TENDER DOCUMENTS
FOR
REMNANT LIFE ASSESSMENT (RLA) STUDY
OF
HRU-1 Boiler (MP Boiler Reg. No: MP/3741)
AND
HRU-2 Boiler (MP Boiler Reg. No: MP/3742)
AND
CONNECTED ACCESSORIES, PIPING
IN CPP PLANT
AT
N.F.L., VIJAIPUR
VIJAIPUR UNIT
MECHANICAL DEPARTMENT
Introduction
National Fertilizers Limited (NFL), a Govt. of India Undertaking is owning and operating fertilizer plants at four locations in India i.e. Nangal (Punjab), Bhatinda (Punjab), Panipat (Haryana) and Vijaipur, (Madhya Pradesh).
The above plants consist of an Ammonia-Urea complex integrated with offsite facilities e.g. raw water
treatment, DM water, Steam and power production facilities, Effluent treatment, cooling water system
etc.
The Line-I Plant located at NFL Vijaipur is in continuous operation since 1987. Captive Power Plant (CPP) located at NFL Vijaipur consists of two number of Kawasaki Make F-180 type water tube boiler namely HRU-1 (Heat Recovery Unit-1; MP Boiler Reg. No: MP/3741) and HRU-2 (Heat Recovery Unit-2; MP Boiler Reg. No: MP/3742), which were commissioned in the year 1987. RLA (Remnant Life Assessment) study of both the above mentioned boilers were done in the year 2013 after completing 25 years of operation as per Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A. As per Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A, next Remnant Life Assessment shall be carried out thereafter every five years by the organizations working in the field of boilers and remnant life and extension thereof after such organization is approved by the Central Boilers Board. As a statuary requirement under Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A, it is proposed to carry out Remnant Life Assessment (RLA) study of HRU-1 (Heat Recovery Unit-1; MP Boiler Reg. No: MP/3741) and HRU-2 (Heat Recovery Unit-2; MP Boiler Reg. No: MP/3742) and connected accessories, piping installed at Vijaipur plant. NFL desires to appoint Consultants who shall undertake RLA Study for these two boilers. Brief Details of Boilers: The brief details of the boilers are attached at Annexure- I and General Arrangement drawing of the boilers are attached at Annexure- XII.
Annexure-I
HEAT RECOVERY UNIT HRU-1 AND HRU-2
MAKE: M/s Kawasaki Heavy Industries Ltd, Osaka, Japan
Type of Boiler: KAWASAKI F-180 Type Heat Recovery Unit
Item Number: SG-001 (HRU-1) and SG-002 (HRU-2)
Diameter Inside: Steam Drum - 1685.0 m; Water Drum - 1236.5mm
Design Pressure: 53 Kg/CM2
Year of Manufacturing: 1986
Total Heating Surface: 18532 m2
Total Evaporation: 180 T/H (Capacity Maximum Continuous rating)
Final Temperature of Steam: 382oC (at De Super Heater Outlet)
Description & Leading Dimensions:
Diameter (mm) Length (mm)
Steam Drum 1685.0 I.D. 10200
Water Drum 1236.5 I.D. 9000
Economiser tubes 38.1 O.D. ---
Furnace water walls header 168.3 O.D. 3214, 3114
super heater header 355.6 O.D. 8488
super heater Lower header 219.1 O.D. 7862
Economizer header 168.3 O.D. 2888.5
Convection tube header 219.1 O.D. 4148.5
De-super heater 355.6 O.D.
Bank tubes 63.5 O.D.
Upper & Lower connecting Tubes 76.2 O.D.
Furnace water walls tubes 76.2 O.D.
Boiler proper water wall tubes 76.2 O.D.
Super heater tubes 45.0 O.D.
Convection tubes 50.8 O.D.
Annexure-II
Eligibility Criteria
1. Technical criteria
1.1. The bidder must be approved by Central Boilers Board for RLA study and must be working in the field of boilers and Remnant life and extension thereof. The bidder shall furnish the documentary evidence in this regard & its validity. The validity of approval from Central Boilers Board for RLA study must be valid till 31.12 2018.
1.2. Bidders must have executed similar work of RLA study and have got it certified from respective Directorate of Boilers during the last 7 years ending on last day of month previous to the Bid Closing date as below: i. Three similar completed works costing not less than the amount equal to Rs. 4.00 lacs. Or ii. Two similar completed works costing not less than the amount equal to Rs. 5.00 lacs. Or iii. One similar completed work costing not less than the amount equal to Rs 8.00 lacs.
Similar means, RLA study of Boilers in accordance to Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A and in accordance to scope of work as per NIT.
1.3. The bidder must have Non-Destructive Testing Equipments available for carrying out RLA study.
1.4. The bidder must have Destructive Testing Equipments available for the analysis of sample taken for Destructive testing under RLA study.
1.5. The bidder must have Software package for evaluation of the test conducted on equipment/s for RLA study.
1.6. As a documentary proof, the bidders shall submit self-attested copies of following documents with the
technical un-priced bid: i. Certificate approved by Directorate of Boilers for RLA study indicating approval validity in support of
para 1.1 above. ii. Work Orders in support of para 1.2 above with full technical details, completion period, Work order value
and certificate from Directorate of Boilers. iii. Documents in support of para 1.3, 1.4 & 1.5 above indicating details of Non-Destructive Testing
Equipments; Software package and Destructive test sample analysis.
2. Financial Criteria: 2.1. Average Annual financial turnover of the bidder during the last 3 years ending on 31st March 2017, should be
at least Rs. 3.00 Lakhs. Bidders will furnish the audited balance sheet and Profit and loss statement of the company for the last three successive financial years in support of above.
3. Desired Information:
The Bidder shall furnish the following information in his Bid:
3.1. The Bidder shall furnish information on their current commitments on all the contracts that have been awarded or for which Letter of Intent or Acceptance has been received or for contracts approaching completion but for which an un-qualified full Completion Certificate is yet to be issued.
3.2. The Bidder shall furnish information on the Management Structure of the Company and shall supply Information /bio data of the team proposed to be employed for the said job. The bidder shall also certify that they have adequate manpower resources to meet the requirements on the works currently in progress and for further contract commitments.
3.3. The Bidder shall submit the Concept Plan including tests to be conducted and the methodology for execution of the job.
Notes :-
1. Bidder shall provide all information related to the Eligibility criteria. 2. Evaluation shall be done on the basis of documents provided along with the bid. 3. Bidders not complying to the Eligibility criteria will not be considered suitable for the subject work. 4. Bidder shall submit all the document related to the Eligibility criteria in Envelope No. 2 of the NIT i.e.
along with the Technical Bid. 5. Bidder shall submit duly filled in Performa 1, Performa 2, Performa 3 and Performa 4 of the NIT.
Annexure-III I. Objective:
The overall objective is assessment of the Remnant life of parts of a boiler, connecting piping & accessories and acceptance of the results as per the standards laid down by Central Boilers Board and as per Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A. It shall be the responsibility of consultant to arrange a certificate from Chief Inspector of Boilers for extending the life of the boilers for a further period of 05 years or such period as recommended by Remnant Life Assessment Organization.
II. Scope of Work:
Captive Power Plant (CPP) located at NFL Vijaipur consists of two number of Kawasaki Make F-180 type water tube boiler namely HRU-1 (Heat Recovery Unit-1; MP Boiler Reg. No: MP/3741) and HRU-2 (Heat Recovery Unit-2; MP Boiler Reg. No: MP/3742), which were commissioned in the year 1987. Both the boiler utilizes the exhaust gases of the Gas Turbine as well as supplementary firing to produce 42 ata pressure steam. The boilers are of M/s Kawasaki Japan Make and Gas Turbine was supplied by M/s Alsthom France. The basic design of both the boilers is water tube, front fired, natural draft boiler. RLA (Remnant Life Assessment) study of both the above mentioned boilers were done in the year 2013 after completing 25 years of operation as per Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A. As per Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A, next Remnant Life Assessment shall be carried out thereafter every five years by the organizations working in the field of boilers and remnant life and extension thereof after such organization is approved by the Central Boilers Board. The Consultant would carry out Remnant Life Assessment (RLA) of all the parts of the both subject boilers i.e. HRU-1 and HRU-2 as per Indian Boiler Regulation-1950 & its amendments for Aging of Boiler- Regulation 391A: Table-I or II as applicable and approved by Director of Boilers, Madhya Pradesh.
The scope of Consultant for inspection is only indicative & shall not be limited to the following:
1. Inspection of steam drum
2. Inspection of mud drum
3. Inspection of furnace water walls tubes and header.
4. Inspection of bank tubes including sidewall tubes.
5. Inspection of water walls tubes and header.
6. Inspection of economizer header and economizer tubes/ coils.
7. Inspection of convection tube header & tubes.
8. Inspection of Upper & Lower connecting Tubes.
9. Inspection of super heater header & tubes/ coils.
10. Inspection of super heater Lower header & tuber and de-super heater.
11. Inspection of final outlet steam piping‟s.
12. Inspection of BFW piping‟s, connecting pipes,
13. Inspection of other equipment, headers etc. in the CPP Plant for meeting the objective as defined at para 1.0 Objective and as per Indian Boiler Regulation 1950 & its amendments, Regulation No. 391A.
14. To take permission/approval from the office of Director of Boilers, Madhya Pradesh, as per the plant location for the above-mentioned RLA study and for cutting of the above pressure parts/zone before starting the job, if cutting is involved.
15. Cutting & welding job for execution of work will be in NFL's scope and cutting and welding job shall be done by a IBR approved party for cutting and welding job in Madhya Pradesh state as per IBR Regulation Act 392 . However, supervision for the same will be in Consultant's scope.
16. To arrange a certificate from Chief Inspector/Director of Boilers for extending the running life of the boilers for a further period of 05 years or such period as recommended by Remnant Life Assessment Study.
17. All statutory formalities shall be in Consultant's scope, only Fees for RLA study shall be in NFL‟s scope.
Inspection of various parts mentioned above means, but not limited to, measurement inspection for outside diameter and thickness; circumferential & longitudinal weld joints inspection; fibre optical/ boroscopic inspection; connected nozzles inspection; inspection for healthiness of safety valves, Level gauges and Level switches; micro structure (etching) examination; replication test; Magnetic particle test; Liquid/ Dye Penetrate Test; Sampling, Deposit Analysis etc.
III. NFL‟s scope.
a) Cutting & welding job for execution of work for RLA study by a IBR approved party for cutting and welding
job in Madhya Pradesh state as per IBR Regulation Act 392. b) IBR Fees for RLA study. c) Temporary LT Power Supply 3 phase, 50 Hz, 415 Volt with TPN switch, Flood Lights, Hand Lamps,
Extension Boards etc. Compressed Air at a Pressure of 4.5 kg/cm2 (g) (max.) at one point d) Gate passes for manpower to enter factory premises. e) Store cum Office space at site. f) Scaffolding if required for carrying out the RLA study. g) Removal & re-fixing of insulation would be in NFL's scope. h) Lodging for Contractor‟s staff and workmen, if required, on chargeable basis, subject to availability. i) Medical facilities, as available in NFL Hospital, on chargeable basis subject to availability.
IV. Methodology:
RLA Study shall be conducted by a team of experienced Technical Experts having in depth experience in similar jobs. NFL shall nominate Engineer-In-charge for the job for coordination with the Consultant. The Consultant shall interact at site with the NFL‟s coordinator regarding all matters pertaining to the subject Study. The Consultant shall furnish the details regarding assistance required from NFL during execution of job. The boiler shall be handed over to Consultant for inspection during major shut down of boiler.
V. Time schedule for execution of Job:
Contract period will be valid for one year. The complete RLA Study of each boiler i.e. HRU-1 and HRU-2 boiler would be completed by the Consultant within 15 days time from handing over the work for RLA study. The RLA study shall be carried out during major shut down of the Plant which is tentatively planned in the February/ March 2018 for HRU-1 and April 2018 for HRU-2. NFL would give an advance notice of 10 days for execution of assignment.
Preliminary Report for RLA Study of each boiler i.e. HRU-1 and HRU-2 boiler would be submitted to NFL within 15 days after completion of inspection work as per the scope of work mentioned under Clause II above. If required, review meeting will be held with Consultant at site.
Subsequently, draft final report will be submitted to NFL within 45 days from the date of completion of inspection work. Within a fortnight of submission of the draft report, the Consultant shall attend a review meeting with the Engineer-in-Charge alongwith plant representative at site. The meeting shall look into the fulfillment of the scope of work as per the work order. All clarifications, changes mutually agreed in this meeting shall be incorporated by the Consultant in the final report.
The Consultant shall submit the Final Report within a fortnight of receipt of comments from the NFL.
After acceptance of report by NFL, the Consultant would submit the report to Central Boiler Board for arranging the certificate as described in the scope of work under clause II. NFL would provide the necessary assistance for the same.
If the Bidder requires any extension of time for submission of report of RLA study, the same must be applied to the Engineer-In-Charge within seven days from the date of the occurrence of the event on account of which he desires such extensions. However, such extension shall be allowed at the sole discretion of NFL. However, no time extension will be given for conducting test / inspection of Boiler, connected accessories, piping and Steam drum.
VI. Information to be furnished by the bidders in their offer:
The bidder shall furnish the following information/documents along with their bid and seal the same in the Envelope No. 2 of the NIT i.e. along with the Technical Bid:
a) List of inspection, tests that are proposed to be carried out (equipment wise) to achieve the objective and completion of work as per the scope of work defined above.
b) List of consumables/equipment & quantity required from NFL during execution of work (for each boiler) such as welding electrodes, filler wires, oxygen cylinder, DA cylinder, Argon cylinder, welding set, cutting equipments, scaffolding etc. NFL will provide the same 'free of cost' to the extent available.
c) The consultant will provide list of insulated parts where insulation removal is required. Removal & re-fixing of insulation would be in NFL's scope.
d) One copy of this Tender Document duly signed on each page as token of acceptance of Terms & Conditions.
e) The bid must be complete in all respect leaving no scope for ambiguity. It is in the interest of the bidder to submit complete and comprehensive proposal leaving no scope for the Owner to raise any further questionnaire as the proposal may only be evaluated on the basis of what has been submitted by the bidder in the first instance itself, in order to adhere with assignment schedule requirement.
VII. Lump sum Fee for carrying out subject assignment:
The bidder shall furnish „in duplicate‟ his lump sum Fee for carrying out Remnant Life Assessment (RLA) of for each boiler i.e. HRU-1 and HRU-2 as per scope of work mentioned above in clause II. These charges shall remain firm and fixed till execution and completion of the assignment.
The bidder shall indicate the lump sum rate for each boiler. The rates to be quoted by the party should be inclusive of all applicable taxes on works contracts except GST. Deductions of GST at source plus surcharge thereon at the applicable rates of the Gross value of the Bill shall be made from the contractor‟s bill for depositing with the GST Authorities as per provision of the respective states GST Act. Any variation in the rates of taxes, duties etc. shall be to the Owner‟s account during contractual completion period only.
All expenses towards transport of their personnel to site, boarding and lodging of the bidder‟s engineers/workmen at site etc. shall be borne by the successful bidder. No other charges shall be admissible / reimbursable.
During visit to Unit for conducting RLA, if available, guest house accommodation will be provided on chargeable basis. The rates would be as applicable to „Outsiders‟.
VIII. Deviation to NIT:
No deviation to scope of work, general terms & conditions & other requirements of NIT shall be acceptable. Bidder shall confirm to acceptance of all terms & conditions of the NIT to facilitate opening of price bid immediately to avoid loss of time.
IX. Award of Contract:
Notification for Award of Contract in the form of LOI or Work Order will be made by letter/fax/E Mail to the successful bidder by the Owner. The successful bidder on receipt of LOI/Work Order shall give his acceptance of LOI/ Work Order immediately by return post/fax/E Mail.
X. Owner‟s decision final:
Owner reserves the right to split the job mention in scope of work and to reject or accept the bid without assigning any reason whatsoever.
XI. Special Terms & Conditions of Contract
1) CONTRACT TO BE TREATED AS CONFIDENTIAL
a) NIT, Bidder‟s Bid and subsequent correspondences, Minutes of Meetings (MOMs), record notes of discussions, etc. shall be kept confidential. The reports prepared for the subject assignment under the contract shall be the property of NFL and the contents of these NIT/reports shall not be divulged to any outside party without the prior written consent of NFL.
b) Any information obtained in the course of the execution of the Contract by the Consultant, his employees or agents or any person so employed by him, as to any matter whatsoever, which would or might be directly or indirectly of use of the party other than NFL must be treated as „secret‟ and shall not at any time be communicated to any person without prior approval/permission of the owner.
c) The terms and conditions of the contract shall not be disclosed by either party to any third party without prior written consent of the other party. This provision is however not applicable for disclosure to the Government and either party‟s Bankers & Members.
d) DISCLOSURE TO GOVERNMENT
The Bidder/Consultant shall have no objection to the NFL disclosing information referred to in Clause XI.1.a at any time to NFL‟s Management/Board and Government of India/Statutory Agency.
2) BIDDER/CONSULTANT TO EXECUTE WORK AS PER CONTRACT
The Bidder/Consultant shall execute the Work in strict conformity with the terms and conditions as stipulated and provided for in the LOI/Work Order/contract, placed on/ entered into with the Bidder. The Bidder shall not vary or deviate from the said plans and specifications without having first obtained the prior permission in writing from the NFL.
3) AUTHENTICITY OF DATA & CLARIFICATIONS
The CONSULTANT shall ensure and declare in Report and other documents submitted to the OWNER in pursuance of the work and in furtherance of the CONTRACT about the reliability and authenticity of the data and their sources of compilation. The OWNER reserves its right to seek any clarification on the aforesaid report and other documents in part or in whole even after the completion of the work.
4) Inspection and Reports
a) The bidder shall submit four copies of preliminary report along with soft copies as per Clause V above within 15 days after completion of inspection work as per the scope of work mentioned under Clause II above. The bidder shall also submit the preliminary report to Chief Boiler Inspector Office and shall arrange clearance certificate for running for boiler until final report is submitted and sanctioned.
b) The bidder shall submit draft final report along with soft copies as per Clause V above within 45 days after completion of inspection work as per the scope of work mentioned under Clause II above. After checking the draft final report with Engineer In Charge NFL and discussing and incorporating mutually agreed clarifications, bidder shall submit the Final Report to NFL within a fortnight of receipt of comments from the NFL, in six copies along with soft copy and submit the same to Chief Boiler Office and arrange for issuance of Certificate from Chief Boiler Office for extending the running life of the boilers for a further period of 05 years or such period as recommended by Remnant Life Assessment Study.
5) Acceptance of NIT
Bidder shall confirm in their quotation, the acceptance of all the terms and conditions of NIT, including scope of work, failing which the offer may not be considered and shall submit signed copy of NIT along with tender documents as a token of acceptance.
6). The Bidder may visit the site, acquaint himself fully of the job and site condition, if required, and no claim, whatsoever, will be entertained on the plea of ignorance of difficulties involved in the execution of the work.
Annexure-IV
GENERAL TERMS & CONDITIONS
1. Interested Tenderer, after studying all the tender documents carefully, may also see the job physically at site and obtain necessary clarifications, if any, before submitting their tenders obtain necessary clarifications, if any, in writing before tendering. The tenderer should satisfy himself with the site conditions prevailing at the place of work. No claim on ground of want of knowledge in this respect will be entertained. No claim for extra charges consequent upon any misunderstanding or otherwise will be allowed.
2. The company reserves the right to accept the lowest or any other tender in part or in full or award parallel contracts or reject all or any of the tenders without assigning any reasons.
3. The following tenders will be liable to summary rejection:
3.1 Tenders submitted by Tenderer who resort to canvassing. 3.2 Tenders, which do not fulfill any of the conditions, laid down in the Tender Documents or are incomplete,
in any respect. 3.3 Tenders not accompanying the required details / Tender Cost / Earnest Money etc. 3.4 Tenders received late / delayed. 3.5 Tenders, who contain uncalled for remarks or any alternative additional conditions. 3.6 Bid received with request / condition to send the combustion liners to bidder‟s works for assessment for
bidding for repair.
4. The Bidder may visit the site and shall acquaint himself fully and thoroughly with the conditions and limitations including scope, requirement and official/statutory regulations, under which conforming to which and subject to which, services/work are to be performed by him. Failure to comply with the aforesaid requirements will not relieve the bidder of his obligations in the event of his tender being accepted nor will any claim whatsoever be entertained on the plea of ignorance or overlooking. The Bidder shall give undertaking that the terms and conditions of NIT and other aforesaid conditions are acceptable to him without reservations and no deviations to NIT have been taken while making the offer. Unless otherwise specifically stated in his bid, it will be assumed that all terms and conditions of NIT are accepted by the bidder without any reservations whatsoever.
5. If the Bidder has relations whether by blood or otherwise with any of the employees of the NFL, the Bidder must disclose the relations in the Form of Declaration attached, at the time of submission of Tender failing which NFL shall reserve the right to reject the Tender or rescind the Contract.
6. The execution of the work may entail working in all the site and weather conditions and no extra rate will be considered on this account. The Contractor may have to carry out the jobs to work round the clock as per our requirement to be decided by the Engineer In-Charge and the Contractor should take this aspect into consideration for formulating his rates and quotation. No extra claim / overtime shall be paid on this account.
7. VALIDITY OF CONTRACT:
8.1 The contract shall remain valid for a period of 12 (Twelve) months reckoned from the date of its award. The
job can, therefore, be got done any time during the tenure of the contract. Normally, a Notice of 10 days would be given for starting the job but the Tenderer should be able to mobilize within 24 hours, if the necessity so arises.
8.2 The contract can further be extended for a period of Three months on the same rates, terms & Conditions, if mutually agreed.
8. Escalation in Rates: The rates quoted will be firm till the currency of the contract and will not be subjected to escalation irrespective of any increase whatsoever in labour or material cost etc. The rates to be quoted by the party should be inclusive of all applicable taxes on works contracts except GST. Deductions of GST at source plus surcharge thereon at the applicable rates of the Gross value of the Bill shall be made from the contractor‟s bill for depositing with the GST Authorities as per provision of the respective states GST Act. No request for increase / decrease or inclusion of any taxes shall be entertained afterwards. It shall be duty of the Contractor to pay the Minimum Wages to its employees as specified by the Govt. of Madhya Pradesh from time to time.
9. Quantum of Job: 9.1 The estimated value of work has been given on the basis of technical assessment and indicates
approximate quantities. However, the Contractor shall have to execute any or all the jobs depending upon the requirements of the Plant. The rates shall remain firm for the increased or decreased quantities. However, NFL will not give any guarantee for minimum billing or minimum quantum of work during the contract.
9.2 The rate shall remain firm for any increased or decreased quantities. 9.3 If the Contractor is unable to execute the work and any loss is incurred by the Contractor in this respect, it
will be to the Contractor‟s account. 9.4 Contractor is supposed to quote for complete items i.e. both the boilers of Schedule of Quantities and
Rates. NFL reserves the right to reject the incomplete tenders. 9.5 NFL reserves the right to interpolate the size of items of work that falls in between items of lower and higher
sizes. 9.6 NFL reserves the right to reject the tender of the party if the quoted rates are not workable or if there is any
deviation from the terms and conditions of NIT.
10. It shall be duty of the Contractor to pay the Minimum Wages to its employees as specified by the Govt. from time to time. The payment of wages shall be mandatorily made through bank only.
11. Earnest Money Deposit:
11.1 The Bidder should make a deposit of Rs. 10,000/- (Rs. Ten Thousand only) as Earnest Money Deposit and
Rs. 250/- (Rs. Two hundred and fifty only) as Tender Fees (even if downloaded from the web site) in the form of an A/c. Payee Demand Draft, drawn on State Bank of India in favour of "National Fertilizers Limited, Vijaipur" payable at Bavrikhera (Branch Code: 8455). Demand Draft for EMD and Tender cost shall be separate. Alternatively EMD and Tender cost may be submitted through Online transaction in favor of National Fertilizers Limited, Vijaipur and submit relevant documents along with the Bid.
Details for on line transaction are as given below:
Name of Bank: State Bank of India, Bavrikhera Branch
Branch code: 8455, Bank A/c. No.: 10346673311, IFSC Code: SBIN0008455
Bidder can also submit EMD in form of Bank Guarantee in the prescribed format from any scheduled Bank excluding Gramin/Co-op Banks. BG shall be at least valid for four months and the party should give an undertaking for extension of the validity of the BG in case the same is desired by NFL. Tender shall be rejected in case Bank Guarantee is not as per the specified proforma provided in Annexure-XI of the Contract.
Earnest money shall not be accepted in any form other than specified above. No interest shall be payable on Earnest Money Deposit. Earnest Money and Tender Fees should accompany the tender in a separate envelope (Envelope No: 1) without which tender will not be opened and it will be considered as rejected.
11.2 The Tenderer, registered under National Small Scale Industries are exempted from submission of E.M.D., subjected to submission of relevant certificate from concerned Authority alongwith Tender Documents.
11.3 EMD of unsuccessful bidders shall be refunded after award of LOI/W.O. to successful bidder
11.4 Forfeiture of EMD: NFL reserves the right to forfeit the EMD in the following conditions: a. Withdrawal of bid before opening of the bid or during validity including extended period, if any. b. Any modification/amendment by the bidder after submission of the bid. c. If, after receipt of acceptance, to the bid from NFL, the bidder refuse to commence the work or to
enter into contract. d. In case the bidder has any relationship whether by blood or otherwise with NFL, such relationship
must be disclosed while submitting bid/Tender.
12. Security Deposit/ Performance Guarantee:
a. The Security Deposit together with EMD shall be 10% of the contract value.
b. Security Deposit (S.D.) shall be submitted by the Contractor within 15 days of issue of work order. Alternatively, Security Deposit cum Performance Bank Guarantee from any Nationalized / Scheduled Bank may be submitted for 10% of the contract value. The Security Deposit cum Performance Bank Guarantee shall be valid till the expiry of defect liability period + Six month claim period thereafter. EMD shall be considered as a part of SD. Bank Guarantee shall be submitted in a prescribed format of NFL.
c. Bank Guarantee shall be sent in original. Photocopy or attested copy shall not be accepted. Bank Guarantees shall be sent to NFL directly by the issuing bank. However, in case the bank guarantee is submitted directly by the contractor, the issuing branch should be requested to immediately send by Registered Post (AD) an unstamped duplicate copy of the guarantee directly to the NFL with a covering letter to compare with the original BGs and confirm that it is in order.
d. No interest shall be paid on EMD / Security deposit. Any amount recoverable from the contractor shall be deducted from security deposit. Security deposit shall be returned to contractor after obtaining „No objection certification‟ from executive department after expiry of „Defect Liability Period‟.
13. Terms of payment:
a. 100% payment shall be made through Electronic Mode after making necessary recoveries for Income Tax, GST etc. as applicable as per Terms & Conditions of NIT, after satisfactory completion of the work as per scope, submission of final report of each boiler to the Chief Inspector Boiler Office, issuance of certificate from Chief Inspector of Boilers for extending the life of the boilers for a further period of 05 years or such period as recommended by Remnant Life Assessment Organization and submission of bill.
b. Along with the invoice, contractor has to submit Form 13R/19 duly signed by the workers employed on the job else contractor has to submit documentary proof that the workers are still on their rolls with i.e. wage sheet & PF challan for next month to site work.
c. The following information may be furnished along with the Tender:
I. Acceptance for release of payment by ECS / EFT from our Bank, i.e., State Bank of India, Bavrikhera Branch, Branch Code: 8455, N.F.L. Complex, Vijaipur-473 111, Dist. Guna, Madhya Pradesh.
II. The details of Tenderer's Account Number, Name, Address, Branch, Branch Code, RTGS Code & MICR Number of the Tenderer's Bank.
III. Income Tax Permanent Account Number (I-Tax PAN): The Tenderer shall mention the new series Permanent Account Number allotted by the Income Tax Authorities in his Tender
IV. The bidder must mention GST Identification Number (GSTIN) and the Accounting Code in the invoice/receipts. The bidder shall indicate the rate of GST in their offer.
d. All payments shall be made on receipt of invoices in triplicate by the NFL.
e. The bidder must undertake to indemnify NFL against any loss or liability arising to NFL in connection with GST related to subject work
f. The bidder must undertake that they will deposit the GST amount in time & also submit the GST Return Forms well within stipulated time schedule so that NFL can avail input tax credit on GST immediately.
g. The payment of wages of the workers employed by the contractor shall be made through bank only.
h. The NFL shall not pay any interest on the payments to be made to the contractor under the contract.
i. Tax deduction at Source: Statutory deduction on account of Income Tax / GST & other Taxes on Works Contracts shall be made from the bill of the Tenderer at the prevailing rates, as per Income Tax Laws / Commercial Tax Laws of M.P. at the time of release of payment to the Tenderer.
14. Statutory deduction on account of Income Tax and GST on works contract shall be made at rates, at the time of release of payment to the party.
a. The rates to be quoted by the party should be inclusive of all applicable taxes on works contracts except GST. Deductions of GST at source plus surcharge thereon at the applicable rates of the Gross value of the Bill shall be made from the contractor‟s bill for depositing with the GST Authorities as per provision of the respective states GST Act.
b. “GST, if applicable shall be paid by NFL as per GOI notification on submission of the documentary evidence of the payment thereof. The tenderer must mention GST Registration/ GST Code and the Accounting code in the invoice/receipts. Any variation in the rate shall be NFL‟s Account during contractual period only.
c. Addition/deletion of taxes imposed by the State Governments/Central Government after submission of tender documents and during contractual period shall be to NFL‟s account.
d. The bidder should submit an undertaking along with every invoice as per the proforma given below:
i. In respect of Invoice No. _______ dated ______ for Rs. ______ against WO No. ___ dated _____ in accordance with GST Act/rules, GST amounting to Rs. _______ has been deposited with GOI on dated __________ vide challan No. _____dated _____ (Copy enclosed).
ii. I undertake to indemnify NFL against any loss or liability arising to NFL in connection with GST related to above WO.
iii. I also undertake that I will deposit the GST amount in time & also submit the GST Return Forms well within stipulated time schedule so that NFL can avail input tax credit on GST immediately.
15. Delay In Completion And Mutually Agreed Damages
The time period for completion of the work as specified and stipulated in the NIT/Contract shall be essence of the Contract/Work Order.
In the event of delay by the Consultant in the inspection/conduct tests on boiler and steam drum beyond agreed time schedule of completion, Mutually Agreed Damages @ 1.0% of the lump sum “Agreed Fee” per day of delay attributable to the Consultant or part thereof will be levied on the Consultant subject to a maximum of 10% (Ten percent) of the Agreed Fee/charges.
16. Sub-Contracting: Sub-Contracting of the job is will not be allowed.
17. If the Contractor fails to fulfil his obligations under the contract, NFL shall have the right to get the work done by the agency other than the Contractor, at the Risk and Cost of the Contractor, till the expiry of the period of the contract.
18. Termination of Contract:
If the Contractor is unable to execute the work, any loss incurred by the company in this respect will be to the Contractor's account. The company may also terminate the contract after giving a 1 (One) day notice in writing, if in its opinion; the work under the contract is not being done to its satisfaction if:
I. At any time, the Contractor makes default in proceeding with the work / job with due diligence and continues to do so after giving in writing a notice of 1 day from the Engineer In-Charge, or
II. If the Contractor persistently disregards the instructions of Engineer In-Charge or fails to take steps to employ competent or additional staff required or commits default in complying with any of the terms and conditions of the contract and does not remedy it or does not take steps to remedy it within 3 days after notice in writing given to him by the Engineer In-Charge, or
III. If the Contractor obtains the contract with NFL as a result of ring tendering or other non-bonafide methods of competitive tendering, or
IV. If the Contractor assigns, transfers or sublets or attempts to assign, transfer or sublet the entire work or any portion thereof without the prior written approval of the accepting authority, or
V. If the Contractor abandons the contract. VI. If the Contractor becomes bankrupt / insolvent.
NFL shall have right to get the leftover job done by alternative agencies at the Risk & Cost of the Contractor besides other legal remedies available to it.
19. Consequences of Termination:
If the contract is terminated by NFL for the reason detailed under clause 18 or for any other reason whatsoever:
a. NFL reserves the right to get the work completed at the risk and cost of the Contractor and to recover from the Contractor any amount by which the cost of completing the work by any other agency exceeds the value of the contract, without prejudice to any other remedies/rights/claims etc. that may be available with NFL.
b. Security Deposit/Performance Bank Guarantee Bond submitted by the Contractor shall stand forfeited.
c. The Contractor shall have no right to claim any compensation for any loss sustained by him by reason of his having entered into any commitment or made any advances on account of or with a view to the execution of the works, or on account of expected profits.
d. All the dues payable to the Contractor for the work executed by him before and up to termination shall only be released after making adjustments for the expenses, charges, damages and expected losses etc. incurred by NFL as a consequence of the termination of the contract.
20. Engineer In-Charge:
The Engineer In-Charge shall have general supervision and direction of the work. He has authority to stop the work whenever such a stoppage may be necessary to ensure the proper execution of the contract. He shall also have authority to reject all work, direct the application of forces to any portion of the work as, in his judgment, is required and order force increased or diminished and to decide disputes which arise in the execution of the work. The Engineer In-Charge reserves the right to suspend the work or the part thereof at any time and no claim whatsoever on this account will be entertained. In case of any dispute the Contractor may appeal to the Engineer In-Charge whose decision shall be final and binding. The decision of the Engineer In-Charge of National Fertilizers Limited shall be final in regard to all matters relating to this Tender including for determining the category of work with reference to material of an item not mentioned in the Scope of Work.
21. The Contractor may employ such employees / labourers, as he may think fit. Such employees would be 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 adhere to all the Laws, Rules and Regulations that may be in force from time to time concerning the employment or service conditions of its employees. If under any eventuality 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 the aforesaid Rules, Regulations & Laws or held liable or responsible to the employees of the Contractor in respect of any matter whatsoever, and called upon to make payment on that account, the Contractor shall reimburse NFL for the same as also any other expenses, costs & charges incurred by NFL in any proceedings or litigation arising out of any claim, demand or act on the part of the Contractor. NFL shall be entitled to claim damages or compensation from the Contractor in that event. NFL shall also be entitled to recover the aforesaid amount from the money that may become due and payable to the Contractor.
22. Contractor to Remove Unsuitable Employees: The Contractor shall, on instruction of the Engineer In-Charge, immediately remove from the work any person employed thereon who misbehaves or causes any nuisance or otherwise in the opinion of the Engineer In-Charge is not a fit person to be retained on the work and such person shall not be again employed or allowed on the works without the prior written permission of the Engineer In-Charge.
23. The Contractor shall be liable to the company for any Omission or Commission on his part or on the part of his employees causing any loss, damages or inconvenience to the plant/company. It is understood by the Contractor that in the event of any losses/damages caused to the owner due to the reasons whatsoever within his control and the same losses/damages are proved, the Contractor shall make good all the consequential losses/damages to the owner without any protest & demur. These losses/damages shall be apart from other claims/damages to which the owner is entitled under the contract or in the course of law.
24. Loss to Plant during Execution: Any damage or loss caused to the plant equipment etc., during execution of this contract by the Contractor‟s employees will be made good by the Contractor at his own cost and risk.
25. The Contractor shall pay the wages to the workmen directly without the intervention of any Jamadars or Thekedars and the Contractor shall ensure that no amount by way of commission or otherwise is deducted or recovered by Jamadars from the wages of workmen. The Contractor shall pay the wages to the workmen through BANK only.
26. The Contractor shall ensure that the payment of the minimum wages to the labourers, specified by the government from time to time, has been made in accordance with the Minimum Wages Act. Upward revision of Minimum Wages from time to time shall be deemed to be inbuilt in the quoted rates of the Contractor. If at any time, it is noticed or it comes to the knowledge that the payment, to the labourers employed by the Contractor, is not made in accordance with the Minimum Wages Act, NFL shall reserve the right to take remedial action to regulate the payments.
27. The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition) Act 1970 and rules framed there under & amended from time to time.
28. In case of non-compliance with any of the conditions / provisions contained in E.P.F. Act 1952 as amended from time to time, NFL reserves the right to provisionally retain 24% of the Contractor's payment towards employees‟ and employer's contributions, which may be released only on verification of Challan by Engineer In-Charge for deposit of PF Contribution.
29. The Contractor shall arrange a valid Labour License from the Labour Inspector immediately after the award of the contract. The entry permissions for the labour to be deployed by the contractor shall only be made after producing valid labour license. In every case in which by virtue of provision of ESI Act 1948 or any other Law for the time being enforce, NFL is obliged to pay compensation to a Workmen employed by the Contractor for the execution of the work, NFL will recover the amount of the compensation so paid from the Contractor's bill. The contractor will be solely responsible for any liability for his workers in respect of any accident, injury etc.
arising out of and in the course of Contractor‟s employment. For this purpose he shall obtain ESI Registration
Number from Appropriate Authorities and deposit both Employer's as well as employees share of ESI contribution
each month with ESI Authorities and also make necessary compliance of the provisions of the Act. The
Contractor shall be responsible for recovery of employees share of ESI contribution from the concerned Contract
Labour and NFL will not bear any liability whatsoever on this account. Further, he will also indemnify NFL against
any damages/interest that may be imposed by ESI Authorities on account of non-payment/delayed payments
towards ESI.
The Contractor shall ensure that contribution on account of ESI is deposited by due date of month and he will be
required to furnish photocopy of ESI challan every month by 21st of the month following the month to which it
relates. For this purpose, every month the contractor shall submit to NFL a copy of wages sheet as a proof of
wages paid to the staff, treasury challan regarding depositing of ESI amount etc. for perusal of officer in charge
and will also submit quarterly/periodically statements of ESI etc. as required under various labour laws in respect
of staff engaged in execution of jobs. He will also submit half yearly return of ESI.
30. Provident Fund Account Number (PF A/c. No.): The Contractor shall mention the Account Number allotted by the Provident Fund Authorities in his Tender as per statutory requirements.
31. The Contractor shall abide by all the Acts / Labour Laws related to PF, Wages, Holidays, Leaves, and Overtime etc. The Contractor is required to comply with all statutory provisions, from time to time, during the tenure of the contract.
32. Workmen Compensation / Insurance
I. In every case in which by virtue of the provision of Section 12, sub-section I of the Workmen Compensation Act 1923 or any other law for the time being in force, NFL is obliged to pay compensation to a workman employed by the Contractor in execution of the work, NFL will recover the amount of the compensation so paid from the Contractor‟s bill.
II. The Contractor will be solely responsible for any liability to his workers in respect of any accident, injury arising out of and in the course of contractor‟s employment. To meet his aforesaid obligations under the Workmen Compensation Act, the Contractor will obtain Cover Note with medical cover under Workmen Compensation Policy from Insurance Company in respect of persons employed by him for carrying out his work and obligations under the agreement. The premium payable for the aforesaid Insurance Policy shall be borne by the Contractor. The Contractor shall ensure that the said Insurance Policy remains valid till the expiry of the contract.
III. Photocopy of this Insurance Cover alongwith medical cover is required to be submitted by the Contractor to NFL immediately after the issue of L.O.I. but before the start of the work. Payment against the work done will not be released
33. The NFL will not be responsible for any injury sustained by the workers of the Contractor during the performance of the above contract, any damage, compensation due to any dispute between the Contractor and his workers. All liabilities arising out of any provision of Labour Acts / Enactments hereto in force shall be the responsibility of the Contractor. NFL under the Contract will recover any other expenditure, incurred by NFL to face the situation arising out of the negligence of the Contractor from his dues payable.
34. The Contractor shall at all times keep the NFL indemnified against all claims, damages or compensation under the provisions of the Payment of Wages Act 1936, Minimum Wages Act 1948, Equal Remuneration Act 1976, Workman‟s Compensation Act 1923, Employees Liability Act 1938, Employment of Child Labour Act 1938, Abolition of Bonded Labour Act and Contract Labour (Regulation & Abolition) Act 1970 or any other Act regulating the employment of labour by the Contractor.
The contractor shall at all times indemnify the owner against any claim which may be made under the ESI Act
1948 or any statutory modifications thereof or otherwise for or in respect of any damage or compensation
payable in consequence of any accident or injury sustained by any workman or other person whether in the
employment of the contractor or not.
35. The Contractor shall ensure that all the formalities, required to be completed under the existing laws of India for and/or in connection with engaging/employment of labourers, have been fulfilled. NFL shall be under no obligation to accept / admit any claim on this behalf.
36. Alterations, Omissions, Additions Or Substitutions of Work
I. NFL shall have power to make any alteration in, omission from, addition to, or substitutions for original specifications and instructions which may be considered necessary, during the progress of work and the Contractor shall carry out the work in accordance with any instruction which may be given to him in writing duly signed by the Engineer In-Charge. Such alterations, omissions, additions, substitutions shall not invalidate the contract and any altered, additional or substituted work, which the Contractor may be directed to do in the manner above specified as a part of the work, shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the main work.
II. If the rates for 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 rates as per specifications in the rate contract for that work.
III. In the event the extra or substituted items of the work does not fall in the category as above, the cost will be calculated on the basis of actual Labour and consumable material utilized for the job. The quoted rates will be inclusive of Overheads and Profit. The Engineer In- Charge will assess the quantum of Labour and consumable material used; whose decision in this respect will be final and binding upon the
Contractor. The Contractor will be required to obtain prior approval of NFL for rates payable to him for such extra items.
IV. Incase, the Contractor fails to do the extra and / or the substituted work, NFL will have the option to get the work done through another agency at the Contractor‟s Risk and Cost, as per Clause No. 19 of General Terms & Conditions.
37. Preservation of Free Issue Material: All materials issued to the Contractor by the Owner shall be preserved against deterioration and storage while under Contractor's custody. Any damage / losses suffered on account of non-compliance with the requirement stipulated herein shall be considered as losses suffered due to wilful negligence on the part of the Contractor and he shall be liable to compensate NFL for the losses suffered at penal rates to be determined by the Engineer In-Charge with reference to the rates charged for the purpose of recovery and shall be final and binding on the Contractor.
38. Handling during Execution: The parts supplied for installation / scaffolding material for execution of job shall be handled with utmost care. Any damage or loss caused to items during shifting / execution of this contract by the Tenderer will be made good by the Tenderer at his own cost and risk.
39. Safety Regulations: The Contractor shall observe and abide by all the Fire and Safety Regulations of the NFL. Before starting maintenance work, the Contractor shall consult NFL's Safety Officer or the Engineer In-Charge, if the Safety Engineer is not available, and familiarize himself with such regulations, copies of which will be furnished to him by NFL, when requested. He shall be responsible for and must make good, to the satisfaction of the NFL, any loss or damage due to fire to any portion of the work to be done under this agreement or to any of the NFL's existing property.
All the accidents to Contractor's staff will be reported to the Safety Officer promptly. This will, however, not relieve
the Contractor of any other statutory obligations. The Contractor shall not undertake any hot job without Safety
Work Permit. He has to maintain First Aid Box in his office. Also necessary Safety Equipment like Helmets, Hand
Gloves, Face Shields, Safety Belts etc. are to be provided to his workmen by the Contractor. However, Special
Safety Equipment (if any) required as per requirement of the job shall be provided free of cost by NFL. For any
Default / accident / loss due to the negligence of Contract/Workers, the liability of contracts shall be
“Absolute liability”
40. FORCE MAJEURE
The terms and conditions agreed upon under the CONTRACT shall be subject to Force Majeure. Neither the CONSULTANT nor the OWNER shall be considered in default in the performance of its obligations contained therein, if such performance is prevented or delayed or restricted or interfered with by reasons of war, hostilities, revolution, civil commotion, strike, epidemic, accident, fire, flood, earthquake, regulation or ordinance or requirement of any Government or any sub-division thereof, or authority or representative of any such Govt. or any other act whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of the parties hereto or because of any act of God. The party so affected shall give a notice of such occurrence to the other party in writing within 10 days from the date of occurrence the force majeure condition, furnishing therewith documentary evidence supporting the invoking of the force majeure On cessation of force majeure the party invoking force majeure shall inform the other party of the period for which force majeure condition continued and shall also give documentary evidence thereof to this effect. Should one or both parties be prevented from fulfilling their contractual obligation by a state of force majeure lasting continuously for a period of three (3) months both the parties shall meet and decide about the future course of action for implementation of the contract.
41. CONCILIATION & ARBITRATION:
i. Except where otherwise provided in the contract all matters, questions, disputes or differences whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract, or out of the matters relating to the contract or breach thereof, or the respective rights or liabilities of the parties, whether during or after completion of works or whether before or after termination shall after written notice by either party to the contract be referred to Designated Unit Head/E.D./Functional Director/ Chairman & Managing Director, National Fertilizers Limited for appointment of Arbitrator. (appropriate designated authority may be inserted as per contract value) .
ii. If the arbitrator to whom the matter is referred, vacates his/her office by any reason whatsoever then the next arbitrator so appointed by the authority referred above may start the proceedings from where his prodecessor left or at any such stage he may dream fit .
iii. The Arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996, The Arbitration & Conciliation (Amendment Act 2015) or any further statutory modification or re-enactment thereof and the rules made thereunder.
iv. 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 applicable TO NFL on the date of award of contract.
42. The contract shall be governed by and construed in accordance with the Laws of India and provisions of various Labour Laws like Factories Act 1948, Industrial Disputes Act 1947, Contract Labour (Regulation & Abolition) Act 1970, Maternity Act 1961, Workmen‟s Compensation Act 1923, Payment of Wages Act 1936, Minimum Wages Act 1948, Employee‟s Provident Funds & Misc. Provisions Act 1952, Payment of Bonus Act 1965, Payment of Gratuity Act 1972 etc. and any other Law / Legislation which may be applicable from time to time (The above Acts are only illustrative and not exhaustive).
43. Time Limit for Any Claim: In case the Contractor fails to claim compensation, from NFL on account of any claim under the contract, in writing to the Engineer In-Charge, within a period of one month of cause of action of such a claim arise, the Contractor shall be deemed to have waived of his right to claim the same.
44. Medical Checkup of Contract Worker: Contractor shall produce Medical Fitness Certificate for each worker to be deployed at Vijaipur Site from a Registered Medical Practitioner.
45. Rights of NFL: A unilateral stoppage of work by the Contractor shall be considered a breach of the CONTRACT and the NFL 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 NFL shall have the right to get the work done by any other agency/own resources at the risk and cost of the Contractor.
46. Settlement of Disputes:
All disputes or differences of any kind, whatsoever arising out of or in connection with the CONTRACT, whether during the progress of the work or after its completion and whether before or after termination of the CONTRACT, shall be referred by the Contractor to NFL and NFL shall within a reasonable time after such representation, make and notify his decision(s), thereon, in writing. The decision, directions and certificates with respect to any matter, as is especially provided for by these conditions, given and made by NFL shall be final and binding upon the Contractor. In case the decision of NFL is not acceptable by the Contractor, he can resort to the remedies available to him under the Contract i.e. Arbitration. However, if the final bill is signed by the Contractor as „Accepted‟ in full and final settlement thereof, no dispute raised thereafter shall be valid.
47. JURISDICTION: Notwithstanding any other court or courts having jurisdiction to try any civil suit arising out of this contract, it shall be only the court of competent jurisdiction at Guna alone (where the contract shall be deemed to have been entered into) to try such suits to the exclusion of all other courts of the country and all causes of action in relation to the contract will therefore be deemed to have arisen within the Jurisdiction of the Courts at Guna (Madhya Pradesh) only.
48. AGREEMENT: The Contractor‟s responsibility under this contract will commence from the date of issue of the Letter of Intent. The Tender Documents, Other Documents exchanged between the Tenderer and NFL, the Letter of Acceptance and Work Order shall constitute the Contract. The successful Tenderer shall have to execute an Agreement with National Fertilizers Limited, on a non-judicial stamp paper of Rs. 1000.00 at Vijaipur, within 10 (Ten) days of receipt of the Work Order or before start of job whichever is earlier. The cost of stamp paper shall be borne by the Contractor. The Agreement to be executed will be in the Agreement Form to be specified by National Fertilizers Limited.
Annexure-V
SCHEDULE OF RATE
S/N Description Quantity (Nos.)
Rate per Boiler
(In Figure) (In Rs)
Rate per Boiler
(In Word) (In Rs)
Total Amount (For Two Boiler)
(In Figure) (In Rs)
Total Amount (For Two Boiler)
(In Word) (In Rs)
1
Lump sump Charges inclusive of all applicable taxes & including mobilization charges and except GST for Remnant Life Assessment (RLA) study of HRU-1 and HRU-2 and connected piping and accessories in CPP Plant at NFL Vijaipur as per scope of work.
2 No.
Total Cost (for two boilers) excluding GST (in Figure)
Total Cost (for two boilers) excluding GST (in Words)
Applicable GST Rate and GST Detail (HSN Code, GSTIN Number, GST Registration Number etc)
Notes:
1. The Tenderer shall quote Single Rate and not the multiple rates in the Schedule of Rates. Any Tender with the multiple rates quoted will be summarily rejected.
2. The rates to be quoted by the party should be inclusive of all applicable taxes on works contracts except GST.
Deductions of GST at source plus surcharge thereon at the applicable rates of the Gross value of the Bill shall be made from the contractor‟s bill for depositing with the GST Authorities as per provision of the respective states GST Act.
3. GST: “GST, if applicable shall be paid by NFL as per GOI notification on submission of the documentary evidence of the payment thereof. The tenderer must mention GST Registration/ GST Code and the Accounting code in the invoice/receipts. Any variation in the rate shall be NFL‟s Account during contractual period only. The bidder must mention GST Identification Number (GSTIN) and the Accounting Code in the invoice/receipts. The bidder shall indicate the rate of GST in their offer.
4. The bidder must undertake to indemnify NFL against any loss or liability arising to NFL in connection with GST related to subject work.
5. The bidder must undertake that they will deposit the GST amount in time & also submit the GST Return Forms well within stipulated time schedule so that NFL can avail input tax credit on GST immediately.
6. TDS shall be applicable as per Income Tax Rules.
7. The Tenderer would be fully responsible for the quoted Rate & Amount and would deposit GST.
(SIGNATURE OF TENDERER) Name ____________________________
Date _______________ Place ______________
Annexure-VI
DECLARATION FORM-I
Quotation No.:________________________ Date: ___/___/_____
Dy. General Manager (M&C) M/s. National Fertilizers Limited Vijaipur-473 111 District Guna, Madhya Pradesh
Subject: Tender against the “Remnant Life Assessment (RLA) study of HRU-1 and HRU-2 and connected pipes and accessories in CPP Plant at NFL Vijaipur.”
Sir,
I / We have read the conditions of the tender attached
here to and agree to abide by such conditions. I / We offer to do “Remnant Life Assessment (RLA) study of HRU-1
and HRU-2 and connected pipes and accessories in CPP Plant at NFL Vijaipur” work at the rates quoted in the
attached Schedule of Rates and in accordance with the inspection, 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 works within the specified time in
accordance with applications, workmanship and instructions referred to in the Notice Inviting Tender.
I / We agree to accept payment by ECS / EFT from your Bank i.e. SBI, Bavrikhera branch, Branch Code: 8455. Details of
my Bank A/c No. is as under:
A/c No. in any Branch of SBI: ________________________________________
Name & Address of the Branch: ________________________________________
Branch Code: ________________________________________
IFSC Code ________________________________________
In case of acceptance of the Tender by the National Fertilizers Limited, I / We bind myself / ourselves to execute the
contract as per the conditions mentioned in the tender document, failing which, I / We shall have no objection to the
forfeiture of the Earnest Money lodged with the National Fertilizers Limited, Vijaipur.
(Signature of Tenderer with Seal)
Name: ________________________________
Address: ________________________________
________________________________
Place: ________________________________
Date: ________________________________
Annexure-VII
DECLARATION FORM-II
THE FOLLOWING DECLARATION TO BE SIGNED BY CONTRACTOR
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
2. P.F. Registration No of the Contractor to be intimated along with Documentary proof thereof.
P.F. Registration
Number
3 PAN No. of the Contractor to be intimated along with Documentary Proof thereof.
PAN No
4 GST Detail: i.e GST Registration No. with Documentary Proof.
5
"In case the Tenderer is registered as Micro/Small/Medium Enterprises under MSMED Act 2006 promulgated by Govt. of India Vide Notification dated 16.06.2006, please indicate the relevant category and also enclose scanned copy of the certificate issued by concerned authorities.
It may also be confirmed if the MSEs owned by SC/ST Entrepreneurs and attach a copy of relevant certificates issued by authorities concerned in support of your claim with the Unpriced Techno-Commercial bid.
Otherwise it will be construed that the party is not registered as per MSMED Act, 2006.
6
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.
7 Account No. in any branch of State Bank of India A/C No & Branch Code
(Signature of Tenderer with Seal)
Name: ________________________________
Address: ________________________________
Place: ________________________________
Date: ________________________________
PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES:
Government of India, vide Gazette of India No. 503 dated 26.03.2012 has proclaimed the Public Procurement Policy
on procurement of goods and services from Micro and Small Enterprises (MSEs) by all central
Ministries/Departments/PSUs for promotion and development of Micro and Small Enterprises. Accordingly, following
provisions are incorporated:
i) Issue of Tender Documents to MSEs free of cost.
ii) Exemption to MSEs from payment of EMD/Bid security.
iii) In Tender, participating Micro and Small Enterprise quoting price within price band of L1+15% shall also
be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation
where L1 price is from someone other than a micro and small enterprises and such micro and small
enterprises shall be allowed to supply up to 20% of the total tendered value. In case of more than one
such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity).
Further out of above 20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST Entrepreneurs. This
quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST
entrepreneurs.
iv) The quoted prices against various items shall remain valid in case of splitting of quantities of the items as
above.
v) In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises
Development Act, 2006, the bidder shall submit the following:
a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries
Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board
or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body
specified by Ministry of Micro, Small and Medium Enterprises.
b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence
in this regard.
vi) In case tendered item is non-splitable or non-dividable, MSE quoting price within price band L1 (other
than MSE) +15%, may be awarded for full / complete value of supplies / contract subject to matching of
L1 price.
vii) The MSEs owned by SC/ST entrepreneurs shall mean:
a) In case of Proprietary MSE, Proprietor(s) shall be SC/ST.
b) In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the unit.
c) In case of Private Limited Companies, at least 51% share is held by SC/ST. If the MSE is owned by
SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
viii) The Public Procurement Policy for MSEs is meant for procurement of only Goods produced & Services
rendered by MSE and hence shall not be applicable for works contracts.
The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a
practicing Chartered Accountant [not being an employee or a Director or not having any interest in the bidder‟s
company/firm) where audited accounts are not mandatory as per law.
If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be
presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP), 2012.
Annexure-VIII
Format F
„PROFORMA‟ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES
DEVELOPMENT ACT, 2006 [MSMED ACT 2006)”
NIT No.: _________________________________________________________________
Name of Contract: _________________________________________________________
1. You may aware that “Micro, Small and Medium Enterprises Development Act 2006” („MSMED‟) has been come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Act regarding Small Scale Industrial undertakings.
2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on the investment in plant and machinery/equipment.
3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriate authority as mentioned in the MSMED Act.
4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legal entity.
5. For your ready reference, the definitions of Micro, Small and Medium enterprises are given below: Classification of enterprises engaged in:
(a) Manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act 1951 as:
Nature of Enterprise Investment in Plant & Machinery (#)
Micro Does not exceed Rs. 25 Lakh
Small More than Rs. 25 Lakh but does not exceed Rs. 5 Crores
Medium More than Rs. 5 Crores but does not exceed Rs. 10 Crores
(b) Providing or rendering services:
Nature of Enterprise Investment in Equipment
Micro Does not exceed Rs. 10 Lakh
Small More than Rs. 10 Lakh but does not exceed Rs. 2 Crores
Medium More than Rs. 2 Crores but does not exceed Rs. 5 Crores
(#) In calculating the investment in plant & machinery, the cost of pollution control, research and development,
industrial safety devices and such other items as may be specified will be excluded.
6. You are therefore requested to fill the “Format” [proforma attached] and submit the same along with proof of valid document/ certificate [indicating registration no.] in your offer. In case same is not submitted along with your offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.
Annexure-IX
Format - __ (A)
CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT,
2006 (MSMED ACT 2006)
NIT No.: _________________________________________________________________
Name of Contract: _________________________________________________________
1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006” („MSMED‟) are applicable to us and our organization falls under the definition of:
a. Micro Enterprise - [ ]
b. Small Enterprise - [ ]
c. Medium Enterprise - [ ]
(Please put a tick in the appropriate box)
2. Copy of proof of valid document/ certificate [indicating registration no.] of being a Micro/ Small/ Medium Enterprises is enclosed.
Place: ____________ Signature of Authorised Signatory
Date: ____________ Name: _____________________
Designation: ________________
Seal:
Note: In case above Format along with proof of valid document/ certificate [indicating registration no.] is not
submitted in offer, it will be presumed that your organization is not a micro, small or medium enterprises as
per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible
under the MSMED Act 2006.
Annexure-X
AGREEMENT
This contract made at GUNA (M.P.) this ________________ day of _ _____ 2017 between NATIONAL
FERTILIZERS LIMITED Vijaipur, (A Government of India Undertaking) registered in India under the Indian
Companies Act, 1956 having its registered office at Scope Complex, Core No. III. 7, Institutional Area, Lodhi
Road, New Delhi – 110003 (hereinafter referred to as the “OWNER” which expression shall include its
successors and assigns) of the one part.
AND
M/s _____________________________________________________________________ having its
registered office at ______________________________________________________ (hereinafter referred
to as the “CONTRACTOR” which expression shall include its executors, representatives and permitted
assigns/ successors) of the other part.
WHEREAS
The owner is desirous of executing certain works more specifically mentioned and described in the Order No.
____________________________________dated ____________________ for
`______________________` (___________________________________) and whereas the contractor has
agreed to execute the work as specified in the Tender Document and in the Order mentioned above and also
in the Contract Documents.
NOW, THEREFORE, THIS CONTRACT AGREEMENT WITNESSETH AS FOLLOWS:
ARTICLE- I
1.1 CONTRACT DOCUMENTS The following documents shall constitute Contract Documents namely:
a) This Contract Agreement, b) Work Order No.________________________________dated______________. c) Your quotation No. ______________________________dated______________.
ARTICLE – II
2.1 WORK TO BE PERFORMED In consideration of the payments to be made to the Contractor as hereinafter provided, he shall with due care
promptness, accuracy and workmanship execute the work in accordance with the Approved Plans, Notice,
General conditions and Directions of Contract, Technical Specifications, Letter of Intent and Work Order.
2.2 Without prejudice to any other mode of service provided for in the contract documents or otherwise available to the owner, any notice under or any other communication sought to be served by the owner on the contractor with reference to the contract shall be deemed to have been sufficiently served if delivered by hand or through Registered Post acknowledgement due to the principal office of the contractor of Guna ( M.P.
ARTICLE –III
3.1 WAIVER No failure or delay by the owner in terms of the contract or any obligation or liability of the contract in terms
thereof shall be deemed to be waiver of such right, remedy obligation or liability as the case may be, by the owner
or notwithstanding such failure or delay, the owner shall be entitled at any time to enforce such right, remedy
obligation or liability, as the case may be.
ARTICLE – IV
4.1 NON ASSIGN ABILITY The contract and benefits and obligations thereof shall be strictly personal to the contractor and shall not on any
account be assignable or transferable by the contactor.
IN WITNESS WHEREOF THE parties hereto have duly execute this contract in DUPLICATE at the place, day
and year first written / IN WITNESS WHEREOF the owner has executed this contract in DUPLICATE at the
place, day and year first above written white the contractor has executed those presents the day and year
hereunder written against the Contractor(s).
SIGNED AND DELIVERED SIGNED AND DELIVERED
for and on behalf of for and on behalf of
National Fertilizers Limited
In the presence of: In the presence of:
1._________________ 1. _____________________
2._________________ 2._____________________
Annexure-XI
PERFORMANCE BANK GUARANTEE FORMAT
(PARA6.06.4 –III)
(To be prepared on Stamp paper issued in the name of Bank)
This BANK GUARANTEE No. __________________made this day of
________________between___________________________ a bank incorporated and having its registered office
at ________________________(hereinafter called Bank) which expression shall unless repugnant to the context or
contrary to the meaning thereof include its successors and assigns on the one part and NATIONAL FERTILIZERS
LIMITED,VIJAIPUR, a Company registered in India under Companies Act, 1956 and having its registered office at
Core -III, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi -110 003, India to the context or contrary to
the meaning thereof include its successors and assigns on the other part.
WHEREAS in pursuance to the agreement No. ________________dated ______________(hereinafter called
CONTRACT) entered into between National Fertilizers Limited (hereinafter called OWNER and
________________________ a Company incorporated in _______________________ (hereinafter called
CONTRACTOR) which expression shall unless repugnant to the context or contrary to the meaning thereof include
its successors and assigns, for supply of _________________as envisaged in the Contract, Contractor has to
submit a Performance Bank Guarantee for Rs_________________(Rupess_________________only).
CONTRACTOR accordingly agrees to furnish the Performance Bank Guarantee as hereinafter contained towards
fulfilment of all of its obligations under the contract.
Now this Deed witness as follows:
1. In pursuance of the Contract, the Bank hereby guarantees as a direct responsibility to OWNER that the BANK
is holding the amount of Rs.__________(Rupees _________ only) at Owner's disposal and hereby promises
and shall be bound to pay to OWNER, forthwith at Owner's written notice stating that the contractor has failed
to fulfil its obligations under the contract for reasons for which contractor is liable and without any protest or
demur and without recourse to contractor and without asking for any reasons as to whether the amount if
lawfully asked for by Owner or not, the entire amount or the portion thereof as mentioned by Owner in the
notice. The decision of the Owner as to whether the terms and conditions of this Performance Bank Guarantee
have been observed or not shall be final and binding on the BANK. In any case, however the Bank's
responsibility under this Performance Bank Guarantee is limited to Rs. __________(Rupees_______________
only).
2. This Performance Bank Guarantee shall be valid for an initial period of ____________months from the date
of this Bank Guarantee No. ________________ dated ______________ given by the Bank to Owner
become effective. Upon issuance of Commissioning/ Erection/Completion certificate according to terms of
contract on expiry of _______________months after the issuance of the above mentioned certificate of
commissioning / erection / completion certificate, the Performance Bank Guarantee shall become null and
void.
3. This Performance Bank Guarantee shall be in addition to and shall not affect or be affected by any other
security now or hereafter held by Owner on account of money hereby intended to secure and Owner at its
discretion and without any further consent from the Bank, and without affecting its rights against the Bank,
may compound with, give time or other indulgence to or make any other arrangement with Contractor and
nothing done or omitted to be done by Owner in pursuance of any authority or permission contained in this
guarantee, shall effect discharge of the liability of the Bank.
4. UNLESS PREVIOUSLY CANCELLED BY THE OWNER, this Performance Bank Guarantee will remain in
force initially upto _____________months from the effective date of Bank Guarantee No. ________________
dated ____________ given by the Bank to the Owner and subject to provisions of paragraph 2 above will
stand automatically cancelled on the expiry of the said period. Unless demand or claim under this Bank
Guarantee is made on Bank in writing within three months from the date of expiry of this Bank Guarantee, all
the rights of Owner against the Bank shall be forfeited and Bank shall be relieved and discharged from all the
liabilities hereunder.
5. Any notice by way of request, demand or otherwise hereunder may be sent by post to the Bank, addressed
as aforesaid, and if sent by post, it shall be deemed to have been given at the time when it would be
delivered in due course of post, and in proving such notice, when given by post, it shall be sufficient to prove
that the envelope containing the notice was posted and a certificate, signed by an officer of the owners, to the
effect that the envelope was so posted, shall be conclusive.
6. The Performance Bank Guarantee is to be returned to the Bank after its expiry in terms of Paragraph 4
above.
7. The Bank declares that it has the power to issue this guarantee and the undersigned have full power to do
so.
Dated ______________ this ________ day of________2017
(Indicate the name of the Bank with stamp)
INFORMATION REGARDING TENDERER
PERFORMA NO. - 1
A) In case of individual
i) Name of Business
ii) Whether his Business is registered
iii) Date of commencement of business
iv) Whether he pays Income-Tax over Rs. 10,000/- per year
B) In case of Partnership
i) Name of Partnership
ii) Whether the Partnership is registered
iii) Date of establishment of firm
iv) If each of the partners of the firm pays Income-Tax over Rs. 10,000/- a year and if not which of them pays the same
C) In case of Limited Liability Company or Company Limited by Guarantee
i) Amount of paid up capital
ii) Name of Directors
iii) Date of Registration of Company
iv) Copies of the last two years‟ Balance Sheets of the Company
D) Income Tax
i) Income Tax Clearance Certificate for previous years.
(SIGNATURE OF TENDERER) Name ______________________________
Dated ________________
Place ________________
DETAIL OF EXPERIENCE
PERFORMA NO. - 2
Tenderer shall give information of similar works done during the past seven years strictly as per Performa given below:
Sr. No.
Full particulars of similar work carried out by Tenderer
Value of Contract
Contracted Completion
time
Actual completion
time
Year of completion
Name & Postal Address of Client
Certified that the above information is correct.
(SIGNATURE OF TENDERER)
Name________________________________
Date _________________
Place _________________
PRESENT COMMITMENTS
PERFORMA NO. - 3
Tenderer shall furnish the details of their present commitments strictly as per this Performa.
Sr. No.
Name of work
Name & address of Client with the name of
person under whom the work is being
executed
Contract Value Brief description of
work
Contracted date of
completion with the date
of start of work
% age completed as on date
Expected date of completion
of balance work with
approx. value of such
balance work
Certified that the above information is correct.
(SIGNATURE OF TENDERER)
Name______________________________
Date _________________
Place _________________
INFORMATION REGARDING EQUIPMENT WHICH THE TENDERER PROPOSES TO USE FOR THIS WORK
PERFORMA NO. - 4
Sr. No
Description Quantity Make Capacity Owner Approx., date when it will be deployed
at site
Period of attention at
site
Certified that the above information is correct.
(SIGNATURE OF TENDERER)
Name______________________________
Date ________________
Annexure-XII
General Arrangement Drawing of HRU-1 and HRU-2
