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Page 1 C:\Users\admin\Documents\Civil Engg. Deptt -BSL\Contractor Record\2014-15 from 485\485 - ARC White-washing\Tender\NIT(485).doc INDEX Name of Work “ARC for White washing, Painting, distempering and Cement Painting of Quarters & Public Building in Naya Nangal T/ship and plant building inside Factory Area (including workshop, conveyor galleries, control room, transfer tower) during the year 2015-16”. Sr. No PARTICULARS FROM PAGE TO PAGE No. OF PAGES 1 Index 01 01 01 2 Covering Letter of NIT 02 05 04 3 Notice Inviting Tender 06 07 02 4 Eligibility & Evaluation Criteria 08 09 02 5 Instruction to tenderers 10 11 02 6 Special Conditions of Contract 12 15 04 7 Technical Terms And Scope of work 16 22 07 8 Commercial Terms and Conditions 23 32 10 9 Annexure A 33 33 01 10 Annexure B 34 34 01 11 Annexure C 35 35 01 12 Annexure D 36 36 01 13 Annexure - E 37 37 01 14 Annexure - F 38 38 01 TOTAL PAGES 38 15 Schedule of Quantities 06 NET TOTAL OF PAGES 44 GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT IS ATTACHED. NOTE: - 1. Contractors are requested to see that all the paper of tender document issued to them are intact as per above Index. 2. Wherever reference to “DSR-2007”, “DSR-2002”, “DSR-1997” or “DSR – 1981” or DSR of any other year of publication, is given in this document or in General Directions and Conditions of Contract, that may be read and treated as “DSR – 2012” (CPWD, Delhi Schedule of Rates 2012).

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C:\Users\admin\Documents\Civil Engg. Deptt -BSL\Contractor Record\2014-15 from 485\485 - ARC White-washing\Tender\NIT(485).doc

INDEX

Name of Work “ARC for White washing, Painting, distempering and Cement Painting of Quarters & Public Building in Naya Nangal T/ship and plant building inside Factory Area (including workshop, conveyor galleries, control room, transfer tower) during the year 2015-16”.

Sr. No PARTICULARS FROM

PAGE

TO

PAGE

No. OF

PAGES

1 Index 01 01 01

2 Covering Letter of NIT 02 05 04

3 Notice Inviting Tender 06 07 02

4 Eligibility & Evaluation Criteria 08 09 02

5 Instruction to tenderers 10 11 02

6 Special Conditions of Contract 12 15 04

7 Technical Terms And Scope of work 16 22 07

8 Commercial Terms and Conditions 23 32 10

9 Annexure – A 33 33 01

10 Annexure – B 34 34 01

11 Annexure – C 35 35 01

12 Annexure – D 36 36 01

13 Annexure - E 37 37 01

14 Annexure - F 38 38 01

TOTAL PAGES 38

15 Schedule of Quantities 06

NET TOTAL OF PAGES 44

GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT IS ATTACHED.

NOTE: -

1. Contractors are requested to see that all the paper of tender document issued to them are

intact as per above Index.

2. Wherever reference to “DSR-2007”, “DSR-2002”, “DSR-1997” or “DSR – 1981” or DSR

of any other year of publication, is given in this document or in General Directions

and Conditions of Contract, that may be read and treated as “DSR – 2012” (CPWD,

Delhi Schedule of Rates – 2012).

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NATIONAL FERTILIZERS LIMITED

(A Govt. of India Undertaking)

(CIVIL ENGINEERING DEPTT.)

NANGAL UNIT, NAYA NANGAL – 140126 Phone No. 01887 -222574, Fax No. 01887- 220541, 220420

Website: www. nationalfertilizers.com, e-mail: [email protected] ; [email protected]

======================================================================

Ref .No. NFL/NGL/C/485/2015/ Date: ……………

Covering Letter of NIT

To,

__________________________

__________________________

__________________________

Sub: Tender for “ARC for White washing, Painting, distempering and Cement Painting of

Quarters & Public Building in Naya Nangal T/ship and plant building inside Factory

Area (including workshop, conveyor galleries, control room, transfer tower) during

the year 2015-16”.

Dear Sirs,

Sealed tenders are invited for the work as detailed below: -

1. Name of Work: ARC for White washing, Painting, distempering and Cement

Painting of Quarters & Public Building in Naya Nangal T/ship

and plant building inside Factory Area (including workshop,

conveyor galleries, control room, transfer tower) during the

year 2015-16.

2. Earnest Money Rs. 25,000/-

3. Tender Fee: Rs. 500/-

4. Estimated Value of the

work :

Rs. 17.12 Lacs

5. Time of Completion: 12 - Months

6. Last date of issue of

Tenders:

Upto 4:00 P.M. on 18.08.2015

7. Last date and time of

Receipt of Tenders:

Upto 3:00 P.M. on 19.08.2015

8. The date and time of

Opening of Tenders:

03:30 P.M on 19.08.2015

9. Place of receipt and

Opening of Tenders:

Office of Manager (Civil)

10. All request for interpretation, clarification & queries in connection with tender shall be

addressed in writing to Issuing Authority i.e. DGM (M&C) at least 7 (SEVEN) days prior to

the closing date of the tender.

11. The Tender shall be submitted duly superscribed (Name of the work “ARC for White

washing, Painting, distempering and Cement Painting of Quarters & Public Building in Naya

Nangal T/ship and plant building inside Factory Area (including workshop, conveyor

galleries, control room, transfer tower) during the year 2015-16”)

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12. The rate should be quoted in the Units given in the Schedule of Rates. The rates should be

quoted in words and figures. The rates quoted shall remain valid for 120 days from date of

opening of tenders for the acceptance.

13. NFL reserves the right to issue / non- issue or reject tender documents 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.

14. Tender shall be submitted in THREE SEPARATE SEALED Envelopes as under:

Envelope No.1:

Will be superscribed “EM” (Earnest Money) and shall contain earnest money deposit of

Rs. 25,000/- and Rs. 500/- as Tender Fees in the form of a crossed demand draft (separate for both

amount) issued by any scheduled bank except rural and cooperative bank in favor of National

Fertilizers Limited, Naya Nangal, payable at Nangal. Cheque shall not be considered, in any case.

Envelope No.2:

Will be superscribed “TC” (Terms and Conditions) and shall contain terms and conditions set for

the tender by tenderer for his offer (in duplicate) and which are at variance from the terms and

conditions of the tender documents issued by NFL and the documents as per Para 16 & 18.

(DECLARATION FORM to be enclosed in this envelop)

Envelope 3:

Will be superscribed “PB” (Price Bid) and shall contain the rates and amount quoted in the

prescribed schedule of rates. All the three sealed envelopes shall be submitted in a separate sealed

envelope superscribed ”(Name of the job ARC for White washing, Painting, distempering and

Cement Painting of Quarters & Public Building in Naya Nangal T/ship and plant building inside

Factory Area (including workshop, conveyor galleries, control room, transfer tower) during the

year 2015-16).”

15. Opening of Tender :

Envelope No.1:

Marked “EM” containing Earnest Money will be opened first, on the schedule date of opening 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 will be carried on with the respective tenderer

for clarification, if any.

Envelope No.3:

Marked “PB” will be opened subsequently on the same day or at a later date, which will be

intimated to tenderer.

The following documents are to be submitted with the quotation in the envelope no. 2, failing

which the tender will be liable for rejection:

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16.1 (in case the parties are pre- qualified);

a) Declaration Forms I & II

b) An Affidavit on Non-Judicial Stamp paper of min. Rs.10/-duly attested by Notary, stating: -

i) That party/their associates/sister concerns etc. has not been black listed or put on holiday

by any institutional agency/ Govt. Deptt. /Public Sector Undertaking in the last two years

for participating in the tender.

ii) No other firm/sister concerns/associates belonging to the same group is participating/

submitting tender for the job.

c) Other details are as under: -

PAN (Permanent Account No.) issued by Income Tax Deptt.

PF No. (Provident Fund No.) issued by Regional PF Authority.

Service Tax No., Code No./Accounting Code if applicable.

Declaration Forms I&II

ESI Registration No.

d) Power of Attorney in the Name of Person, who has signed the Tender Document. (In case of

Partnership Firm or otherwise as the case may be).

16.2 In case the parties are not pre-qualified, their offer will be considered as per laid down pre-

qualification criteria‟:

Tenderer shall submit along with the tenders full particulars of their capacity, experience

giving the list of similar jobs carried out by them during the last seven years, the complete

address of organization for which such works have been executed and also substantiate their

claims furnishing the copy of their credentials as per NIT. In the absence of these documents

tender will not be considered.

17. The contractor shall quote single rate against each item and not the multiple rates in the

Schedule of Rates. Any tender with the multiple rates quoted will be summarily rejected.

Price should be quoted strictly as per the Performa enclosed for Schedule of Price.

18. This letter shall form part of the contract document and shall be signed and returned along

with the tender documents.

19. All pages shall be initialed at the lower right hand corner and signed wherever required in the

tender papers by the tenderers or by a person holding power of attorney authorizing him to

sign on behalf of the tenderer before submission of tender. All corrections and alterations in

the entries of tender paper will be signed in full by the tenderer with date. No eraser or

overwriting is permissible.

20. No condition or deviation should be mentioned by tenderer in Price Bid. Offers where the

party has mentioned any condition or deviation in Price Bid shall be out rightly rejected.

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21. While submitting the offer, bidders may ensure that tender document/offer has been signed

by authorized signatory of the company. Subsequent withdrawal of offer / non-acceptance of

orders placed based on the offer submitted by them, will not be entertained on the ground

that the offer was not signed by the authorized person.

22. One person will be allowed to represent only one company during discussion / negotiation

with NFL. If same person is representing different companies with authorization letter from

more than one company, such person will be allowed to represent only the first company

called for negotiation.

23. The Tender shall be addressed to DGM (M&C).

Thanking you,

Yours Sincerely,

for National Fertilizers Limited

(Rajesh Kumar)

Manager (Civil)

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COPY OF NIT

RELEASED THROUGH PRESS

NATIONAL FERTILIZERS LIMITED, NANGAL UNIT, NAYA NANGAL

Ref. NFL/NGL/C/485/2015/ Date: 16.07.2015

Tender Notice No. NFL/NGL/C/485/2015/003.

Sealed tenders are invited from experienced and financially sound contractors for the following works: -

S.

N.

Work Description Est.

Cost

(Rs.)

Cost of

Tender

Documents

(Rs.)

Availability

of Tender

Documents

Last date for

sale of Tender

Documents

Date of receipt of

Tenders / opening of

tenders (Envelope No.

1 & 2)

1

ARC for White

washing, Painting,

distempering and

Cement Painting of

Quarters & Public

Building in Naya

Nangal T/ship and

plant building

inside Factory Area

(including

workshop,

conveyor galleries,

control room,

transfer tower)

during the year

2015-16.

17.12

Lacs

Rs. 500/-

Website or

Office of

Mgr.(Civil)

18.08.2015

up to

4:00 P.M.

19.08.2015

up to 03:00 P.M. /

03:30 P.M.

For eligibility / evaluation criteria and documents required to be submitted, refer “Tender Documents” at our

website www.nationalfertilizers.com

DGM (M&C)

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NATIONAL FERTILIZERS LTD. (CIVIL ENGG. DEPTT. ) NNAGAL – 140126

Phone No. (01887) 222574, 220616 Fax No. (1887) 220541, 220420

Website: www. nationalfertilizers.com E-Mail : [email protected]

Ref. No. NFL/NGL/C/485/2015/ Dtd. 16-Jul-2015

NOTICE INVITING TENDER

Sealed tenders are invited from experienced and financially sound contractors in” Two Part Bid

System” for the work of “ARC for White washing, Painting, distempering and Cement Painting of

Quarters & Public Building in Naya Nangal T/ship and plant building inside Factory Area

(including workshop, conveyor galleries, control room, transfer tower) during the year 2015-16” as

per following schedule:

Sr.

No

NIT No. Tender

Fee

(Non-

Refund-

able)

EMD Overall

Time of

Comple-

tion

Estimated

Cost of

work

Last date & time for

Issue of

Tender

documents

Submission

of sealed

tenders

Opening of

Tenders

(Technical

Bids)

1. NFL/NGL

/C/485/20

15/003.

Rs.

500/-

Rs.

25,000/-

12

Months

Rs. 17.12

Lakh

18.08.2015

up to

4:00 P.M.

19.08.2015

up to

03:00 P.M.

19.08.2015

at

03:30 P.M.

Tender documents (non-transferable) can be had by the contractor or his duly authorized

representative from the office of Manager (Civil) as per above schedule on submission of Tender

Fee. Tender fee (non-refundable) and earnest money shall be paid by Demand Draft / Pay Order /

Banker’s Cheque only drawn in favour of National Fertilizers Limited, payable at Naya Nangal /

Nangal (Pb.). Tender documents can also be downloaded from our website

www.nationalfertilizers.com, in that case, tender fee as stated above is to be submitted in the form

of separate Demand Draft. No Cheque shall be accepted in any case.

NFL reserves it’s right to open the Price bids of only such contractors who are found to be

meeting the eligibility criteria (as defined on page 8 of contract Document) based on the

documents submitted by him/them in the Technical bids. If there happens to be holiday on the

date mentioned above, the relevant transanction will be held on next working day. Conditional

tenders are liable to be rejected.

Tenderers shall submit their tenders complete in all respects in sealed cover, with all documents

mentioned in the tender, so as to reach the office of Manager (Civil), National Fertilizers

Limited, Nangal – 140126 up to 3:00 P.M on 19.08.2015.

NFL takes no responsibility for delay, loss or non-receipt of tender document sent by post. Tenders

received through Post / Courier after 3:00 PM on 19.08.2015, shall not be considered.

For & on behalf of

National Fertilizers Limited, Nangal

DGM (M&C)

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TO BE SUBMITTED IN ENVELOPE - II

Sub.: ARC for White washing, Painting, distempering and Cement Painting of Quarters & Public

Building in Naya Nangal T/ship and plant building inside Factory Area (including

workshop, conveyor galleries, control room, transfer tower) during the year 2015-16.

Ref: NIT No. NFL/NGL/C/485/2015/003 dtd. 16.07.2015.

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 bids shall not be opened.

1. The parties 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. and also provide photo copy of documentary evidence duly attested

by Notary.

2. 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 the

previous month, from the issue of NIT.

(i) Three similar completed works each costing not less than Rs. 6.85 Lakh OR

(ii) Two similar completed works each costing not less than Rs. 8.56 Lakh OR

(iii) One similar completed work costing not less than Rs. 13.70 Lakh

Definition of "similar work” means: Nature of work like “Civil Engineering Works

pertaining to Masonry/ Concrete/ Wood /Public Health/ Sanitary Works/ Earth / Ash Pond/

Civil Horticulture / Material Handling/ Structure Steel/ Railway Maint./ Maintenance and

Finishing nature /Labour Oriented jobs” etc. Tenders to submit the copies of work orders

alongwith successful execution certificates.

3. Average Annual financial turnover of the agency during the last 3 years ending 31st March

2014 should be at least Rs. 5.14 Lakh for which agency shall submit the documentary

evidence of Balance Sheet and P&L for the year 2011-12, 2012-13 & 2013-14 in support

thereof.

4. Copy of PAN.

5. Copy of P.F. Registration No. issued by PF Authorities.

6. Copy of Service Tax Code & Registration No. allotted by Central Excise Deptt.

7. Declaration pertaining to Service Tax as per Annexure-F.

8. Copy of ESI Registration No. issued by ESI Authorities (as per Annexure-E).

9. Latest Bank Solvency Certificate, amounting to Rs. 6.00 Lacs, issued by any nationalized /

scheduled bank of India (Bank Solvency issued 12-months prior to the date of issue of NIT

shall also be considered valid unless otherwise expired).

10. Certificate regarding No Relation with employees of NFL as per Enclosed Performa

(Annexure- E).

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 document shall have to be submitted by the party

before the award of work. Otherwise EMD of the party shall be forfeited.

1. Labour License.

2. If the party is registered as Micro/ Small/ Medium Enterprises as per MSMED Act, 2006, the

same may be confirmed by the party and submit a photocopy of the registration certificate in

support thereof. (As per Annexure-E).

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1. EVALUATION CRITERIA

1. The contract shall be awarded on Composite 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 the terms & conditions of the contract.

3. Contractors are required to quote their rates of the respective item of work as per the

“UNIT” of Item mentioned in the Schedule of Quantities. If it is found that the contractor

has quoted his rates against a particular item(s) by changing the “UNIT”, the such quoted

rates of the contractor with the changed “UNIT” shall be ignored and treated as

UNQUOTED RATE against that particular Item(s)and the tender shall be evaluated as

mentioned at Para -2 above.

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INSTRUCTIONS TO THE TENDERERS

i) Tenderers are advised to study the terms and conditions as laid down in Tender Document

and also to inspect and examine the site and its surroundings and satisfy themselves before

submitting their tenders, as to the nature of the ground and sub-soil (so far as is

practicable), the form and nature of the site, the means of access to the site, the

accommodation they may require and in general shall themselves obtain all necessary

information as to risk, contingencies and other circumstances which may influence or

affect their tender. A tenderer shall be deemed to have full knowledge of the terms and

conditions of contract and also shall be deemed to have full knowledge of the site, whether

he inspects it or not and no extra charge consequent on any misunderstanding or otherwise

shall be allowed.

ii) Tenderers shall submit their tenders complete in all respects in sealed cover, with all

documents mentioned in the tender, so as to reach the office of Manager (Civil), National

Fertilizers Limited, Nangal – 140126 up to 15:00 hrs. on 19.08.2015.

iii) The Contractor should submit their quotations in three separate envelopes. First envelope

Marked "ENVELOPE -1" and super scribed “ EMD “ should contain the earnest money,

Second envelope, Marked "ENVELOPE - II and super scribed “ TERMS AND

CONDITIONS “ should contain all the terms and conditions of contract along with duly

filled in Annexures as supplied to the contractor duly signed on each page as token of

acceptance of the same, all other documents as required as per the eligibility criteria

mentioned at page 8 and the Third Envelope Marked " ENVELOPE – III, and super

scribed “ PRICE BID “ should contain the quoted rates and amount on the Performa of “

Schedule of Quantities “ as issued to contractor. No condition should be mentioned on this

Performa. All the three sealed envelopes should be stapled together or placed in a separate

envelope and submitted in the office of Manager (Civil) on / before Scheduled date and

time of submission of tenders as per referred NIT.

No condition in Price Bid shall be accepted / conditional offer shall not be accepted.

iv) The tenderer should also see the ‘Technical/ Special/ Commercial Terms & Conditions’

placed in the end of this document and quote his rates accordingly on the Schedule of

Quantity enclosed.

v) In case the tender documents are downloaded from NFL’s website, they shall be

accompanied by a Demand Draft / Pay Order / Banker’s Cheque of Rs. 500/- in favour of

National Fertilizers Limited payable at Nangal / Naya Nangal (Pb.) as tender fee and the

tenders not accompanied with tender fee, shall be rejected.

vi) The tender shall be accompanied by Earnest Money of Rs. 25,000/- (Rupees Twenty Five

Thousand only) in the form of Demand Draft / Pay Order / Banker’s Cheque payable at a

scheduled bank at Naya Nangal / Nangal (Pb.), in favour of National Fertilizers Limited.

Tenders not accompanied by EMD shall be rejected. No Cheque shall be accepted in any

case.

vii) Not more than one tender shall be submitted by a contractor or by a firm of contractors. No

two or more concerns in which an individual is interested, as a proprietor and/or a partner

shall tender for the execution of the same works. If they do so, all such tenders are liable to

be rejected.

viii) Submission of a tender by a tenderer implies that he has read this notice and all other

contract documents and has made himself aware of the scope and specifications of the

works to be done and of conditions and rates at which stores, tools and plant, etc. will be

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issued to him by NFL and local conditions and other factors bearing on the executing of the

works.

ix) A tenderer shall quote in figures as well as in words the rate(s) tendered, the amount of

each item shall be worked out and the requisite totals given. Special care shall be taken to

write rates in figures and words and the amounts in figures only in such a way that

interpretation is not possible. The total amount shall be written both in figures and in

words.

x) Tenderers must give their postal address as well as their residential address with phone

numbers, Fax No. & E-Mail address of themselves or their Chief Executive or Agent, in the

tender at the proper place. The tender documents submitted by the tenderer will be rejected

if he or his agent cannot be contacted after reasonable search and the earnest money will be

forfeited by NFL.

xi) The tenderer shall sign at the bottom right hand corner of every page of the tender

documents in token of acceptance of NFL’s conditions and for the purpose of

identification.

xii) When the tender submitted is not in the name of an individual, the tender shall disclose the

nature, constitution and registration of the tendering firm and shall be signed by persons or

a person duly authorized by the firm by means of legal document/Power of Attorney, a

duly certified copy of the same shall be attached with the tender. For illustration, in the

event of a tender being submitted by a partnership firm it must be signed separately by each

partner or by a person holding power of attorney authorizing him to do so. Such power of

attorney shall be produced with the tender and it must disclose that the firm is duly

registered under the Indian Partnership Act. In case of company authority letter must be

signed by the Company Secretary / Managing Director/CMD.

xiii) It is the responsibility of the contractor to keep their labour in the specified area only. Strict

action would be taken against the labour and contractor, if found at other than the work

places and or indulge in any unlawful activities or activities prejudicial to the interest of the

company (NFL)

xiv) The Contractor shall have to give an undertaking in writing in the enclosed Annexure ‘A’

along with the tender that all the conditions of inviting tenders are acceptable to him

without any reservation & he himself has ascertained the quantum, nature & procedure for

carrying out the job.( Envelope-II).

xv) Declaration regarding unconditional offer is to be signed by the contractor and submitted as

per Annexure – “B” (Envelope-II)

xvi) The General Directions and Conditions of Contract (GDCC) shall form part of the contract

and these are to be signed by the contractor as a token of acceptance of the same and

submitted as per Annexure – “C” (Envelope-II)

xvii) Declaration regarding no relations in NFL is to be provided in the enclosed Annexure ‘E’

(Envelope-II)

xviii) Annexure-D shall be submitted in separate envelope by such contractor(s) who have down

loaded the tender documents from our website. This applicable along with Demand Draft

is to be deposited with NFL on or before submitting the main tender.

xix) These instructions to tenderers shall form part of the contract documents.

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SPECIAL CONDITIONS OF CONTRACT

1. ARBITRATION & CONCILIATION

The contract shall be governed by and construed in accordance with the laws of India.

A) “Except where otherwise provided in the contract all matters, question 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 matter relating to the contract or the

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 the Unit Head, National Fertilizers Ltd, Nangal Unit or

his/her nominee.

The arbitration & Conciliation Act, 1996 or any statutory modification or re-enactment thereof

and the rules made there under shall govern the Arbitration proceedings.

The contractor hereby agrees that he shall have no objection if the arbitrator so appointed is an

employee of NFL and he had to deal with the matter to which 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 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 date

of award of contract.”

B) 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.

2. FORCE MAJEURE :-

The terms and conditions agreed upon under the contract shall be subject to Force Majeure.

Neither the contractor, nor NFL shall be considered in default in the performance of their

obligations contained therein, if the performance is prevented or delayed or restricted or

interrupted with by the reason of war, hostilities, revolution, civil commotion, strike,

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epidemics, accident, fire, unprecedented rains /flood, earthquake, regulation or ordinance or

requirement of any Government – or any sub division thereof, or authority or representative of

any such Govt. and/or due to technical snag/reasons 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 upon giving prompt notice to the other party

shall be excused from such interference to the extent of such prevention, delay, restriction or

performance for the period it persists provided that the party so affected shall use its best

efforts to avoid or remove such causes of non-performance if possible and shall continue

performance hereunder with the utmost dispatch whenever such causes are removed. Should

one or both parties be prevented from fulfilling their contractual obligations by a state of force

majeure lasting continuously for a period of one week, the two parties to the contract shall

meet and decide about the future course of action for implementation of the contract.

3. CONTRACTOR’S OBLIGATIONS:-

i) The contractor has to arrange all types of materials, labour, tools and plants, equipments

and machinery at his cost to execute the work to the entire satisfaction of Engineer-in-

charge/as per contract provisions for which he will be paid for as per his quoted/finally

agreed rates as per work order.

ii) Personal protective equipment (PPEs) such as shoes, goggles, hand gloves, safety belts etc.

for the labour shall be arranged by the contractor and it is mandatory for all workmen to

use the PPEs. All the tools and tackles to be used in execution of the job must have valid

test certificates.

iii) Contractor may employ such number of employees / labourers as he may think fit and the

employees so employed shall be the employees of the contractor for all purposes

whatsoever and shall not be deemed to be in the employment of NFL under any

circumstances whatsoever. Contractor shall adhere to all 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 made responsible in

any manner whatsoever for the default or omission neglect on the part of the contractor or

its employee in abiding by the aforesaid rules, regulations and 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, NFL shall be reimbursed by the contractor

for the same as also any other expenses, costs and charges incurred by NFL in any

proceeding or litigation arising out of any claim demand or act on the part of the contractor,

NFL shall be entitled to and recover the damages or compensation from the contractor /

from the money that may become due and payable to the contractor.

iv) 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 damages/losses to the owner

without any protest and demur. These damages/losses shall be a part from other

claims/damages to which the owner is entitled under the contract or in the court of law.

v) If a tenderer has relations whether by blood or otherwise with any of the employees of the

owner (NFL), the tenderer must disclose the relation in the form of declaration attached, at

the time of submission of tender, failing which NFL shall reserve the right to reject the

tender.

vi) In case contractor fails to fulfill his obligation under the contract, NFL shall have the right

to rescind the contract and get the work done from any other agency at the risk and cost of

the contractor plus 25 % (Twenty Five percent) departmental charges.

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4. LABOUR LICENCE:

Contractor shall obtain labour license for the labour to be deployed by him for executing this

work as per statutory requirement & he shall submit the same to NFL.

5. Payment of Minimum Wages :-

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 any scheduled employment are less than

the rates notified by the State Govt., in that case the Contractor shall be required to make

the payment to the workmen at the rates notified by the State Govt.

6. OTHER STATUTORY REQUIREMENTS:-

i) The contractor shall comply with the provisions of payment of wages act, 1936,

Minimum Wages Act, 1936, Minimum Wages Act, 1948, Employees Provident Fund &

Misc. Provisions Act, 1952, Employers’ Liability Act, 1938, ESI Act, Maternity Benefit

Act, 1961, the contract labour (Regulation & Abolition Act, 1970 and Mines Act, 1932

or any modification thereof. Contractor shall also comply with the provisions of all

other Acts, Rules & Regulations connected with the employment of labour for the

purpose of execution of this contract.

ii) Contractor should have his own PF Account Number and shall be responsible to deposit

the PF contribution in respect of workmen engaged by him.

iii) 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.

iv) 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.

v) After submission of the return the contractor shall arrange 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.

vi) 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.

7. In the absence of the contractor himself, the contractor will depute minimum one Site

Supervisor/Engineer/Authorized agent with proper power of attorney from the date of start of

the work to the date of actual completion of the job for supervising work and arranging

material, manpower, taking instructions from Engineer-in-charge / Site Engineer, accepting the

measurements etc. in the absence of the said supervisor, NFL may suspend the work at the cost

of contractor.

8. QUANTUM OF JOB: - Quantum of job is tentative only. There may be variation in quantum

of work to be executed by the contractor as per maintenance requirement. Contractor will not

enhance rates throughout the contract due to variations. Contractor will not have any claim

even if there is no work.

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9. Implementation of ESI Act for engagement of Contractor Labour.

a) 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 monthly wage bill, (Employers Contribution @ Rs. 4.75% & Employees

Contribution @ Rs.1.75 %), under intimation to P&A Deptt.

b) It shall be 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 responsibility of the Contractor to submit ESI Return to the statutory authorities

under intimation to P&A Deptt.

Note: “Earlier clause regarding implementation of Workmen Compensation Act/ insurance

cover under the Act, referred to elsewhere in the GDCC/ NIT stand superseded / deleted”.

(Rajesh Kumar)

Manager (Civil)

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TECHNICAL TERMS AND CONDITIONS

1. The General Directions And Conditions Of Contract (GDCC), which will form part of the

contract agreement, may be studied by the contractors before submission of their tenders, in

the absence of which it will be presumed that the contractor has seen, studied and accepted

the GDCC. These conditions of contract as stipulated in this document are in continuation of

GDCC and shall also form part of the contract.

i. Wherever these conditions contradict any clause as contained elsewhere in the tender

document, the condition/specification as mentioned in this document shall supersede

those relevant conditions.

ii. No compensation for any damage done to the executed job or to the raw materials stored

at site, by rain, flood, or any other unavoidable circumstances, or natural calamities

during the execution of work or up to expiry of liability period, shall be made by NFL.

2. SPECIFICATIONS:

i) The specification for workmanship shall be as described in the Central Public Works

Department latest “specifications” including amendments, unless otherwise specified.

These CPWD specifications shall be deemed to form part of this contract.

ii) The CPWD specifications shall take precedence over the provisions in the Bureau of

Indian Standards (BIS) specifications/Indian Road Congress (IRC). Wherever CPWD

specifications are silent, the relevant BIS / IRC specifications shall be referred.

iii) In case of any class of work for which there is no such specification as laid down in the

contract, such work shall be carried out in accordance with the recommendations of

manufacturers of Raw Materials and / or the instructions and requirement of the

Engineer-in-charge.

3. SCOPE OF WORK

The scope of work consists of execution of all type of White-washing, painting, cement

painting & distempering of Quarters & Public Building in Naya Nangal T/ship and plant

building inside Factory Area. Any emergent work shall have to be executed by doing the

work round the clock and / or after normal general shift (8:00 AM to 5:00 PM) for which

nothing extra shall be payable to the contractor for doing the work during such period.

4. NFL may at its discretion award any other / additional work of any magnitude on the final

agreed rates, terms and conditions, as per the work order, for execution of the same and the

contractor has to execute the same work as a separate work.

5. The contractor will have to keep one Engineer / Supervisor with proper power of attorney /

Authority letter, separately for plant and township, for supervising the work, taking

instructions from Engineer-In-Charge, and getting the materials issued from Main Stores etc.

6. Any item of work, the rate of which is not available in township SOQ shall be carried out on

the rates of such items available in factory area SOQ or vice versa.

7. In case a specified work for which a separate job order has been issued and the same is not

started by the contractor, the notice shall be served on the agency to start the job immediately.

In case the work is not started within a week’s time from the date of issue of the notice

without any valid reasons, a final notice for canceling the such job order shall be issued to the

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agency and the work order may be canceled after expiry of final notice, and liquidated

damaged at the rate of 20% (Twenty per cent only) of the estimated / job order value shall be

recovered for non execution of the job.

8. Contractor may be required to mix the ingredients viz. water-proofing agent, rapid hardening

agent etc. (supplied by NFL free of cost) with cement as per directions of the

manufacturers/Engineer-in-Charge and nothing extra shall be paid on this account.

9. The arrangements for all types of staging / scaffolding, to approach the site for executing the

work, has to be arranged by the contractor at his own cost within the quoted / finally agreed

rates as per work order. For white washing/ distempering etc. inside the buildings/ plants, the

contractor shall have to use stage scaffolding like ghories etc. and proper ladders inside the

buildings/ plants.

10. The contractor shall have to use painting brushes for applying the white-washing, colour

washing & distempering etc.

11. For executing the works in Factory area, safety work permits will be issued for doing the jobs,

without any safety work permit duly issued by NFL, work will not be allowed to be carried

out.

12. For doing the work in plant area the workers, supervisors, Engineers are allowed to come in

the plant area with proper gate passes. NFL will issue necessary gate passes to such persons

for whom the request will have to be made by the contractor. NFL will not be responsible for

late entry of the persons through the gate due to the absence of gate passes.

13. All consumable, non-consumable materials are to be got entered in the register being

maintained by security personnel at the factory’s Main Gate, for which NFL will issue

instructions for their entry at the gate.

14. Disposal of earth and building, rubbish etc. wherever required to be done shall be carried out

by Mechanical transport in specified dumping yards and payment will be made for such

carriage work under lead upto 1KM even if the actual lead involved is more than 1 Km from

specified site of work.

15. Incoming Materials: On the basis of contractor’s challan / list/ bill the CISF shall record the

materials to be taken inside the Factory in the CISF Register at the Factory Gate and issue an

Incoming Material Gate pass for taking the materials inside the Factory as per the prevalent

practice. Two copies of the said material Gate Pass shall be given to the contractor out of

which one copy shall be handed over by the contractor to the engineer-in-charge and the other

shall be retained by the contractor for his records.

16. Contractor’s material i.e. non-consumable items to be allowed entry inside the factory gate

shall have their complete description i.e. name, make machine no. welding set no. size of

various tools and tackles etc. with contractor’s identification mark on each item as far as

possible. As regards consumable items, their complete specifications i.e. name, make, size etc.

shall be got mentioned in the contractor’s challan/list/bill. Special identification mark on

contractor’s capital / high value on-consumable item shall be got engraved and checked by

concerned engineer-in-charge his authorised representative. To achieve the above objective,

CISF personnel shall be advised to accept challan / list / bill of contractor’s materials having

complete description of the same.

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17. In certain cases, it may not be practicable for the CISF personnel at the factory gate to

properly count the items loaded in the truck/ tempo’s per the challan/list/bill, in such cases,

CISF man shall be deputed to go to the unloading side of materials to witness the counting so

as to ascertain correctness of the material brought inside the factory. After the needful, CISF

man shall record in the CISF register that the unloading of the materials has been witnessed

inside the factory and items tallying with the contractor’s challan/ list/bill incoming materials.

18. Contractor’s incoming materials shall be allowed entry inside the factory on all days upto 5:00

p.m. but on Sundays /holidays the CISF official at the factory gate shall inform and seek

verbal approval of the Head of the executing Department about the same, who shall depute

the concerned engineer-in-charge to ensure that the materials brought inside the factory are as

per the stamped challan incoming material gate pass.

Approved brand of material to be used

19. Cement paint to be used in the work should be reputed brand and manufacture and any out the

three brands i.e Super Snowcem of M/s. Klik Nixon / Snowcem India Ltd. or Durocem of M/s.

Berger Paint or Super Acrocem of M/s. Acro Paint (P) Ltd., and shall be brought at site in

sealed containers.

20. Synthetic enamel paints to be used for painting shall be of 1st quality approved brand viz.

Nerolac of M/s. Goodlas Nerolac Paints, Brolac of M/s. Jenson land Nicholson or Apcolite of

M/s. Asian Paints or Luxol of M/s. Berger paints and shall be brought at site of work by the

contractor in their original container in sealed condition. The empty contains shall be removed

from the site of work/ till the relevant items of the work is completed and permission obtained

from the Engineer-in-charge. The Engineer-in-charge can enforce any check to ensure proper

execution of the work as per specifications.

21. Oil bound distemper to be used for painting shall be of 1st quality approved brand viz. of M/s.

Goodlas Nerolac Paints, of M/s. Jenson land Nicholson or M/s. Asian Paints, M/s. Berger

paints and Acrylic shall be brought at site of work by the contractor in their original container

in sealed condition. The empty contains shall be removed from the site of work/ till the

relevant items of the work is completed and permission obtained from the Engineer-in-charge.

The Engineer-in-charge can enforce any check to ensure proper execution of the work as per

specifications.

22. All surfaces required to be white washed/ distempered/ cement painted etc. shall be thoroughly

prepared well in advance before the actual application of white wash/ distempering etc. The

prepared surfaces shall have received the approval of the Engineer-in-charge after inspection

before actual white washing/ distempering / painting is commenced.

23. All loose pieces and scales (of any area) shall be scrapped off. Holes in plaster as well as

patches of less than 50 sq.cm. area shall be filled up/ made good with the mortar of specified

mix/ lime paste or plaster of paris paste. For being job nothing extra shall be paid. Cement for

the purpose shall be issued at free of cost as for other items such job being unsusceptible to

measurement / based on actually requirement, on day-to –day basis shall be issued. Contractor,

however, shall ensure that there is no wastage of cement in case any wastage noticed, recovery

at twice the NFL’s latest issue rate (i.e. book rate+25 departmental charges + sales tax) shall be

made. The decision of engineer-in-charge in this case shall be final and finding on the

contractor. To have proper check of consumption of cement for such job separate day to day

consumption report of cement shall be submitted by the contractor and also the same shall be

recorded on the separate bin card maintained for the purpose. However, if the engineer-in-

charge find it necessary to get the complete removal by scraping of the entire surface of old

distemper / white wash/ colour wash etc. in case if particular wall or room, he shall specifically

issue order in writing and this shall be paid separately, under the relevant schedule items.

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24. Doors, windows, floors, dados, skirting, filings. Fixtures etc. and such other parts of the

buildings not be white / colour washed / distempered or painted shall be protected from being

splashed upon. Splashing and dropping if any shall be removed by the contractor at his own

cost and the surface cleaned. Damages if any to fittings and fixtures etc. shall be made good by

the contractor to the entire satisfaction of the Engineer-in-charge. In case of failure of the

contractor, the cost of rectification of the damages shall be recoverable from the contractor.

25. Contractor will be required to mix Fevicol (DDL) of M/s. Pidilite as adhesive

@ 250 grms. (in place of Gum specified in CPWD specification 20 12) in lime

wash quantity sufficient for carrying out 100 sq.m. of lime wash working one

coat and nothing extra shall be payable on this accounts.

26. The operation for each coat of white wash shall consist of the brush stacks

given from the top downwards, another from the bottom upward over the first

stroke and similarly one stroke horizontally from the right and another from

the left, before it dries. In case of distempering work, each coat constitutes of

horizontal strokes followed immediately by vertical strokes with proper

distempering brushes.

27. Each coat shall be allowed to dry before the next one is applied. Further each

coat shall be inspected and approved by the engineer -in-charge before

subsequent coat is applied. The inspection of the plants / buildings attended by

the contractor will be done by remove all the defects noticed/ pointed out.

28. Lime paste for white washing / colour washing shall be prepared one day in

advance of the execution of the work.

29. For white washing / cement painting/ painting outside the plants and buildings

the contractor shall have to use stage scaffoldings ladders etc. to reach the

required roof/ wall heights and nothing extra shall be paid for the same. The

rates shall be applicable for work at all the heights/ depths.

30. Primer / base and finish coats for any particular system shall be from the same

manufacturer to ensure compatibility.

31. Where two coats of finish paint are indicated they shall be applied in two

different shades to ensure that two coats are applied.

32. Paint shall not be applied in rain, snow, fog or mist or when the relevant

humidity is such as to cause condensation on metal s urface.

33. Paint shall not be applied when the surrounding air temperature is below 2oC

or when temperature is expected to drop to 1o C before the paint has dried.

34. Compatible thinner as recommended by the paint manufacture can be used for

dilution to meet the requirements specified by the paint manufacture.

35. When applied with brush, the paint shall be applied with full scale brushes to

attain smooth coat of uniform thickness the paint shall be worked into all

crevices and corners.

36. The paints are to be appli ed as per instructions of the paint manufacture.

Specific maturation period as applicable to certain paint after mixing should

be strictly adhered to. Paints with limited pot life should be consumed within

the specified pot life period.

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37. All ingredients in any container of paint shall be thoroughly mixed before use

and shall be mechanically agitated continuously during application to keep the

paint to suspension. Dry pigments which are separately packed shall be

uniformly blended in to paint.

38. The contractor should provide sufficient number of drop cloth and shall

exercise care to protect all finished surfaces of floors and other work and shall

immediately remove all the spotters and stains / marks from such surfaces. He

shall also take care to avoid falling or paint on the moving element of

equipments, whenever required by the engineer -in-charge the contractor shall

use his own tarpoulines to avoid fall paints on finished product or running

equipments.

39. The contractor shall daily remove all the waste materia l as well as empty

containers, packing cases etc. from work sites. The contractor shall be

responsible for total clearance of the site of work after completion of entire

painting work.

40. The Engineer-in-charge at his own discretion may hold the painting wor k after

release to the contractor for special inspection revision, confirmation of date

of repair covered in the scope of work.

41. All painting materials shall be accompanied by manufactures test certificates.

In case such certificates are not available or t here is any doubt regarding

quality of painting material the Engineer -in-charge may direct the contractor

to get any/ or all the materials tested from reputed and approved testing

agency. This shall be done by the contractor within his quoted rates to the

entire satisfaction of the Engineer -in-charge.

42. Dilution of each paint shall be checked to meet the requirements specified by

paint manufacture.

43. Each coating of paint shall have a colour clearly different from the prior

coating.

44. Drying duration shall be as per recommendations of the paint manufacturers.

Dryness of previous coat shall be ensured be subsequent coatings.

45. Finishing shall be checked that the coated surfaces are free from any

detrimental film irregularit ies, such as lifting, piling cracks etc.

46. At the discretion of the Engineer -in-charge the paint manufactures may also

associate with the inspection of paint work to ensure satisfactory application

in conformity with the paint manufacture shall be made good by the contractor

at his own cost .

47. The contractor shall undertake immediate rectification or make good of the

painting job damaged/ spoiled due to any reasons, at no extra cost .

48. Storage of painting materials: All paints and painting materials shall be stored

in such rooms assigned for the purpose. This is the sole responsibility of the

contractor to provide adequately covered space for proper storage of paint and

painting material to protect it from fire, sun, water and ingress of moisture

during monsoon and at other times at his own cost. A s ign board bearing the

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words Paint Storage to Naked Light shall be clearly displayed at side the

stores. The buildings should be properly ventilated and shall be adequately

protected with fire fighting equipment.

49. The paint scheme for the work will be as pe r specification s and standards. All

sealed paint tins brought in for this work should be got approved from the

engineer-in-charge before opening it and applying it anywhere. The brand of

paint alongwith manufactures material test certificate must be submi tted to the

Engineer-in-charge six day in the advance before bringing the material inside

the Factory Area for the above work. The procedure is to be adopted for each

batch of paint to be brought by at the site.

50. Contractor shall note that they will have to remove all existing as well as new

spotters and stains / marks of white wash/ distemper / Acrylic emulsion paint

/cement and other types of paint from the frames as well as shutters of steel/

wooden doors/ windows/ ventilators including its glass panes as well as from

floors/ skirting/ dados etc. preferably immediately after execution of such

items of the work in ‘a’ particular room/ plants/ buildings etc. and nothing

extra shall be payable on this account. Therefore, the contractor shall quote

their rates against different i tems, keeping above into consideration. In case,

contractor fails to fulfill the above obligations within 24 hrs. of the execution

of any item of the work, a nominal but permanent recovery at the rate of Rs.

5/- per door / window/ ventilator and at the rates Rs. 5/ - per sq.m. of floors/

skirt ing / dado will be dado from the running / final bill or any pending dues

of the contractor and no claim for release of aforesaid recovery will be

entertained at a later rate.

51. Material like quick l ime, indigo, fevicol of M/s. Pidilite etc. required for white

color washing shall be procured by the contractor strictly as per the quality /

samples approved by the Engineer -in-charge. The lime mix for white/ color

washing shall be prepared of the requ ired material as approved by the

Engineer-in-charge and no other chemical/ material will be allowed to be

mixed in the l ime mix, unless directed by the Engineer -in-charge.

52. The contractor should note that the work involved is of maintenance nature

and pertains to occupied building. He has to bear the delay on account of

various activities and unavoidable delays for which no claim whatsoever in

respect of idle labour and loss will be entertained and nothing extra shall be

paid for the same.

53. The contractor should carry out the complete replacement work including

finishing painting etc. in one building at a time in order to minimize the

disturbance to the occupants.

54. NFL reserves the right to permit the contractor to use any one of the approved

brand of the cement paint/ paint / distemper as mentioned in the NIT.

55. Local sutlej sand having its grading within the limits of grading zone IV silt

content not exceeding 8% as specified in CPWD specifications shall be

considered as equivalent to fine sand.

56. Coarse sand having i ts grading within the limits of grading Zone III, with si lt

content not exceeding 8% as specified in CPWD specifications, shall be

considered as coarse sand.

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57. Since the cement required for use in different items of the work will be

supplied free of cost . Therefore, the contractor shall quote keeping this into

consideration, the item rates against the items, which involve use of cement.

Further, in case extra item is required to be executed (involving use of cement)

then for the purpose of payment to the contractor, will be worked out by

deducting the cost of cement (taking into account the theoretical quantities of

consumption specified in DSR-2012) @ Rs. 6,000/- per tonne plus 1% water

charges and 10% contractor’s profit over this rate, from the DSR-2012 rates of

relevant items.

58. Recovery rate consumption of cement within and beyond the permissible

variations

In case for completing the different items of works (susceptible to

measurements) if the cement is actually required even beyond the theo retical

consumption requirements (based on DSR-2012), the same will also be issued

at NFL stores, but the recovery for excess consumption of cement will be

regulated as under : -

i) For the quantity of cement actually consumed beyond the above

theoretical requirements, but within the upper permissible limit of

variation, no recovery will be affected.

ii) For the quantity of cement actually consumed beyond the upper l imit of

variations, the recovery will be affected twice in NFL Nangal’s latest

issue rate (i .e. book rate +25% Departmental Charges + prevalent Sales

Tax).

iii) The plus / minus limit for the variation of the actual consumption of the

cement w.r.t. theoretical consumption based on DSR -2012 shall be as

under:-

a) For contracts valuing of Rs. 2.00 lac + upto 5%.

b) For contracts valuing exceeding Rs. 2.00 lac but not exceeding Rs.

5.00 Lac + upto 4%.

c) For contracts valuing exceeding Rs. 5.00 lac + upto 3%.

CTS OF EPOXY RASINS AND HARDENER

(Rajesh Kumar)

Manager (Civil)

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COMMERCIAL TERMS AND CONDITIONS.

1. SCOPE OF SUPPLY OF MATERIALS BY NFL.

a) NFL shall supply the following materials free of cost at NFL stores in side Factory

Area for use in the works of “ARC for White washing, Painting, distempering and

Cement Painting of Quarters & Public Building in Naya Nangal T/ship and plant

building inside Factory Area (including workshop, conveyor galleries, control room,

transfer tower) during the year 2015-16”: -

Sl. No. Description of Materials Qty.

1 Cost of free issue Cement 1.00 MT

b) The above materials shall be supplied from NFL Main Stores situated in Factory area.

The contractor has to transport the material from Main Stores to the site of work

including loading and unloading of the same within their quoted rates.

2. ACCEPTANCE OF TENDER

NFL reserves the right to issue / non- issue or reject tender documents 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 and the tenderer shall

be bound to perform / execute the work at his quoted / finally agreed rates as per work

order.

3. SECURITY DEPOSIT: -

i) The Security Deposit together with EMD/Initial Security Deposit shall be 10% of the

contract / Works order value.

In case of AMC/ARC, Initial Security Deposit (ISD) shall be 2.5% of the Contract

Work Order Value which is required to be deposited within 10 days of the issue of the

letter of intent by the successful tenderer. EMD can be adjusted against SD.

The balance amount shall be recovered @ 7.5% from each running bill and the final bill

as to make the total security deposit at 10% of the Contract / Work Order Value.

No interest shall be paid on 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”.

ii) The Contractor, if so desires, may convert the amount into one of the Government

Securities or Bank Guarantee in the form approved by NFL.

4. QUANTITIES AND RATES :

i) The quantities as mentioned in the Proforma of “Schedule of Quantities” supplied to

contractor for quoting his rates, i.e. Price Bid Performa, are just approximate and are for

the purpose of quoting the rates by the contractor. These quantities may increase /

decrease to any limit and / or any item may not have to be executed as per the prevailing

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site conditions / requirements at the time of execution of the work, but the rates as

quoted by the contractor / accepted by NFL as per the Work Order, shall remain firm

and valid during the entire contractual period including any extension of time for the

work. In the event of such variations in Schedule of Quantities, NFL will not entertain

any claim of the contractor.

ii) The rates quoted/finally agreed as per Work Order shall be treated to remain firm

throughout the pendency / execution of the contract including any extension period that

may be granted and shall not be subjected to any sort of escalation even if such

escalation is enacted by either the Local Bodies/Municipal Corp./State Government or

the Central Government for either labour and/or the materials and/or POL. NFL shall not

allow even a minor revision of prices of the quoted rates during the pendency of the

contract under any circumstances whatsoever The tenderer must quote price / rates

keeping in full view the requirements of the tender document except where it has been

clearly stated that extra shall be paid, it is to be understood that nothing extra shall be

paid even though it may not have been specifically pointed out that nothing extra shall

be paid. Therefore, the rates to be quoted in the ‘Schedule of Quantities’ by the

tenderer are to be fully inclusive of the value of work described under several items

including all costs and expenses which may be required in and for the completion of the

work described together with all taxes (excluding service tax), general risks, liabilities

and obligations (e.g. temporary buildings, fencing, watching lighting, dewatering of

drains leading to low laying areas / site of work, leaking water supply lines/sub soil

water, stagnated water at site), inspection of raw material and laboratory testing charges

thereof, insurance, transportation of materials from source of supply to site of work ,

route permits, octroi, royalty, indemnity, labour regulations, maintenance during defect

liability period and the like and the prices are also to be inclusive of all labour, materials,

tools, plants, and equipments hoists, tackles, scaffoldings and the sundries, etc. ,and the

rates shall be firm irrespective of any variation in the prevailing rates of taxes, duties,

levies, octroi etc., and any fresh imposition of any of these by State/Central/Statutory

bodies and contractor shall indemnify NFL against levy of any taxes etc. in regard to this

contract and in the event of NFL being assessed for any of the said taxes, NFL shall

have the right to recover the total amount so assessed from contractor’s dues and the

contractor shall also be responsible for all costs or expenses that may be incurred as may

be necessary for full and entire completion of the work as specified under this contract.

5. DISCREPANCIES AND ADJUSTMENT OF ERRORS

i) The several documents forming the contract are to be taken as mutually explanatory of

one another, detailed drawing being followed in preference to small scale and Special

Conditions in preference to General Conditions.

ii) In case of a discrepancy between the Schedule of Quantities, special conditions, the

specification and the drawings the following order or preference shall be observed:

(a) Description in the schedule of quantities.

(b) Special conditions.

(c) Technical/commercial terms and conditions..

(d) Drawings

(e) General Specification.

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iii) If there are varying or conflicting provisions made in any one document forming part of

the contract, the Accepting Authority shall be the deciding authority with regard to the

intention of the contract.

iv) THE RATES TO BE QUOTED IN WORDS & FIGURES :-

The tenderer shall quote in English both in figure as well as in words the rates and

amounts tendered by him, on the form of schedule of quantities forming part of the

tender documents. The amount for each item shall be worked out and entered an

requisite totals be given for all items. The tendered amount for the work entered in the

tender shall be duly signed by the tenderer. If there are differences found between the

rates given by the contractor in words and figures or in the amount worked out by him in

the schedule of quantities and the general summery, these shall be adjusted in

accordance with the following rules:

a) In case of duplicacy of any item in the schedule of quantities, the lowest quoted rate

of the contractor for such items will be operated in the contract.

b) When there is a difference between the rates in figures and words the rate which

correspond to the amount worked out by the tenderer shall be taken as correct.

c) When the rate quoted by the tenderer in figure and words tallies but the amount

worked out is in correct, the rate quoted by the tenderer shall be taken as correct.

d) In the event of any error occurring in the amount column of schedule of quantities

as a result of wrong extension of unit rate and quantity, the unit rate shall be

regarded, as firm and extension shall be amended on the basis of the rate.

e) All errors in totaling in the amount column and in carrying forward total shall be

corrected.

f) The total of various section of schedule of quantities as amended shall be carried

over to the general summery and the tendered sum amended accordingly. The

tendered sum so altered shall, for the purpose of the tender, be substituted for the

sum originally tendered and considered for acceptance. Any rounding off in the

schedule of quantities or in general summary, by the tenderer, shall be ignored.

6. INCOME TAX :

NFL shall be entitled to deduct Income Tax at source from all payments due and to be made to

the contractor under this contract in accordance with the provisions of Income Tax Act and

rules framed there under, as applicable from time to time, including any amendment or

modifications thereof.

7. SALES / WORKS TAX

NFL shall be entitled to deduct Sales Tax / Works Tax at source from all payments due and to

be made to the contractor under this contract in accordance with the provisions of Sales Tax

Act / Commercial Tax Act and rules framed there under , as applicable from time to time,

including any amendment or modifications thereof.

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8. Payment of Service Tax & Taxes Duties:

A. Payment of Taxes & duties.

1. The tenderer shall quote their rates inclusive of all taxes & duties excluding service tax.

No request for increase/decrease or inclusion of any taxes shall be entertained afterwards.

2. 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 form the other States (applicable

for Works Contracts only).

B. Service Tax.

1. The tenderer shall separately indicate the portion (amount) of taxable services on which

service tax is claimed by him, in the price bids. The tenderer shall also indicate the service

tax rate and the amount of service tax in the price bid. However, in case of service tax

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. The tenderer shall quote/ claim service tax only to the extent of his portion of

service tax to which he is liable.

2. In case tenderer opts composition scheme for payment of Service Tax, then the amount of

Service Tax on the value of goods received free of cost from NFL (if any), shall be borne

by the tenderer. However, in case of services notified for liability of payment of Service

Tax on the part of service receiver (NFL), the Company shall bear the amount to the extent,

the liability is so provided for the service receiver (applicable for Works Contracts only).

3. In case of tenders called under dual bid system, the tenderer shall confirm that all the

columns in the price bid relating to item wise rates and service tax along with totals have

been filled up. This confirmation may be provided in prescribed proforma (Refer

Annexure-F) and submitted along with technical bid in envelop-II

C. Evaluation of bids.

i. The amount of service tax as indicated in the price bid (portion of service provider +

service receiver), shall be considered for evaluation of bids for arriving at L-I status.

ii. If nothing is mentioned in the columns relating to service tax, it shall be construed that

the quoted rates are inclusive of service tax and tenderer is not claiming anything extra

on this account from NFL.

iii. If in the service tax columns, tenderer fills up the remarks such as, as applicable/ service

tax extra/ as per govt. rules etc. then it shall be construed that service tax, as per the

category of services being provided and define under the service tax rules, at

prevailing rates, is applicable on all the items i.e. on total quoted value of the contract,

which shall be loaded for evaluation purposes for arriving at the status of L-I.

D. Payment on account of service tax shall be made based on invoice / bill raised by the

tenderer separately indicating the amount of service tax, restricted to the quoted

proportion/ rate of Service tax. The tenderer must provide copy of service tax registration

number which should also be mentioned in invoice / receipts alongwith Service Tax Code

and Accounting Code.

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

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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 as per terms & conditions of the contract and any interest / penalty etc. shall be

to the contractor’s account.

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 the 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.

9. TERMS OF PAYMENT

The bills in quadruplicate on the printed forms of NFL will have to be prepared and

submitted by the agency/its authorized representative after taking joint measurements, as per

clause no. 36 of GDCC. Payment of monthly running account bill complete in all respect

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

respect. Payment of 10% security deposit/deducted shall be released after completion of

defect liability period on demand within 30 days.

10. Submission of Monthly bill.

The contractor shall submit his monthly bill within the first week of the following month to

the Executive Department for verification and recommendations. 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

for every month of delay or part there of subject to minimum of Rs. 1,000/- shall be

recovered from the bill.

11. WATER CHARGES:

Water for construction and maintenance shall be provided by NFL on chargeable basis @

1% of the value of work which shall be recovered from the RA Bills / Final bills of the

agency. However, the site where water can not be supplied through NFL, contractor has to

arrange water at his own cost and no water charges shall be levied.

12. ELECTRIC POWER CONNECTION:

a) Electrical Power for running the Power brushes, Drill Machines, Mortar mixing

machines, or other apparatus for executing the work shall be supplied free of cost. NFL

shall also provide lightning arrangements, free of charge, to illuminate the working areas

for executing the work.

b) All the apparatus brought by the contractors in the plant should be electrically operational

and healthy with sufficient length of cable having proper size and insulation. In case of

3-phase supply, connection will be given only if there is proper switch fuse unit, starter

complete with on-off push buttons, HRC fuse and thermal overload relay of proper

rating. All single-phase equipments like drill machines, grinders, floodlights, hand lamps

etc. shall be fitted with 3-pin plug top. Industrial plug tops will be provided by the

contractors for free tapping of power from the points wherever industrial plug sockets are

provided in the field. No loose wires are to be used in the sockets for topping the

electrical connection.

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c) Metallic body of the equipments shall have proper earth connection. Single earth in

case of single-phase connection and double earth of proper size incase of 3 phase shall be

ensured by the user of the equipment. It will be the responsibility of the user contractor

to ensure that NFL Plug Points/installations are not tampered and all electrical connection

from power outlets will be connected by NFL staff. Wherever portable hand lamps are

used in the vessels, the voltage shall not exceed 24 volts.

13. VALIDITY OF OFFER :

The validity of offer / tender / price bid as submitted by the contractor shall be 4(four)

months from the date of opening of Techno-Commercial Bid. The EMD of the unsuccessful

tenderers shall be refunded after the expiry of validity of offer/ award of work

14. COMPLETION / CONTRACT PERIOD:

a) Validity of Contract: Contract shall remain valid for a period of 12-months from the date

of schedule date of start of work, which can further be extended by 03-months on the sole

discretion of NFL. The rates shall remain unchanged during the validity of contract.

b) Execution/ Completion Time: 12 (Twelve)-Months, from the date of handing over the

site which shall be intimated in writing. The completion period of the contract can be

extended at the sole discretion of NFL for a further period of three months on the same

rates, terms and conditions of the contract.

c) Mobilization Period : A mobilization period of 15-days, shall be provided from the date of

written intimation for handing over the site, if required.

15. LIQUIDATED DAMAGES :

In case of failure of the contractor to complete the job assigned to him within the completion

time specified for the particular job, Engineer-in-Charge may allow reasonable extension for

completion period, but delay penalty for the extended period shall be leviable @ Rs.1,000/-

per day with maximum of Rs. 5,000/- (irrespective of value of the work particular assigned)

for the period of delay due to contractor’s fault. In case, the contractors fails to complete the

work within the extended period allowed, the Engineer-in-Charge reserves the right to off-

load balance job and may get the same executed at contractor’s risk and cost, after informing

the contractor about the same in writing. In case there is an overall delay in the schedule

completion of the contract period an additional penalty shall be levied as per existing clause

no. 8 of GDCC.

16. DEFECT LIABILITY PERIOD:

Defect liability period of works unless otherwise specified shall be One Year from the actual

date of completion of work. The contractor shall at his own cost and initiative, correct repair

and/or rectify any / and all defect(s) and/or imperfections in the design of the work (in so far

as the contractor shall be concerned with the design of the work or any part thereof) and/or

in the work performed and/or materials, components or other items incorporated therein as

shall be discovered during the said defect liability period and in the event of the contractor

failing to do so, NFL reserves the right to get the same repaired at the risk & cost of the

contractor PLUS 25 % ( Twenty Five percent) Departmental Charges, and the expenditure so

incurred by NFL shall be adjusted towards the said Security Deposit and / or any other due

lying with NFL.

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17. RESIDENTIAL ACCOMMODATION:

(A) NFL will provide one No. IA/IB Type quarter (Two room) on fair rental value (FRV) rent

to be fixed by NFL from time to time, for the residence of the contractor’s staff, subject to

availability.

(B) In case contractor wants more than one IA/IB Type quarter in the Township the same

shall be allotted, subject to availability, on fair rental value to be fixed by NFL from time to

time.

(C) After completion of the contract, the contractor will be allowed to retain the

accommodation for 15 days (on the above rates), to complete the contractual obligations after

which the contractor shall vacate and hand over the possession of quarter to NFL. In case the

quarter is not vacated and handed over back to NFL, within the allowed period, Market rent

(which is fixed by NFL from time to time) will be charged from the contractor for the period

the quarter remains under the unauthorized occupation of the contractor. The payment against

final bill and the Security Deposit shall be released by NFL after vacation of the quarter by the

contractor.

(D) The charges for water & electric power consumption shall be charged extra as per Co’ s

Rules.

(E) While taking the accommodation, the contractor will check the inventory and shall hand

the same to NFL in original condition at the time of vacation of the quarter. Any changes

made by the contractor during the course of occupation of the contractor, shall be restored

back.

(F) If at any time it is found by NFL that any of the contractor’s employees residing in the

township are creating nuisance/disturbance to other residents, the contractor shall immediately

remove such employees (s). In case such employees are not removed by the contractor or still

are creating nuisance, the accommodation allotted to the contractor shall be cancelled and he

shall be required to vacate the same within a period of 3 days after hearing from NFL in

writing. The contractor shall have no claim whatsoever on this account.

18. Execution of Contract / Agreement

The contractor shall have to execute an agreement / contract with NFL on a non-judicial

stamp paper of Rs 30.00 at Nangal within Fifteen days of issue of Work Order. Contract /

Agreement shall be duly signed and notarized on the date of signing / execution, by both the

parties.

19. It is obligatory on the part of the contractor to abide by the terms and references as contained

in the Safety Code. Violation of which will tantamount to disqualification of the contractor

for any type of work in NFL as well as the security deposit will also be forfeited.

20. The contractor may note that revise bids, on due date of opening of the tenders or after the

extension of tender opening, whatsoever the case may be, shall not be entertained. However

where techno-commercial negotiations are conducted with all the bidders to clarify the

deviations vis-à-vis tender specifications/ requirements, which lead to changes in terms /

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conditions and / or technical specifications, the bidders may be given a fair chance to revise

their price bids accordingly.

21. NFL, Nangal Unit is having its Cash Credit Accounts with State Bank of India, Naya Nangal,

who is having Electronic Fund Transfer Facility (EFT)/ RTGS in its branch at Naya Nangal

and some other important branches. The contractors/ suppliers, who are maintaining their

bank accounts with SBI & other Bank, having EFT/ RTGS facility may submit the bank

particulars i.e. MICR Number alongwith their Bank Account Number, Name of Place of

Branch, Branch Code Number & IFSC Code, so that, their payment could be released

through transfer of funds to their account.

22. Contractor may note that one person will be allowed to represent only one party during

negotiation with NFL.

23. The contractor is advised not to quote multiple rate against single / similar item in SOQ.

However, if quoted, the tender documents shall liable to be rejected.

24. In case, some DSR items is required to be executed which is not available in the SOQ, then

for the purpose of payment, the rate for such item shall be derived on the basis of average

percentage rates worked out after comparing with the similar item rates / head of SOQ and

the DSR-2012 available rates (excluding free issue material).

25. 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 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.

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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.

26. The detailed schedule for execution of work shall be prepared by the contractor in

consultation with the Engineer-in-charge after award of the contract to ensure timely

completion of work within three weeks from the date of issue of letter of intent.

27. No job is to be done without the direct supervision of a NFL supervisor. The contractor will

arrange all safety precaution and will display necessary indication boards, flags etc., if

required. Nothing extra shall be paid on this account.

28. The nature of the job is such that contractor will be required to work even on Sundays and

paid holidays, therefore, he will have to ensure the deployment of the requisite manpower on

these days by staggering their weekly off day. Nothing extra shall be paid on this account.

29. Corrections and Alterations:

All corrections and alterations in the entries of tender paper shall be signed in full by the

tenderer with the date. No eraser or overwriting are permitted. The tenders, as submitted,

shall consist of following:-

a) Complete set of tender documents duly filled in and signed on all pages by the tenderer as

prescribed in different clauses of the tender documents.

b) The rates should be filled on NFL’s schedule of quantities proforma and then only

photocopies taken retyping on contractor letter head should not be resorted to.

c) Earnest money amounting to and in the manner specified in NIT.

d) Power of attorney or other proof of authority duly notarized (of the proforma) who has

signed the tender.

e) Income tax clearance certificate and sales tax clearance certificate in originals and true

copies duly attested by a Gazetted officer.

f) Information regarding tenderer in the form annexed to the form of tender.

g) Information regarding the tenderer’s work of comparative nature in the form annexed to

the form of tender.

h) Information regarding construction organization and equipment in the form annexed to

the form of tender.

30. Escalation / De-escalation on the Contract:

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 Central / State Govt. The escalation on account of increase in the minimum wages

shall be compensated to the contractor, for items which are purely labour oriented, as per the

formula indicated below:-

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=

Total Billed Amount for item no. 18 of SOQ X 65/100X(Escalated Minimum

Wages - Base / datum for Minimum Wages)

Base/ datum for Minimum Wages (prevailing at the time of opening of Tender)

The Central / State Govt. notifies minimum wages of labour from time to time. The above

formula for escalation will be used against the minimum wages prevailing at the time of

opening of tender, which shall be assumed as base / datum for minimum wages. At present

minimum wages rates for unskilled labour is Rs. 256.03 and for skilled manpower is

Rs. 332/-.

“Escalation / De-escalation shall be calculated against the minimum wages declared in the

notification issued by Central / State 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 validity currency of contract, the

same shall not be considered for escalation/ de-escalation.

31. TERMS OF PAYMENT:

32. OTHERS:

The terms & conditions as laid down above are to be read wherever applicable with the

relevant clauses of terms and conditions of “General Directions and Conditions of Contract

(GDCC) and Works Manual. However, all other clauses of GDCC and Works Manual, shall

apply to the contract.

(Rajesh Kumar)

Manager (Civil)

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ANNEXURE-A

(To be submitted in Envelope II)

DECLARATION FORM

Dated: ______________

To

The DGM (M&C)

National Fertilizers Limited

Nangal Unit.

Sub:- ARC for White washing, Painting, distempering and Cement Painting of Quarters &

Public Building in Naya Nangal T/ship and plant building inside Factory Area

(including workshop, conveyor galleries, control room, transfer tower) during the

year 2015-16.

Ref.: NIT No. NFL/NGL/C/485/2015/003 dtd. 16.07.2015.

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 “ARC for White washing, Painting, distempering and Cement Painting

of Quarters & Public Building in Naya Nangal T/ship and plant building inside Factory Area

(including workshop, conveyor galleries, control room, transfer tower) during the year 2015-16”

work at the rates quoted in the attached Schedule of Rates and in accordance with the

specifications, 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:

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ANNEXURE-B

( To be submitted in Envelope II)

Sub.: ARC for White washing, Painting, distempering and Cement Painting of Quarters &

Public Building in Naya Nangal T/ship and plant building inside Factory Area

(including workshop, conveyor galleries, control room, transfer tower) during the

year 2015-16.

Ref.: NIT No. NFL/NGL/C/485/2015/003 dtd. 16.07.2015

UNDERTAKING

Dated: _____________

1. I/We hereby confirm that Commercial Bid i.e. Price Bid is strictly as per Schedule of

Quantities (Description/ Unit / Quantity of Items), Terms & Conditions and is also Un-

conditional, including rebates offered. I/We shall have no objection for rejection of the offer

if found conditional.

2. All the pages of NIT and Schedule issued to us have been signed for its validity and in token

of its acceptance by us.

for M/s_____________________

(Signature of Contractor/

Authorized Signatory with Seal)

Name______________________

Address:

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ANNEXURE-C

(To be submitted in Envelope II)

Sub.: ARC for White washing, Painting, distempering and Cement Painting of Quarters &

Public Building in Naya Nangal T/ship and plant building inside Factory Area

(including workshop, conveyor galleries, control room, transfer tower) during the

year 2015-16.

Ref.: NIT No. NFL/NGL/C/485/2015/003 dtd. 16.07.2015

ACCEPTANCE OF TENDER CONDITIONS

I/We have personally read the NIT / General Directions & Conditions of Contract (G.D.C.C.) for

the subject work, and I/we accept all the terms & conditions as mentioned in the NIT / G.D.C.C.

without any reservation and shall abide by the same.

for M/s_____________________

(Signature of Contractor/

Authorized Signatory with Seal)

Name______________________

Address:

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ANNEXURE – D

(This application is to be submitted in separate envelope by such contractor (s) who have down

loaded the tender documents from our web site. This application alongwith Demand Draft is to be

deposited with NFL before submitting the main tender)

Date: _____________

To

The DGM (M&C)

National Fertilizers Limited

Nangal Unit

Sub.: ARC for White washing, Painting, distempering and Cement Painting of Quarters & Public

Building in Naya Nangal T/ship and plant building inside Factory Area (including

workshop, conveyor galleries, control room, transfer tower) during the year 2015-16.

Dear Sir,

With reference to your NIT No. NFL/NGL/C/485/2015/003 dtd. 16.07.2015 and the tender

documents displayed on your web site, we hereby submit our tender for the subject work.

Since we have not purchased the tender document from your office and the tender document has

been down loaded by us from your web site, we are hereby enclosing a Demand Draft No.

_____________ dated _________ of ______________________________ (Bank) amounting to

Rs. 500.00 (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)

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ANNEXURE - E

DECLARATION FORM-II

Sub.: ARC for White washing, Painting, distempering and Cement Painting of Quarters & Public

Building in Naya Nangal T/ship and plant building inside Factory Area (including

workshop, conveyor galleries, control room, transfer tower) during the year 2015-16.

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

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.

Seal & Signature of tenderer

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Annexure- F

To be submitted in envelope number-II

Declaration form pertaining to Service Tax

NIT No. NFL/NGL/C/485/2015/003 dtd. 16.07.2015

Job pertaining to “ARC for White washing, Painting, distempering and Cement Painting of

Quarters & Public Building in Naya Nangal T/ship and plant building inside Factory Area

(including workshop, conveyor galleries, control room, transfer tower) during the year 2015-16”.

Sr.

No.

Description Qty. Unit Rates (In Rs.) Total value (In Rs.)

In Figures In Words In Figures In Words

1 A ----- ----- XX XX XX XX

2 B ----- ----- XX XX XX XX

3 C ----- ----- XX XX XX XX

Sub Total

Quoted amount without Service Tax XX.

Add contractor’s liability of Service Tax

(As per calculation given below)

XX.

Total Quoted amount including Service Tax XX.

Details of Service Tax Calculation

a. The value of services (quoted amount) on which Service Tax

shall be applicable (_______%age of quoted amount)

XX.

b. The amount of Service Tax (present prevailing rate 12.36%) XX.

c. The percentage (_______%) liability of contractor as service

provider

XX.

d. The percentage (_____%) liability of NFL as Service receiver

(applicable only in specified cases of reverse charge)

XX.

e. The amount of Service Tax added in quoted value (as per (c)

above)

XX.

Notes: -

1. The contract involves supply of material, and so, transfer of property in goods. As such, it

comes under the definition of works contract. In case the service provider (Tenderer) is an

individual / HUF, a partnership firm or an association of persons, NFL shall discharge its

liability of service tax as servicer receiver at prevailing rate on 50% value of services

determined according to Service Tax Valuation Rules. Also refer clause no. 8 relating to

Service Tax under Commercial terms & conditions of contract.

2. If tenderer declares the Service Tax such as in the following example, then it shall be construed

that the Service Tax to be shared between service provider and service receiver on 50:50 basis,

subject to provision of Service Tax Rules/NIT. Example :-

column (a) above = 70% value

Column(c)= 35%

Column(d)= 35%

column (a) above = 50% value

Column(c)= 25%

Column(d)= 25%

3. It is confirmed that all the columns marked XX as above, have been duly filled in the price bid

submitted in envelop-III. In case tenderer is not charging service tax over and above the item

rates ‘NIL’ should be mentioned in the service tax column. If the service tax columns are left

blank/ unfilled, it shall be construed that the quoted rates are inclusive of service tax.

4. I/We agree to the evaluation of price bids and loading of service tax under the terms of NIT.

Seal & Signature of tenderer