENT IN CASE OF ACCIDENT.
It shall be the responsibility of the contractor to give medical treatment to his injured
staff/workman/employee, who has met with an accident arising out of and during the
course of employment in case, the contractor fails to give medical treatment the company
shall do so and shall recover the expenditure on account of medical treatment from the
contractor‟s bill or from other dues of the contractor, if any or otherwise recover the same
from contractor.
4.15 As a safeguard against the entry of bad elements into the work site including factory
premises/plants/office/schools/ townships, the contractor should get the antecedents of his
staff/employees/labour verified by him before employing them.
4.16 On every running bill/final bill, the contractor shall give a certificate to the effect that the
payment to the employees/staff/labour engaged by him has been made before submitting
the bill to the Executive department of NFL.
4.17 After examining the same, the above facts shall be verified by the concerned
representative of Engineer. and a similar certificate shall be issued, but such verification
shall not absolve the contractor of his liabilities.
4.18 The contractor shall maintain a record for the payment made to his staff/employees/labour
engaged by him and such records shall be liable to inspection by Representative of
Engineer/ Personnel Department and labour inspector of State Govt. as and when
required, but such inspection shall not absolve the contractor of his liabilities.
4.19 The contractor shall pay wages to the workmen directly without the intervention of any
other agency and contractor shall ensure that no amount by way of commission or
otherwise is deducted or recovered by any other agency.
4.20 The contractor has to pay minimum wages to his workmen fixed by the Punjab Govt from
time to time. However, payments will be made by NFL to contractor as per his quoted
rates.
4.21 The following records and registers are required to be maintained by the contractor as per
the Contract(Regulation and Abolition)Act, 1970.
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(i) Registere of persons employed in Form No.XIII(Rule 75)
(ii) Employment Cards : Every contractor is required to issue an employment card in Form
No.XIV to each worker within three days of the employment of the worker(Rule 76).
(iii) Muster roll wages register, deduction register and OT register.
a) Muster Roll- Form No.XVI
b) Wage Register Form No.XVII(Rule 75)
c) Register of deductions for damages or loss(Form XX)
d) Register of fines, Form XXI
e) Register of advances (Form XXII)
f) Register of over time (Form XXIII)
g) Wage Slip (Form XIV)
4.22 Following statutory obligations shall also form part of NIT and contractor shall comply
with the same including :-
i) Contract Labour (Regulation & Abolition)Act,1970
ii) Minimum Wages Act,1948
iii) EPF & Misc. Provisions Act,1952
iv) Factories Act, 1948
v) Workmen Compensation Act,1923
vi) The payment of Wages Act,1936
vii) Any other Act framed by the State/Central Govt. from time to time and relevant to the
above contract.
4.23 Contractor if employ any worker shall have registered with PF authorities and contractor
shall have its own Provident Fund(PF) Account Number and he will ensure compliance
with all the requirements of EPF & Misc. Provisions, Act, 1952 for his
staff/employees/labour/workmen. In case of non compliance of deposit of contractor‟s as
well as employee contribution by contractor, NFL reserve the right to provisionally retain
50 % of the contractor‟s payment besides other remedies available to NFL. Contractor
shall submit to NFL notarized copy of the PF code account number allotted to
contractor.
4.24 The contractor should ensure that all persons engaged by him are medically fit and shall
keep with him a certificate to that effect. NFL doctor may also examine his employees any
time and any of these declared unfit shall be replaced by the contractor, but such
examination shall not absolve the contractor of this liabilities.
4.25 The contractor shall indemnify NFL against any loss/injury while performing duty whether
in station or out of station.
4.26 The contractor shall comply with all central, State laws in force from time to time.
4.27 Any act on part of the contractor or his employees which will be prejudice to the reputation
of NFL, shall constitute grave breach of condition of the contract and shall render the
contract liable for termination within 48 hours notice. In such event, the security deposit
held by NFL shall be forfeited without prejudice to any other remedy to which NFL may
be entitled.
4.28 All charges on account of octroi, terminal, entry tax, taxes including, levies, sale tax and
other duties including custom and excise etc. on materials obtained for the works from any
source (excluding materials supplied by NFL) shall be borne by the contractor. Further that
any levy duty, tax including sales tax imposed on works contract or materials supplied for
the works contract shall be borne by the contractor and shall not be reimbursed or paid by
NFL. That the contractor shall also be liable for any new taxes duties, or levies imposed by
the Govt. or any authority after submission of tender (to NFL) by the tenderer.
4.29 The Engineer shall be entitled to carry out the tests as specified in the contract for any
materials supplied by the contractor other than those for which, as stated above,
satisfactory proof has already been furnished at the cost of the contractor and the contractor
shall provide at his expense all the facilities which the work may require. If no tests are
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specified in the contract and such tests are required by the Engineer, the contractor shall
provide all facilities required for the purpose and the charges for these tests shall be borne
by the contractor only if the tests disclose that the said materials are not in accordance
with the provisions of the contract. The cost of the material consumed in test shall be borne
by the contractor in all cases except when otherwise provided.
4.30 SAFETY REGULATIONS:- It is mandatory on the part of the contractor to abide
by the terms and references as contained in safety code. The contractor shall observe and
abide by all fire and safety regulations of the NFL. Before starting maintenance work, the
contractor shall consult with the Engineer. He will arrange safety work permit if required.
Contractor shall make all arrangements, as specified by safety department before starting
the job. The contractor shall be responsible for and must make good to the satisfaction of
the NFL any loss or damage due to fire to any portion of the work to be done under this
agreement or to any of the NFL‟s existing property.
All the accidents to contractor‟s staff will be reported to the Engineer promptly. This
will however, not relieve /absolve the contractor of any statutory and other obligation/
liabilities. Any violation of safety code/regulations will tantamount to disqualification of
the contractor or any type of work in NFL as well as the security deposit will be forfeited
beside other remedies available to NFL .
4.31 The decision of Engineer for determing the category of work with reference to
material of any item not mentioned to scope of work shall be final.
4.32 The contractor shall ensure that all steps be taken towards ensuring safety from fire etc.
and follow all instructions regarding safety issued by NFL from time to time.
4.33 The contractor shall not assign or sub let the contract or any part thereof or allow any
person to become interested therein any manner whatsoever without NFL‟s written
permission. Any breach of this condition shall entitle the NFL to determine the contract
under clause 8.14 of these conditions and shall also the tenderer/contractor liable for
payment to NFL in respect of any loss or damage arising or ensuing from such cancellation
of contract. The permitted sub letting of service by the contractor shall not absolve the
contractor of any responsibility under the contract. In the event, sufficient dues are not
available to reimburse NFL for the expenditure incurred by it for the above, the contractor
shall reimburse NFL for the same.
4.34 The contractor should ensure that the labour employed by him is confined to the specified
area of work for which the contract has been awarded, it is also the responsibility of the
contractor to ensure that the labour so employed by him does not got to the other areas of
the plants etc.
4.35 USE OF INTOXICANTS;- The sale and use of ardent spirits or other intoxicants
beverages on the work or in and the buildings, encampments of tenements owned,
occupied by or within the control of the contractor or any of his employees shall be
forbidden and the contractor shall ensure strict compliance with this conditions.
4.36 Female labouers shall not be allowed to work in the plant area unless specifically permitted
by Engineer.
4.37 SECURITY GATE PASS;-
a- Contractor will be responsible to bring his staff inside the factory against a proper Gate
pass issued by the CISF NFL, Nangal . As and when any or some member(s) of the
contractor‟s working staff holding gate pass ceases to remain in service for this contract
job the Gate pass of that person is to immediately surrendered by the contractor. Failing
compliance of this clause amounts breach of contract.
b- Contractor will apply for and manage with the minimum number of photo gate passes
which are actually required for daily work. Such numbers to be worked out and
recommended by the contract awarding authority.
c- Contractor would not be issued new gate passes until he accounts for and deposits already
issued invalid gate passes with CISF.
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d- Contractor is bound to keep all the valid photo passes in his custody during the contract
period. In case of loss/damage to the pass, he is required to report in writing to CISF
through the department with one copy to Engineer immediately without any loss of time to
avoid its misuse/ risk.
e- To regularize the loss, a detailed report with the circumstances under which the loss has
occurred mentioning date, time, place and number of the individual whose gate pass has
lost, with the recommendations of the contract awarding authority is required to be
submitted to CISF by the contractor.
f- Contractor shall note that in the event the invalid gate passes are not deposited by the
contractor with CISF within the period of three months from the date of its expiry the
recovery at the rate of Rs.50/- per gate pass will be made from their bills and thereafter no
request for refund of this amount will be entertained.
g- Payment of final bill will be made to the contractor only after submission of certificate
from CISF that all the gate passes issued to the labourers of the contractor have been
returned alternatively no objection certificate may be provided from CISF.
5.0 NFL‟s OBLIGATIONS;
5.01 NFL may provide at its discretion and for the duration of the execution of work land for
putting temporary god owns / workshop for making storage/work site office required for
execution of the contract.
5.02 Water, steam, air compressed air and Electricity will be provided subject to facilities
available at site(at one point near the site to be mutually decided between NFL and
contractor) on free of charge response phase 50 C/s supply: Chargeable at the commercial
rates applicable from time to time. No claim whatsoever shall be entertained by NFL on
account of failure to provide above facilities by NFL. All installations for the distribution
system shall be done and maintained by the contractor at his own cost as per prescribed
rules. NFL may give crane construction aids to contractor, if required free of charge,
subject to availability.
5.03 NFL may provide at its own discretion user‟s certificate and any other assistance required
for procuring material if requested by the contractor.
5.04 a- Waste – 3% material will be supplied extra against waste.
b- Returnable Scrap: exceeding 3% of selected size (only one dimension 300 mm or weight
more than 5 kgs) will be accepted back and equivalent quantity will be issued in standard
sizes available.
c- No scrap will be allowed to be taken out of factory premises. All scrap will have to be
returned to NFL Stores.
d- Wastage over and above that mentioned in (a) and (b) above will be charged as per
relevant clause.
e- Allowance for waste is applicable on steel fabrication only.
6.00 MATERIALS TO BE SUPPLIED BY NFL TO CONTRACTOR
6.01 If after the acceptance of the tender, the contractor desires the NFL to supply any material
not specified in the preamble to schedule of quantities on request of the contractor subject
to its availability in NFL stores maybe issued to the contractor at the rate to be fixed by
NFL at store issue rate plus departmental charges at the rate of twenty five per cent. All
taxes shall be charged extra.
6.02 For the material listed in schedule, if any, which the NFL has agreed to supply the
contractor shall give a reasonable notice in writing of his requirements to Engineer in
accordance with the agreed phased programme. Such material shall be supplied for the
purpose of the contract only. At the time of the submission of bills, the contractor shall
properly account for materials issued to him to the satisfaction of Engineer. and shall
further certify that the balance of materials supplied are available at site and at the time of
submission of final bill, proof that the unused material has been returned to NFL.
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6.03 All materials issued to the contractor by NFL for incorporation or fixing in the work
including preparatory work shall on completion of work or on foreclosure by NFL or
abandonment of the work by contractor be returned by the contractor at his expense at
place of issue after making due allowance for actual consumption, reasonable wear and
tear and/or waste. If the contractor is required to deliver such materials at a place other
than the place of issue, he shall do so and the transportation charges from this site to such
place less the transportation charges which would have been incurred by the contractor and
such materials been delivered at the place of issue shall be borne by NFL.
6.04 Surplus materials returned by the contractor shall be credited to him by NFL at the rates at
which these were originally issued to him provided these are returned in the same form and
condition in which they were issued.
6.05 If on the completion of works or on fore closure of work by NFL or abandonment of work
by the contractor, the contractor fails to return the surplus materials out of those supplied
by NFL then in addition to other liability which the contractor would incur, the Engineer
may by a written notice to the contractor, require him to pay within a fortnight of the
receipt of the notice, for such unreturned surplus materials, at double the issue rates or the
market rates, whichever are high failing which amount will be deducted from the
contractor‟s bill without prejudice to any other mode or remedy available to NFL.
6.06 All material issued to the contractor by the NFL shall be preserved by contractor against
deterioration while under contractor‟s custody. Any damage/loss suffered on account of
such deterioration shall be considered as losses suffered due to default of the contractor
and he shall be liable to compensate NFL for the loss suffered at the panel rates to be
determined charged by NFL for the purpose of recovery shall be finalized by NFL and
shall be binding on the contractor.
6.07 All materials shall be issued during the working hours of NFL Stores department regarding
issue and receipt of materials and no claim shall be entertained due to any delay or
hindrance on account of above. Contractor have to make his own arrangements for
transporting the materials from NFL stores to site.
6.08 The contractor shall comply with the rules/procedure/instructions that would be in force in
NFL Stores Department regarding issue and receipt of material and no claim shall be
entertained due to any delay or hindrance on account of above.
6.09 The contractor also shall not be entitled to claim any compensation from NFL for the loss
suffered by him on account of the delay by NFL in the supply of materials. In case of
such delay in the supply of materials, the NFL shall grant such extension of the work as
shall appear to the accepting authority to be reasonable in accordance with the
circumstances of the case. The decision of the accepting authority as to the extension of the
time shall be final and binding on the contractor.
7.0 EARNEST MONEY
The tender shall be accompanied by EMD of Rs.7200/- in the form of Bank Draft only,
drawn in favour of National Fertilizers Ltd., payable at Nangal, preferably on SBI, Naya
Nangal. Tenders without the requisite amount will not be accepted. DD payable at
locations other than Nangal/Naya Nangal shall not be accepted.
EMD will not earn any interest.
EMD will be refunded after finalization of tender only to the unsuccessful bidders. EMD of
successful tenderer shall be converted into Security Deposit.
In case any tenderer backs out from any clause/rates quoted in his offer, the EMD will be
forfeited without any further reference and without prejudice to other remedies.
8.00 SECURITY DEPOSIT/PAYMAENT TERMS:
Initial security deposit @ 2.5 % of contract value will be deposited before start of work.
EMD already deposited by successful tenderer will be adjusted in security deposit. Balance
security deposit @ 7.5% will be deducted from each bill and bills in triplicate will be
normally submitted to Engineer in-charge of Electrical deptt., in the subsequent first week
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of the month in which the work has been executed, who will check the bill, verify and
forward to D.G.M. (Electrical) for making payment. All running accounts payments shall
be regarded payments by way of advance against the final payment only. 90% payment
shall be released within 30 days after the acceptance of the bill provided bills are
complete/in order in all respects including the following:-
i- Details of the upto date consumption of different material issued to the contractor by NFL.
ii- A copy of the muster roll regarding all the labour deployed by the contractor, duly verified
by the representative of NFL.
iii- Notarized copy of insurance cover under Employees State Insurance Act, 1948 when
applicable and/or workmen‟s compensation Act, as the case may be, as per clause 8.12 for
all the labour/persons deployed for execution of contract.
iv- Notarized copy of details of PF deposited for labour/persons deployed for execution of
contract. Payment on account of amount admissible shall be made after submission of
above documents by the contractor to NFL.
8.01 Security deposit will be refunded to contractor after payment after the defect liabilities
period which will be 6 calendar months from the date of successful completion of contract.
Any request of contractor will be entertained for submitting Bank Guarantee in lieu of
Security Deposit.
8.02 Extra and/or substituted items:
NFL shall have power to make any alteration in, omission from addition to or substitution
for the original specifications, drawings, designs and instructions which may be considered
necessary during the progress of the work and contractor shall carry out the work in
accordance with any instruction, which may be given to him in writing duly signed by
Engineer or his authorized representative. Such alterations, omission, additions and
substitutions shall not invalidate the contract and any altered, addition or substituted work
which the contractor may be directed to do in the manner above specified as a part of the
work shall be carried out by the contractor on the same conditions in all respects on which
he has agreed to do the main work. The time for the completion of the work shall be
extended /reduced in proportion that the altered, additional substituted or omitted work
bears to be original contract work and the certificate to be issued by NFL shall be
conclusive as to such proportion. The rates for such additions, altered or substituted work
under this clause shall be worked out in accordance with the following provisions in their
respective order.
8.03 Extra and/or substituted items:
If the rate for the additional altered or substituted work are specified in the contract for the
work, the contractor is bound to carry out the additional, altered or substituted work at the
same rate as per specifications in the contract for the work.
In the event, the extra work of the contract does not fall in the category as above, the cost
will be calculated on the basis of actual labour and consumable materials utilized for the
job. The quoted rates for labour will be inclusive of overhead profit. The consumable
material used will be paid on actuals. The quantum of labour and the consumable material
used will be paid on actual. The quantum of labour and the consumable material used will
be assessed by NFL whose decision in this respect will be final and binding upon the
contractor. For this purpose, the contractor shall quote the daily wages of various
categories of skilled/semi skilled and unskilled staff as per annexure. The contractor shall
be required to submit documentary evidence acceptable to NFL, in support of price of
materials, NFL will have the option to get the additional, altered work done departmentally
or through any other contractor.
The contractor will be required to obtain prior approval of NFL for rates payable to him for
such extra items.
8.04 PROCEDURE FOR MEASUREMENT/BILLING OF WORKS IN PROGRESS:
i) Measurement and billing.
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All measurement shall be in metric system. All the works in progress will be jointly
measured by the representative of the Engineer in charge and the contractor or his
authorized representative , progress as per methods outlined in the special conditions of the
contract. Such measurement will be got recorded in measurement book by the Engineer in
charge or his authorized representative.
ii) Running Account payment.
All running account payments shall be regarded as payments by way of advance
against the final payment only.
iii) Completion certificate/final bill.
The Engineer in charge shall normally issue to the contractor the completion certificate
within one month after receiving an application thereof from the contractor after verifying
from the completion documents and satisfying himself that the work has been satisfactory
completed in all respect in accordance with the instructions, specifications of contract
documents.
The contractor after obtaining the completion certificate is eligible to present the final bill
for the work executed by him. The final bill shall be prepared on the basis of the final
measurement entered in the measurement books/sheets. The final bill shall be prepared in
the prescribed Performa with reference to total work covered by the contract applying the
applicable rates, specified in the schedule of rates to the relative measured quantities. The
final bill shall also include all additional claims of the contractor, if any, and considered as
conclusive.
iv) Final Certificate:
Within fifteen days of the contractor‟s application made after the expiry of the period of
defect liability provided for in clause 4.12 hereof on satisfaction of all liabilities of the
contractor in respect thereof, the Engineer in charge that the contractor has performed his
obligations in respect of the defect liability period and until issue of such final certificate,
the contractor shall be deemed not to perform such liabilities notwithstanding issue of the
completion certificate or payment of the final bill by NFL.
8.05 NFL may with hold payment to such an extent as may be necessary to protect itself from
loss on account of :
a) Defective work not remedied.
b) Failure of the contractor to make payment properly to the permitted sub contractor or for
the materials or his staff/employees/labour.
c) Damage to another contractor or NFL property.
d) Reasonable doubt that the contract cannot be completed from the balance then incomplete.
e) Claims filed or reasonable evidence indicating probate filling of claims.
f) For other reason mentioned elsewhere in the contract.
8.06 NFL reserves the right to carry out post payment audit and technical examination of the
final bill including all supporting vouchers abstracts etc. NFL further reserves the right to
enforce recovery of any over payment when detected notwithstanding the fact that the
amount of final bill may be included by one of parties as an item of the dispute before an
arbitrator appointed under clause-9 notwithstanding the fact that the amount of final bill
figure in the arbitration award which is under challenge.
8.07 If as a result of such audit and technical examination any over payment is discovered in
respect of any work done by the contractor or alleged to have been done by him under the
contract, it shall be recovered by NFL from contractor by any of the methods prescribed
above or if any under payment is discovered the amount shall be duly paid to the contractor
by NFL provided that the aforesaid provision for payment of under payments and
adjustments of over payment shall not extend beyond the period of 3 years from the date of
payment of the final bill or in case the final bill is a minus bill, from the date of minus final
bill is communicated to the contractor.
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8.08 Any amount due to the contractor under this contract for under payment may be adjusted
against any amount then due or which may at any time thereafter become due, before
payment is made to the contractor, from his dues with NFL on any other contract or
amount whatsoever or may recover from contractor by any other mode.
8.09 The Contractor shall maintain all prescribed registers, record and other documents in
compliance with applicable labour laws and allow NFL representative access to these
documents for such investigation inspection or enquiry as may be desired by the company
to see that the provisions of all labour laws are being properly complied with by the
contractor. It is, however, clearly understood that the contractor shall not be absolved of
any of his responsibility for any breach or violation of rules and regulations under the
respective acts, either by such investigation or inspection or enquiry by NFL or not having
made such an investigation or inspection or enquiry.
8.10 The contractor shall at all times keep NFL indemnified against all claims, damages or
compensation under the provisions of the payment of wages Act, 1936, Minimum Wages
Act, 1948,Employees Provident Fund and Miscellaneous Provisions Act, 1952, Employers
Liability Act, 1938, Workmen‟s Compensation Act, 1923, Industrial Disputes Act, 1947
and the Contract Labour (Regulations and Abolition ) Act, 1970, Employment of Child
Labour Act, 1947, 1938 or any other law relating thereto and rules made there under from
time to time as a consequence of any accident or injuries to any workmen or other persons
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 or his agents or servants
and also against all costs, charges and expenses of any suit, action proceeding arising out
of such accident or injury and against all sum or sums which may with the consent of the
contractor be paid to compromise or compound any claim. Without limiting his obligations
and liabilities as above provided, the contractor shall ensure against all claims damages or
compensation payable under the Workmen‟s Compensation Act,1923 or any modifications
thereof or any other law relating thereto.
8.11 FORCE MAJEURE:
Neither party shall be liable for any claim on account of any loss, damage or compensation,
whatsoever , arising out of any failure to carry out the terms of this contract where such
failure is caused due to war, hostilities, revolutions, epidemics, rebellion, mutiny, civil
commotion, fire riots, earthquake, drought, floods, civil commotion, strike, act of God or
due to any restraint or regulations of the State or Central Govt. or a local
authority/authorities provided a notice of such occurrence is given to other party in writing
within ten days of the occurrence of force majeure conditions, furnishing therewith a
documentary evidence supporting the invoking of force majeure clause. On cessation of
force majeure, the party invoking force majeure conditions shall also give documentary
evidence thereof to this effect i.e cause of force majure and for the duration of force
majure. In case of force majeure lasting continuously for a period of two months, the two
parties should consult each other regarding the future execution of the contract. No other
cause shall be considered to be the cause of force majeure.
8.12 INSURANACE:
i) The contractor shall at its own expense carry and maintain insurance as per employees
State Insurance Act, 1948(up to date) when applicable for its employees and shall
indemnify and hold harmless NFL from all liabilities whatsoever 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
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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) Workmen‟s Compensation Insurance Cover should be taken for all the persons engaged by
the contractor.
iii) Insurance Policy should be for all the full contract period of one year shall get
extended/renewed for the extended period of contract, if any.
iv) Contract number should be mentioned in the Insurance Policy.
v) Medical treatment should also be covered in the policy in addition to the workmen
compensation as per Act.
vi) The contractor is required to get the insurance policy endorsed in favour of NFL in terms
of endorsement No.140 extending the policy for indemnity to principals.
Vii) Third party insurance required, if any, shall be arranged by the contractor at his own cost.
viii) The contractor shall not be allowed to put his staff /labour/employees on work until and
unless he obtains insurance cover for all the supervisors/workers engaged by him. The
contractor immediately before start of work must submit the notarized photocopy of
insurance cover.
8.13 The decision of Engineer in charge of NFL shall be final in regard to all matters relating to
this tender.
8.14 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 continue to do so after a notice in writing of 14 days from NFL 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 purpose 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 any part thereof, 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 NFL or
xi) Fail to adhere to the agreed programme of work or
xii) Contravenes any provision of contract or
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xiv) Shall obtain a contract with NFL as a result offering tendering or other non bonafide
methods of competitive tendering or
xv) if the contractor is an individual or a proprietary concern and the individual or the
proprietor dies and if the contractor is a partnership concerned 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 of the deceased contractor or 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 right to adopt any or several of
the following course:-
i) Award parallel contract and/or
ii) To recover from contractor any loss incurred by NFL when the contractor unable to
execute the contract and/or
iii) Terminate the contract and/or
iv) Forfeit the earnest money security deposit and/or
v) To get the execution of contract for the remaining period at the risk and cost of the
contractor and/or
vi) Delist/blacklist the contractor
9.0 ARBITRATION:
The contract shall be governed by and construed in accordance with the laws of India.
Contracts having contract value up to Rs.5.00 Lakhs.
Except where otherwise provided in the contract all matters, questions, disputes or differences
whatsoever which shall at any time arise between the parties hereto, touching the construction,
meaning, operation or effect of the contract, or out of the matters relating to the contract or
breach thereof, or the respective rights or liabilities of the parties, whether during or after
completion of the works or whether before or after termination, shall after written notice by
either party to the Contract be referred to Unit Head, NFL, Nangal Unit or his nominee whose
decision shall be final and binding upon both the parties.
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
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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, vacate his office by any reason whatsoever then the
next arbitrator so appointed shall start the proceedings from where his predecessor left.
It is agreed by and between the parties that in case a reference is made to the arbitrator or the
arbitral tribunal for the purpose of resolving the disputes/differences arising out of the contract
by and between the parties hereto, the arbitrator or the arbitral tribunal shall not award interest
on the awarded amount more than the rate of SBI PLR or actual interest rate paid by the
owner(NFL) whichever is lower, prevailing on the date of award of contract.
Civil courts jurisdiction is excluded in respect of above and for any cause of action in respect of
arbitration shall be subject to the principle civil court of original jurisdiction at Rupnagar only,
Distt. Rupnagar (Pb).
Subject to as aforesaid the arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made
there under.