Page 1 of 24 E-Mail: [email protected](TEHCNICAL SERVICES) TENDER DOCUMENT For “ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED NATURE IN TECHNICAL SERVICES FOR 2015-16 NIT No. Chem.Lab/15/16/1054 Date : DUE DATE OF RECEIPT OF TENDERS: 14.10.15 DUE DATE OF OPENING OF TENDERS: 14.10.15 THIS DOCUMENT CONTAINS: CONTRACT CONDITIONS 22 SCHEDULE OF QUANTITIES 02 TOTAL PAGES 24 Signature of Tender Issuing Authority
validfor120daysfrom the date of opening of tenders for the acceptance.
13.NationalFertilizersLimitedreservestherighttorejectanyparty. However, where the inquiries are made by the bidder, reason for rejecting a tender or non-issuing a tender document will be disclosed to the prospective bidder.
14.Tender shall be submitted in THREE SEPARATESEALED Envelopes as under:
Envelope No.1:
Willbesuperscribed“EM”(EarnestMoney)andshallcontainearnestmoneydepositof Rs. 25000/-(Rupees twenty five thousand only) and Rs. 500/- as Tender Fees intheformofacrossed demanddraft ( s e p a r a t e f o r b o t h a m o u n t ) issuedbyanyscheduledbankexceptruraland cooperativebankinfavourofNationalFertilizersLimited,Nangal payable at Naya Nangal, Distt. Roopnagar (PB). Cheque shall not be accepted in any case.
Page 5 of 24
Envelope No.2: Willbesuperscribed“TC”(TermsandConditions)andshallcontaintermsandconditionsset forthetenderbytendererforhisoffer(induplicate)andwhichareatvariancefromtheterms andconditionsofthetenderdocumentsissuedbyNFLandthedocumentsasperPara 16&18 (DECLARATION FORM to be enclosed in this envelop)
Envelope 3:
Willbesuperscribed“PB”(PriceBid)andshallcontaintheratesandamountquotedinthe prescribed schedule of rates.
Allthethreesealedenvelopesshallbesubmittedinaseparatesealedenvelopesuperscribed” (Nameofthejob e.g. “: Intermittent Jobs of Unskilled & Skilled Nature in Technical Services”.
15.Opening of TendersEnvelope No.1:
Marked“EM”containingEarnestMoneywillbeopenedfirst,onthescheduledateofopening of tender in presence of those tenders who wish to be present at the time of Tender Opening.
Envelope No.2:
Marked “TC” will then be opened and discussion willbecarriedonwiththe respective tenderer for clarification, if any.
Envelope No.3:
Marked“PB”willbeopenedsubsequentlyonthesamedayoratalaterdate,whichwillbe intimated to tenderer.
16.0 Thefollowingdocumentsaretobesubmittedwiththequotationintheenvelopeno.2,failing which the tender will be liable for rejection:
a)DeclarationForms I &II
b)An affidavit in original on Non-judicial Stamp paper of Rs.10/- duly attested by Notary stating:
With reference to NIT No. _____________ dt. _____________ of National Fertilizers Ltd. Nangal for the work ____________________. I, ________________ s/o Sh. _____________ R/O _______________ Proprieter/partner/Authorized Representative of the firm M/s _______________ do solemnly affirm and declare as under:-
i)Thatparty/theirassociates/sisterconcernsetc.hasnotbeenblacklistedorputonholiday byanyinstitutionalagency/Govt.Deptt./PublicSector Undertakinginthelasttwoyears for participating in the tender.
ii)Nootherfirm/sisterconcerns/associatesbelongingtothesamegroupis participating / submitting tender for the job.
16.1 c)Other details are as under( In case of parties are pre- qualified)
•PAN (Permanent Account No.) issued by Income Tax Deptt.
•Service Tax No., Code No./Accounting Code if applicable.
•Declaration Forms I&II •ESI Registration No.
PF Number
E-mail address
d)PowerofAttorneyintheNameofPerson,whohassignedtheTenderDocument.(Incase of Partnership Firm or otherwise as the case may be).
16.2Incasethepartiesarenotpre-qualified,theirofferwillbeconsideredasperlaiddown pre-qualificationcriteria‟: Tenderershallsubmitalongwiththetendersfullparticularsoftheircapacity,experience givingthelistofsimilarjobscarriedoutbythemduringthelastsevenyears,the completeaddressoforganizationforwhichsuchworkshavebeenexecutedandalso substantiatetheirclaimsfurnishingthecopyoftheircredentialsasperNIT.Inthe absence of these documents tender will not be considered.
17.Thecontractorshallquotesinglerateagainsteachitemandnotthemultipleratesin the
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Schedule ofRates.Anytender with the multiple ratesquoted will besummarily rejected.Price should be quoted strictly as per the Performa enclosed for Schedule of Price.
18. Thislettershallformpartofthecontractdocumentandshallbesignedand re t u rn e d along with the tender documents.
19. All pages shall be initialled at the lower right hand corner and signed whereverrequiredin thetenderpapersbythetenderersorbyapersonholdingpowerofattorneyauthorizing himtosignonbehalfofthetendererbeforesubmissionoftender.Allcorrectionsand alterationsintheentriesoftenderpaperwillbesignedinfullbythetendererwithdate. No eraser or overwriting is permissible.
20NoconditionordeviationshouldbementionedbytendererinPriceBid. Offerswherethe party has mentioned any condition or deviation in Price Bid shall be out rightly rejected.
21Whilesubmittingtheoffer,biddersmayensurethattenderdocument/offerhasbeen signedbyauthorizedsignatoryofthecompany.Subsequentwithdrawalofoffer/non-acceptanceofordersplacedbasedontheoffersubmittedbythemwillnotbe entertained on the ground that the offer was not signed by the authorized person.
22 Onepersonwillbeallowedtorepresentonlyonecompanyduringscission /negotiation withNFL.Ifsamepersonisrepresentingdifferentcompanieswithauthorizationletter frommorethanonecompany,suchpersonwillbeallowedtorepresentonlythefirst company called for negotiation.
23 The Tender shall be addressed to CM (PE) - 1.
Thanking you,
Yours sincerely,
for National Fertilizers Limited
(Kesar Singh)
Chief Manager (PE) -1
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NATIONAL FERTILIZERS LIMITED, NAYA NANGAL: 140 126
Name of work: “ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED
NATURE IN TECHNICAL SERVICES FOR 2015-16
REF.NO.Chem.Lab/15/16/1054 Date: 08.09.2015
ANNEXURE – B
Eligibility criteria, evaluation criteria and other information/documents required.
1. Eligibility criteria: -
A) The party shall be eligible to participate in the bid only, if he /they meet the following eligibility
criteria and submit the self certified documentary evidence in support thereof, without which price bid
shall not be opened.
i) The party shall submit the name and address of the firm/company along with its constitution giving
status/State of the same, such as partnership or limited/private ltd. etc. and also provide photocopy of
documentary evidence duly attested by Notary.
ii) The Sole Proprietor shall submit Affidavit in original duly attested by Notary regarding status /style of the
business entitity.
iii) The party shall submit documentary evidence with respect to experience of having successfully completed
similar works, during the last seven years ending, last day of previous month in which NIT has been
issued.
a) Three similar completed works each costing not less than Rs.6.28 lakhs
OR
b) Two similar completed works each costing not less than Rs.7.85 lakhs
OR
c) One similar completed works costing not less than Rs.12.56 lakhs
Definition of “similar works” means “ANNUAL RATE CONTRACT FOR INTERMITTENT JOBS” is as
given below:- i) Unskilled & skilled nature of jobs in Central Lab and Plant Labs.
OR
ii) Unloading of Coal with collection of Coal samples
OR
iii) Supply of unskilled & skilled man power
IN PUBLIC SECTOR UNDERTAKING, STATE and CENTRAL GOVT.
Tenderer to submit the copy of work orders along with successful execution Certificate.
3. Average Annualfinancial turn over of the party during the last 3 years ending 31st March 2015should be at least
Rs 4.71 lacs for which Party shall submit the documentary evidence of balance sheet and P&L A/C for the
year 2012-13 ,2013-14& 2014-15 in support thereof (Self certified)
4. Copy of PAN (Self certified)
5. Copy of P.F Registration No. issued by PF Authorities. (Self certified)
6. Copy of Service Tax Code & Registration No. allotted by Central Excise Deptt.(Self certified).
7. Certificate regarding No- relation with employees of NFL as per Enclosed Performa. (Annexure - 4).
8. Latest Bank Solvency certificate, amounting to Rs 4.71 Lacs issued by any scheduled bank of India (Bank
Solvency.Issued12 months prior to the date of issue of NIT shall also be considered valid unless otherwise
expired). Bank Solvency Certificate should be on Bank‟s Letter Head Pad.
9. Copy of ESI Code & Registration No. allotted by Regional Director, Chandigarh (self certified).
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B) The party shall also be required to submit the following documents, in the absence of which, the price bid
shall be opened, however, the documents shall have to be submitted by the party before the award of
work. Otherwise EMD of the party shall be forfeited.
a) Labour License from Asstt. Labour Commissioner (Central) Chandigarh.
b) If the party is registered as Micro/Small/Medium Enterprises as per MSMED Act, 2006,the same may be
confirmed by the party and submit a photocopy (Self certified) of the registration certificate in support
thereof.
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2. EVALUATION CRITERIA
1. The contract shall be awarded on L-1 basis. However, in case, it is found that L-1 tenderer has quoted
non-workable rates for one/more items due to which they become L-1, NFL reserves the right to reject
such tender.
2. If the tenderer does not quote rate of any item, it may be noted that for evaluation purposes the same
shall be taken based on the highest rate quoted by the other tenderers. However, order shall be placed for
the same item based on the lowest rate quoted by the other tenderers. In that case, the party shall have to
execute that item(s), failing which action shall be taken as per terms & conditions of the contract.
Page10 of 24 NOTICE INVITING TENDER
SCOPE OF WORK & SPECIAL TERMS AND CONDITIONS OF “ANNUAL CONTRACT FOR THE EXECUTION OF
INTERMITTENT JOBS OF UNSKILLED & SKILLED NATURE IN TECHNICAL SERVICES FOR 2015-16
SCOPE OF WORK:
1.0 SCHEDULE- A (FOR UNSKILLED NATURE JOB ITEMS):
1.01 To transport chemicals and other material including pollution related equipments weighing 1kg to 5Kg.
from Central Laboratory to different section of the plant Laboratories and vice versa. General
cleanliness of Central Lab & plant Labs such as lab shelves, working tables, reagents bottles ,glass
ware, instruments etc. and to bring water & gas samples in rotating shifts on need basis.
1.02 To carry out jobs of unskilled nature such as carrying of Gas, Liquid, raw material & finished product
samples from different sections of plant to Plant Labs and Central Lab. as and when required by the
Chemists.
1.03 To carry and grind RCF coal, , Rake Coal, Mill Reject & Sieving of Pulverized coal samples and to
prepare representative samples and other materials like Alum, deposits & scale samples and to prepare
specimens of bags and PP Thread & LDPE Sheets, testing of samples as and when required.
1.04 Shifting of High Volume Sampler to Air Monitoring Station No.1, 2, 3 & Stack Monitoring Kits to SGP,
Nitric Acid Plant, Ammonium Nitrate Plant and Prilling Tower, assistance for work room study and
boundary wall sampling etc. To carry equipments/appliances required for environmental surveillance
from Central Lab to Monitoring stations and back.
1.05 To cut papers and get Azo printed as required for indents and other purposes as and when required by
the draftsman in Drawing Section.
2.00 SCHEDULE- B (FOR SKILLED NATURE JOB ITEMS): 2.01 To do sieve of product Urea from different sections of Bagging Plant/ Silo before/during
loading as and when required to ensure quality dispatch.
2.02.1 To make solutions for Microbiological counts and conditioning of samples for equilibration of coal in
Central Lab on need basis.
2.03 Tracing & Revision of drawing as required by the draftsman in drawing section on need basis.
2.03.1 Skilled workers should have minimum qualification as graduation (Preferably B. Sc). The contractor
Shall provide labour at his own cost. Minimum fifteen Man Power (Male) required for Unskilled &
Skilled nature Jobs. Suggestive Man Power for Schedule A (for Unskilled nature Jobs) and Schedule B
(for Skilled nature Jobs) is as under:-
Unskilled Manpower = Ten (10) Nos. And Skilled Manpower = Five (05) Nos.
3.0QUANTUM OF WORK: As per the Performa attached.
4.0TIME SCHEDULE: The above job items will be carried out for one year, extendable for anotherThree Months on monthly
basis at the same rates, terms and conditions of the contract on sole discretion of NFL.
5.0 INSTRUCTIONS TO TENDERERS /General terms and Conditions of Contract: 5.1 Incomplete tenders /conditional tenders/tenders without earnest money and tenders received after the
closing date are liable to be out rightly rejected.
5.2 Each tenderer must satisfy himself of the conditions under which the services are to be supplied
and should fully acquaint himself with all existing conditions limitations and official regulations at
the site of work.
5.3 The contractor as a token of acceptance of NIT terms & conditions shall sign & stamp all pages of
NIT & Annexure.
5.4 The rates quoted shall be inclusive of the values of work described under several items including all
costs and expenses, which may be required in & for the executions of the work described together
with general risk, liabilities & obligations. The prices are to be inclusive of all labour, material tools,
Page 11 of 24
equipments, hoists, tackles scaffoldings & the other sundries etc. as necessary for the full and entire
completion of the work.
5.5 The contractor shall quote single rate against each item and not multiple rates. Any tender with
multiple rates quoted will be summarily rejected.
5.6 The contractor shall have to strictly adhere to rules and regulations as laid down or may be laid down by
NFL from time to time during the contract.
5.7 The contractor shall keep a competent authorized representative for necessary assistant during the
progress of work. The representative shall represent the contractor in his absence and all the directions
given to him shall be binding as if given to the contractor. In no case the authorized representative can
refuse to receive the instructions.
5.8 The contractor shall not be allowed to sub-contract any portion or the total contract
5.9 The successful tenderer cannot change the status of his contract after submitting his tender without prior
approval of NFL in writing.
5.10 The tenderer will only depute authorized representative during negotiations with NFL,if
Required.
5.11 The contractor shall be bound to change the personnel deployed if any of them is
considered unsuitable, who may misbehave or cause any nuisance or otherwise, by the NFL and the
decision of the Engineer-in-charge/ officer- in- charge/ Chief Manager (Lab) in this regard shall be final
and binding on the contractor.
6.0 WORKING TERMS AND CONDITIONS:
6.01 The entire job items shall be carried out under the guidance and direction of engineer –in-charge of
NFL‟s executive department. The contract labour can also be put to any other job (s) of causal nature
within the scope of work and under the direction of executive department.
6.02 The supervisor and labour shall report to the incharge/site-incharge in Central Laboratory. NFL
Incharge has the right to ask for replacement of labourers from time to time, if he feels so.
6.03 Safety precautions in handling and removal of spillages will be strictly observed.
6.04 All rules and regulations prevailing and applicable from time to time at the installation
or as directed by NFL, will be strictly adhered to, by the contractor.
6.05 The contractor shall be fully responsible for any damage or loss to property or personal
belongings of NFL as a result of negligence on the part of the staff of contractor.
6.06 NFL reserves the right to award parallel contract without giving notice to the contractor
or to terminate the contract at any time without giving any notice, if the services are
found to be unsatisfactory.
6.07 It shall be the responsibility of the contractor to ensure that his labour does not temper
with, damage any equipment or running equipment.
6.08 Getting gate passes from the Dy. Commandant for the staff before starting the job and
depositing the same after the job is completed shall be the contractor‟s responsibility. In case contractor
fails to deposit the gate passes with Dy. Commandant CISF, amount, as per rules, shall be deducted
from the final bill of the contractor.
6.09 Evaluation of the tender shall be based on overall L-I basis and not on schedule-wise.
6.10 Proportionate No. of man-days should be ensured as per requirement no. of activities to be performed on
a particular day/month.
7.0 PENALTY:
If the contractor fails to complete the job as instructed by the Lab. In-charge or his deputy within
specified time schedule and in accordance with the standard practices, penalty @ 1% per day of the job
value against each job specified in the Schedule A& Schedule B shall be levied subject to a max. of 10%
of the value of the contract.
8.0 INCOME TAX:
The Income Tax shall be deducted as applicable.
9.0 RISK AND COST: If it is felt at any stage, that the contractor is not capable to complete the job within
specified time schedule or not in accordance with the standard specifications, NFL reserves the right to
get the same executed from any other agency at the risk and cost of contractor.
Page 12 of 24
10.0 MODE OF PAYMENT: 10.01 Paymentof monthly running account bill complete in all respects shall be made after making necessary
recoveries as per contract within 30 days of receipt of bill. Payment of final bill shall be released within
60 days after receipt of bill completed in all respects. Payment of 10 % security deposit / deducted shall
be released after completion of defect liability period on demand within 30 days.
10.02 The contractor will maintain the wages register/ muster roll register as the case may be. Officers of the
company shall ask these documents for inspection whenever required.
10.03 NFL Nangal Unit is having its cash credit account with State Bank of India Naya Nangal, which is
having Electronic Fund Trans for Facility / RTGS (EFT) in its branch at Naya Nangal and some other
important branches. The contractors/suppliers who are maintaining their bank account, having EFT
facility may submit the bank particulars i.e. Bank Account No. Name and place of branch, Branch Code
No., so that there payment could be released through transfer of funds to their accounts.
11.0 A) PAYMENT OF TAXES AND DUTIES:
The rates to be quoted by the tenderer should be inclusive of all duties taxes, levies including VAT on
works counteracts entry tax etc. but excluding Service Tax. No request for increase / decrease or
inclusion of any tax shall be entertained afterwards.
Deductions such as Income Tax, VAT etc at source, plus surcharge thereon at the applicable rates of the
Gross Value of the Bill shall be made from the Contractor‟s monthly bills for depositing with respective
Statutory Authorities As per the provision of the respective Acts and guidelines issued by Govt. of India.
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 (applicable for Works Contracts
only).
B) The Total Contracts Value is inclusive of all applicable taxes duties, levies etc except Service Tax.
For Service Contracts:
Under the service contracts there is no transfer of property in goods is involved, so this is not a works
contract. Similarly this is also not a contract for supply of man power, since overall supervision and
control of the contract labour so engaged, deployed or supplied for execution of the contract shall
remain and vest with the tenderer. As such, NFL is not liable to pay service tax as service receiver under
the service tax. Notification No.30/2012-Service Tax with Central Govt./Service Tax Authorities shall
be of the bidder/tenderer/contractor and the same shall be reimbursed as per the terms of the contract.
The service notified for liability of payment of service tax on the part of service receiver, the company
(NFL) shall pay the service tax to the extent, the liability is so provided for service receiver as per the
notifications issued by GOI from time to time.
Nature of Contract and Applicable Service Tax Rates.
Nature of Contract ( Service/ Works/ Labour
Supply etc.)
Service Contract
% age of value of Service (Quoted Amount)
on which Service Tax is
Applicable/ liable, as per GOI notification issued from
time to time in this regard.
100%
Present rate of Service Tax 14 %
Service Tax liability of the bidder as Service Provider. 100 %
Service Tax liability of NFL as Service
Receiver.
NIL
C. The amount of Service Tax as applicable as per Service Tax Act 1994 as amended from time to time and
rules notified by Central Govt. shall be considered for evaluation of bids for arriving at L-I status and
award of contract.
Page 13 of 24
D. Service Tax , if applicable shall be paid by NFL, as per GOI notification 30/2012- Service Tax effective
from 01.07.2012 on submission of the documentary evidence of the payment thereof. The tenderer must
mention Service tax Registration/ Service Tax Code and the Accounting code in the invoice/ receipts.
Any variation in the rate shall be NFL”s Account during contractual period only.
The tender shall indicate separately the portion of the taxable services (percentage of Service
Component in the quoted rates) on which Service tax shall be payable by NFL and the portion of the
exempted services (Percentage of Material Component in the quoted rates) representing value of goods
sold to NFL for which necessary documentary proof shall be available with the render.
Addition / deletion of taxes imposed by the State Government/ Centre Government after submission of
tender documents and during contract period shall be to NFL account.
E. Contractor must submit documentary evidence of deposit of Service Tax immediately after its deposit
with Service Tax Department. The documentary evidence must be submitted latest by the date for
submission of invoice / bill of subsequent month, failing which NFL can withhold the payment of
subsequent Service Tax due to non compliance of Service Tax Rules. The Service Tax of the final bill
shall be reimbursed on production of documentary evidence.
The liability of NFL shall be restricted to the amount of Service Tax only. Any interest / penalty etc.
shall be to the contractor‟s account. Rates & Guidelines shall be applicable as notified by the Central
Govt. from time to time.
F. Any subsequent change in the rate of Service Tax shall be to NFL‟s account during contractual period
only.
G. 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 Service Tax Law by the tenderer. However, in case of
services notified for liability of payment of Service Tax on the part of service receiver, the
Company (NFL) shall comply with the same to the extent of his portion of Service Tax to which
NFL is liable as the service receiver.
12.0 SECURITY DEPOSIT:
The successful tenderer will have to deposit initial Security (ISD) @ 2.5% of the contract value
within 10 daysof the issue of LOI/Work Order, after adjusting the amount of earnest money
deposited. Further, the amount towards security deposit will be deducted from each monthly bills @
7.5% to make total security deposit @ 10 % of contract value. The amount of E.M.D./I.S.D. shall
also constitute as part of “Security Deposit “ in arriving at the amount of Security Deposit. The
amount of Security Deposit will be refunded after three 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.Earnest Money deposit and Security deposit shall not bear any interest.
13.0 EMPLOYEES/ LABOURS OF CONTRACTOR: 13.01 No labour below the age of 18 years shall be employed on the work.
13.02 The contractor shall at his expenses comply with all the labour laws and keep the NFL
indemnified in respect thereof.
13.03. The contractor shall have to allow weekly rest as per the provision of the Factories Act, 1948.
14.0 Provident Fund:
a) Every Contractor should have his own PF Account Number and shall be responsible to deposit the PF
contribution in respect of workmen engaged by them.
b) The Contractor shall indicate PF Account Number allotted to each worker engaged by him in the
monthly wage bill and will ensure its accuracy and correctness.
c) The Contractor shall submit Annual Return in respect of all the workmen engaged by them with
concerned RPF authorities with copy to P&A Deptt.
d) After submission of the return the contractor shall arrange & distribute PF slips in respect of PF
Contribution, issued by the RPF Authorities and will distribute to the concerned workers after intimation
to the Executing Deptt. and P&A Deptt.
e) After closure of the contract or in case of change of the employer (contractor), the outgoing contractor
and present contractor shall ensure submission of Form-13A, for transfer of PF contribution from old
account to the new account.
Page 14 of 24
15.0 EMPLOYEE STATE INSURANCE (ESI):
a) Every Contractor should have his own ESI Account Code Number from the ESI Authorities. It shall
be the responsibility of the contractor to deposit the ESI contribution every month @ 6.5 % of the
b) It shall be the responsibility of the Contractor to ensure Registration and issue of ESI cards to the
workmen engaged by him, for availing medical facilities by the beneficiaries.
c) It shall be the responsibility of the Contractor to submit ESI Return to the Statutory Authorities
under intimation to P&A Deptt.
16.0 a) NFL reserves the right to issue/ non-issue or reject tender document of any party.
However, where enquiries are made by the bidder, reasons for rejecting a tender or non-
issuing a tender document will be disclosed to the prospective bidder.
b) NFL reserves the right to inspect the on going work of similarly nature of the party.
17.0 PAYMENT OF MINIMUM WAGES UNDER THE MINIMUM WAGES ACT 1948
a) It shall be the responsibility of the Contractor to make payment of Minimum Wages to the workmen
engaged by him on or before 7th
of the following month, as fixed / revised and notified by the
Appropriate Govt. (Presently Central Govt.)
b) In case the rates notified by the central Govt. for scheduled employment are less than
the rates notified by the State Govt. the contractor shall be required to make the payment to the
workmen at the rates notified by the State Govt.
18.0 ESCALATION/DE-ESCALATION:
The rates quoted by the tenderer shall remain firm during the currency of the contract including
extended period also, except increase/decrease in the minimum wages of the labour by appropriate Govt.
(Central /Pb. Govt.) The escalation on account of increase in the minimum wages shall be compensated
to the contractor as per the formula indicated below:
Billed Amount x 65/100 x (Escalated minimum wages-Present Min. Wages)
=
Present Minimum Wages
The appropriate Govt. (Central /Pb. Govt.) notifies minimum wages of labour from time to time. The
above formula for escalation will be used for the minimum wages prevailing at the time of opening of
tender. Presently Minimum Wages Rate for unskilled labour is Rs.263.72 & skilled is Rs.348.00.
“Escalation/De-escalation shall be calculated on the minimum wages declared in the notification issued
by appropriate Govt. (Central /Pb Govt.) as applicable on the date of opening of tender. Even if the
notification is issued at a later date, it shall be considered from retrospective effect and the same shall be
the basis of calculations.” However if change in minimum wages is notified after the validity/currency
of contract, the same shall not be considered for escalation/de-escalation.
19.0 THE CONTRACTOR WILL COMPLY WITH THE FOLLOWING ACTS:
i) Contract labour (Regulation and Abolition Act 1970) as amended from time to time.
ii) Minimum Wages Act 1948.
iii) Employee‟s Provident Fund and Miscellaneous provisions Act 1952.
iv) Workmen Compensation Act 1923.
v) Factory Act, 1948.
vi) Payment of Wages Act 1936.
Page 15 of 24
vii) Any other act formed by State/Central Government from time to time. Or any
modification or amendment of said Act.
viii) Arbitration & Conciliation Act, 1996.
ix) Employer‟s Liability Act, 1938.
x) Maternity Benefit Act, 1961.
20.0MEDICAL TREATMENT IN CASE OF ACCIDENT:
It will be the responsibility of the contractor to give medical treatment to the injured workmen who has
met with an accident arising out of & during the course of employment. In case the contractor fails to
give medical treatment, the company shall do so & shall recover the expenditure on account of medical
treatment from the contractor‟s bill or from dues of the contractor, if any whether under this contract or
any other contract or by any other mode.
21.0 The contractor will be liable to give the benefits of contributory provident fund to his
employees engaged in the execution of this contract in accordance with provision contained in EPF
Act-1952 given to such of the employees who may have already become eligible to contribute to P.F. or
may thereafter become eligible to contribute to P.F. on completion of qualifying period of services as
provided in EPF Act 1952 and scheme framed there under, as amended from time to time.
22.0 In every case in which by virtue of the provisions of the latest Workmen‟s Compensation Act, the NFL
is obliged to pay compensation to a workman employed by the contractor in execution of works, the
NFL will recover from the contractor the amount of the compensation so paid and without prejudice to
the right of NFL under the said Act. NFL shall be at liberty to recover such amount or any part thereof
deducting from the security deposit or from any sum due by the NFL to the contractor whether under
this contract or otherwise. The NFL shall not be bound to contest any claim made under the said act
except on written request of the contractor and upon his giving to the NFL full security for all costs for
which NFL might become liable in consequence of contesting such claim.
23.0 FINAL CERTIFICATE:
Before issue of final certificate, the contractor shall submit satisfactory evidence to the engineer that all
pay rolls, bills, payment to all other connected with the work have been paid and contractor has in all
respect duly performed all the obligations under the contract.The making and acceptance of final
payment shall constitute a waiver of all the claims by the contractor except those previously made and
still unsettled.
24.0 ARBITRATION CLAUSE:
The Contract shall be governed by and construed in accordance with the laws of India
1. 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
Page 16 of 24
contract or breach thereof or the respective rights or liabilities of the parties 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 the arbitration of Designated Unit Head, NFL, Nangal Unit or his/her nominee.
The arbitration & Conciliation Act, 1996 or any statutory modification or reenactment thereof and the rules
made there under shall govern the Arbitration proceedings.
The contractor hereby agrees that he shall have no objection if the Arbitrator so appointed is an
employee of NFL and he had to deal with the matter to which the contract relates and that in the course of his
duties as such he has expressed his views on all or any of the matter in dispute of differences.
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 / Base rate as applicable to NFL on the date of award of contract.
2 Applicable where contract is awarded to Public Sector Enterprises/ Government.
In the event of any dispute or difference relating to the interpretation and application of the provisions of
the contract, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in
the Department of Public Enterprises to be nominated by the Secretary to the Government of India In-charge of
the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to
arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute,
provided, however, any party aggrieved by such award may make a further reference for setting aside or
revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice,
Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special
Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the parties
finally and conclusively. The parties will share equally the cost of arbitration as intimated by the Arbitrator.
25.0 SAFETY RULES AND REGULATIONS:
The contractor shall ensure strict adherence to all fire and safety regulations of NFL and should execute
the job with due care and caution and strictly abide by all the regulations. Contractor shall consult
safety officer or engineer before starting the job. He shall familiarize himself of regulations, copies of
which shall be furnished to
him by NFL when requested. He shall be responsible for and must make good to the satisfaction of
NFL any loss or damage due to fire to any position of the work to be done under this agreement or to
any of the NFL‟s existing property.
26.0 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, or
any ex-employee of NFL working with the tenderer the authority inviting tenders shall be informed of
the fact at the time of submission of the tender in the Performa Enclosed.(Annexure -
27.0 TERMINATION OF CONTRACT Notwithstanding anything elsewhere herein provided and in addition to any other right or remedy of
NFL under the Contract or otherwise including right of NFL for compensation for delay the Engineer-
in-charge/officer-in-charge may, without prejudice to his right against Consultant in respect of any
delay, bad workmanship or otherwise or to any claims for damage in respect of any breaches of the
Contract and without prejudice to any rights or remedies under any of the provisions of this Contract or
otherwise and whether the date for completion has or has not elapsed by intimation in writing,
absolutely, determine the Contract:
Default or failure by Contract of any of his obligations under the Contract including but not limited to
the following, the Contract is liable to be terminated if the Consultant becomes bankrupt or insolvent or
Page 17 of 24 goes into liquidation or is ordered to be wound up or has a receiver appointed on its assets or execution
or distress is levied upon all or substantially all of its assets.
Abandons the work Persistently disregards the instructions of the OWNER in contravention of any
provision of the CONTRACT.
Or
persistently fails to adhere to the agreed program of work
Or
Sublets the work in whole or in part thereof without OWNER‟s consent in writing.
Performance is not satisfactory or work is abnormally delayed. Defaults in the performance of any material
undertaking under this CONTRACT and fails to correct such default to the reasonable satisfaction of the
OWNER within fifteen days after written notice of such default is provided to the Contractor.
a) Owner may terminate the Contract due to any reason including reasons due to force majeure, regulations or
ordinance of any Government or any other reasons beyond the reasonable control of the Owner. Such
termination will be by 15 (fifteen) days notice in writing and no claim/compensation shall be payable by the
OWNER as a result of such termination, excepting the fees and costs for the meaningful services rendered by
the CONSULTANT and acceptable to OWNER, up to the date of termination.
RIGHTS OF OWNER A unilateral stoppage of work by the Contractor shall be considered a breach of the CONTRACT and the OWNER reserves its right to take necessary and suitable action as it may deem fit, to adequately protect his/its interest; at the risk and cost of the contractor. Any aforesaid action shall be without prejudice to any other action, rights and remedies etc. that may also be available. In the event the Contractor fails to fulfill his obligations under the CONTRACT, the OWNER shall have the right to get the work done by any other agency/own resources at the risk and cost of the Contractor.
28.0AGREEMENTS / CONTRACTS
TheContractor shall have to execute an agreement/contract with NFL on non- judicial stamp paper of Rs. 30/-
within 10 days of issue of work order. Contract agreement shall have duly signed and notarized on the date of
signing/execution by both the parties.
29.0 If the contractor shall obtain a contract with NFL as a result of offering tenders through non bonafied
methods of competitive tendering. Without prejudice to any other remedy, NFL reserves its right to adopt
any or several of the following courses:-
i) Award parallel contract and/or
ii) Terminate the contract and/or
iii) Forfeit the earnest money and security deposit and /or
iv) To get the execution of contract for the remaining period at the risk and cost of the contractor
and/or
v) De-list /Blacklist the contractor 30.0SUBMISSION OF MONTHLY BILL & ESI:
The contractor shall submit his monthly bill within 1st week of the following month to the Executing
Department for verification and recommendation. In case the contractor fails to submit the bill by the last day
of the following month, a penalty of 1% of the billed amount or for every month of delay of part thereof subject
to minimum of Rs.1000/- shall be recovered from the bill. 31.0SUPERVISION AND CONTROL OF THE CONTRACT LABOUR:
The labour engaged, deployed or supplied by the contractor for execution contracted or assigned job, the
overall supervision and control of the contract labour so engaged, deployed or supplied shall remain and vests
with the contractor.
Yours faithfully,
for& on behalf of
NATIONAL FERTILIZERS LTD.,
(Kesar Singh C.M. (PE) - 1
Page 18 of 24
NATIONAL FERTILIZERS LIMITED, NAYA NANGAL: 140 126
FAX No.01887-220541 Phone No.01887-221657
Name of work: “ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED
NATURE IN TECHNICAL SERVICES FOR 2015-16 REF.NO.Chem.Lab/15/16/1054 Date: 08.09.2015
ANNEXURE – 1
(To be submitted in Envelope No. II)
DECLARATION FORM
Date..……………
To
Chief Manager (Lab)
National Fertilizers Limited
Nangal Unit.
Subject: “Annual Contract for the execution of intermittent jobs of unskilled &skilled nature in Technical Services
for2015-16.
Dear Sir,
I/We have read the conditions of tender attached hereto and agree to abide by such conditions. I/We offer to do
the job of “Annual Contract for the execution of intermittent jobs of unskilled &skilled nature in Technical Services for
2015-16, standards and instructions in writing of the Engineer-in-Charge of M/s National Fertilizers Limited and
hereby bind myself/ourselves to complete the work schedule and progress of work. I/We further agree to abide by the conditions of contract and to carry out all work within the specified time in accordance
with the specifications of materials and workmanship and instructions referred to in the Notice Inviting Tender.
In case of acceptance of the tender by National Fertilizers Limited, I/we bind myself/ourselves to execute the contract as
per the conditions mentioned in the tender documents, failing which, I/We shall have no objection in rescinding the
contract by NFL and to the forfeiture of the Earnest Money lodged with National Fertilizers Limited, Nangal.
Thanking You,
for M/s_______________________
Signature of Contractor/Authorized Signatory with Seal)
Name: _________________________
Address:
Page 19 of 24
NATIONAL FERTILIZERS LIMITED, NAYA NANGAL: 140 126
FAX No.01887-220541 Phone No.01887-221657
Name of work: “ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED
NATURE IN TECHNICAL SERVICES FOR 2015-16 REF.NO.Chem.Lab/15/16/1054 Date: 08.09.2015
Sub :_______________________________________________________( Name of the Work)
Dear Sir,
1 UNDERTAKING
a) 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.
b) All the pages of NIT and GDCC issued to us have been signed for its validity and in token of its
acceptance by us.
c) It is confirmed that all the columns in the Price Bid, submitted in the Envelope-III, have been duly
filled.
d) I / We agree to evaluation of price bids and loading of service tax under the terms of the NIT.
2 ACCEPTANCE OF TENDER CONDITIONS I/We have personally read the General Directions & Conditions of Contract (G.D.C.C.) and special terms
and conditions of NIT for the subject work, and I / we accept all the terms & conditions as mentioned in the
G.D.C.C & NIT without any reservation and shall abide by the same.
3 FOR DOWNLOADING THE TENDER DOCUMENT FROM WEBSITE With reference to your NIT No. ____________________dated________ 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 documents have been
down-loaded by us from NFL web site, we are hereby enclosing a demand draft No. ___________dated
___________of ___________________ (Bank) amounting to Rs.________ (Rupees_________________
only), in favour of National Fertilizers Limited, payable at Naya Nangal / Nangal towards the cost of tender
documents.
4 All the information filled herein and attached hereto are true to the best of my knowledge and belief. It is
further certified that I / We will not get myself / ourselves registered under more than one name.
Thanking you
Yours faithfully
For & on behalf of Contractor
Signature of the Contractor/ Tenderer with SEAL
Page 21 of 24
ANNEXURE-4
(To be kept in Envelope No. II) NIT No._________________________________ Date :_________________________________
ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED NATURE IN TECHNICAL
SERVICES FOR 2015-16 DECLARATION FORM-II
The following declaration to be signed by Contractor and to be submitted along with required documents which would be duly self- certified: Sr. No DESCRIPTION YES / NO (If Yes, give the following details)
1 If a Tenderer has relations whether by blood or otherwise with any of employees of NFL (Owner), the Tenderer must disclose the relation at the time of submission of Tender, failing which, NFL shall reserves the right to reject the Tender or rescind the Contract.
Name and Designation of the Employee
Place of Posting Relation with the Employee
Relation With the Employee
2. P.F. Registration No of the Contractor to be intimated along with Documentary proof thereof.
P.F. Registration Number
3 PAN No of the Contractor to be intimated along with Documentary Proof thereof.
PAN No
4 Service Tax Registration No. with Documentary Proof. Accounting Code No. S.T.Code No.
5 ESI Registration No. Along with documentary proof thereof. ESI Regd. No.
6 If the party is registered as Micro/Small/Medium Enterprises as per MSMED Act,2006, the same may be confirmed by the party and submit a photocopy (Self certified) of the registration certificate in support thereof. Otherwise it will be construed that the party is not registered as per MSMED Act, 2006.
7 The bidder shall submit the name and address of the firm/company along with its constitution giving status of the same such as sole proprietorship/partnership or limited/private firm etc. Along with its copies duly attested by Notary Public as evidence.
Signature of the Contractor/ Tenderer with SEAL
Page 22 of 24
NATIONAL FERTILIZERS LIMITED, NAYA NANGAL: 140 126
FAX No.01887-220541 Phone No.01887-221657
Name of work: “ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED
NATURE IN TECHNICAL SERVICES FOR 2015-16 REF.NO.Chem.Lab/15/16/1054 Date: 08.09.2015
ANNEXURE 5
(To be submitted in Envelope No. II)
Date ________
The Chief Manager (Lab)
National Fertilizers Limited
Nangal Unit.
Sub: -Tender for “Annual Contract for the execution of intermittent jobs of unskilled &skilled nature in
Technical Services For 2015-16
Dear Sir
With reference to your NIT No. Chem.Lab/14/________ Date __________ 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.___________Date___________of
___________________(Bank) amounting to Rs 500/-(Rs five hundred 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 23 of 24
NATIONAL FERTILIZERS LIMITED, NAYA NANGAL: 140 126
FAX No.01887-220541 Phone No.01887-221657
Name of work: “ANNUAL CONTRACT FOR THE EXECUTION OF INTERMITTENT JOBS OF UNSKILLED & SKILLED NATURE IN TECHNICAL SERVICES
FOR 2015-16
REF.NO.Chem.Lab/15/16/1054 Date: 08.09.2015
Schedule-A Proforma for Schedule of Quantity/rates
(AS PER THE SCOPE OF WORK FOR ITEMS OF UNSKILED NATURE)
Sr.
No.
Description No. of Qty. Rates (In Rs.) Total value (In Rs.)
In Figures In Words In Figures In Words
1 To transport chemicals and other material including pollution related equipments weighing 1kg to 5Kg. from
Central Laboratory to different section of the plant Laboratories and vice versa. General cleanliness of Central Lab
& plant Labs such as lab shelves, working tables, reagents bottles, glass ware, instruments etc. and to bring water
& gas samples in rotating shifts on need basis as in Clause No. 1.01.
20832
2 To carry out jobs of unskilled nature such as carrying of Gas, Liquid, raw material & finished product samples
from different sections of plant to Plant Labs and Central Lab. as and when required by the Chemists as in Clause
No. 1.02.
11797
3 To carry and grind RCF coal, , Rake Coal, Mill Reject & Sieving of Pulverized coal samples and to prepare
representative samples and other materials like Alum, deposits & scale samples and to prepare specimens of bags
and PP Thread & LDPE Sheets, testing of samples as and when required as in Clause No. 1.03.
4181
4. Shifting of High Volume Sampler to Air Monitoring Station No.1, 2 , 3 & Stack Monitoring Kits to SGP, Nitric
Acid Plant, Ammonium Nitrate Plant and Prilling Tower, assistance for work room study and boundary wall
sampling etc.To carry equipments/appliances required for environmental surveillance from Central Lab to
Monitoring stations and back as in Clause No.1.04.
31525
5. To cut papers and get Azo printed as required for indents and other purposes as and when required by the
draftsman in Drawing Section as in Clause No.1.05 8129
Total of Schedule „A‟:
Signature of tenderer with date and seal
Page 24 of 24
Proforma for Schedule of Quantity/rates (AS PER THE SCOPE OF WORK FOR ITEMS OF SKILLED NATURE)
Schedule-B
Sr.
No.
Description No. of Qty. Rates (In Rs.) Total value (In Rs.)
In Figures In Words In Figures In Words
1. To do sieve of product Urea from different sections of Bagging Plant/ Silo
before/during loading as and when required to ensure quality dispatch as per
Clause No. 2.01.
84510
2. To make solutions for Microbiological counts and conditioning of samples for
equilibration of coal in Central Lab on need basis as per Clause No. 2.02.
2753
3. Tracing & Revision of drawing as required by the draftsman in Drawing section
