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  • GLOBAL INVITATION

    NIT NO : PNMM/PC54/E/001

    FOR

    BROWNFIELD GAS-BASED 2500 MTPD AMMONIA & 3850 MTPD UREA FERTILIZER PROJECT

    FOR

    GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LIMITED (GNFC)

    AT

    GNFCS EXISTING COMPLEX AT BHARUCH, GUJARAT INDIA

    PREPARED & ISSUED BY

    PROJECTS & DEVELOPMENT INDIA LTD.

    (A Govt. of India Enterprise) PDIL BHAWAN, A-14, Sector-1,

    NOIDA U.P. (India)

    March, 2013

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    LETTER INVITING BID

    BROWNFIELD AMMONIA-UREA PROJECT

    GNFC, BHARUCH

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    LETTER INVITING BID

    All rights reserved

    LETTER INVITING BID

    REF NO. PNMM/PC54/E/001 Dated: 9th March, 2013 SUBJECT: BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFCS

    EXISTING COMPLEX IN BHARUCH. (NIT NO : PNMM/PC54/E/001) Dear Sir(s), 1.0 Gujarat Narmada Valley Fertilizers & Chemicals Limited (GNFC) hereinafter also referred to

    as OWNER has the pleasure of inviting eligible bidders to submit Bid, on Lump-Sum Turn Key (LSTK) basis for 2500 MTPD Ammonia and 3850 MTPD Urea Plant and Associated Offsite & Utilities Facilities, for selection of LSTK CONTRACTOR for performing WORK to install reliable, energy efficient Ammonia and Urea Plant along with Associated Offsite & Utilities Facilities as per Technical Specifications, Commercial Conditions and details laid down in this NIT, in Single Phase Two Bid System.

    2.0 BRIEF SCOPE OF WORK:

    Supply of Process License, Basic Design and Detailed Engineering, Procurement, Supply, Fabrication, Inspection by Third Party Inspection Agency (TPI) as applicable by Llyods/BV/TUV, Expediting, Route Survey for ODCs, Insurance, Transportation of all Equipments / Materials to work site including Loading and Un-loading, Storage, Construction and Erection of all civil, mechanical, electrical and instrumentation works, assembly and Installation, Temporary Site facility required for execution of Project, obtaining all necessary statutory approvals from concerned government authorities, as applicable, Testing, Mechanical Completion, Pre-Commissioning, Commissioning, Sustained Load Test Performance Guarantee Test Run Including total Project Management and handing over of Ammonia & Urea Plants of Capacity 2500 MTPD & 3850 MTPD respectively along with Associated Offsite & Utilities Facilities at GNFCs existing complex in Bharuch, duly completed in all respects, on single point responsibility basis.

    3.0 SALIENT FEATURES OF BIDDING DOCUMENT :

    3.1 NIT No. : PNMM/PC54/E/001

    3.2 Site visit (Optional)

    Bidders will directly contact above person for -site visit.

    : To contact Mr.P.G.Dave, GNFC Ltd. PO Narmadanagar, Dist Bharuch. Mob. No.: +91 9898014865 Tel no. :+91 2642 663439 Fax no.:+91 2642 228063

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    LETTER INVITING BID

    All rights reserved

    3.3 Last date of receipt of bidders queries

    : 30th March, 2013

    3.4 Pre Bid conference to be held

    : from 10.00 Hrs. to 17.00 Hrs. (IST) on 9th

    April, 2013 3.5 Earnest Money Deposit (EMD)

    3.5.1 For Indian bidders :Rs 10 Crores

    3.5.2 For Foreign bidders

    : USD 2 Million

    3.6 Time Schedule: Ammonia Plant, Urea Plant and Associated Offsite & Utilities Facilities

    a) Mechanical Completion 31 Months from Effective Date of Contract

    b) Preliminary Acceptance 34 Months from Effective Date of Contract

    3.8 Last Date & Time for Submission of EMD, Pre-qualification Bid and Technical and Unpriced Commercial Bid and Priced Bid

    : 8th June, 2013, 17=30hrs. (IST)

    3.9 Address for Communication with

    PDIL

    Projects & Development India Limited, (Materials Management Department) P.D.I.L Bhawan, A-14, Sector-1, Noida , (India) Fax no.:0120-2529801 Kind Attention: Mr. R.R Kumar Dy.GM(MM) Tel no. :+91-120-2529839 E-mail :[email protected] / [email protected]

    GNFC

    Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392015 Distt. Bharuch Gujarat, India Kind Attention : Mr. P. G Dave, Project Manager Tel no. : +91-2642-663439 E-mail : [email protected]

    3.10

    Bids to be submitted at: Sealed Envelope I (in Original Only), Envelope II (Original + 7 Copies+ Soft copy in CD form) and Envelope III (Original +4 Copies)

    Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392015 Distt. Bharuch Gujarat, India

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    LETTER INVITING BID

    All rights reserved

    Kind Attention : Mr. P. G Dave,

    Project Manager

    Tel no. : +91-2642-663439 E-mail : [email protected]

    4.0 SUBMISSION OF BID 4.1 The Bids shall be submitted in the following manner in separately sealed three envelopes,

    duly super scribed with Project Name and Bid Document No. and as indicated in Clause 21.0, Instructions to Bidders:-

    ENVELOPE-I EARNEST MONEY DEPOSIT AS SPECIFIED IN BID DOCUMENTS

    ENVELOPE-II PRE-QUALIFICATION BID, TECHNICAL AND UNPRICED COMMERCIAL BID

    ENVELOPE-III PRICED BID 4.2 ENVELOPE-I of the bid shall contain the following:

    i) Earnest Money Deposit (EMD) for an amount indicated and in the manner as detailed

    in Instructions to Bidders. Bids without Earnest Money Deposit (EMD) shall be rejected.

    ii) The EMD offered shall be an irrevocable Bank Guarantee, issued by any bank appearing in the list of GNFC approved banks on a stamp paper of Rupees Two Hundred. The Proforma for the same is enclosed as Annexure-1.15. The Bank Guarantee shall be valid, from due date of submission of bid, for a period of Bid Validity plus Six months.

    OR EMD can also be furnished in the form of Demand Draft in favour of M/s Gujarat

    Narmada Valley Fertilizers & Chemicals Limited payable at Bharuch (Gujarat). EMD will not carry any interest.

    4.3 ENVELOPE-II of the bid shall contain the following:

    Bid/offer duly signed and stamped on each page, in two Parts, in hard copy containing all documents/attachments, as per the requirement of Clause No.21.0 of Section-1.0, Part-I, of NIT..

    4.4 ENVELOPE-III of the bid shall contain Schedule of Price duly filled in:

    i) In this part of bid, the bidder shall not stipulate any conditions. There shall not be any overwriting. Any conditions mentioned in Priced Bid shall render the Bid liable for rejection.

    ii) Price shall be submitted in Original plus four copies, duly signed & stamped on each page .

    5.0 Owner reserves the right to assess bidder's capability and capacity to perform the contract

    by taking into account various aspects such as concurrent commitments, responsiveness to bidding documents etc.

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    LETTER INVITING BID

    All rights reserved

    6.0 Owner/PDIL reserves the right to accept/reject any or all Bids without assigning any reason whatsoever.

    8.0 Bids complete in all respects should reach on or before the BID DUE DATE and TIME. Bids

    received through Fax /e-mails shall not be considered. Owner/PDIL takes no responsibility for delay, loss or non-receipt of Bid sent by post/courier.

    9.0 Transfer of Bidding Document is not permissible. 10.0 Bids not received by the due date and time will be rejected and representative of such

    bidders shall not be allowed to attend bid opening. 11.0 Eligible bidders are requested to confirm their intention, within a weeks time from the

    placement of tender at GNFCS website, of submitting the bid on or before the due date mentioned above as per the Acknowledgement Cum Consent letter enclosed in Annexure-1.22.

    Thanking you, For & on behalf of Gujarat Narmada Valley Fertilizers & Chemicals Limited

    Mr. P. G Dave,

    Project Manager

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH MASTER INDEX

    PC54/E-1 P DOCUMENT REV

    SHEET 1 of 3

    SUBJECT : BROWNFIELD GAS-BASED AMMONIA-UREA FERTILIZER PROJECT AT GNFCS

    EXISTING COMPLEX IN BHARUCH. (NIT NO : PNMM/PC54/E/001 DATED------)

    PART-I, COMMERCIAL SECTION DESCRIPTION 1.0 INSTRUCTIONS TO BIDDER 2.0 BID CONDITIONS EXHIBITS EXHIBIT-1 FOR TECHNOLOGY CRITERIA (AMMONIA) EXHIBIT-2 FOR TECHNOLOGY CRITERIA (UREA) EXHIBIT-3 FOR EXPERIENCE CRITERIA EXHIBIT-4 FOR FINANCIAL CRITERIA ANNEXURES ANNEX.-1.1 BID FORM ANNEX.-1.2 PROFORMA FOR PRICE BID (SCHEDULE OF PRICES) ANNEX.-1.3 COMMERCIAL QUESTIONNAIRE ANNEX.-1.4 EXCEPTION/DEVIATION ANNEX.-1.5 DETAILS OF SIMILAR WORKS EXECUTED ANNEX.-1.6 CURRENT COMMITMENTS OF THE BIDDER ANNEX.-1.7 INFORMATION ABOUT BIDDER ANNEX.-1.8 EXECUTION PLAN ANNEX.-1.8A MINIMUM QUALIFICATION & EXP. OF KEY SUPERVISORY

    CONSTRUCTION PERSONNEL ANNEX.-1.8B DEPLOYMENT SCHEDULE OF SUPERVISORY PERSONNEL ANNEX.-1.8C DEPLOYMENT SCHEDULE OF CONSTRUCTION EQUIPMENT ANNEX.-1.8D DETAILS OF EQUIPMENT AND SOFTWARES PROPOSED TO

    BE USED FOR TENDERED WORK ANNEX.-1.9 PROCESS TECHNOLOGY ANNEX.-1.10 FORMAT FOR BIDDERS QUERIES FOR PRE BID DISCUSSION ANNEX.-1.11 DESCRIPTION OF THE PERFORMANCE GUARANTEES ANNEX.-1.12 BIDDERS PROPOSED SCHEDULE ANNEX.-1.13 DECLARATION BY THE BIDDER REGARDING BIDDING

    DOCUMENT ANNEX.-1.14 CONSORTIUM AGREEMENT ANNEX-1.15 PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY

    DEPOSIT (EMD)

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH MASTER INDEX

    PC54/E-1 P DOCUMENT REV

    SHEET 2 of 3

    PART-I, COMMERCIAL

    SECTION DESCRIPTION ANNEX-1.16A PROFORMA OF BANK GUARANTEE FOR PERFORMANCE OF

    CONTRACT ANNEX-1.16B PROFORMA OF BANK GUARANTEE FOR SECURITY BOND

    FOR PERFORMANCE GUARANTEE ANNEX-1.17 PROFORMA OF BANK GUARANTEE FOR ADVANCE

    PAYMENT/ PROGRESS PAYMENT ANNEX-1.18 VOID ANNEX-1.19 FORMAT OF LETTER OF WAIVER OF

    CONDITIONS/DEVIATIONS ANNEX-1.20 LIST OF APPROVED BANKS ANNEX-1.21 CONTENTS OF BID AND CHECK LIST ANNEX-1.22 ACKNOWLEDGEMENT CUM CONSENT LETTER ANNEX-1.23 FORMAT FOR CONSTRUCTION SUB-CONTRACTORS

    APPROVAL- TO BE SUBMITTED BY SUCESSFUL BIDDER

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH MASTER INDEX

    PC54/E-1 P DOCUMENT REV

    SHEET 3 of 3

    PART-II, TECHNICAL

    SECTION DESCRIPTION

    1.0 PROJECT DESCRIPTION

    2.0 RAW MATERIAL AND PRODUCT SPECIFICATION

    3.0 CONTRACTORS SCOPE OF WORK

    4.0 DESIGN BASIS

    5.0 DESIGN PHILOSOPHY

    5.1 DESIGN PHILOSOPHY PROCESS

    5.1.1 DESIGN PHILOSOPHY COOLING TOWER

    5.2 DESIGN PHILOSOPHY MECHANICAL

    5.2.1 DESIGN PHILOSOPHY STATIC EQUIPMENT

    5.2.2 DESIGN PHILOSOPHY ROTATING EQUIPMENT

    5.2.3 DESIGN PHILOSOPHY EOT CRANE

    5.2.4 DESIGN PHILOSOPHY FOR A/C UNIT & PRESSURISATION

    5.2.5 DESIGN PHILOSOPHY PIPING

    5.2.6 DESIGN PHILOSOPHY INSULATION

    5.3 DESIGN PHILOSOPHY ELECTRICAL

    5.4 DESIGN PHILOSOPHY INSTRUMENTATION

    5.5 DESIGN PHILOSOPHY CIVIL & STRUCTURAL WORKS

    5.6 DESIGN PHILOSOPHY MATERIAL HANDLING

    5.7 DESIGN PHILOSOPHY FIRE FIGHTING SYSTEM

    5.8 DESIGN PHILOSOPHY FIRED HEATERS

    5.9 DESIGN PHILOSOPHY INSPECTION PHILOSOPHY

    6.0 CONSTRUCTION/ ERECTION, PRECOMMISSIONING, COMMISSIONING AND START-UP 6.1 STATUTORY REQUIREMENTS

    7.0 PERFORMANCE AND GUARANTEE TEST

    8.0 DRAWINGS & DOCUMENTS

    9.0 SPARE PARTS

    10.0 OWNERS ENGINEERS IN LSTK CONTRACTORS OFFICE

    11.0 TRAINING OF OWNERS PERSONNEL

    12.0 INFORMATION REQUIRED IN THE TECHNICAL PROPOSAL

    13.0 VENDOR LIST

    14.0 SITE WORKING AND SAFETY CONDITIONS

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 1 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    PART I: COMMERCIAL

    SECTION 1.0

    INSTRUCTIONS TO BIDDERS

    BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 2 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    CONTENTS

    SL. NO. DESCRIPTION

    1.0 INTRODUCTION

    2.0 SCOPE OF PROPOSAL

    3.0 BIDDING DOCUMENTS

    4.0 AMENDMENT OF BIDDING DOCUMENTS

    5.0 LANGUAGE OF BID

    6.0 TIME SCHEDULE

    7.0 SIGNATURE OF BIDS

    8.0 PRE-QUALIFICATION CRITERIA

    9.0 PRE-BID MEETING

    10.0 EARNEST MONEY DEPOSIT

    11.0 COST OF BIDS

    12.0 MODIFICATION AND WITHDRAWAL OF BIDS

    13.0 INFORMATION REQUIRED WITH THE BID

    14.0 LOCAL CONDITIONS

    15.0 PRICE BASIS & CURRENCY OF BIDS

    16.0 VOID

    17.0 NUMBER OF BIDS

    18.0 CONFIDENTIALITY OF DOCUMENTS

    19.0 DUTIES AND TAXES

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 3 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    20.0 BIDDING DOCUMENTS AND DEVIATIONS

    21.0 SUBMISSION OF BIDS

    22.0 DEADLINE FOR SUBMISSION OF BIDS

    23.0 OPENING OF BIDS

    24.0 POLICY FOR BID UNDER CONSIDERATION

    25.0 DEPUTATION OF REPRESENTATIVE FOR TECHNICAL & COMMERCIAL DISCUSSIONS

    26.0 EFFECT AND VALIDITY OF BID

    27.0 COMPLETE SCOPE OF SUPPLIES/ WORK

    28.0 EVALUATION AND COMPARISON OF BIDS

    29.0 PRICE VARIATION

    30.0 REBATE

    31.0 CONTACTING OWNER

    32.0 AWARD OF CONTRACT

    33.0 SIGNING OF CONTRACT

    34.0 OWNERS RIGHT TO ACCEPT/ REJECT BIDS

    35.0 CONTRACT SECURITY DEPOSIT BANK GAURANTEE AND PERFORMANCE BANK GUARANTEE

    36.0 GENERAL INSTRUCTIONS

    37.0 OPTIONAL FINANCING MODEL INCLUDING SUPPLIERS CREDIT

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 4 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    1.0 INTRODUCTION

    1.1 Gujarat Narmada Valley Fertilizers & Chemicals Limited (GNFC) hereinafter also referred

    to as OWNER is a joint sector enterprise promoted by the Government of Gujarat and the Gujarat State Fertilizers & Chemicals Limited (GSFC). It is one of the leading Indian companies in the business of manufacturing and selling fertilizers and chemicals and was set up in 1976. GNFC started its manufacturing and marketing operations in 1982 by setting up, then one of the worlds largest Single Stream Ammonia-Urea Fertilizer Complex at Narmadanagar, Bharuch (Gujarat).

    The Company manufactures and distributes nitrogenous and phosphatic fertilizers like Urea, Ammonium Nitro-phosphate (ANP) and Calcium Ammonium Nitrate (CAN) and Chemicals like Ammonia, Weak Nitric Acid, Concentrated Nitric Acid, Methanol, Acetic Acid, Formic Acid, Aniline, Toluene Di-Isocyanate (TDI) and provides various services in the area of Information Technology. The Company continues to trade in imported fertilizers like Urea, Single Super Phosphate (SSP), Water Soluble Fertilizers and Cotton seeds as well as Chemicals like Acetic Acid and Formic Acid etc.

    GNFC is proposing to set up a Brownfield Gas-Based Ammonia-Urea Fertilizer Project at GNFCs existing complex in Bharuch.

    1.1.1 Projects & Development India Ltd. (PDIL) has been retained as Consultant for selection of a suitable LSTK Contractor for execution of the project on a Lump-Sum Turnkey basis with Single point responsibility.

    1.1.2 The present NIT specifies the requirement of selection of LSTK Contractor for supply of Process License, Basic Design and Detailed Engineering, Procurement, Supply, Fabrication, Inspection by Third Party Inspection Agency (TPI) as applicable by Llyods/BV/TUV, Expediting, Route Survey for ODCs, Insurance, Transportation of all Equipments / Materials to work site including Loading and Un-loading, Storage, Construction and Erection of all civil, mechanical, electrical and instrumentation works, assembly and Installation, Temporary Site facility required for execution of Project, obtaining all necessary statutory approvals from concerned government authorities, as applicable, Testing, Mechanical Completion, Pre-Commissioning, Commissioning, Sustained Load Test, Performance Guarantee Test Run Including total Project Management and handing over of Ammonia & Urea Plants of Capacity 2500 MTPD & 3850 MTPD respectively along with Associated Offsite & Utilities Facilities at GNFCs existing complex in Bharuch, duly completed in all respects, on single point responsibility basis.

    1.2 Project Location: The proposed project will be located within the existing fertilizer & chemical complex of

    GNFC at Bharuch in Gujarat. It is located near Chawaj, about 4 km from Bharuch on the National Highway No.8. The site has all the infrastructural facilities like road, railways, raw water availability, effluent discharge facility, ammonia storage, natural gas connectivity etc. Around 30 hectares of land is also available for the project.

    The nearest Railway station is Bharuch in Western Railways on Baroda- Mumbai Route.

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 5 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    1.3 Plant Configuration and Capacity 1.3.1 Ammonia Plant The Ammonia plant will be laid out in single stream having capacity of 2500 MTPD as per

    details specified in Part-II, Section-1.0, Project Description. 1.3.2 Urea Plant The Urea plant will be laid out in single/double stream having capacity of 3850 MTPD as

    per details specified in Part-II, Section-1.0, Project Description. 1.3.3 Associated Offsite & Utilities Facilities The project would essentially consist of Brownfield Ammonia - Urea plant and Associated

    Offsite & Utilities Facilities considering utilization of the existing facilities to the maximum extent possible. Additional provision shall be made as necessary for smooth and reliable operation of the process plants.

    The broad provision of Associated Offsite & Utilities Facilities for the project has been

    presented in Part-II, Section-1.0, Project Description. 1.3.4 The Plant offered should be energy efficient, environment friendly and with lowest capital

    cost. Bidder can bid for Ammonia and Urea plants with capacity +/- 15 % of the above mentioned capacity such that about 200 MTPD excess Ammonia is available if the expected cost is substantially lower with this option. Such optional proposal will be suitably evaluated.

    2.0 SCOPE OF PROPOSAL

    The scope of the proposal shall be on the basis of a Single Point responsibility, completely covering the works specified under the accompanying technical specifications and documents.

    3.0 BIDDING DOCUMENTS

    The bidder is expected to examine the bidding documents, including all instructions, Forms, Annexures, terms and conditions of Contract, specifications, drawings and other documents and to fully familiarize itself with the requirements of the bidding documents. Failure to furnish all the information required by the Bidding Documents or the submission of a bid not substantially responsive to the Bidding Documents in every respect may result in the rejection of the Bid.

    In case of any inconsistency, in the interpretation of meaning of any part of this Tender Documents, the BIDDER shall give his best endeavor to resolve the inconsistency by expressing his assumption through his proposal to OWNER.

    4.0 AMENDMENT OF BIDDING DOCUMENTS

    Bidders shall examine the Bidding documents thoroughly and inform the OWNER of any apparent conflict, discrepancy or error.

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 6 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    At any time prior to the deadline for submission of bids, the OWNER may, for any reason whether at its own initiative or in response to a clarification or modification requested by any prospective Bidder(s), modify the Bidding documents, if required.

    5.0 LANGUAGE OF THE BID

    The bid prepared by the bidders and all correspondence and documents relating to the Bid exchanged by the Bidder and the Company shall be written in the English language and all units shall be in Metric system. Any printed literature furnished by the bidder may be written in another language, provided that this literature is accompanied by an English translation, in which case, for purpose of interpretation of the Bid, the English translation shall govern.

    6.0 TIME SCHEDULE

    6.1 Bidder shall be required to complete the WORK under the CONTRACT so as to achieve the Guaranteed Completion Date in accordance with the following milestones:

    6.2 The basic consideration and essence of the Contract is the strict adherence to the time

    schedules for performing the specified works as stipulated in the Contract.

    7.0 SIGNATURE ON BIDS

    7.1 The Bid must contain the name, designation and place of business of the person or persons making the Bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below the signature

    7.2 Bids by Corporate/ Limited Companies must be signed with the legal name of the Corporation/Limited Company by the President, Managing Director or by the Secretary or any other person or persons holding powers of attorney for signing their Bid.

    7.3 The Bidder shall submit authority letter / Power of Attorney/ Board Resolution in favour of the authorized signatory(s) of the Bid. The Bidder's name stated on the proposal shall be the exact legal name of the Bidder.

    7.4 Bid by a Consortium must be signed by all members of the Consortium. Signature of each member of the Consortium shall be as per Clause 7.1 to 7.3. In case of Consortium, the exact legal names of all the members of the consortium shall be stated and leader of Consortium shall be clearly indicated.

    7.5 Bid shall contain no cuttings, erasures or overwriting except as necessary to correct errors made by the Bidder in which case each such corrections or other changes in the Bid documents shall carry the initials of the person(s) signing the Bid.

    Brownfield Ammonia - Urea plant and Associated Offsite & Utilities Facilities

    Mechanical Completion 31 Months from Effective Date of Contract

    Preliminary Acceptance 34 Months from Effective Date of Contract

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 7 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    7.6 Bids not conforming to the above requirements of signing may be disqualified.

    8.0 PREQUALIFICATION CRITERIA:

    Bidder/s meeting the respective Prequalification criteria, stated hereunder, shall submit their Techno-Commercial bid.

    Bidder/s may bid as:

    Single Bidder subject to meeting the Prequalification Criteria as stated in Clause 8.1

    OR

    Consortium subject to meeting the Prequalification Criteria as stated in Clause 8.2 Evaluation of offers shall be carried out for only those Bidders who shall meet the Prequalification Criteria.

    8.1 PQ Criteria for a Single Bidder

    8.1.1 Technology Criteria The Bidder should be capable of providing Process License and Basic Design Package of

    for a 2500 MTPD Single Stream Ammonia and 3850 MTPD Prilled Urea Plant from reputed Process Licensers as required below. Technology once selected and offered by the Bidder cannot be changed.

    a) For Ammonia:

    1. Haldor Topsoe A/S 2. KBR Kellogg Brown & Root 3. Uhde

    The ammonia technology proposed by Bidder shall have a reference of at least one single stream plant of minimum 1750 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit MoU/ letter of undertaking from process licensor for technology tie up for the proposed project.

    b) For Urea:

    1. Saipem 2. Toyo 3. Stamicarbon

    The Urea technology proposed by Bidder shall have a reference of at least one plant of minimum 2400 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHARUCH

    INSTRUCTIONS TO BIDDERS

    PC54/E-1/P-I/1.0 0

    DOCUMENT NO REV SHEET 8 OF 28

    FORM NO: 02-0000-0021 F2REV2 All rights reserved

    MoU/ letter of undertaking from process licensor for technology tie up for the proposed project

    8.1.2 Experience Criteria The Bidder should be an established LSTK Contractor in the field of Oil, Gas,

    Hydrocarbon or Fertilizer and should possess experience of having successfully completed with - single point responsibility at least one Ammonia Plant of Minimum Capacity of 1350 MTPD within a period of last 15 years on Lump sum Turnkey (LSTK) basis with scope of work comprising of supply of Process License, Basic Design and Detailed Engineering, Procurement, supply, construction and erection of all civil, mechanical, electrical and instrumentation works, Testing, Pre-commissioning, Commissioning and Guarantee Test of completed individual plants. Such fertilizer plant should be in satisfactory operation for at least three years from the date of Acceptance after successful guarantee test. Bidder shall submit documentary proof for the same and a Certificate of successful Guarantee Test issued by the owner will have to be produced by the bidder in support of fulfilling this criteria.

    8.1.2.1 In case the Bidder intends to engage the services of a sub contractor for Detailed

    Engineering for the proposed project then the bidder shall give an undertaking along with the bid that he will engage the services of only reputed detailed engineering consultant having experience of carrying out detailed engineering of similar capacity plants as stated in clause 8.1.2 above. Bidder shall submit the reference list of such plants for which the proposed detailed engineering consultant has carried out detailed engineering.

    8.1.3 Financial Criteria: 8.1.3.1 The Bidder meeting the requirements as per clause 8.1.2 above , must have executed at

    least one such completed contract in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer with minimum contract value of US $ 500 million or INR 28 Billion during last 7 years. Bidder shall submit documentary proof for the same.

    Or

    executed two such contracts each with contract value of minimum US $ 315 million or INR 17 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

    Or

    executed three such contracts each with contract value of minimum US $ 250 million or INR 14 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

    8.1.3.2 The Annual Turnover of the Bidder, meeting the requirements as per Clause 8.1.2, during

    at least one of the last three preceding financial years i.e.2011-12, 2010-2011 and 2009- 2010 or calendar years 2009, 2010 and 2011 should be at least US $ 200 Million or INR 11 Billion. Bidder shall submit documentary proof (e.g. audited balance sheet and P&L account) for the same.

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    8.1.3.3 Net Worth of the Company should be positive for the last three preceding financial years i.e. 2011-12, 2010-2011 and 2009- 2010 or calendar years 2009, 2010 and 2011. Bidder shall submit documentary proof e.g. audited balance sheet, P&L account etc. for the same.

    8.1.3.4 The Bidder will submit Solvency certificate not more than six months old, from their

    Banker for a value not less than US $ 220 million or INR 12 Billion. 8.2. PQ Criteria for a Consortium with Joint and Several Responsibilities: 8.2.1 The total number of consortium members including their leader shall not exceed three. 8.2.2 Technology Criteria

    At least one of the consortium members should be capable of providing Process License and Basic Design Package for a 2500 MTPD Single Stream Ammonia and/or 3850 MTPD Prilled Urea Plant as detailed below. Technology once selected and offered by the Bidder cannot be changed.

    The ammonia technology proposed by Bidder shall have a reference of at least one single stream plant of minimum 1750 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit MoU/ letter of Undertaking from process licensor for technology tie up for the proposed project. a) For Ammonia:

    1. Haldor Topsoe A/S 2. KBR Kellogg Brown & Root 3. Uhde

    The Urea technology proposed by Bidder shall have a reference of at least one plant of minimum 2400 MTPD capacity which is operating successfully for last 3 years. Bidder shall submit documentary proof for the same. Bidder shall, along with the bid, also submit MoU/ letter of Undertaking from process licensor for technology tie up for the proposed project b) For Urea:

    1. Saipem 2. Toyo 3. Stamicarbon

    8.2.3 Experience Criteria (Consortium) The lead consortium member should be at least an established LSTK Contractor in the

    field of Oil, Gas, Hydrocarbon or Fertilizer. However, the consortium members among themselves should possess experience of having successfully completed on Lumpsum Turnkey (LSTK) basis with a single point responsibility one Ammonia Plant of Minimum Capacity of 1350 MTPD and one Urea Plant of Minimum Capacity of 1700 MTPD with scope of work comprising of supply of Process License, Basic Design and Detailed

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    Engineering, Procurement, supply, construction and erection of all civil, mechanical, electrical and instrumentation works, Testing, Pre-commissioning, Commissioning and Guarantee Test of completed individual plants within a period of last 15 years. These plants should be in satisfactory operation for at least three years from the date of Acceptance after successful guarantee test. A Certificate of successful Guarantee Test issued by the owner will have to be produced by the Bidder in support of fulfilling this criteria.

    8.2.3.1 In case the consortium intends to engage the services of a sub contractor for Detailed

    Engineering for the Proposed project then the consortium shall give an undertaking along with the bid that it will engage the services of only reputed detailed engineering consultant having experience of carrying out detailed engineering of similar capacity plants as stated in Clause 8.2.3 above. Bidder shall submit the reference list of such plants for which the proposed detailed engineering consultant has carried out detailed engineering.

    8.2.4 Financial Criteria (Consortium):

    8.2.4.1 The Lead Bidder of the Consortium, meeting the requirements as per Clause 8.2.3 above, must have executed at least one such completed contract in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer with minimum contract value of US $ 500 million or INR 28 Billion during last 7 years. Bidder shall submit documentary proof for the same.

    Or

    executed two such contracts each with contract value of minimum US $ 315 million or INR 17 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

    Or

    executed three such contracts each with contract value of minimum US $ 250 million or INR 14 Billion, in any of the fields of Oil, Gas, Hydrocarbon or Fertilizer during last 7 years. Bidder shall submit documentary proof for the same.

    8.2.4.2 The Annual Turnover for Lead Bidder of the consortium, meeting requirement as per

    Clause 8.2.3, in a single financial year shall be equal to or more than US $ 150 million or INR 8 Billion and each member of consortium shall be equal to or more than US$ 65 million or INR 4 Billion during at least one of the last three preceding financial years i.e. 2011-12, 2010-2011 and 2009- 2010 or calendar years 2009, 2010 and 2011. The Lead / Consortium members shall submit documentary proof for the same.

    8.2.4.3 Net Worth of the lead consortium member should be positive for the last three preceding

    financial years 2011-12, 2010-2011 and 2009-2010 or calendar years 2009, 2010 and 2011. Net Worth of other consortium members should be positive for last preceding financial year 2011-12 or calendar year 2011. Bidder shall submit documentary proof e.g. audited balance sheet, P&L account etc. for the same.

    8.2.4.4 All the Consortium members will submit solvency certificate not more than six months old,

    from their bankers whose value collectively shall not be less than US$ 220 million or INR 12 Billion.

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    8.2.5 Consortium leader & distribution of work

    The Lead Bidder of the Consortium shall be directly responsible for managing the critical activities of the Project.

    The identification of the Leader Bidder of the Consortium and the distribution of work amongst the consortium members will be clearly indicated and set forth in the Bid.

    All the members of the Consortium shall be liable jointly and severally for the performance of the contract and discharge of the contractors obligations and liabilities under the Contract and a Notorially Authenticated Declaration to this effect shall be included in the bid and a similar statement shall be specifically included in the Form of contract (in case the bid is successful), which shall also be signed by the consortium members in confirmation.

    The leader of the Consortium shall be authorized to incur liabilities and receive instructions for and on behalf of any and all member(s) of the consortium. Notwithstanding anything contrary in the Consortium Agreement, the leader of the Consortium shall have coordination responsibility for execution of the contract and will have to carry single point responsibility of the submitted bid and implementation of the project. The leader of consortium shall submit undertaking signed by all the consortium members to this effect in Bid.

    9.0 PRE-BID MEETING

    9.1 The bidder may submit any queries/clarification/information pertaining to bidding documents in writing delivered by hand or by Fax or by E-mail as per Annexure-1.10 enclosed in the bidding documents so as to reach PDIL not later than the date specified in the Letter Inviting Bid. Queries/ Clarifications/ Information sought in any other manner shall not be responded to.

    9.2 The bidder or his authorised representative(s), is advised to attend a pre-bid meeting as indicated in the Letter Inviting Bid. The purpose of the meeting will be to clarify issues and to answer questions on any matter pertaining to the Tender conditions that may be raised at that stage by Bidders.

    9.3 The Owners responses to Bidders queries/clarifications raised will be furnished as expeditiously as possible. Any modification of the Bidding Documents which may become necessary as a result of the pre-bid meeting/conference shall be sent to all bidders through the issue of an Addendum/Amendment/Corrigendum.

    10.0 EARNEST MONEY DEPOSIT (EMD)

    10.1 The Bidder shall furnish as part of his Bid, EMD in the form of a Bank guarantee issued by banks listed at ANNEXURE-1.20.

    10.1.1 The EMD offered shall be an irrevocable Bank Guarantee, issued by any bank appearing in the list of GNFC approved banks,(Annexure-1.20), on a stamp paper of Rupees Two Hundred. Proforma of the Bank guarantee is enclosed as Annexure-1.15.

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    10.1.2 The Bank Guarantee shall be valid, from due date of submission of bid, for a period of Bid Validity plus six months. The amount shall be as indicated in the Letter Inviting Bid for this NIT. The Bank Guarantee shall be extended suitably if there is a delay in awarding the contract. The relevant extension shall be on Bidders account.

    Or

    EMD can also be furnished in the form of Demand Draft in favour of M/s Gujarat Narmada Valley Fertilizers & Chemicals Limited payable at Bharuch (Gujarat) for value as outlined in the Letter Inviting Bid for this NIT. EMD will not carry any interest.

    10.2 Any Bid not accompanied with EMD shall be rejected by the Owner/Consultant as non-responsive.

    10.3 The EMD of unsuccessful Bidders will be returned by OWNER to the unsuccessful Bidders as promptly as possible on acceptance of Bid of the successful Bidder or when the Bidding process is cancelled by OWNER, whichever is later. Where EMD has been paid by demand draft, the refund thereof shall be in the form of demand draft without any interest, in the currency in which EMD was submitted, in favour of the unsuccessful Bidder(s). Bidders may indicate the name and address in whose favour the said demand draft shall be drawn by the OWNER for refund failing which it shall be drawn in the name of the Bidder and shall be mailed to the address given on the Transmittal Letter.

    10.4 The successful Bidder's EMD will be discharged upon the Bidder accepting and signing the Contract and furnishing the Bank Guarantee for Performance of CONTRACT.

    10.5 The EMD shall be forfeited and appropriated by OWNER as mutually agreed loss and damage payable to OWNER for, inter alia, time, cost and effort of OWNER in regard to the NIT without prejudice to any other right or remedy to OWNER under the following conditions:

    a) If a Bidder withdraws his Bid during the validity or agreed extension validity period duly agreed by the bidder

    b) If the bid is varied or modified in a manner not acceptable to the Owner during the validity or agreed extension validity period duly agreed by the bidder

    c) Any effort by the bidder to influence the Owner on bid evaluation, bid comparison or contract award decision.

    d) In the case of a successful Bidder, if the Bidder fails to sign the Contract in accordance with Signing of Contract.

    OR

    If the successful bidder is seeking modifications to the agreed terms and conditions after issue of Letter of Intent (LOI) and prior to signing of the Contract.

    OR

    If the successful bidder fail to furnish performance guarantee within 30 days of receipt of the Contract.

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    e) In case of violation of PQ Criteria, as per Clause 8.0

    11.0 COST OF BIDS

    The Bidder shall bear all costs associated with the preparation and submission of the Bid. In any case, OWNER will be not responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

    12.0 MODIFICATION AND WITHDRAWAL OF BIDS

    12.1 The Bidder may modify or withdraw its Bid after the Bids submission, but before the last date and time of Bid submission as specified in this NIT provided that written notice of the modification or withdrawal is received by OWNER prior to the deadline prescribed for submission of Bids.

    12.2 In case any clarifications are sought by the Owner after opening of tenders, then the replies of the bidder should be restricted to the clarification sought. Any bidder who modifies his bid (including a modification which has the effect of altering the value of his offer) after opening of Techno-contractual bids without specific reference by the Owner shall render the bid liable to be rejected without notice and without further reference to the Bidder.

    12.3 No bid may be withdrawn in the interval between the deadline for the submission of bids and the expiration during the validity or agreed extension validity period duly agreed by the bidder. Withdrawal or unsolicited modification of a bid during this interval shall result in the Bidders forfeiture of its EMD.

    13.0 INFORMATION REQUIRED WITH THE BID

    13.1 All technical information shall be furnished as per Part-II. In addition, the bidder shall ensure that Technical and Unpriced Commercial Bid has been submitted as per clause 21.2.2

    13.2 Any bid not containing sufficient descriptive material to describe accurately the process details, functioning of various sections of the Plants, equipment proposed and other necessary details may be treated as incomplete and hence rejected. Such descriptive material and drawings submitted by the Bidder will be retained by the Owner. Any major deviation from these drawings and descriptive material submitted will not be permitted during the execution of the Contract without specific written permission of the Owner.

    13.3 Standard catalogue pages and other documents of the Bidder may be used in the bid to provide additional information and data as deemed necessary by the bidder.

    13.4 Requirement of Manpower for Operation of Plant

    13.4.1 Bidder shall furnish tentative manpower requirement with break up for operation of plant during commissioning, trial runs and guarantee tests.

    13.4.2 Bidder shall also furnish a tentative break up of manpower requirement for the normal operation and maintenance of the plant as per best operation & maintenance practice.

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    14.0 LOCAL CONDITIONS

    14.1 It will be imperative on each Bidder to fully inform himself of all local conditions and factors which may have any effect on the execution of the works covered under these specifications and documents. Bidder shall inspect the site, examine and obtain at its cost and responsibility, all information required and satisfy himself regarding all matters and things such as access to site, communications, transport, right of way, the type and number of equipment and facilities required for the work, availability of local labour, materials and their rates, local working conditions, weather, flood levels, sub-soil conditions, natural drainage, and all information that may be necessary for preparing its Bid, performance of work and other obligations and related matters. By submitting the Bid the Bidder shall be deemed to have acknowledged and agreed that ignorance of the site and other said conditions shall not be basis for any claim for compensation or extension of time or loss of profits etc. and the OWNER shall not be liable on account thereof in any manner whatsoever to the Bidder or any person claiming through or under the Bidder.

    14.2 Bidders must before submission of their Bids, acquaint themselves with all applicable regulatory and other legal requirements pertaining to insurance and health, safety and environment requirement in INDIA and rules related to work permit and visa requirements in INDIA or in any way or manner affecting the performance of Scope of Work, the Contractor and the Plant operation and performance including social security, safety, pollution control, permits, licenses, and the other statutory requirements and regulations. The submission of a Bid by the Bidder will be construed as evidence that such an examination was made and the Bidder shall not raise at any time later any claims/disputes against the OWNER and the OWNER shall not be liable for the same in any manner whatsoever.

    14.3 In their own interest, the foreign bidders are particularly requested to familiarize themselves with the Income Tax Act 1938, the Companies Act, 1956, the Customs Act, 1962, including any amendments thereof and other related acts and laws prevalent in India.

    14.4 The Owner shall not entertain any request for clarification from the bidder, regarding such local conditions.

    14.5 The Bidder shall be deemed to have prepared the Bid on the basis of its independent judgment and to have made all necessary allowances and provisions to ensure that the PLANT will meet all technical specification prescribed hereunder including the specified performance requirements and guarantees and be entirely suitable for the purpose for which it is intended. Accordingly, at the time of submission the Bid Price will, without extra price and/or extension of time, be held to include everything implicitly or otherwise required or necessary for the proper and timely completion of the WORK including ACCEPTANCE OF PLANT in accordance with the CONTRACT. Further , in case of any contract awarded under these specifications and documents, neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by the Owner, which are based on the lack of such clear information or its effect on the cost of the works to the Bidder.

    14.6 Visit to site is optional and at BIDDERs cost and expense.

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    15.0 PRICE BASIS & CURRENCY OF BIDS

    15.1 Bidder expecting to incur a portion of its expenditure in more than one currency and wishing to be paid accordingly shall so indicate in the Bid. In such cases the Bid shall be expressed in different currencies (maximum 3 currencies USD,Euro,INR) and the respective amounts in each currency together shall makeup the Bid Price.

    15.2 LSTK price to be quoted by the LSTK contractor shall be fixed and firm and shall be valid until completion of the Contract to be executed with the successful Bidder pursuant hereto and shall not be subject to variation/escalation on any account except as otherwise specifically provided in the Contract documents.

    15.3 Site is located in Bharuch (Gujarat), India and LSTK bidder is required to check & confirm before bidding for applicability of taxes & duties for the procurement of supply and service by them for the execution of contract.

    15.4 The firm CONTRACT Prices quoted by the Bidder shall be inclusive of complete scope of the contract. The Bidders shall quote in their proposals in Envelope-III the firm Lump Sum price for the entire scope of work as per Schedule of Prices, (Refer Annexure-1.2), inclusive of all taxes, duties, levies etc. as applicable.

    15.5 Rates for the Supply of Optional Services (Refer Annexure-1.2, Part-IV, Section-A), Daily/Hourly rates for change of Work Order (Refer Annexure-1.2, Part-V, Section-A ) and Rates for the Optional items (Refer Annexure-1.2, Section-D) shall also be submitted in the Price Bid Envelope-III.

    15.5.1 Rates as mentioned in Clause 15.5 shall not be considered for evaluation purpose.

    15.5.2 Rates quoted for Vendor recommended spare parts in Part-I of Section-A, Section-B and Section-C of Annexure-1.2 shall not be considered for evaluation purpose

    15.6 All bank charges of bidders bankers shall be to the Bidders account and all Bank charges of Owner's bankers shall be to Owners account.

    15.7 Income Tax, or any other tax and surcharge as applicable shall be deducted at source from the bills of the contractor and a certificate to that effect shall be issued by the Owner.

    16.0 VOID

    17.0 NUMBER OF BIDS

    17.1 A bidder shall on no account submit more than one bid either directly or indirectly.

    17.2 A bidder shall be deemed to have submitted an indirect bid if a subsidiary of the bidder is also a direct or indirect bidder in an independent bid or if the bidder or its subsidiary has with its consent been indicated as a sub-contractor in any other bid or even if not so indicated has entered into any arrangement (whether disclosed or undisclosed) with any other bidder or with a sub-contractor of that bidder for the performance of any work for that other bidder upon an award of the work to that other bidder.

    17.3 If a bidder makes more than one bid and/or directly or indirectly participates in another bid as contemplated under 17.2 above, all the bids of the bidder, including the bid of the

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    bidder in whose bid the first named bidder has directly or indirectly participated, may be considered as cartel bids and may be rejected. If the factum of such bid(s) is discovered after the notification of award, the resultant contract shall be liable to be terminated pursuant to the provisions for termination contained in the Bid conditions.

    18.0 CONFIDENTIALITY OF DOCUMENTS

    Bidders shall treat the bidding documents and contents therein as strictly confidential. If at any time, during the bid preparation period, Bidder decides to decline to bid, all documents must be immediately returned to OWNER.

    19.0 VOID

    20.0 BIDDING DOCUMENTS AND DEVIATIONS

    20.1 Bidders shall confirm compliance to Bidding Documents as per Annexure-1.19

    20.2 It is expected that bidders will submit bids based strictly on the terms and conditions and specifications contained in the bidding documents and will not stipulate any deviations. Should it, however, become unavoidable, deviations should be separately and specifically stipulated only in the prescribed Annexure-1.4. OWNER reserves the right to reject as non-responsive any bid containing major deviation(s).

    20.3 It is important that Bidder clearly demonstrates his experience and capability, giving OWNER a high level of confidence that if awarded, the Bidder will be able to perform the works within the stipulated Time Schedule and quoted price and meeting all other requirements listed in the Bidding document.

    20.4 Bidder is requested to furnish the complete and correct information required for evaluation of his Bid. If the information with regard to resources and concurrent commitments or any other information/documentation forming basis of evaluation is found incomplete/incorrect, the same may be considered as adequate ground for rejection of the Bid.

    20.5 VENDOR list is furnished by OWNER along with BID. Any deviation from this list is to be submitted by Bidder with items to be procured from VENDOR who is not listed in vendor list. Prequalification criteria shall be adopted for the vendors which are not in the agreed Vendor list as per Clause 10.12.2 in Section-2.0 of PART-I: Commercial.

    21.0 SUBMISSION OF BIDS

    21.1 The Bidder is expected to examine all instructions, forms, terms and conditions in the NIT. The NIT together with all its attachments thereto, shall be considered to be read, understood and accepted by the Bidders, save and except deviations, if any, specifically stated in seriatim by the Bidder. Failure to furnish all information required or submission of a Bid not responsive to the NIT in every respect will be at the Bidders risk and may result in the rejection of the Bid.

    21.2 The Bidder must submit the bids in three parts each in separate sealed cover prominently superscribed as Envelope I, II, III and also indicating on each of the envelope the bid number and date of opening. These three envelopes shall contain the details of the bid in the following manners:

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    Each part and each envelope will be separately sealed and marked.

    Note: * PREQUALIFICATION BID(PQ Bid) shall mean documents submitted in PartI of the Envelope-II of BID in response to Clause 8.0 i.e Pre Qualification Criteria. ** The Unpriced Copy of Priced Bid contained in Section-IV of Unpriced Commercial Bid shall be a photocopy of the Priced bid with the prices blanked out, duly signed and stamped and strictly as per Annexure 1.2 The Bidder shall indicate Quoted/Not Applicable/Nil against each head, in UNPRICED Commercial Bid.

    ***The Priced Bid shall also indicate total prices in figures as well as in words. In case of difference, the amount mentioned in words shall be considered. The prices should be strictly quoted as specified in Annexure-1.2 otherwise the Bid may be rejected. Wherever unit rate and total rate is indicated, in case of any difference in total, the unit rate will govern. The priced Bid containing any comments, remarks, conditions deviations etc, which is not indicated in the UNPRICED Commercial Bid, is liable to be rejected.

    21.2.1 ENVELOPE-I of the bid shall contain the following:

    Earnest Money Deposit (EMD) for an amount indicated and in the manner as detailed in Clause no 10.0. Bids without Earnest Money Deposit (EMD) may be rejected.

    The venue for submission of Envelope I shall be as detailed in Clause 21.3 below.

    21.2.2 ENVELOPE-II shall contain Pre-qualification Bid and Technical and Unpriced Commercial Bid in two Parts, as specified below.

    The venue for submission of Envelope II shall be as detailed in Clause 21.3 below.

    PART-I :

    Pre-Qualification Bid: (Refer Clause 8.0)

    ENVELOPE-I EARNEST MONEY DEPOSIT AS SPECIFIED IN BID DOCUMENTS

    ENVELOPE-II PRE-QUALIFICATION BID*, TECHNICAL AND UNPRICED COMMERCIAL BID **

    ENVELOPE-III PRICED BID * **

    i) Letter of submission and synopsis of the proposal

    ii) Organization Profile covering (a) Name & address of the organization with telephone, fax, e.mail nos. with contact persons (b) history & structure of the organizations with names of directors & chief executives (c) name & addresses of the commercial banks providing total amount of credit lines & solvency certificate from bankers.

    iii) Copy of Article of Association of the Company or Board Resolution mentioning Chairman/ Chief Executive Officer / Managing Director of the Company.

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    PART-II. Technical-Unpriced Commercial Bid

    iv) A copy of MOU/ letter of undertaking by the Process Licenser(s) to the Bidder stating clearly that the Process Licenser(s) will provide the respective Process License and Basic Design to the Bidder in case they are successful for award of the contract for the said Project

    v) A copy of MOU between the Detailed Engineering Consultant (in case the Bidder themselves are not the detailed designer) and Bidder that they will carry out the assignment on award of the work order on the Bidder. A reference list of such plants for which the proposed detailed engineering consultant has carried out detailed engineering shall also be furnished.

    vi) Bidder qualification Criteria in favour of Technology Criteria (Ammonia) as per Exhibit-1 along with Copies of Work Orders, Performance data sheets of operating plants under reference and completion certificates in support of prequalification requirement.

    vii) Bidder qualification Criteria in favour of Technology Criteria (Urea) as per Exhibit-2 along with Copies of Work Orders, Performance data sheets of operating plants under reference and completion certificates in support of prequalification requirement.

    viii) Bidder qualification Criteria in favour of Experience Criteria as per Exhibit-3 along with Copies of Work Orders, Performance data sheets of operating plants under reference and completion certificates in support of prequalification requirement.

    ix) Bidder qualification Criteria in favour of Financial criteria as per Exhibit-4 along with Annual audited Report for the last three financial years. This shall be a verifiable statement of annual accounts certified by a Chartered Accountant or Public Accountant in the form of printed annual reports or similar document.

    x) Solvency Certificate from Bidders bankers. Date of issue of this certificate should not be more than six months older than the due date of opening of Techno-commercial part.

    SECTION-I: i) Letter of submission & Synopsis of the proposal.

    ii) Photocopy of EMD/Earnest Money Deposit (EMD) as submitted in Envelope-I

    iii) Bid Form as per Annexure-1.1

    iv) Commercial Questionnaire as per Annexure-1.3

    v) Details of past experience, as per Annexure-1.5

    vi) Details of concurrent commitments as per Annexure-1.6

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    vii) Information of Bidder as per Annexure-1.7.

    viii) Power of Attorney of Bid Signatory from the competent authority

    ix) Consortium Agreement as per Annexure-1.14

    SECTION-II: i) Detailed execution philosophy of work as per Annexure-1.8, 1.8A,1.8B,1.8C,1.8D

    ii) Description of Process technology as per Annexure-1.9

    iii) Description of the Performance Guarantees as per Annexure-1.11

    iv) Bidders Proposed Schedule as per Annexure-1.12

    v) Declaration by the Bidder Regarding Bidding Document as per Annexure-1.13

    SECTION-III i) VOID

    ii) Format of Letter of Waiver of Conditions/Deviations as per Annexure-1.19

    SECTION-IV: i) Blank copy of Schedule of Lumpsum Prices indicating Quoted/Not Applicable against each head and duly stamped & signed on each page, strictly as per as per Annexure-1.2, failing which bid may be rejected.

    SECTION-V: i) Technical Details/ documents specified under Technical Information Required along with Bid.

    SECTION-VI: i) Exceptions/Deviations

    The OWNER wishes to receive fully compliant bids. Exception/Deviations may only be made in relation to requirements of OWNER, which the BIDDER feels unable to comply with under any circumstances or at any price. If the BIDDER wishes to make any exception/deviations, this must be done by listing the full details of each exception/deviation in Annexure-1.4. Unless an entry appears in the list of exception/deviations in Annexure-1.4, OWNER will assume and consider that BIDDER has no exceptions or deviations to the Tender Documents

    Schedule of Deviations (if any) to the commercial and Technical bid documents, shall be submitted separately, as per Annexure-1.4. Also, Technical deviations must be given separately for each discipline.

    Note: A soft copy of Annexure-1.4, in editable form, shall also be submitted by the Bidder.

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    For convenience, the Bid shall be compiled in the form of Specific Sections conforming to the above. In case of non-submission of above documents or submission of incomplete documents, the OWNER reserves the right not to evaluate such offers further and not to enter into correspondence in this regard after opening the Techno-commercial / Unpriced Bid.

    21.2.3 ENVELOPE-III

    21.2.3.1 Envelope-III (Priced Bid) shall consist of in the following manner:

    (i) Preamble to Price Bid.

    (ii) Priced Bid, duly filled in and completed in all respects, as per Annexure 1.2 given in the Bidding Documents.

    21.2.3.2 PRICED BID (1 original + 4 copies) shall be submitted in a separate sealed envelope (ENVELOPE-III) duly signed and stamped on each page super scribing on the sealed envelope Price Bid Do not Open with Techno- Commercial Un-Priced Bid. This part shall not contain any condition whatsoever failing which the Bids shall be liable to be rejected. In case of any correction, the bidder shall put its signature and its stamp. Eraser fluid will not be allowed for making any correction. The venue for submission of Envelope III shall be as detailed in Clause 21.3 below.

    SECTION-VII: i) Vendor List prepared by Bidder for items not covered in OWNERs Vendor List.

    SECTION-VIII: i)

    ii)

    iii)

    Bidder shall furnish complete manpower requirement with break up for operation of plant during commissioning, trial runs and guarantee tests.

    Bidder shall also furnish a complete break up of manpower requirement for the normal operation of the plant as per best operation practice.

    Bidder shall submit Estimated required Quantity of Construction Power and Water.

    SECTION-IX i) Any other information required in the Bidding Documents or considered relevant by the Bidder

    SECTION-X: i) Contents of Bid and Check List as per Annexure-1.21

    SECTION-XI: i) One set, only, of Tender Documents Part-I (Commercial) & Part-II (Technical) along with subsequent addendums if any, duly signed and stamped on each page in original as a token of its acceptance.

    SECTION-XII: Optional

    Financing Model Including Suppliers credit

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    21.2.3.3 Prices must be strictly filled in format for Schedule of Prices (Annexure-1.2) enclosed as part of bidding document. If quoted in separate typed sheets and any variation in description, unit is noticed, the bid is liable to be rejected. In any case Bidder shall be presumed to have quoted against the description of work and the same shall be binding on the Bidder.

    21.3 Bid Submission:

    The Bidder's bid and the documents attached thereto shall be considered as forming a part of the Bid Documents. All bids shall be prepared by typing or printing with indelible black ink. The original and duplicate copies must be specified clearly on the cover of each volume.

    The Bids shall be superscribed BROWNFIELD AMMONIA-UREA PROJECT, GNFC, GUJARAT, NIT No.: PNMM/PC54/E/001, Due date and time and submitted strictly as per the following instructions:

    Sealed Envelope I (in Original Only), Envelope II (Original +7 Copies+ Soft copy in CD form)and III (Original +4 Copies) shall be submitted only at:

    Gujarat Narmada Valley Fertilizers & Chemicals Limited, P.O. Narmadanagar-392015 Distt. Bharuch Gujarat, India

    Kind Attention : Mr. P. G Dave, Project Manager

    Tel no. : +91-2642-663439

    E-mail : [email protected]

    The outside of the envelope should also indicate clearly the name of the Bidder and his address. In addition, the left hand corner of the envelope or container should indicate the Bidders Offer number. The envelopes without above details on the covers shall be opened at Bidder's risk.

    22.0 DEADLINE FOR SUBMISSION OF BIDS:

    22.1 Bids must reach the OWNER/PDIL at the address, specified under Clause-21 above, not later than the time and date as specified in the Letter inviting Bid, Sl. No. 3.8

    22.2 Any bid received after the deadline specified in the NIT or as extended shall be liable to be rejected.

    23.0 VOID

    24.0 POLICY FOR BID UNDER CONSIDERATION

    Bids shall be deemed to be "Under Consideration" immediately after they are opened and until such time that the official intimation of award / rejection is made by the Owner to the Bidders. While the bids are under consideration, bidders and/or their representatives or

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    other interested parties are advised to refrain from contacting by any means, the Owner and/or his employees / representatives on matters related to the bids under consideration.

    The Owner, if necessary will obtain clarifications on the bids by requesting for such information from any or all the Bidders, either in writing or through personnel contact as may be necessary. The Bidder will not be permitted to change the substance of the bid after the bid had been opened.

    25.0 DEPUTATION OF REPRESENTATIVE FOR TECHNICAL & COMMERCIAL DISCUSSIONS

    After opening of the Bids, to assist in the examination, evaluation and comparison of Bids, OWNER may, at its discretion, ask the Bidder for clarification on its Bid. The request for such clarification and the response shall be in writing either through fax or email.

    Further OWNER may ask BIDDER to visit OWNER's/PDILs office for technical, commercial or financial clarifications.

    BIDDER is expected to undertake such visits and participate in such meetings as and when called by the OWNER. All costs related to such visits shall be borne by BIDDER.

    If required, Owner reserves the right to seek Revised Price Bid / the price implications (if any) to the extent and in areas required for evaluation only of such bidder(s) whose technical and unpriced commercial proposals are acceptable and complete. Owners decision in this regard shall be final and binding on the bidders.

    26.0 EFFECT AND VALIDITY OF BID

    26.1 The submission of any bid connected with these documents and specifications shall constitute an agreement that the Bidder shall have no cause of action or claim against the Owner for rejection of his bid. The Owner shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the Owner.

    26.2 The bids should be kept valid for acceptance for a period of 9 (Nine) Months from the deadline for submission of bid. A Bid valid for shorter period may be rejected by the Owner as being non-responsive.

    Under the exceptional circumstances, prior to expiry of the original Bid validity period, the Owner may request the Bidder for a specified extension in the period of validity. The request and the responses thereto shall be made in writing or by telefax or by E-mail.

    26.3 In the event of OWNER seeking extension of period of validity of the Priced Bids, the validity of EMD shall also be suitably extended.

    26.4 A Bidder agreeing to the request of OWNER seeking extension will not be required nor permitted to modify his bid, and will be required to extend the validity of his EMD correspondingly. However, Bidders request for revision/adjustment of Priced Bid under such circumstances may be considered by the OWNER. The provisions of Clause-10.0 regarding discharge and forfeiture of EMD shall continue to apply during the extended period of Bid Validity.

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    27.0 COMPLETE SCOPE OF SUPPLIES/WORK

    27.1 The complete scope of supplies and work/services has been defined in the bidding documents. Only those bidders who take complete responsibility and who bid for the complete scope of supplies and work/services as contained in the bidding document shall be considered for further evaluation.

    27.2 If the contractor is required to engage a sub-contractor for any part of work, then such sub-contractors shall have prior proven experience of similar work and shall require specific approval by OWNER.

    Following the notification of Letter of Intent, the CONTRACTOR will submit to the OWNER for approval the details of Sub-Contractors in line with requirement of Annexure - 1.23

    The list of construction Sub-Contractors proposed in the Bids by the Bidders shall be considered as indicative only.

    27.3 If a proposed sub-contractor has been approved by the OWNER, the CONTRACTOR shall not replace such approved sub-contractor with another sub-contractor without obtaining the OWNERs prior approval for the proposed replacement.

    27.4 The Bidder shall along with the bid furnish its Project Execution Plan, as per Annexure 1.8, 1.8A, 1.8B, 1.8C, 1.8D which shall be evaluated for technical acceptability of the Bids.

    27.4.1 Bidder shall submit a commitment from its Chief Executive that the Project Progress Schedule shall be monitored by its Board and all actions required to arrest the failure/delays shall be initiated by them at the appropriate time. Such action plan document shall be sent by the CONTRACTORs home office to OWNER/ PDIL

    27.4.2 Bidder shall ensure that the Project Execution Plan submitted by it are adequate for completing the work in all respects. All details as mentioned above shall be submitted along with Bid in the first instance.

    27.4.3 Project Execution Plan shall be evaluated by the OWNER/ PDIL and in case the same is not found adequate for this work, such Bid(s) shall be treated Technically Not Acceptable and such Bid(s) shall not be considered for price opening.

    28.0 EVALUATION AND COMPARISON OF BIDS

    28.1 General

    28.1.1 The OWNER wishes to finalise the award of work of the facilities covered under this bidding documents within a limited time schedule. OWNER expects bidders to confirm compliance to tender terms, conditions & Specifications, which shall stand frozen after Pre-Bid Conference, failing which the bids are liable to be rejected. Hence the bidders in their own interest are advised to submit their bids complete in all respects conforming to all terms and conditions of the bid document.

    28.1.2 Bids shall be evaluated based on the information / documents available in the bid. Hence bidders are advised to ensure that they submit appropriate and relevant supporting documentation along with their proposal in the first instance itself. Bids not complying to

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    the requirements of bid documents are liable to be rejected. Bidders are advised to fill up all Annexures carefully and provide reference to all relevant documents given in their bid offer.

    28.1.3 Bidders shall quote their prices / rates in firm figures and without any qualifications. Each figure stated shall also be repeated in words and in the event of a discrepancy between the amount stated in figures and words, the rates quoted in words shall be deemed to be the correct amount. Bids containing qualifying expressions such as subject to minimum acceptance or subject to prior sale etc. will not be considered.

    28.1.4 Impact of Performance & Productivity of Ammonia-Urea Plant.

    The performance and productivity of the PLANTS offered would be considered while evaluating the prices. The Raw Material & Utility requirement of the PROJECT shall be the main factor considered for evaluation. The operating cost would be calculated for a minimum of 330 stream days per year. Expected annual production capacity would be based on provenness/ reliability of the process and equipment as assessed by the OWNER on the basis of data/ information furnished by the Bidders on operating plants using similar process and equipment. If so desired by the OWNER, Bidder would organise a visit of OWNER's Technical Personnel to such operating plants to verify the claims made by the Bidders.

    28.1.5 The Owners evaluation shall also take into account the following:

    a) The availability of spare parts and components within India.

    b) The availability of after sales services.

    c) Willingness of Bidders to give shop drawings of spare parts and main equipments.

    28.2 The financial comparison shall be based on NPV arrived at using the following:

    28.2.1 Lumpsum Price

    Lumpsum Price along with, taxes, stamp duties, license fees, and other such levies applicable, of Ammonia - Urea plant and Associated Offsite & Utilities Facilities, comprising the Price of Supply and the Price of Services, as indicated by the bidder as per Annexure 1.2. The evaluated CONTRACT PRICE will be discounted, as per the billing schedule submitted by the Bidder for the implementation period.

    The Bidder shall furnish, month-wise payment schedule of its CONTRACT PRICE for 34 months project schedule in Foreign Currency (FC) and Indian Currency (IC) in a tabular form and as a cash flow curve. The month-wise phasing of expenditure indicated by Bidder will be used for evaluation and form part of the CONTRACT for capping the monthly payment on cumulative basis subject to actual progress of work.

    CONTRACTOR shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies applicable, on performance of WORK under CONTRACT, outside OWNERs country. CONTRACTOR shall also be responsible for payment of all taxes, duties and levies such as custom duty, excise duty, sales tax, turnover tax, service tax, income tax, etc. as applicable on performance of WORK under CONTRACT, in India. All such taxes, stamp duties, licence fees, and other such levies applicable shall be quoted in

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    Price of Ammonia - Urea plant and Associated Offsite & Utilities Facilities, comprising the Price of Supply and the Price of Services, as indicated by the bidder as per Annexure 1.2.

    28.2.2 Loading toward Works Cost for Ammonia - Urea plant and Associated Offsite & Utilities Facilities

    Calculation of Works Cost of Ammonia - Urea plant and Associated Offsite & Utilities Facilities shall be done as defined in Part-II, Section-7, Performance and Guarantee Test. Bidder shall furnish the Guaranteed Consumption Figures of Raw Material and Utilities as specified therein.

    The differential Works Cost (in comparison to bidder quoting the lowest Works Cost) considering 330 stream days per year will be calculated and will be discounted, for a period of 15 years.

    28.2.3 Set off on account of Taxes and duties

    Bids shall be evaluated after considering the applicable set off on account of VAT only.

    28.2.4 Set off on account of Suppliers Credit

    Bids shall be evaluated after considering the option of Financing Model Including Suppliers credit submitted by the Bidder.

    28.3 To facilitate evaluation and comparison of prices, the OWNER will convert all bid prices expressed in Foreign Currency into Indian Rupees at rate of the concerned Foreign Currency, available on RBI website, on the date of opening of Price Bids.

    28.4 Deleted

    28.5 Bids shall be evaluated considering Project Import Status is available for the project i.e. full exemption from basic customs duty for import of all supplies for expansion or setting up of fertilizer projects.

    28.6 It is mandatory for the bidder to indicate QUOTED/Not applicable/Nil in the unpriced schedule. If the Bidder fails to quote for any item in the Price bid, it will be implied that such item is either included elsewhere in the quoted prices or Not Applicable/Nil as per Owners decision depending upon the item.

    28.7 Prices quoted for Supply of Optional Services as per Annexure-1.2, Part-A, Section-IV and Schedule of Daily/Hourly rates for change of Work Order as per Annexure-1.2, Part-A, Section-V shall not be considered for Bid Evaluation purpose.

    29.0 PRICE VARIATION

    The Bidder shall quote firm prices/ rates in the Schedule of Prices (Annexure-1.2). Firm prices/rates shall not be subject to any escalation on any account till final acceptance of the plant except as otherwise specifically provided in the NIT/ Contract documents. Bids with variable prices may be disqualified.

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    30.0 REBATE

    30.1 No suo-moto reduction in price(s) by bidders is permissible after opening of the price bid. If any Bidder unilaterally reduces the price(s) quoted by him in his bid after opening of price bids, such reduction shall not be considered for comparison of prices but shall be binding on the Bidder if he happens to be selected for award of work.

    31.0 AWARD OF CONTRACT

    32.1 The CONTRACT will be awarded subject to the terms and conditions of this NIT to the competitive lowest evaluated Bidder submitting responsive bid, which is technically acceptable to the OWNER, in conformity with the requirements of this NIT and the Bidder is to the OWNERs satisfaction competent to undertake the Scope of Work. The OWNER shall be the sole judge in behalf of the matters aforesaid. A responsive Bid is one which fulfills all requirements under NIT and accepts all terms and conditions of these specifications and documents without any modifications. A modification is one which affects in any way the prices, quality, quantity or completion period of the Work or which limits in any way the responsibilities or liabilities of the Bidder or any rights of the OWNER as required in these specifications. The decision of OWNER is final in this regard.

    32.2 After selection, a Letter of Intent (LOI) shall be released by the OWNER to the selected Bidder. Letter of Acceptance (LOA) by the Bidder must be submitted within 7 days. No delay shall be permitted and in the event Bidders LOA is not received by stipulated date, the OWNER may, unless the OWNER consents to extension of time for submission of LOA, appropriate the EMD of such Bidder as mutually agreed genuine pre-estimated loss and damage suffered by the OWNER on account failure of the Bidder to accept LOI. The LOA shall be subject to acceptance by the OWNER.

    32.3 After acceptance of the LOA by the OWNER, the Bidder shall enter into the CONTRACT with the OWNER.

    33.0 SIGNING OF CONTRACT

    33.1 OWNER and successful bidder will finalize the CONTRACT. Both the OWNER and the CONTRACTOR shall initial the agreed CONTRACT. This CONTRACT shall be subject to the approvals by the Board of Directors of GNFC, Government of India if required and any variations suggested by the Board / Government of India shall be incorporated in the CONTRACT subsequently which shall be binding on CONTRACTOR and OWNER.

    33.2 The OWNER shall communicate the variations, if any, as suggested by the Board / Government of India to the CONTRACTOR and incorporate the same in the CONTRACT. Thereafter a contract agreement shall be finalized between the OWNER and the BIDDER and signed within 30 days of acceptance by the BIDDER..

    34.0 OWNERS RIGHT TO ACCEPT/REJECT BIDS

    34.1 The OWNER reserves the right to accept or reject any bid and to annul the bidding process and reject all bids at any time prior to award of Contract without thereby incurring any liability to the affected bidder(s) or any obligation to inform the affected bidder(s) of the ground of OWNERs action.

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    34.2 It is observed that many bidders indulge in trading in contracts by entering into undisclosed back-to-back arrangements for the whole or a substantial portion of a CONTRACTORs obligations under the contract. Consequently, if a bidder proposes to enter into any such arrangements upon a successful award of work or has in place any such arrangement which will become operative upon the award of work, the bidder must make a complete disclosure of such arrangement or proposed arrangement in its proposal, and all provisions applicable to sub-contractor(s) in terms of bidding documents shall apply to such arrangements.

    34.3 If the existence of such an undisclosed arrangement is reasonably apprehended by the OWNER in the case of a bidder, the OWNER may reject such bidders bid as not responsive.

    34.4 If such an undisclosed arrangement is discovered after the award of work, such arrangement(s) shall be deemed to constitute an assignment of contract and a ground of termination pursuant to the provisions of termination under the Bid conditions.

    35.0 CONTRACT SECURITY DEPOSIT BANK GUARANTEE and PERFORMANCE BANK GUARANTEE

    35.1 As a Guarantee for Contract Security and faithful Performance, Workmanship, Defects

    and Deficiencies a successful Bidder, to whom the work is awarded, shall be required to furnish two separate Bank Guarantees, as per the forms attached in Annexure- 1.16A and 1.16B and briefed hereunder:

    35.1.1 Confirmed Irrevocable Security Deposit Bank Guarantee (valid upto Acceptance):

    Within 30 DAYS after receipt of CONTRACT by CONTRACTOR, the CONTRACTOR shall furnish to the OWNER the Security Deposit Bank Guarantee equal to ten per cent (10%) of the TOTAL CONTRACT PRICE. The Validity of this Bank Guarantee shall be till date of Acceptance of Plant by OWNER plus claim period of three months.

    35.1.2 Confirmed Irrevocable Performance Bank Guarantee (valid from Acceptance to

    Defect Liability Period) . At least two months prior to the expiry of Security Deposit Bank Guarantee, the CONTRACTOR shall furnish to the OWNER, the Performance Bank Guarantee equal to five per cent (5%) of the TOTAL CONTRACT PRICE. The Validity of this Bank Guarantee shall be till Defects Liability period plus claim period of three months. The period of defects liability shall be 12 months from the date of Acceptance of Plant by OWNER.

    35.2 Failure of the successful Bidder to comply with the requirement of Clause 35.1.1 hereof shall constitute sufficient grounds for the annulment of the award in which event OWNER may call for fresh Bids, without prejudice to its rights and remedies as set forth in this NIT or otherwise in law. Similarly, failure of the successful Bidder to comply with the requirement of Clause 35.1.2 hereof shall constitute sufficient grounds to recover the Security Deposit Bank Guarantee amount, without prejudice to its rights and remedies as set forth in this NIT or otherwise in law.

    35.3 The proceeds of Contract Security Deposit Bank Guarantee / Performance Bank Guarantee shall be appropriated by the OWNER as compensation for any loss resulting from the CONTRACTOR'S failure to complete his obligations under the CONTRACT without prejudice to any of the rights or remedies the purchaser may be entitled to as per Terms and Conditions of CONTRACT.

  • BROWNFIELD AMMONIA-UREA PROJECT GNFC, BHA