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TENDER DOCUMENT FOR PURCHASE OF FRESH CERTIFIED SEEDS OF

PADDY CROP FOR KHARIF-2016

NATIONAL FERTILIZERS LIMITED, (A Govt. of India Undertaking) Agri. Business Division (ABD)

SPECIAL INSTRUCTIONS TO TENDERERS (SIT)

1. Closing date & time : 28.03.2016 at 14.30 Hrs. 2. Tenders to be submitted to : Zonal Manager (Mktg.), National Fertilizers Limited, SCO 76-79,

Sector 17-D, Zonal Office, Chandigarh.

Ph:-0172-2704485,2703714, Fax:-0172-2707384 3. Place of opening of bids : National Fertilizers Limited, Zonal Office, Chandigarh

Ph:-0172-2704485,2703714, Fax:-0172-2707384 4. (i) Date & Time of submission : 28.03.2016 Up to 14.30 Hrs. of bids (ii) Date & Time of opening of : 28.03.2016 At 15.00 Hrs. Technical bid

After acceptance of the technical bid of the parties, the price bid shall be opened at a later date, which shall be informed to the parties. If the date of receipt /opening of tender is declared as holiday, the same shall be received / opened on the next working day. NFL reserves the right to accept or reject the tenders.

5. Payment mode : All payments are accepted by Demand Draft in favour of National Fertilizers Limited, payable at Chandigarh.

Incomplete tenders or tender not accompanied with the required documents or received late shall be summarily rejected without further reference whatsoever. The decision of the NFL in this regard shall be conclusive and binding.

Bids received after the closing date & time will not be considered. NFL will, in no way, be responsible for the bids/offers received late for whatsoever reasons. 6. No tenderers shall be allowed to withdraw / amend his bid, once it is received or

dropped in the tender box.

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7. Those tenderers who are submitting tender documents after downloading from NFL’s

website have to submit Demand Draft of Rs.1000/- favoring National Fertilizers Limited, payable at Chandigarh along with tender in form of crossed demand draft payable at Chandigarh as the Tender Documents Cost, failing which their tender shall not be accepted.

8. Eligibility Criteria for opening of technical bid of parties :

The participating parties fulfilling the following eligibility criteria/conditions as per information provided in Techno-commercial Bid shall be adjudged qualified and considered for opening of their Price Bid. (i) Parties who have processed and supplied 10,000 Quintal seed in last financial

year should apply. (ii) The party should have its own seed processing plant. (iii) The party should be duly registered with State Seed Certification Agency

(SSCA) for seed production. (iv) The party should not have been black-listed/debarred from participation

in tendering by any of Central / State Seed Corporation/Agency engaged in Seed Production and distribution in the Country, during last 3 years (as per Annexure-‘B’).

(v) The party should quote a minimum quantity of 300 Quintals of Paddy seed under all varieties of subject tender. The parties who do not meet the above criteria need not apply.

9. Bids shall be invited in two bid system

Envelope No.1 (Sealed) shall be marked as “Envelope No 1” Techno Commercial Bid”. The bidder should mention their name address etc. on the left hand side of envelope. Envelope No. 1 contains TWO PARTS.

Part “A” i) Copy of tender document signed on every page along with affidavit covering

the below three points.

ii) Annexure-A along with all information and supporting documents for pre-qualification.

iii) Un-priced Commercial bid on Performa at Annexure-I indicating the variety-

wise quantity in Quintals only. No price shall be mentioned.

iv) Annexure-B, Affidavit duly notarized on non-judicial stamp paper of Rs.50/-.

The prospective tenderers having any common Partners/Directors/Managing partners etc. or having any other common criteria shall be considered as Sister / Group / Associates Company/Concern/Company. In such cases, only one of them will be eligible for participating in the tender. Tenderers have to submit a declaration along with the Technical Bid, in the form of an affidavit on Rs.50/-.stamp paper duly notarized, stating;

(a) That no other Firm/Sister concern/Associate belonging to the same group is

Participating / submitting this tender.

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(b) That the Bidders, their associates, Sister concerns etc. have not been black-listed/de-listed or are put on holiday by any Institutional Agency/Govt. Dept. / Public Sector Undertaking in the last two years.

(c) That any licenses/ statutory obligations that expire during the contract period shall be duly renewed by the SELLER without any lapses.

In case of concealment of any fact, if detected later on, such tenderer will be debarred from all future dealings with NFL.

Part “B” EMD Instrument along with details. i) The tenders shall be accompanied by earnest money deposit of Rs.100000/- (` One Lac

only) by way of DD in favor of National Fertilizers Limited drawn on any scheduled / Nationalized bank payable at Chandigarh. Tenders without EMD shall be summarily rejected. Envelope No. 2 (Sealed)-“Price Bid” should be marked as “Financial Bid” for supply of Certified Paddy Seeds in Annexure-II. Both the envelopes should be put in one big envelope with particulars on it and sent to the

Zonal Manager, Chandigarh. The outer main envelope should be super-scribed “TENDER FOR PURCHASE OF FRESH CERTIFIED SEEDS OF PADDY CROP FOR

KHARIF-2016” 10. The lowest rate bidder (L-1) shall be considered purely based on offered price on FOR

basis for the designated state / states. 11. In case of person other than Proprietor/ Partner/ Director is representing the company,

then an authorization on Company’s letter head in the enclosed Performa Annexure-III from Proprietor/ Partner/ Director of the Organization must be attached with tender documents. He can be authorized for discussions / negotiations only. However, In case of Partnership Firm, all the partners will sign the Tender form.

12. NFL reserves the right to purchase quantities from more than one Tenderer. 13. Except as otherwise stated above NFL shall reserve the right to de-list any parties if the

seed processing unit stops production or sealed by any state/ central enforcement agency or party is found involved / engaged in any un-fair practices etc. or if dealing with the said party is prejudicial to the interest of NFL, which NFL may verify through its own sources.

14. Offer should be valid for 90 days from the date of opening of tender.

15. CONDITIONAL OFFER SHALL NOT BE ACCEPTED UNDER ANY

CIRCUMSTANCES.

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***** GENERAL TERMS AND CONDITIONS (GTC)

TENDER DOCUMENT FOR PURCHASE OF FRESH CERTIFIED PADDY SEEDS GRADED & PACKED IN NFL BRAND NAME ‘KISAN

BEEJ’ FOR KHARIF-2016” 1.00 Submission of tenders: 1.01. No oral, telephonic, telegraphic or faxed tenders will be entertained.

Tender should be submitted in sealed cover duly subscribed as “Tender for supply of

CERTIFIED PADDY SEED”. Each cover should contain two separate covers therein as follows:

i) Sealed cover inscribing ‘Techno Commercial Bid’ containing the Bank draft of ` 1,00000/- (` One Lac only) earnest money deposit along with one set of this tender document duly signed on each page as token of acceptance of all terms and conditions. The Annexure-A along with all relevant documents and Un-Priced Commercial bid as per Annexure-1 providing relevant information may also be submitted. Name of the tenderer should also be indicated on the cover.

ii) Sealed cover inscribing ‘Price Bid’ containing price bid as per the Performa of price bid (Annexure-II). The price bid shall be duly signed and stamped by the authorized signatory of the tenderer. Name of the tenderer should also be indicated on the cover.

1.02. The tenderers shall acquaint themselves fully and thoroughly with NFL marketing territory terms and conditions and limitations including the scope requirement and official /statutory regulations conforming to which and subject to which the services are to be performed. Failure to comply with the above mentioned requirements will not absolve the tenderers of their obligations and duties under the contract in the event of their tenders are accepted. Nor any claim whatsoever shall be entertained on the plea of ignorance/overlooking.

1.03. No amendments to the tenders will be allowed under any circumstances after

receipt of tenders. 1.04. BUYER: Buyer means and includes National Fertilizers Limited (NFL), its

marketing division and any officer nominated on its behalf. 1.05. SELLER: Seller means and includes the Firm/Company/Society/Proprietary/

Partnership firm in whose favor Letter of Intent (LOI) issued by the authorized officer of the buyer.

1.06. CONTRACT: Contract means and includes Notice inviting tender & TCC, General and Special instructions issued from time to time by seller, tender documents, letter of acceptance of bid, accepted schedule of rates, formal agreement, LOI and all these documents taken together and as modified from time to time in writing, shall be deemed to form part of the contract and shall be complimentary to each other.

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1.07. If the tenderer has any relation whether by blood or otherwise with any of the

officers/employees of National Fertilizers Limited, the tenderer must disclose such relations at the time of submission of tender, failing which National Fertilizers Limited shall reserve the right to reject the tender or terminate the contract.

1.08. If any information submitted by a tenderer at the time of submission of the tender is

found to be false after the award of the contract or it is discovered that some information having a material bearing on the contract is suppressed, National Fertilizers Limited reserves the right to terminate the contract forthwith without any prejudice to any right, remedies, claims, etc. that may be available to National Fertilizers Limited.

2.00 Compensation for submission of tenders:

National Fertilizers Limited (hereinafter referred to as ‘BUYER’) shall be under no obligation to entertain/accept any claim/demand of the tenderers for the cost, charges or incidentals for, or in connection with the preparation of and submission of tenders.

2.01. BUYER shall have the sole & unfettered discretion to withdraw the invitation to tenders or reject any or all tenders without assigning any reason thereof. No correspondence/communication in this behalf from tenderers shall be entertained.

3.00 Postponement of tender opening date:

The BUYER shall have rights to postpone the tender opening date and /or time and place. If any change with regard to opening of tenders is effected, the same shall be intimated to all the tenderers well in time along with intimation of revised tender opening date & time.

3.01 The Techno commercial bids and price bids shall be opened in the presence of the tenderers who may wish to be present. The tenderers may appoint their authorized representatives by due authorization, which shall be required to be produced on demand.

Acceptance / rejection of bids/tenders:

To accept or reject any bid in whole or in part shall be the sole discretion of BUYER. The BUYER shall not be liable to specify reasons of such acceptance/rejection. No further communication in this regard from the tenderers shall be entertained. BUYER has discretion to allocate the quantity of certified seed to one or more tenderers in the manner deemed fit in the commercial interest of the company. The BUYER shall reserve the right to accept the lowest and/or other than the lowest tender.

4.01 BUYER shall not be liable to inform/convey the reasons for rejection of their bids

to unsuccessful bidders. 5. VALADITY OF BIDS:

The suppliers offer shall be valid at least for ninety days from date of opening of Tender bids.

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6.00 Earnest Money Deposit (EMD)

The tenders shall be accompanied by earnest money deposit of ` 100000/- (` One Lac only) by way of DD in favour of National Fertilizers Limited drawn on any scheduled/Nationalized bank payable at Chandigarh. Tenders without EMD shall be summarily rejected.

6.01 Forfeiture of EMD:

The EMD shall be forfeited in case tenderer after having submitted the tender withdraws the same or changes the quoted price within the period of validity or refuses to accept the Letter of Intent (LOI) after acceptance of offer by NFL.

6.02 EMD of the successful tenderer (hereinafter referred to as SELLER) shall be

refunded on submission of Performance Bank Guarantee as per the terms and conditions of the contract or the same may be got adjusted against the PBG.

6.03 EMD of the unsuccessful tenderer shall be refunded after establishing L-1 supplier.

6.04 The EMD will not carry any interest. 7.00 In case tenderers desire any clarification to any tender condition or other related

aspect, Zonal Manager (Mktg.), National Fertilizers Limited, Chandigarh may be contacted. The Phone Nos. are 0172-2704485, 2703714, Fax No. is 0172-2707384.

8.0 QUANTITY: 8.01 Seed is one of the important inputs required during a limited period in the Kharif

season. Therefore, timely supply of the seed is the essence of the contract.

8.02 The variety-wise requirement of certified wheat seed for season Kharif-2016 shall be as under:

Tentative Variety-Wise requirement of Certified PADDYM Seed:

State Crop Variety Quantity (in qtls)

PUNJAB PADDY PUSA-1121 800.00 PUNJAB PADDY PUSA-44 800.00 PUNJAB PADDY PR-114 300.00 PUNJAB PADDY PR-121 400.00 PUNJAB PADDY PR-124 400.00 HARYANA PADDY PUSA-1121 2000.00 HARYANA PADDY PR-114 300.00

G. Total:- 5000.00

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NFL may increase/decrease the final requirement from the quantity advertised in the tender. The increase/decrease may not exceed 10% of the quantity. The above figures are indicative against each variety and the total off take may increase/ decrease depending upon the market conditions. Further, there is no firm quantity commitment for purchase of seed from SELLER either variety-wise or Overall and would be at the sole discretion of BUYER.

8.03 NFL reserves the right to Award the Contract to more than one tenderer in case, full tendered quantity is not tied up with L-1 Party, for quantity to be splited among the tenderers matching the L-1 rates with preference to be given in sequence of L-1, L-2, L-3 …..etc. until whole quantity is tied up.

8.04 The tenderer shall indicate in the prescribed format, the variety wise precise

quantity that can be supplied, and the rate in ` …………………. per quintal. Tender can be submitted for a minimum quantity of 300 qtls. of Paddy seed for all varieties.

8.05 The supply of seed shall be made in NFL bags in conformity with the standard

norms laid down for supply of seeds. The bags shall be arranged by the SELLER with printing in the name of BUYER. The design/print details shall be provided by the BUYER to the SELLER.

The bags shall be arranged by the SELLER and supplies of seed shall be made in bags as per the guidelines given in the Seed Act with the standard norms laid down for supply of certified seeds. The SELLER shall arrange printing on backside of seed bags as per design provided by NFL at the time of issue of LOI.

9.00 Delivery Period: 9.01 Tenderers are required to supply total quantity allocated by the BUYER in each

purchase order within the period stipulated. However, it may be clearly understood that after expiry of validity of the contract no supply will be permitted to the SELLER even if the total allocated quantity is not supplied by the SELLER for any reason. The SELLER will not have any claim whatsoever in this regard after expiry of the contract.

Timely delivery shall be considered as the essence of the purchase order. The actual date of receipt of the supply at the consigner term of the purchase order are on FOR basis. The supply has to be made based on confirmed order. A period of 15 days will be allowed for completion of supply against purchase order which will commence from the date of issue of respective purchase order. If the delivery of material is delayed by the SELLER beyond stipulated date, NFL shall have the right to exercise the following option:

(a) To treat the default as breach of contract and to terminate the contract

forthwith forfeiting security deposit and taking other action against the SELLER within the provisions of contract.

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(b) If the material is not supplied as per the specified schedule/date as mentioned above, NFL reserves the right to accept the material after imposing the penalty @1% of the Invoice/Purchase Order value for every week and part thereof the period of delay from the delivery period subject to maximum of 10% of the total value of material delayed.

9.02 The BUYER shall have the right to purchase the material in full or part thereof, at

the risk and cost of the SELLER in case SELLER fails to supply the allocated or indented quantity within the specified time.

9.03 Notification of Dispatch: In regard to each and every consignment shall be made to

the BUYER immediately on dispatch indicating full details of quantity of material so that the BUYER’s Area Manager may plan for storing and distribution of material.

9.04 The Buyer shall have the sole and unfettered discretion to decrease/increase the

purchase from the SELLER depending upon market condition and climatic conditions within the validity of the contract.

10.00 Quality: 10.01 NFL may draw representative samples of the final cleaned/graded seed lots offered

by the SELLER and have them analyzed in any Government Laboratory identified by NFL only, the lot cleared by both Seed Certification Agency(SCA) and Government Laboratory will be accepted by NFL.

10.02 The seed shall be processed and packed as per NFL and SCA’s requirement at the

SELLER’s premises at his cost and expenses. NFL will have right to inspect the operation from time to time.

10.03 The SELLER shall make available to NFL a copy of Release Order/ Certificate issued by State Seed Certification Agency (SCA) for each lot before delivery to NFL.

The seed stock should confirm to the quality specifications prescribed in the minimum Seed Certification Standard-1988 as amended from time to time and shall possess good physical appearance and luster to NFL’s satisfaction.

10.04 The SELLER shall be fully responsible for any quality deviation observed by Government / Enforcement agency / NFL and shall be liable for damages/legal prosecution arising out of quality lapses vide provisions under prevailing laws such seed act/Seed control order and Weight and Measurement act etc.

11.0 Packing

Certified Seed would be supplied in packing sizes as desired by NFL in conformity with standard norms laid down for supply of Certified seeds. Bags would be arranged by SELLER with printing as per clause No. 8.05.

12.00 Price: 12.01 The price ( in Rs.……./-Per Quintal ) to be quoted by the SELLER shall be the rate

charged by the SELLER for supply of finally cleaned / graded and packed Certified Seed on FOR basis at Dealer’s destination in all districts of Punjab & Haryana

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States. Price quoted shall be inclusive of all charges like duties, levies, sales tax/ VAT and all other statutory levies as imposed by state/central government and local authorities from time to time.

12.02 Tenderers are required to submit Bid as per Performa enclosed duly signed and stamped by authorized signatory in a separate sealed cover indicating name of the company on the envelop.

13.00 PAYMENT TERMS: 13.01 90% payment will be released within 30 days from date of receipt of material along

with invoices subject to satisfactory test reports and fulfilling other requirements. The balance 10% payment will be released after successful completion of contract i.e. within 120 days from date of LOI.

13.02 No other expenditures shall be permitted in the invoice except of effect of any

change in taxes or levies as imposed by either State Govt. or Central Govt. or by local body/ authority. The SELLER shall make payment of the difference of amount due to change in taxes and duties.

14.00 SECURITY DEPOSIT : 14.01 Security Deposit for faithful performance of contract:

The successful tenderer (SELLER) would be required to make security deposit at 5% value of contract. EMD of the successful tenderer can be adjusted in the security amount.

14.02 The Security Deposit may be made by way of Bank Guarantee (as per Annexure-IV), Demand Draft from Nationalized Bank / Scheduled Bank (excluding Rural/ Co-operative Banks) in favour of National Fertilizers Limited, payable at Chandigarh. The security deposit will be required to be submitted within 10 days from the date of issuance of Letter of Intent. The Bank Guarantee shall be in such form and manner as may be approved by the BUYER (Performa enclosed) Annexure- IV. The Security Deposit submitted by the SELLER shall be valid for the contract period as finalized with the BUYER with a claim period of six (06) months from the date of the expiry of validity of the contract.

14.03 If the SELLER fails to perform the contract within its terms and conditions or

Commits breach or deviates from any of the terms of the contract the BUYER shall have the right to forfeit Security Deposit / to en-cash the Bank Guarantee along with recovery of advance deposited by the BUYER with interest.

14.04 The Security Deposit shall be en-cashed either in full or to the extent of losses suffered by the BUYER due to the breach of the contract and / or non fulfillment of the obligations by the SELLER under the contract. The SELLER has to make good the value of Security Deposit to the extent of amount so drawn / en-cashed within 15 days of intimation from the BUYER.

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14.05 The security deposit in any form shall not carry interest. 14.06 The above deposit shall be deemed as security for faithful performance of the

contract or for the purpose of Section 74 of Indian Contract Act 1872 and for the extension of that Section. The contract shall be deemed as Bond given by the Tenderer for the performance of an essential duty.

14.07 The security deposit shall be released by the BUYER to the SELLER on successful

completion of the contract and settlement of dues whether payable or recoverable. In the event some amount is due from SELLER and the same is not paid by SELLER for any reason, the amount shall be recovered from security deposits as indicated above.

15.00 LIQUIDATED DAMAGE AND ENFORCEMENT OF BANK GUARANTEE

/ SECURITY DEPOSIT: 15.01 NFL / BUYER shall not be responsible for fluctuation of the market rate of the

ordered quantity of seed. The tenderer shall be required to supply the seed at agreed rate only. In case of failure of the SELLER to supply the contracted / allocated quantity of seed for whatsoever reasons, the BUYER shall have full discretion to purchase seed from any other party at the SELLER’s risk and cost. The SELLER defaulting in supplying the material shall be levied liquidated damages equivalent to the value of the un-supplied quantity based on prevailing market price and the amount shall be recovered from the SELLER. In case, the seller fails to deposit the penalty imposed, the contract will be terminated and the security deposited will be forfeited.

15.02 SELLER shall have to supply the seed as per order placed by the BUYER from

time to time for states finalized under the contract and communicated in the Letter of Intent.

16.00 STATUTORY CLEARENCE :

The SELLER shall arrange all applicable clearances from the concerned statutory authorities in relation to the supply of seed under the contract.

17.00 WEIGHMENT/ BILLING:

Weight of the material to be supplied to the BUYER shall be made on the basis of number of bags each (10 kg.) received at the BUYER’s destination/s. The seller shall be fully responsible for shortage/s observed upon receipt of material in the intact bags, if any. The buyer shall be within its rights to reject such consignments not conforming to weight specifications as laid down in SEED ACT or may decide to get the consignment standardized at the cost and expense of seller. The SELLER shall, however, have the right to depute their authorized representative to supervise the receipt of bags at destination. Bills shall be prepared based on the net numbers of bags/ net weight of goods in trucks so received. Supply of material shall be based on GTR to NFL dealer destination.

18.00 The SELLER shall be singularly responsible to secure strict compliance with all Central and State laws as well as rules, regulations, bye-laws and orders of the local authorities as may be in force from time to time.

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19.00 SECRECY: Any information derived or otherwise communicated by the BUYER

to the SELLER in connection with the contract shall be kept / treated as secret and shall not without written consent of the BUYER be published or disclosed to any third party or made use of by the SELLER except for the purpose of execution of the contract.

20.00 The SELLER shall not sublet or assign the contract or any part of it to the third

party without obtaining the written consent / permission from the BUYER in advance.

21.00 All correspondence shall invariably bear reference to the contract number and date.

All notices, complaints, communications and references under this contract shall be served / delivered by registered post or by hand at the address given hereunder:-

Address of the BUYER Zonal Manager (Mktg.) National Fertilizers Ltd., SCO 76-79, Sector 17-D Chandigarh-160017 Ph:- 0172-2704485, 2703714 Fax:- 0172-2707384 In case, the communications are exchanged by any means other than registered post, a confirmation copy by post will be sent.

22.00 Force Majeure:

Neither party shall be liable for any claim on account of any loss, damage or compensation, whatsoever, arising out of any failure to carry out the terms of this contract where such failure is caused due to war rebellion, mutiny, civil commotion, fire, riot, earthquake, drought, floods, crop failure or act of God or due to any restraint or regulation of the state or Central Govt. or a local authority/authorities. The Party so affected shall give a notice of such occurrence to the other party in writing within 10 days from the date of occurrence the force majeure condition, furnishing there with documentary evidence supporting the invoking of the force majeure. On cessation of the force majeure, the party invoking force majeure shall inform the other party of the period for which force majeure condition continued and shall also give documentary evidence thereof to this effect. Should one or both the parties be prevented from fulfilling their contractual obligations by a state of force majeure lasting continuously for a period of 3 months, both the parties shall meet and decide about the future course of action for implementation of the contract.

23.00 Arbitration:

All disputes or differences, whatsoever, arising between the parties out of or relating to the construction meaning and operation or effect of this contract or the breach thereof shall be referred to the Sole Arbitrator to be appointed by the

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Chairman and Managing Director of NFL in accordance with the Arbitration and Conciliation Act 1996 or any statutory modification or co-enactment thereof and the rules made there under. The venue of Arbitration shall be Delhi / New Delhi. If the Sole Arbitrator to whom the matter is referred vacate his office by any reason what-so-ever, the incumbent Arbitrator shall commence the proceedings from where his predecessor had left. Both the parties shall continue to perform their contractual obligation, even if some or all issues or disputes concerning with the contract once referred to Arbitration during pendency of the contract. It is further and lastly agreed that efforts shall be made by both the parties to settle all the disputes / differences amicably through negotiation. The reference to Arbitration shall be restored to as last means of settlement.

24.00 Jurisdiction:

All the disputes relating to the contract shall be subject to the jurisdiction may be conferred to Zonal Office of Chandigarh courts.

25.00 Validity of the Contract: 25.01 This contract shall be valid for a period of 120 days i.e. One Hundred Twenty Days

from the date of issuance of Letter of Intent.

25.02 The contract period can be extended for next one season from the date of expiry of contract as indicated above, on mutual agreement by the parties concerned.

25.03 The effect of force majeure clause mentioned in clause no 22.00 above shall also be

considered for further extension. The party claiming force majeure event shall provide authenticated proof under force majeure for submitting their request for extension of period of contract. The duration of such extension shall be determined by NFL which shall be conclusive and final.

25.04 NFL may increase/decrease the final requirement from the quantity advertised in

the tender. The decrease/increase may not exceed 10% of the quantity. 26.00 No Waiver :

Failure of either party hereto to exercise any right hereunder or to claim for fulfillment of any terms hereof will not relieve, exempt or affect in any manner, the rights of the other party including the right to demand at any time strict and complete fulfillment of any or all provisions of this agreement.

27.00 Indemnity: The SELLER undertake to indemnify the BUYER for all claims for injury caused to any person whether a workman or not, while in or upon the site of the same and the

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said BUYER shall not be bound to defend any claim brought under the Workman’s Compensation Act

28.00 GENERAL: Submission of tender document shall not create any contractual right in favour of

either party unless a LOI is issued by the Buyer. The terms contained herein are indicative.

29.00 Termination of contract:

The contract is liable to be terminated if the SELLER: i) Becomes bankrupt or insolvent or goes into liquidation (other than a

voluntary liquidation for the purpose of amalgamation or reconstruction, in case of a company) 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 his/their assets or property on the works; or

ii) Makes an arrangement with or assignments in favour of his/their creditors/agrees to carry out the contract under a committee or inspection of his/their creditors; or

iii) Abandons the work; or

iv) If the seller makes default in supply of material as per terms of the contract.

No claim or compensation shall be payable by NFL as a result of such termination; or

v) Assigns or in part thereof without written permission of buyer.

vi) Performance is not satisfactory or

vii) If the SELLER obtains the contract with NFL with illegal measures:

viii) Information submitted/furnished by the contractor are found to be incorrect.

ix) If during any period of contract, liquidated damages amount exceeds 5 % of the contracted value which is the maximum penalty leviable for short/delayed supply or any other reasons, NFL would be within its rights to terminate the contract and no claim / compensation shall be payable by NFL as a result of such termination.

x) The above shall be without prejudice to NFL’s other rights under the law.

Upon termination of contract for reasons detailed under clause no. 29.00 1. The BUYER shall reserve the right to purchase the balance un-supplied

quantity of said contract from any other party other than the SELLER as per

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the terms decided by the BUYER and the loss damages suffered by the BUYER if any, due to such purchase recovered from the SELLER.

2. The earlier SELLER will have no claim / share of profit if any against purchase of such un-supplied quantity.

3. Performance guarantee bond / security in any form submitted by the SELLER shall stand forfeited.

ALL TERMS AND CONDITIONS STIPULATED IN TENDER DOCUMENTS ARE ACCEPTABLE TO ME / US. FOR AND ON BEHALF OF THE FIRM/COMPANY Signature ____________________ Name of Authorized Person ____________________ Company Name ____________________

Firm/ Company Seal ____________________

CIN ______________________

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Annexure-I

*Un-Priced Commercial Bid for Fresh Certified _________/_______. Sr. No.

State Crop Variety Quantity (in Qtls.)

* The un-priced Commercial Bid to be submitted with Techno-commercial Bid (Part-A). Name of the Tenderer / Company : ________________________ Status : Company/Firm/Proprietorships/Co-operative/Others Address of tenderer : ________________________ Name of the person signing on : ________________________ behalf of the tenderer Designation of the person : __________________________ (Signature with full name and seal of the tenderer)

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Annexure-II

Price Bid for Fresh Certified _________/_______. 1. All the prices are to be quoted both in figurers and words. 2. Only one price is to be quoted against each space. Multiple rates are not acceptable and shall be

rejected without any references. 3. Conditional offer shall be rejected without any references. 4. All the quotation have to be indicated on FOR the concerned state(s). 5. Tenderer shall quote the rates per quintal including the price of seed treatment Fungicide Thiram 75% W.P.@ 2grams per kg of seeds it is mandatory to quote both rates.

State Crop Variety Quantity (in Qtls.)

Price (Rs./Qtl) with Fungicide on FOR basis

Price (Rs./Qtl) without Fungicide on

FOR basis

Name of the Tenderer / Company : ________________________ Status : Company/Firm/Proprietorships/Co-operative/Others Address of tenderer : ________________________ Name of the person signing on : ________________________ behalf of the tenderer Designation of the person : __________________________ (Signature with full name and seal of the tenderer)

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Annexure A

APPLICATION FOR TECHNO COMMERCIAL QUALIFICATION FOR PRODUCERS OF CERTIFIED _________/_______. 1. DETAILS OF THE FIRM/PARTY

(i) Name of the Firm/Company : (ii) Address of the Firm/Registered Office : (iii) Phone Number : (iv) Mobile Number : (v) Email Address :

2. (i) Address of Works (Processing Plant). :

(ii) Name of Contact person. : (iii) FAX Number. : (iv) Phone Number. :

3. History and Organizational Structure of the Organization.

(i) Year of Establishment of the firm.

Status of the Firm: Proprietorship/Partnership/Private Limited/Cooperative Society (ii) In case of Proprietorship

Name of the Proprietor Sh................................S/o Sh..................................

(Enclose Latest dated Notarized Sole Proprietorship Affidavit giving therein Name of the Proprietor, Son of, Name of the Firm & Resident of)

(iii) In case of Partnership

Name of all the Partners 1. Sh................................S/o Sh.................................... 2. Sh................................S/o Sh...................................

3. Sh................................S/o Sh....................................

(Enclose dated Notarized copy of Partnership Deed with recent date of Notarization on each page)

(Submit Latest dated Notarized Affidavit by Partners that there is no change in the current status of the firm in the format given in Annexure-B )

(iv) In case of Public/Private Limited Company

Name of the 1. Sh........................S/o Sh...................................... Subscribers/Directors 2. Sh........................S/o Sh….................................. Name of the Managing 3. Sh........................S/o Sh...................................... Director

(Enclose copy of MOA/Articles of Association and List of Directors)

(v) In case of Cooperative Society.

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Name of the President 1. Sh................................S/o Sh..................................... (Enclose copy of Bye Laws/Resolution, Details of Elected Body)

4. Authorization/Responsible Person for day to day activities. (i) Name of the Responsible Person - Sh.............................. S/o.............................

(Enclose dated Power of Attorney/Notarized Affidavit as per Annexure-'III' by Proprietor/Partners Authorizing the responsible person of the firm for day to day activities, In case of Limited Company enclose copy of Resolution)

5. Details of Sister Concerns/Group of Firms/Companies having Common Partners/Director/Managing Director with the Applicant as on date.

Name of the

Firm/Associate Common

Partners/Directors Percentage of Interest

Type of Business

Date of Constitution of

Firm

(i) Submit dated Notarized Affidavit as per format given in the Annexure-B regarding Non-Participation of Sister Concerns under same Management in the Prequalification/Tender.

(ii) Submit a certificate from an independent Chartered Accountants furnishing the names of any associated units of applicant or names of any unit in which any of the directors / partners of the applicant has any interest

6. Give details, If you or your Sister concern is dealing with NFL as:- :

- H & T Contractor : - Dealer. : - Private Godown : - Related to any NFL Employee/Ex Employee :

7. COMMERCIAL DETAILS

Registration with Statutory Authorities Subject Registering

Authority Address of Registering Authority

Registration Number

Date of Registration

Validity Period

In case of Partnership Firm, whether registered

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In case of Public/Private Limited, whether registered with Registrar of Companies

Registration with State Government

Registration with SSI

Registration with NSIC

Registration with ESI

Registration with Sales Tax Authority

Registration with Dept. of Agriculture

Any other Registration

(i) REGISTRATION WITH STATE SEED CERTIFYING AGENCIES

(SSCA) - Type of Seed : - Registration No : - Date of Registration : - Validity Period of Registration :

(ii) REGISTRATION OF PROCESSING PLANT WITH SSCA - Type of Seed : - Registration No : - Date of Registration : - Validity Period of Registration :

(iii) SEED LICENCE FROM DEPUTY DIRECTOR / STATE AGRICULTURE AUTHORITY OF THE DISTRICT

- License Number : - Date of Issue of License : - Validity Period of License : - Type of seed : - Licensed capacity in Quintals : (iv) Labour License No : (v) Provident Fund Account No. : (vi) ESI number :

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(vii) Sales Tax Number No : (viii) VAT Number : (ix) PAN Number : (x) TIN Number : (xi) Excise Registration Number : (xii) ISO certification, if obtained : (xiii) Any other certification/Accreditations, give details : (Submit attested copies of documents of (i) to (xiii) as above by Notary)

8. Actual Production of Certified Seeds for last 3 years (in Qtls.):

Year Type of Seed Production during Kharif

Production during Rabi

2013-14 2014-15 2015-16

9. Actual Yearly Sale Figure for various States for last 3 years

Type of Seed State 2013-14 2014-15 2015-16

10. Details of Bank Account: - (i) Name of the Bank and Branch : (ii) Account Number : (iii) Type of Account (CC/OD/Current/Saving) : (iv) Facilities enjoyed : (v) Status of the Firm as per Bank Records :

and Authorized Signatory of Bank Account (vi) Average Monthly Transaction (Submit Bank Solvency Certificate in Original covering all above aspects by Nationalized/Scheduled Bank)

11. Capital Investment in Lac:- Rs.………………………………. 12. Balance Sheet for the previous three financial years. Year Submitted Yes / No ----- ----- ----- (Enclose Self Attested copies of Balance Sheets for last 3 financial years)

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13. Income Tax for the previous three Assessment years. Year Submitted Yes / No ----- ----- -----

(Enclose Self Attested copies of Income Tax Returns / ITCC for last 3 Assessment years)

14. TECHNICAL DETAILS (i) Plant & Machinery Details

Details of Plant operation: a) Raw seed section : b) Processing section : - Technological support (name of the company) : c) Testing Methods : - Methods of testing quality :

- Equipments used for testing : d) Bagging Operations :

-Methods of measurement (Automatic/ manual) : e) Storage facilities : - Covered storage area : -Open storage area : f) Power back-up : Generator set with Company :

(ii) Types of Certified Seeds & their Licensed Type License Capacity in Qtls

capacity being produced (i) (ii) (iii) (iii) Experience/Details

Give details of previous experience for similar jobs with other reputed companies of Public/Private Sector/Cooperative/Govt. Department and current enlistment/registration Government/PSU/Large. Fertilizers Companies/Chemical Plants/Inspection Agencies etc.

Name of the PSU/Govt

Department etc. Type of Seed Year

From To

(Enclose Original/Attested Copies of : - - Work Order/Purchase Order copies executed for reputed Companies

like Public/Private Sectors/Cooperative/Govt. Department etc. for last 3 years)

- Current Enlistment/Registration/Prequalification. - Performance Certificate from reputed Companies.

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15. Give details, if your firm/sister concern/Associate belonging to same group has ever been delisted or put on holiday or black listed by any PSU/Cooperative/Private Sector Company/Govt. Department by any Organization during last Two years.

Name of the Firm/Sister Concern

Period of Delisting or Blacklisting

By Whom Name of PSU, Organization etc.

(Submit Affidavit as per Annexure-B)

16. Give Details of Sample failure/sample seized by State Government/Central Govt. in last 3 years

Year Action taking Authority Whether sample

seized/sample failure

Reasons

17. Details of Immovable Properties in the Name of the Proprietor/Partner/Directors

of the Firm/Company as given below:-

Type of the Property

Address of Property Ownership Status, Percentage Share

Estimated Market Value

Land Plot Shop House

18. Details of Man Power under Disposal of the Firm.

Designation of Staff/workers Number

19. Details for E Payments/E Receipts

Name and address of Bank

Branch Code IFSC Code of Bank Bank Account Number

(E-payment facility is available with SBI only) 20. Following Documents are enclosed: - (i) Sole Proprietor Affidavit/Partnership Deed/MOM/AOA/ YES/NO Copy of Bye Laws (as per Sr.No.3 of Annexure-A)

(ii) Notarized dated Affidavit with complete details YES/NO As per Annexure 'B'

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(iii) Certificate from Chartered Accountant regarding interest of

Partners/Directors in any other Associated or Sister concern/firm (Sr.No.5(ii) of Annexure-A) YES/NO

(iv) Original Bank Reference Letter Solvency Certificate YES/NO (as per Sr.No.10 of Ann-A) (v) Original Experience Certificate YES/NO (vi) Self Attested copies of Balance Sheet along with P&L Account YES/NO from last 3 financial years (vii) Self Attested copies of I.T.R./Assessment Orders for last YES/NO 3 Assessment years. (viii) Self Attested copies documents given in Sr.No.7 (i) to (xiii) YES/NO of Ann-A (ix) Demand Draft of Rs.1000/- in case the Application Form is YES/NO downloaded from Website.

21. Any Other Information

(Note: In case any of the above documents is not enclosed please give specific reasons)

Certified that the particulars furnished above are true to the best of my/our knowledge and belief. In case any of the above information/documents are found to be incorrect, my application can be rejected without any claim whatsoever

Date: (Signature of the Party) Place: with stamp ____________________________________________________________________________ In case of Proprietorship Firm - The Proprietor is to sign the Tender form. In case of Partnership Firm - All the partners should sign the Tender form. In case of Limited Firm - Managing Director should sign the Tender form. In case of Cooperative - President should sign the Tender form. ____________________________________________________________________________

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ANNEXURE-B ON NON JUDICIAL STAMP PAPER

AFFIDAVIT

I, ................................................................. S/o Shri ................................................ aged ....................................years, residing at ...................................................... (address) working as Proprietor/ Partners/Director of M/s .................................................................................................. having its registered Office at ................................................................ do hereby solemnly affirm and declare on oath as under:- 1. That I am/We are Competent to swear this Affidavit being Proprietor/Partners/Director

of M/s .............................................................................................................................................

2. That my/our Firm M/s .............................................................. is a

Proprietorship/Partnership Firm/Company is participating in tender for Prequalification of Certified Seeds Producer.

3. That we the partners of M/s ......................................... a Partnership Firm confirm that

there is no change in the status of the Partnership Deed dt.......................... 4. That I, the Proprietor Sh................................/We the Partners.............................,

............................. & ............................................ Authorize Sh. ................................... S/o ................................ to work with NFL on behalf of M/s .............................................................................................................

5. That I/We hereby confirm and declare that no other Firm/Sister concern/Associates

belonging to same group are participating/submitting this Prequalification tender. 6 That I/We hereby confirm/declare that the bidders, their associates, sister concern etc

belonging to the same group have not being black listed/de-listed or put on holiday by any institutional agencies/Govt. Dept. /Public Sector Undertaking or any organization etc. in the last TWO years.

7. That any licenses/ statutory obligations that expire during the contract period shall be

duly renewed by the SELLER without any lapses 8. Details of sister concerns as on date is given below:-

Name of the firm (Sister Concern)

Year of Establishment

Type of Business

Common Partners/ Directors

Details of Association %age of Interest of Partners

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9. I/We hereby confirm that there was no case of sample failure/sample seized by State

Govt. / Central Govt. or Statutory Authority during last 3 years. 10. That I/We further undertake that in case any of the facts contained above and in our

application is found otherwise or incorrect or false at any stage, my/our firm/company/group/sister concerns/associate companies shall stand debarred from the present and future tenders of the NFL.

(Signature of the Proprietor/Partners/Director with Seal) DEPONENT (S)

Verified at ................................................................. on ..............................................................that the contents of paras 1 to 9 of this Affidavit are true and correct to the best of my knowledge and no party of this is false and nothing has been concealed or falsely stated therein.

(Signature of the Proprietor/Partners/Director with Seal) Date: DEPONENT (S) ____________________________________________________________________________ In case of Proprietorship Firm - the Proprietor is to submit the Affidavit. In case of Partnership Firm - All the partners should submit the Affidavit In case of Limited Firm - Managing Director should submit the Affidavit. In case of Cooperative/ - President should submit the Affidavit.

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Annexure-III

PROFORMA FOR AUTHORISATION

LETTER HEAD TO WHOM SO EVER IT MAY CONCERN To, National Fertilizers Limited, Date :___________ ………………………….. ………………………….. I ________________________ S/O _____________________ aged_________years, am Proprietor/ Partner/ Director of the above company do hereby authorize Sh. _________________________ S/O ____________________________ aged ________ years to represent the company for the purpose of discussions / negotiation for Tender No_______. (Full name & Signature) With Stamp (Signature of Sh.___________) The above signature of Sh.____________________ is hereby attested. (Full name & Signature)

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Annexure - IV

PROFORMA FOR PERFORMANCE BANK GUARANTEE Whereas National Fertilizers Limited (hereinafter referred to as the “Buyer” which expression shall unless repugnant to the context or meaning thereof include their legal representatives, successors and permitted assigns of the one part) having their Regd. Office at Core-III, SCOPE Complex, Lodhi Road, New Delhi and Central Marketing Office at A-11, Sector-24, NOIDA, Distt. Gautam Budh Nagar(U.P.) have entered into an agreement dated. __________ with ____________________(hereinafter referred to as “Seller” which expression shall unless repugnant to the context or meaning thereof include their legal representative, successors and permitted assigns of the other part) having their Reg. Office at__________________. AND whereas one of the conditions of the said agreement is that the Seller shall furnish to the Buyer a Bank Guarantee from Nationalized / Scheduled Bank for a value as specified in Clause no.14.01 of the said agreement against due and faithful performance by the Seller of his obligations to be fulfilled under the said agreement. 1. AND whereas the seller has approached ________________________(name of the

Bank with complete address), and at the request of the buyer and in consideration of the said contract, we ______________(Name of the Bank) do hereby agree to give such guarantee as hereunder and undertake to pay to the buyer an amount not exceeding rupees _________________ against any loss or damage caused to or suffered or would be caused to or suffered by the seller by reason of any breach by the said buyer of any of the terms and conditions and the specific guarantees contained in the said agreement.

2. We--------------------------(name of the Bank) hereby guarantee to the buyer due

observance and fulfillment by the buyer of the terms and conditions of the said contract and of the performance and other guarantees which are a part of the said agreement and agree and undertake that if the buyer fails to observe and fulfill the terms of the said agreement and/or above mentioned guarantees, then the Bank shall immediately pay to the owner on demand such sum or sums of money to the extent of Rs................. (Rupees ............... only) for allocated quantity of the Certified Seeds by the seller on account of losses and damages as may be claimed by the buyer by reason of such non observance and non fulfillment by the seller as aforesaid and shall also indemnify the buyer against all losses and damages which may be suffered by as aforesaid and against all costs, charges, expenses which may be incurred by the buyer in connection herewith not exceeding Rs.____________________.

3. We------------------------(Name of the Bank with complete address) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the buyer stating that the amount claimed is due by way of loss or damage caused or would to be caused to or suffered by the buyer by reason of breach by the said seller of any of the terms or conditions and the specific guarantees contained in the said Agreement or by reason of the seller failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.____________________.

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4. We-------------------------(name of the Bank) undertake to pay to the buyer money so

demanded notwithstanding any dispute or disputes raised by the said seller in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liability

for payment there under and the seller shall have no claim against us for making such payment.

5. This guarantee shall be in addition to and not in substitution of any other guarantee or

security to be furnished to the buyer by the seller in respect of the said agreement. 6. We---------------------(name of the Bank) further agree that the guarantee herein

contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the owner under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till Chairman and Managing Director, of the buyer certifies that the terms and conditions and the specific guarantees of the said Agreement have been fully and properly carried out by the said seller and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing or on before the ---------------------------we shall be discharged from all liability under this guarantee thereafter.

7. We,--------------------------(name of the Bank) further agree with the buyer that the buyer

shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said seller from time to time or to postpone for any time or from time to time any of the powers exercisable by the buyer against the said seller and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said buyer or for any forbearance, act or omission on the part of the buyer or any indulgence by the seller to the said buyer or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision have effect of so relieving us.

8. This guarantee will not be discharged due to the change in the constitution of the Bank

or the buyer or the said buyer. 9. We----------------------------- (name of the Bank) lastly undertake not to revoke this

guarantee during its currency except with the previous consent of the buyer in writing. 10. Bank hereby declares that it has the power to issue guarantee and the undersigned have

full power to do so.

Notwithstanding anything stated above, our liability under this guarantee is restricted to Rs………………………………. and this guarantee shall expire on--------------.

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Unless a written demand or claim under this guarantee is filed against us within three months from the date of expiry of this guarantee, all the rights of the buyer under this guarantee shall be forfeited and we shall be relieved and discharged from all the liabilities hereunder. Dated the------------------------day of --------------------- ----------------------------------------------- (signature of a person duly authorized to sign on behalf of the Bank -----------------------------------------

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