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N F L, Nangal unit, Instrument Department, GDCC
GDCC- 1
Nangal Unit: Naya Nangal
(Instrument Department)
General Directions and Conditions of Contract
1.00 DEFINITIONS
1.01 OWNER or NFL shall mean National Fertilizers Limited, having their Registered
Office at Scope Complex, Core-III, 7-Institutional Area, Lodhi Road, New Delhi
– 110 003 and its Corporate Office at Scope A-11, Sector-24, NOIDA (UP)
(hereinafter called the ‘Company’), which expression where the context so
admits shall include their legal representatives, successors and assignees or
legal representatives.
1.02 CHIEF GENERAL MANAGER shall mean the officer in administrative charge of
the National Fertilizers Ltd., Nangal Unit, Naya Nangal (Punjab).
1.02.1 The ACCEPTING AUTHORITY shall mean Chief General Manager.
1.03 CONTRACTOR shall mean tenderer whose tender has been accepted and
shall include his legal representatives, successor and permitted assignees.
1.04 CONTRACT shall mean and include the LOI order/formal agreement/contract
tender accepted schedule of rate, Notice Inviting Tender, Technical
specification and General Directions and Conditions of contract, special
condition of contract, special specifications, if any and tender for all these
documents taken together shall be deemed to form one contract and shall be
complimentary to one and other.
1.05 COMMENCEMENT OF WORK shall mean the date on which letter of intent has
been issued by NFL or any other date which shall be agreed upon mutually
between the NFL and the contractor in writing and as specified in the contract.
1.06 SINGULAR/PLURAL words carrying singular number shall also include plural
and vice versa where the context requires.
1.07 INVITATION OF TENDER shall mean and include the present document
together with such supplement and addendum, which may be issued by thereto
later.
1.08 “WORKS” shall mean the works to be executed in accordance with the contract
or parts thereof as the case may be and shall include all extra or additional,
altered or substituted works or temporary and urgent works as required for the
performance of the contract.
1.09 SITE shall mean the site of NFL’s Factory Premises, Offices, and Township etc.
on which the works are to be carried out and service is to be performed under
the contract.
1.10 COMPLETION TIME shall mean the period or date specified in the tender
documents/ LOI/ Work order/ Time Schedule prepared subsequently in
consultation with Engineer-in-charge of handing over the completed works to
NFL.
1.11 DEFECT LIABILITY PERIOD/ PERIOD OF MAINTENANCE shall mean the
specified period of maintenance from the date of completion of work as certified
by the Engineer-in- In charge.
1.12.1 SCHEDULE OF QUANTITIES shall mean the list of job items with quantities
mentioned against each item for the execution of which tender is being called
for and shall become part of “works” against the Contract.
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1.12.2 SCHEDULE OF RATES shall mean the tender rates of contractor in respect of
which the tender has been accepted.
1.13 COMPLETION CERTIFICATE shall mean the certificate issued by the
Engineer-in-charge when the works have been completed.
1.14.1 SPECIFICATIONS shall mean the specification of materials and works issued
under the authority of the Engineer or as specified, added or modified by
special specification if any.
1.14.2 DRAWINGS shall mean the P & I drawing, the equipment drawing, Instrument
hookup drawing, electrical wiring diagrams, instrument vendor drawing, any
other engineering drawing and tracing or print thereof enclosed / annexed to or
referenced in the contract and shall include any modifications to drawings and
other approved drawings as may be issued by the engineer from time to time.
1.14.3 WRITING shall include various manuscripts, type written or statements under
the signature or seal of National Fertilizers Ltd., provided to the contractor,
permitted subcontractor or the accredited representative as the case may be or
vice versa.
1.15 The CONTRACT VALUE shall mean in the case of item Rate Contracts, the
cost of works arrived at after extension of quantities shown in the Schedule of
Quantities by the item rates quoted by the tenderer for the various items.
1.16 TENDERER shall mean the person or the firm or company or any other legal
entity, who has submitted the tender in response to the tender notice and shall
include his legal representatives, successors and permitted assigns.
1.17.1 TEST shall mean & include all such tests as calibration of instrument, pressure
testing, loop testing etc OR test to be carried out by the contractor are
prescribed in the contract / engineering specification / job specification or
considered necessary by NFL or his representative to ascertain quality,
workmanship, performance & efficiency of the contract or part thereof.
1.17.2 REPAIR shall mean setting right a damaged machine / equipment / instrument
/ connecting pipes & tubes components at site with the help of fitting hand tool,
welding & heating as the case may be.
1.17.3 ERECTION shall mean installation of an instrument / instrument item / cables/
complete instrument system with proper support structure, associated tubing /
piping / cabling & wiring as per instrument manufacturer’s guidelines, drawings
including necessary modification as per engineer’s instructions to suit site
conditions.
1.18 “ENGINEER-IN-CHARGE” shall mean the Engineer Officer (Instrument)
appointed by the NFL or his duly authorized representative(s) who shall direct,
supervise and be in-charge of the works for the purpose of this contract.
1.19 “MARKET RATE” shall be the rate as decided by the Engineer-in-charge, on
the basis of the cost of materials and labour at the site where the work is to be
executed, plus 10% to cover all overhead and profit.
1.20 “URGENT WORKS” shall mean any urgent measures, which in the opinion of
the Engineer-in-charge become necessary during the progress of the work to
obviate any risk of accident or failure or which become necessary for security.
1.21 “WORKS” shall mean the works to be executed in accordance with the contract
or parts thereof as the case may be and shall include all extra or additional,
altered or substituted works or temporary and urgent works as required for the
performance of the contract.
1.22 PERIOD OF CONTRACT includes extended period contract and liability period.
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1.23 A “DAY” shall mean a day of 24 hours from midnight to midnight irrespective of
the number of hours worked in that day.
1.24 A “WEEK” shall mean seven days without regard to the number of hours
worked in any day in that week.
2.0 INSTRUCTIONS TO TENDERERS
2.1 Incomplete tenders/tender without earnest money and tenders received after the
closing date are liable to be out rightly rejected.
2.2 Each tenderer must satisfy himself of the conditions under which the
services/contract to be undertaken and should fully acquaint himself with the
form & nature of the sites, the quantities and nature of works, the material
necessary for completion of work, the means of access to site, obtain all
necessary information as to the risks, contingencies and other circumstances
which may influence or effect this tender, all existing conditions limitations and
official regulations. No extra charges consequent on any misunderstanding or
other wise shall be allowed. Failure to comply with the above requirement will
not relieve a tenderer of his obligation in the event of his tender being accepted.
Tenderer shall give specific reason for rejections of such of the requirements as
may not be acceptable. Unless otherwise specifically stated in the tender, it will
be assumed that the terms and conditions specified in the ‘Invitation to Tender’
is accepted by the tenderer without reservation.
2.2.1 SUFFICIENCY OF TENDER
The tenderer shall be deemed to have satisfied himself before tendering as to
the correctness and sufficiency of his tender for the works and of the rates and
prices quoted in the schedule of quantities and shall, except as otherwise
specifically provided, cover all his obligations under the contract and all matters
and things necessary for the proper completion and maintenance of the works.
2.3 The tenderer shall quote in English both in figures as well as in words the rates
and amounts tendered by him, on the form of schedule of quantities forming part
of the tender documents. The amount for each item shall be worked out and
entered and requisite totals be given for all items. The tenderer shall duly sign
the tendered amount for the work entered in the tender.
If there are differences found between the rates given by the contractor in words
and figures or in the amount worked out by him in the schedule of quantities and
the general summary, these shall be adjusted in accordance with the following
rules:
a) In case of duplicity of any item in the schedule of quantities, the lowest
quoted rate of the contractor for such items will be operated in the
contract.
b) When there is a difference between the rates in figures and words, the
rate, which corresponds to the amount worked out by the tenderer, shall
be taken as correct.
c) When the rate quoted by the tenderer in figures and words tallies but the
amount worked out is incorrect, the rate quoted by the tenderer shall be
taken as correct.
d) In the event of any error occurring in the amount column of schedule of
quantities as a result of wrong extension of unit rate and quantity, the
unit rate shall be regarded as firm and extension shall be amended on
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the basis of the rate.
e) All errors in totaling in the amount column and in carrying forward total
shall be corrected.
f) The total of various sections of schedule of quantities as amended shall
be carried over to the general summary and the tendered sum amended
accordingly. The tendered sum so altered shall, for the purpose of the
tender, be substituted for the sum originally tendered and considered for
acceptance. Any rounding off in the schedule of quantities or in general
summary, by the tenderer, shall be ignored.
2.3.1 The tenderer shall set their quotations in the firm figures and without
qualifications or variations or additions in the terms of that tender document.
Tenders containing qualifying expressions such as “Subject to minimum
acceptance” or “subject to prior sale” or any other qualifying expressions or
incorporating terms and conditions at variance with terms and conditions
incorporated in the tender documents shall be liable to be rejected.
2.4 The contractor as a token of acceptance of NIT terms and conditions shall sign
all pages of NIT and annexures.
2.5 Tenders containing erasures and alternations of the tender documents are liable
to be rejected. Any corrections made by tenderer in his/their entries must be
authenticated by him/them. The tenderer shall authenticate all pages of the
tender document.
2.6 Rates quoted shall be inclusive of all taxes, duties if any, unless specified to the
contrary in the tender documents, payments of taxes is primarily the
responsibility of the contractor and will not be payable by NFL. The rate be
quoted shall be firm throughout the period of contract & the contractor will not be
entitled to any increase in rates on account of revision in minimum wages
announced by the Govt. or due to increase in any other expenses.
2.7 If the tenderer withdraw the tender before the expiry of validity period or the
tenderer whose tender is accepted by the NFL, fails to undertake the work as
per the terms of contract, the earnest money deposited by the tenderer will be
forfeited without prejudice to other measures.
2.8 The tenderer may please note that tenders are valid for 120 days from the date
of opening and if the work order is placed during the above period the tenderer
will be bound by the terms, conditions and rates quoted by him in his tender
through out the period of execution of the contract including extended period.
If the tenderer withdraws or revokes the tender or revises the terms and
condition of the tender including tender rates, all or any item, with in a period of
aforesaid 120 days his earnest money shall be forfeited besides other remedy
available to NFL.
2.9 In case of any discrepancy between the description of specifications, and for
other tender documents, the decision of NFL in writing shall be final, binding and
conclusive for the purpose of this contract.
2.10 The tenderer shall quote his/their rates with reference to each item and must
tender for all the items shown in the schedule of quantities.
2.11 DECLARATION OF TENDERERS RELATIONS WITH NFL EMPLOYEES:
Should a tenderer have a relation or in the case of a firm, one or more of its
partners a relation or relations employed in NFL or in case of company any of its
official or relations employed in NFL, the authority inviting tenders shall be
informed of the fact at the time of submission of the tender. If so, the name,
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designation, department and E.No. of such employees be indicated failing which
NFL may in its sole discretion reject the tender or rescind the contract. If any ex-
employee(s) of NFL is/are employed with the tenderer, name, designation,
department and E.No. of such employee(s) be indicated and if any ex-
employee(s) of NFL is/are employed, after acceptance of tender, the said
particulars shall also be intimated immediately in writing to NFL from time to
time.
2.12 The tenderer shall not be entitled to claim any cost, charges, expenses or
incidentals for the preparation and submission of this tender even if the
Management may decide to withdraw the “Invitation to Tender”.
2.13 The terms “as described”, “as shown”, “as directed”, “as approved”, “as
completed”, “as mentioned” in the description of items shall mean as directed in
design or drawings and as directed by Engineer (Instrument).
2.14 Chief General Manager reserves the right to accept in his sole and unfettered
discretion any of the tenders or part thereof or to reject any or all of the tenders
or split and award work between more than one tenderer without assigning any
reasons whatsoever. He also does not bind himself to accept the lowest tender.
2.15 The award of work will be in accordance with the provisions of LOI, Work Order,
Agreement, NIT, special terms and conditions of the contract, instructions to
tenderers, General Directions and conditions of contract.
Notification for award of Contract/ LOI shall be made by letter/ fax to successful
bidder.
The contractor, in turn, on receipt of notification shall give his acceptance of LOI
by fax followed by original letter through post/ courier.
2.16 The following documents forming the contract are to be taken as mutually
explanatory of one another and in case of discrepancy the following order of
preference shall be observed:-
(i) Agreement
(ii) Work Order
(iii) Letter of intent
(iv) NIT
a) Technical scope of work
b) Engineering Specification
c) Special terms and conditions etc.
d) GDCC
2.16.1 ADDENDA to the tender documents may be issued prior to the date of opening
of tenders to clarify documents or to reflect modifications in the design or
contract terms.
Such addendum (s) issued shall be distributed in duplicate to each tenderer to
whom a set of tender documents has been issued. Each recipient will retain one
copy of such addendum(s) for submission along with his tender and return one
signed copy to the authority inviting tenders as acknowledgement of receipt of
the addendum (s). All such addendum(s) issued shall form part of tender
documents.
2.17 The contractor shall quote single rate against each item and not multiple rates.
Any tender with multiple rates quoted will be summarily rejected.
2.18 Variations: No variation of the clauses of this contract shall be valid unless
made in writing and duly signed by both the parties. The NFL shall not in
absence of its specified written acceptance, be bound by any provisions in the
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tenderer’s offer, forms of acknowledgement of contract & other documents
which supports to this contract.
2.19 The successful tenderer cannot change the status of his concern after
submitting his tender without prior approval of NFL in writing.
2.20 Submission of Tenders:
1. No oral, telephonic, fax or telegraphic tenders or modification thereof will
be entertained.
2. Tenders should be submitted along with duly filled in ‘Bid form’ as given
in the GDCC.
3. The tender will be divided in three parts:
a) Earnest money.
b) Technical and commercial bid
c) Price bid
The above three parts shall be put separately into three envelopes as follows
and all the three envelopes should be super scribed with (i) Name of Work (ii)
Tender No., dated, (iii) Date of Opening of Tender (iv) Name and complete
address of the tenderer and all the said three envelopes should be submitted in
one sealed cover by the tenderer super scribing above stated (i) to (iv)
particulars.
I. 1st sealed envelope will contain Earnest Money of amount
specified in NIT in the form of DD/ Banker’s cheque in favour of
NFL Nangal UNIT, Payable at Nangal/ Naya Nangal. This
envelope should be inscribed “EARNEST MONEY”.
II. Second sealed envelope inscribed “TECHNICAL AND
COMMERCIAL BID” containing the following documents:
a) Signed copies of complete tender documents, including
proforma for schedule of quantities WITHOUT prices as
enclosed. Tenderer should sign each copy of these documents
in token of acceptance of our terms and conditions
III. Third sealed envelope inscribed, “PRICE BID – DO NOT OPEN” IN
RED. This envelope should contain the ‘schedule of quantities &
rates’/ ‘price bid’ with prices given in respective columns against
each item, as enclosed herein, duly completed and signed &
stamped on each page by the tenderer.
a) The price bid should be submitted in duplicate, clearly
inscribing the name of the tenderer.
b) THE PRICE BID SHOULD NOT CONTAIN ANY
COMMERCIAL AND TECHNICAL CONDITIONS/TERMS.
SUCH TERMS AND CONDITIONS, IF ANY, SHOULD BE
MENTIONED IN TECHNICAL AND COMMERCIAL BID
ONLY.
2.21 Not more than one tender shall be submitted by a contractor or by a firm of
contractors. If they do so, all such tenders shall be liable to be rejected.
2.21.1 The tenderer shall certify that none of their group/ sister concern/ partnership
firm are participating in this tender. They will also submit an undertaking that in
case of concealment of any facts, if detected later on the bidder along with
group/ sister concern/ partnership firm participated in this tender NFL reserves
its right to take action as per clause 8.10 of GDCC.
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2.21.2 Tender documents shall remain the property of NFL and if obtained by one
intending tenderer shall not be utilized by another without the written consent of
NFL.
2.22 The tender shall contain the name and style, residence(s) and place(s) of
business of the tenderer making the tender and shall be signed by the tenderer
with his usual signature. If the tenderer is sole proprietorship concern, he should
submit affidavit to the effect. When the tender submitted is not in the name of an
individual i.e. the tenderer is not a sole proprietorship concern, the tenderer shall
disclose the nature, constitution and registration of the tendering firm along with
appropriate supporting notarized documents and shall be signed by person(s)
duly authorized by the firm by means of legal documents/power of attorney and
duly notarized copy of the same shall be attached with the tender. For
illustration, in the event of a tender being submitted by a partnership firm, it shall
furnish the full name of all the partners in the tender and shall annex a notarized
copy of the partnership deed to the tender. The tender must be signed and
stamped in the partnership name by all the partners or by a person holding a
power of attorney duly authorized to do so and such power of attorney or copy
thereof duly attested by Notary Public shall be produced with the tender, it must
disclose whether the firm is a unregistered or a registered concern of the
tenderer. In case it is a registered firm in that case notarized copy of original
registration certificate of respective registrar/or certified copy of registration by
the respective registration shall also be annexed to the tender. Tender
submitted by the company/corporation shall be signed in the name of
company/corporation with its stamp/seal by a person duly authorized to do so
and annex a notarized copy of such authorization. The notarized copy of
incorporation of Company and Memorandum and Articles of Association of such
company/corporation shall be annexed to the tender. The alike documents may
also be annexed to the tender by the tenderer in case the tenderer is any other
legal entity.
The person signing the tender shall state his capacity as also the source of his
ability to submit the tender. The power of attorney or authorization duly attested
by any Notary/Magistrate of tender documents constituting adequate proof of
the ability of the signatory to submit the tender shall be annexed to the tender.
The NFL may reject out rightly any tender unsupported by adequate proof of the
signatory’s authority.
2.23 NFL will not be responsible for any idle labour charges caused on account of
stoppage/suspension of work during the course of execution for any
unavoidable circumstances/reasons. The rates quoted shall also not be affected
by any change in the minimum wages payable to the workers, as fixed by the
Competent Authority from time to time.
2.24 The contractor should note that the work may have to be carried out in occupied
areas, in buildings & plants and in all weather conditions except as stated by
NFL, where there will be restrictions in free working of the labour due to
office/plant activities, for which, the contractor has to adjust his labour
accordingly and nothing extra will be paid for the same.
2.25 The contractor may have to carry out the work in running plant under prevailing
conditions, and therefore:
a) They may have to place their materials and equipments etc. at a place safe
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for working as per directions of the Safety Officer/Instrument Engineer In
charge, and nothing extra will be payable for any extra load involved in
executing the works at different locations in Factory, Plants,
Offices/Township.
b) There may be hold ups/interruptions on this account and further contractor
may have to take extra precautions for working in factory plants, for which
nothing extra shall be payable. However, time extension for hold
ups/interruptions may be considered.
2.26 The quoted rates shall be applicable for execution of work at all levels, heights
and depths unless specifically mentioned in particular item of schedule of
quantities.
2.27 The price/rates quoted shall be all inclusive as provided, in respect of the
schedule of quantities, in the conditions of contract and the NFL shall not
entertain any claim for enhancement of the price(s) quoted on any account
whatsoever.
2.28 The contractor is required to quote reasonable rates for individual items strictly
as specified in schedule of quantities. Tender not complying with this stipulation
is liable to rejection. In case in the opinion of NFL, any particular
item/percentage rate is exorbitantly high, NFL reserves the right not to operate
such item(s) under this contract and to get such item(s) executed from any other
contractor and no claim on this account shall be entertained.
2.29 The tender for the works shall not be witnessed by a tenderer or tenderer(s) who
himself/themselves has/have tendered for the same works. Failure to observe
this conditions shall render the tender of the tenderer(s), tendering as well as of
those witnessing the tender, liable for rejection.
2.30 WITNESS: Names, details of occupations (simply stating service/business is
insufficient) and complete addresses of the witnesses shall be stated below their
signatures. Witness shall be a person of status.
2.31 RETIRED NFL EMPLOYEES: No employee of the NFL is allowed to tender for a
period of two years after his retirement from the employment of NFL without the
previous permission of NFL in writing. The contract, if awarded, and the tenderer
is found at any time to be such a person, and has not obtained the permission of
NFL before submission of the tender, NFL reserves its right to cancel the
contract. Any tender by a person aforesaid shall carry thereof on the face of the
tender, and shall be accompanied by a copy of the document by which the
requisite consent is given. Such disqualification shall apply also to every partner
of a partnership firm, Director of company and constituents of any other legal
entity.
2.32 WORKING HOURS: The contractor will adhere to the normal working hours as
observed in the factory area.
Normal working hours in General shift shall be from 8.00 am to 5.00 pm.
Normally three rotating shift duty periods are in practice. Shift A (Morning shift)
from 6 am to 2 pm; Shift B (Evening shift) from 2 pm to 10 pm; Shift C (Night
shift) from 10 pm to 6 am.
2.32.1 i. Contractor’s supervisor, technicians, welder & other staff shall be
available at his site office from 8.00 AM to 5.00 PM on all working days.
ii. However to meet plant exigencies, it will be required to work round the
clock on all days including Sundays and Holidays, as per directions of the
NFL engineer in charge. For this purpose, the contractor shall have a local
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P&T telephone/ mobile phone with him and will mobilize his staff
immediately on receipt of information for attending to the jobs after normal
working hours.
2.33 WORK DURING NIGHT OR SUNDAY AND HOLDAY: Subject to any provisions
to the contrary contained in the contract, none of the permanent works shall be
carried out during night or on Sunday or on authorized holiday without the
permission in writing of Chief Manager (Inst) except when the work is
unavoidable or absolutely necessary for safety of life, property or work in which
case the contractor shall immediately advise the Chief Manager (Inst)
accordingly. However, to make up the progress of work the Chief Manager (Inst)
may allow the contractor in writing to carry out the work even beyond normal
hours or in two or three shifts round the clock at no extra cost and on
Sunday/Holiday, but in that event, NFL shall have right to recover the extra
expenditure so incurred for deployment of the staff beyond the normal hours and
Sundays/Holidays necessitated to make up the progress of work. The
recoverable amount determined by the Chief Manager (Inst) shall be final and
binding on the contractor.
3.00 GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT
3.01 Engineer In charge (Instrument) shall have general supervision and direction
of the works. He has authority to stop the work, whenever such stoppage may
be necessary to ensure the proper execution of the contract. He shall also
have authority to reject all work which do not conform to any of the
specifications, to direct the application of forces to any portion of the work as
in his judgments, is required and order the forces increased or diminished and
to decide questions which arise in the execution of the work.
Engineer In charge (Instrument) reserves the right to suspend the work or part
thereof at any time and no claim whatsoever on this account will be
entertained.
In case of any dispute, the contractor may appeal to the Engineer (Inst) whose
decision shall be final and binding.
3.01.1 The Engineer-in-charge may from time to time in writing delegate to his
representatives any of the powers and authorities vested in the Engineer-in-
charge and shall furnish to the contractor a copy of all such written
delegations of powers and authority. Any written terms of such delegation
shall bind the contractor and NFL as through it had been given by the
Engineer-in-charge.
3.01.2 Duties & powers of Engineer-in-charge’s Representative.
The duties of the representative of the Engineer-in-charge are to watch and
supervise the works and to test and examine any material to be used for
workmanship employed in connection with the works. They shall have no
authority to order any work involving any extra payment by NFL nor to make
any variation in the works.
3.01.3 Failure of the representative of the Engineer-in-charge to reject any work or
materials shall not prejudice to the powers of the Engineer-in-charge
thereafter to reject such work or materials and to order the pulling down,
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removal or breaking up thereof.
3.01.4 If the contractor shall be dissatisfied with any decision of the representative of
the Engineer-in-charge, he shall be entitled to refer the matter to the Engineer-
in-charge who shall thereupon confirm, reserve or vary such decision.
3.02 CORRESPONDENCE: All correspondence should in triplicate and invariably
bear reference to this contract number and date. The contractor shall furnish
to the Chief Manager-Instrument, the name designation and address of his
authorized representative and all complaints, notices, communications and
reference shall be deemed to have been duly given to the contractor if
delivered to contractor or his authorized representative or posted to the
address so given.
3.03 No claim whatsoever shall be entertained on account of failure to supply
electricity and water. The contractor shall give minimum of two week’s notice
in writing to NFL for effecting electric supply at specified point before
commencement of work at site.
3.04 The contractor shall keep on his work during its progress a competent
authorized representative and necessary assistance. The representative shall
represent the contractor in his absence and all direction given to him shall be
binding as if given to the contractor. IN no case the authorized representative
can refuse to receive the instruction. The contractor shall give efficient
supervision to the work, using his best skill and attention.
If the contractor in the course of the work, finds any discrepancy between the
drawing and the physical condition of the locality or any errors or omissions
drawings or in the layout as given by points and instruction, it shall be his duty
to immediately inform the Engineer In charge, Instrument in writing and the
Engineer (Instrument) shall promptly verify the same. Any work done after
such discovery, until authorized will be done at contractor’s risk. Neither party
shall employ or hire any employee of the other party without his consent.
3.05 NFL’S LIEN ON ALL MONEYS DUE:
NFL shall have lien on and overall or any money that may become due and
payable to the contractor under these presents, and or any other contract with
NFL either alone or jointly.
3.06 NFL NOT RESPONSIBLE FOR CONTRACTORS EMPLOYEES:
The contractor may employ such employees as he may think fit, and the
employees so employed shall be the employees of the contractor for all-
purpose whatsoever and shall not be deemed to be in the employment of NFL
for any purpose whatsoever. The contractor shall abide by all rules, laws and
regulations that may be in force from time to time regarding the employment
or conditions of service of the employees. If under any circumstances
whatsoever NFL is held liable or responsible in any manner whatsoever for
the default or omission on the part of the contractor in abiding by aforesaid
rules, laws and regulations or held liable or responsible to the employees of
the contractor in respect of any matter whatsoever, NFL shall be reimbursed
by the contractor for the same as also any other expense or costs incurred by
NFL on any proceedings or litigations, as a result of any claim, demand or act
on the part of contract. NFL shall be entitled to claim damages or
compensation from the contractor in that event.
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3.07 NFL MAY DO PART OF WORK:
Upon failure of the contractor to comply with any instruction given in
accordance with the provision thereof, the NFL shall have the alternative right,
instead of assuming charge of entire work, to place additional labour force,
tool, equipment and materials on such parts of the work, as the company may
designate. In such case, without prejudice to any other mode of recovery, NFL
shall deduct from the amounts, which otherwise might be due to the contractor
whether under this contract or any other contract or otherwise the entire cost
for completing the work plus 25% (twenty five percent) added and should the
amount thereof exceed the amount due to the contractor, the contractor shall
pay the difference to NFL.
3.08 CERTIFICATE AND PAYMENT DO NOT SIGNIFY:
NO periodical certificate or payments made to contractor shall be held to
signify the approval of the works, materials or admission of the due
performance of work or other things to which such certificates, relate and the
contractor shall not be relieved by and such certificate from any risk or
liabilities, to which may subject under the contract until the final certificate
hereafter referred to has been granted to the contractor subject to
warranty/guarantee/defect liability period described.
3.09 FINAL DECISION AND FINAL CERTIFICATE:
Upon the expiration of period of liability and subject to the Engineer in-charge
(Instrument) being satisfied that the works have been duly maintained by the
contractor during such period as herein before/hereinafter provided subject to
warranty/guarantee/defect liability/ maintenance period.
3.10 CONTRACTOR TO INDEMNIFY NFL:
The contractor shall indemnify NFL and every officer and employee of NFL
against all actions, proceedings, claims, demands, costs and expenses
whatsoever arising out of or in connection with matters referred to in relevant
clause and against all actions, proceedings claims, demands, costs and
expenses which may be made against NFL or Govt. for or in respect of,
arising out of any failure by the contractor in the performance of his obligations
under the contract documents.
PAYMENTS OF CLAIMS AND DEMANDS:
Should NFL have to pay any money in respect of such claims or demands the
aforesaid amount so paid and the cost incurred by NFL shall be deducted
from the contractor’s bill or recovered otherwise and contractor shall not be at
liberty to dispute or question the right of the NFL to make such payments not
withstanding the same may have been made without its consent or authority
or in law or otherwise to the contrary.
3.11 All the accidents to contractor staff will be reported to the Instrument Engineer
In-charge/ safety officer promptly. This will, however, not relieve the contractor
of any statutory/other obligations.
3.12 DISPUTE NOT TO HELD UP WORKS:
The successful tenderer shall not stop the work in case of any dispute unless
further progress of work has been rendered impossible due to non-fulfillment
of any reciprocal promise. Unilateral stoppage of work by the contractor shall
be considered as a breach of contract and NFL reserves the right to take such
action as it may deem fit keeping its interest as paramount.
3.13 The heading in these general conditions are solely for the purpose of
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GDCC- 12
facilitating reference and shall not be deemed to be part thereof or be taken
into consideration in the interpretation or consideration in the construction
thereof of the contract. The law shall govern this contract for time being in
force in Republic of India.
3.14 CONTRACTOR TO EXECUTE FORMAL AGREEMENT:
The successful tenderer shall be required to execute formal agreement with
NFL within 15 days on receipt by him the letter of acceptance form NFL in
respect of his offer for carrying out the works according to terms and
conditions of contract. The agreement to be executed will be in the form
prescribed by NFL for the purpose, on a stamp paper of the value of Rs.15/-
(Rupees fifteen only) to be purchased by contractor as specified in the work
order. Until the agreement is executed, no payment will be released to the
contractor.
3.15 OVERPAYMENT AND UNDERPAYMENT:
Whenever any claim for the payment of a sum of money of NFL arising out of
or under the contract against the contractor, the same may be deducted by
NFL from any sum then due or which at any time thereafter may become due
to the contractor under this contract and failing that under any other contract
with NFL or from any other sum due to the contractor from NFL which may be
available with NFL or his security deposit or he shall pay the claim on
demand.
3.16 CONTRACTOR TO VISIT OFFICE:
The contractor or his agent shall attend when required and without making
any charge for doing so, the office of Engineer (Instrument), NFL to receive
the instructions and to deal with matters connected with this contract.
3.17 FORECLOSURE OF CONTRACT IN FULL OR IN PART DUE TO
ABANDONMENT OR REDUCTION IN SCOPE OF WORK:
If at any time after acceptance of the tender, NFL decide to abandon or
reduce the scope of the works for any reason whatsoever and hence not
require the whole or any part of the works to be carried out, the Shift Incharge/
Incharge, Engineer (Instrument) , NFL shall give notice in writing to the effect
to the contractor and the contractor shall have no claim to any payment of
compensation or otherwise whatsoever on account of any profit or advantage
which he might have derived from the execution of the works in full but which
he did not derive in consequence of the foreclosure of the whole of the works.
3.17 The contractor shall be paid at contract rates full amount of the works
executed at site and in addition a reasonable amount as certified by the
Engineer in-charge (Instrument), NFL for the items hereunder mentioned
which could not be utilized on the work to the full extent because of the
foreclosure:
a) Any expenditure incurred on preliminary site work including partly
completed work e.g. temporary access roads, temporary labour huts, staff
quarters and site office, storage, accommodation and water storage
tanks.
b) i) NFL shall have the option to take over contractor’s materials or any part
thereof either brought to site for which contractor is legally bound to
accept delivery from suppliers(for incorporation or incidental to the work)
provided, however, NFL be bound to take over the materials or such
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portion thereof as the contractor does desire to retain. For materials taken
over or to be taken over by NFL, the cost of such materials shall be
reimbursed to the contractor taking into account purchase price, cost of
transportation and deterioration or damage which may have been caused
to the materials while in the custody of the contractor.
ii) For contractor’s materials not retained by NFL reasonable cost of
transporting such materials from site to contractor permanent stores or to
his other works, whichever is less shall be reimbursed to the contractor. If
materials are not transported to either of the said places, no cost of
transportation shall be payable.
c) If any materials supplied by NFL are rendered surplus the same shall be
returned by the contractor to NFL at rates not exceeding those at which
these were originally issued less allowance for any deterioration or
damage which may have been caused whilst the materials were in the
custody of the contractor. In addition, the cost of transportation of such
materials from site to NFL stores, if so required by NFL shall be paid to
the contractor.
d) Reasonable compensation for direct losses incurred by the contractor on
account of disposal of plant and equipment specially brought by the
contractor for use in the work and for any charges that the contractor has
to pay to his suppliers or sub-contractor for cancellation of any order for
supply of materials or cancellation of works by NFL.
e) Reasonable compensation for transfer of T&P from the contractor’s
permanent stores or to his other works, whichever is less, shall be
reimbursed to the contractor. If T&P are not transported to either of the
said places, no cost of transportation shall be payable.
3.18 TIME IS ESSENCE OF CONTRACT:
The time allowed for execution of the work as specified in work order/letter of
acceptance of NFL or the extended time in accordance with these conditions
shall be essence of the contract. The date of the commencement of work shall
be reckoned on the date on which the LOI is issued or written order to
commence the work or the date of handing over the site, whichever is later. If
the contractor commits default in commencing the execution of the work as
aforesaid, the NFL shall, without prejudice to any other right or remedy, be at
liberty to forefeit the earnest money/initial security deposit absolutely beside
other remedies.
3.18.1 As soon as possible after the contract is concluded the Engineer (Instrument)
and the contractor shall agree upon a time and progress chart. The chart shall
be prepared in direct relation to the time stated in the contract documents for
the completion of the items of the work. It shall indicate the anticipated dates
of the commencement and completion of various trades or sections of the
work, after taking into account the anticipated sequence of release of various
work fronts, supply of the working drawings and the materials to be supplied
by NFL. The schedule shall be updated and amended periodically to ensure
the completion of the works by the stipulated date. The contractor shall
complete whole work as per schedule given to him on day-to-day basis.
3.18.2 COMPLETION CERTIFICATE
As soon as the work is completed, the contractor shall give notice in writing of
such completion to the Engineer-in-charge and within ten days of receipt of
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such notice, the Engineer-in-charge shall inspect the work and shall furnish
the contractor with certificate of completion (a) the date of completion (b)
defects to be rectified by the contractor and or (c) items for which payment
shall be made at reduced rates. When separate periods of completion have
been specified for items or group of items, Engineer-in-charge shall issue
separate completion certificate for such item or group of items.
3.18.2.1 No certificate of completion shall be issued nor shall the work be considered
to be completed till the contractor shall have removed from the premises on
which the work has been executed all scaffoldings, sheds and surplus
materials (Except such as are required for rectification of defects), rubbish and
all huts and sanitary arrangements required for his workmen on the site in
connection with the execution of the work.
3.18.2.2 USE OF COMPLETED PORTIONS OF WORK.
NFL shall have the right to take possession of and use any complete or
partially completed portions of the work notwithstanding the time for
completing the entire work for such portions may not have expired but such
taking possession and use shall not be deemed acceptance of any work
completed in accordance with the contract documents.
3.18.2 TIME EXTENSION FOR DELAY
If the work delayed by:
a) force majeure or
b) abnormally bad weather or
c) local combination of workman, strike or lockouts, affecting any of the
trades of
d) delay on the part of the other contractor of the tradesman engaged by
NFL in executing work not forming part of the contract or
e) non-availability of stores, which is the responsibility of the NFL to
supply or
f) non-availability of breakdown of tools and plant to be supplied by NFL
or
g) any other cause which, in absolute discretion of the accepting authority
is beyond the contractor’s control then upon the happening of any such
event causing delay, the contractor shall immediately give notice
thereof in writing to the Chief Manager (Inst) but shall nevertheless
use constantly his best endeavours to prevent or make good the delay
and shall do all that may be reasonably required to the satisfaction of
Chief Manager (Inst) to proceed with the work.
3.18.3 Requests for the extension of time, to be eligible for consideration, shall be
made by the contractor in writing within fourteen days of the happening of the
event causing delay. The contractor may also, if practicable, indicate in such a
request the period for which extension is desired.
3.18.4 In any such case the accepting authority will consider the above request of the
contractor and may give a fair and reasonable extension of time for
completion of the work. Decision on such request for extension shall be
communicated to the contractor by Chief Manager (Inst) in writing, within one
week of the date of receipt of such request by Chief Manager (Inst).
3.19 The contractor shall at his own expenses and without delay supply to the
Chief Manager (Inst) sample of materials proposed to be used in the works.
The Chief Manager (Inst) within a day of the supply of the same will intimate
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the contractor in writing whether samples are approved by him or not. If
samples are not approved, the contractor shall forthwith arrange to supply
fresh samples to the Chief Manager (Inst) for his approval fresh samples
complying with the specifications laid down in the contract.
3.20 The Chief Manager (Inst) shall have full powers to remove any or all the
materials brought to site by the contractor which are not in accordance with
the contract specifications or do not conform in character of quality to the
samples approved by him. In case of the default on the part of the contractor
in removing the rejected materials, the Chief Manager (Inst) shall be at liberty
to have them removed by other means. The Chief Manager (Inst) shall have
full powers to direct other proper material to be substituted for rejected
materials and in the event of the contractor refusing to comply he may cause
the same to be supplied by other means. All risks and costs, which may occur
upon for such removal and/or substitution shall be borne by the contractor.
3.21 If there are varying and conflicting provisions made in any one of the
documents forming part of the contract, the accepting authority shall be
deciding authority with regard to the intentions of the contract and his decision
shall be final.
3.22 Any other error in the description, quantity or rate in the schedule of quantities
or any omission there from shall not vitiate the contract or release the
contractor from the execution of the whole or any part of the works comprised
therein according to the drawings and specifications or from any of his
obligations under the contract and interpretation and resolution to such error
shall be decided by the competent authority of NFL.
4.00 CONTRACTOR’S OBLIGATIONS:
4.01 (i) The contractor shall deploy required competent qualified staff for execution
of work, inspection, charging and other maintenance linked services.
(ii) All the materials issued to the contractor shall be returned to the NFL
Management on expiry of the contract and any shortfall or damage shall be
recoverable from the contractor at NFL issue rate/latest rate + 25%. All
taxes will be charged extra. The issue of such material will be at the
discretion of NFL.
(iii) Since the work in Boiler Plant involves steam at high pressure &
temperature, it will need extra handling care and job shall be got done by
highly skilled competent qualified staff/ labour/ welder preferably
ITI/Diploma Holders or equivalent or higher qualified.
(iv) The contractor will provide his employees / staff / labour as per requirement
of the job.
(v) The contractor shall ensure no piping/fitting/instruments and equipment is
damaged during operation and handling. Any such damage shall be
rectified / replaced by the contractor at his own cost or pay the cost of such
damage to the NFL
(vi) The CONTRACTOR shall draw well in advance detailed schedule of work
to be carried out at SITE and submit the same to OWNER or to his
authorized representative at SITE for approval. The work shall be done in
accordance with the schedule and as per instructions given by OWNER
representative at SITE.
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(vii) A number of CONTRACTORS will be working on project site. The
CONTRACTOR shall not object to the execution of work by other
CONTRACTORS.
(viii) The CONTRACTOR shall at all times, provide fencing, notice boards,
lighting and Watchman to protect and warn the public and guard the works
and in default thereof, OWNER may provide such facilities at
CONTRACTOR’S cost.
(ix) The CONTRACTOR shall keep, at all times, the work and storage area
clean, free from accumulation of waste materials. After completion of
erection, the CONTRACTOR shall remove or dispose in a satisfactory
manner all temporary structures, waste materials etc. and leave the
premises in a satisfactory condition. All Empty packages, including drums,
bags and scrap materials belonging to OWNER shall be left at a place
indicated by OWNER within factory premises.
(x) All packing cases shall be property of OWNER, Naya Nangal and shall be
returned to NFL.
(xi) The CONTRACTOR shall not employ any person at work site in case of
any objections by OWNER to be communicated in writing.
THE CONTRACTOR SHALL USE HIS OWN
(xii) Tools and tackles, welding set & electrodes, gas cutter and Gas (Oxygen &
Acetylene) cylinders, erection equipment and commissioning instruments
(multi-meters, calibrators etc) required during erection and commissioning
of instruments.
(xiii) Scaffolding materials, welding materials, compressed air and consumable
Spares required during erection and commissioning and testing.
(xiv) Engineering /construction/supplies for necessary civil works.
(xv) The CONTRACTOR shall provide necessary skilled and unskilled labour,
Supervisory and other staff required in connection with the execution of the
CONTRACT.
(xvi) The CONTRACTOR shall install and maintain additional light from one
power point to be provided by OWNER.
(xvii) The CONTRACTOR shall be responsible and make necessary
arrangements for Storage and security of the equipment of the material as
well as equipment and material issued to him by OWNER at SITE.
(xviii) The contractor will provide personnel safety equipment like helmets,
safety belts etc. to his staff. However NFL may provide, subject to
availability at that time, on returnable basis other safety equipment like gas
masks & breathing apparatus.
(xix) THE CONTRACTOR SHALL
A) Bear postage, telephone and telegraphic expenditure.
B) Provide transport facilities to their staff, engineers.
C) Provide necessary accommodation as may be required to their staff,
technicians and engineers.
(xx) Floor opening to be guarded, every opening with the floor or building or in
working platform shall be provided with the suitable means, to prevent fall
of persons or materials, by providing suitable fencing or railing with
minimum height of one meter.
(xxi) NUISANCE:
The contractor and /or his employee shall not at any time do, cause or permit
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any nuisance on the site or of any thing which shall cause necessary
disturbance or inconvenience to NFL, tenants or occupiers of other properties
near the site and to public generally.
4.01.1 The CONTRACTOR shall be required to execute an Agreement in the proforma
prescribed by NFL with the OWNER within 15 (Fifteen) days of the receipt by
him of the letter of Intent (LOI)/Work order for carrying out the works according
to the contract. This agreement to be executed will be on a non-judicial stamp
paper of appropriate value to be borne by the contractor. Until the agreement is
executed, no payment will be released to the contractor.
4.02 The contractor will work diligently to accomplish the work as detailed in the
scope of work and schedule of quantities within the schedule of completion. The
contractor will also accomplish the work progress as per the work plan prepared
in consultation with the Engineer (Instrument) and reach the milestone on the
dates specified in the work schedule and progress of work.
4.02.1 URGENT WORKS:
If any urgent work (in respect whereof the decision of the Engineer-in-charge
shall be final and binding) becomes necessary and the contractor is unable or
unwilling at once to carry it out, the Engineer-in-charge may be his own or other
work people, carry it out as he may consider necessary. If the urgent work shall
be such as the contractor is liable under the contract to carry out at his expense,
all expenses, incurred on it by NFL shall be recoverable from the contractor and
be adjusted or set off against any sum payable to him or recover otherwise.
4.02.2 INSPECTION AND PROGRESS REPORT APPROVAL.
All works embracing more than one process shall be subject to examination and
approval at each stage thereof and the contractor shall give due notice to the
Engineer-in-charge when such stage is ready. In default of such notice, the
Engineer-in-charge shall be entitled to appraise the quality and extent thereof.
4.02.3 PROGRESS REPORT
During the progress of the work, the contractor shall furnish the Engineer-in-
charge monthly progress reports and such other reports on the work
organizations, as the Engineer-in-charge may direct.
4.02.4 WORKMANSHIP shall be in accordance with specified standards and codes
that are part of this tender as well as the established engineering practices for
this type of work. Any portion of work executed by contractor and considered
defective by NFL, the contractor shall have to take necessary remedial
measures to the complete satisfaction of NFL to make the defects good at his
own cost without any liability of NFL.
4.02.5 PERIOD OF MAINTENANCE / DEFECT LIABILITY PERIOD.
The contractor shall be responsible to make good and remedy, most
expeditiously at his own expenses, any defect which may develop or may be
noticed before the expiry of the defect liability period which shall be of six
months from the date of completion and intimation of which has been sent to the
contract within seven days of the expiry of the said period by a letter sent by
hand delivery duly acknowledge by the contractor or by registered post. The
above stated defects liability period for rectified portion of work shall also
commence from the date of completion of rectified work.
4.02.6 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK.
If it shall appear to the Engineer-in-charge or his representative, that any work
has been executed with unsound or unskillful workmanship or with materials of
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GDCC- 18
any inferior description or that any materials or articles provided by him for the
execution of the work are unsound or of a quality inferior to the contracted for or
not in accordance with the contract, the contractor shall, on demand in writing
from the Engineer-in-charge specifying defect notwithstanding that the same
have been inadvertently passed, certified and paid for, forthwith rectify, remove
and re-do the work so specified on whole or in part, as the case may require, or
as the case may be to the full satisfaction of the Engineer-in-charge. In the event
of his failing to do so within a period to be specified by the Engineer-in-charge in
his demand aforesaid, then that contractor shall liable to pay compensation at
the rate of one percent on the amount of estimate for every day not exceeding
ten days. If the failure to do so continues the Engineer-in-charge may get the
work so complained executed at the risk and expenses of contractor without
prejudice to any other right or remedy by NFL.
4.02.7 CONTRACTOR’S SUPERVISION.
The contractor shall either himself supervise the execution of the works or shall
appoint a competent supervisor approved by the Engineer-in-charge to act on
his behalf. Further if in the opinion of the Engineer-in-charge, the contractor has
himself not sufficient knowledge and experience to be capable of receiving
instructions or cannot give his full attention to the works, the contractor shall, at
his own expenses, employ as his accredited qualified resident Engineer and
adequate number of Assistant Engineers, Junior Engineers, approved by the
Engineer-in-charge. Orders given to the contractor’s Engineers / Supervisors
shall be considered to have the same force as if these had been given to the
contractor himself. If the contractor fails to appoint a suitable Engineer /
Supervisor as directed by the Engineer-in-charge, the Engineer-in-charge shall
have full powers to suspend the execution of the work(s) until such date as a
suitable Engineer / Supervisor is appointed and the contractor shall be held
responsible for the delay so caused to the works. If the contractor fails to do so
within reasonable time NFL reserves its right to take action as per clause 8.10 of
GDCC.
4.03 All electrical installations for the distribution system shall be done and
maintained by the contractor at his own cost conforming to IEC rules as
amended up to date and tested and approved by NFL, but such approval does
not absolve the contractor of his liabilities. The contractor should also indicate in
his tender the load or power demand in KVA required by him for the same.
4.04 The contractor shall use his own tool appliance, implements, ladders, tackles,
scaffolding shuttering and temporary works requisite or necessary for the proper
execution of the work, whether original, altered or substituted blank flanges and
their testing arrangement will have to be made by the contractor at his own cost.
The contractor shall also supply without additional charges to NFL, the requisite
number of persons with the means and materials, necessary for purpose of
setting out of work and counting, weighing and assisting in the measurement or
examination at any time and from time to time of the work or materials. Failing
his so doing, the same may be provided by the NFL at the expense of the
contractor. The contractor shall also carefully preserve benchmarks, reference
points and in case of work full or careless destruction, he shall be charged with
the resulting expenses and shall also be responsible for any loss that may be
caused by the mistake. The contractor shall also provide all necessary fencing
and lights required to protect the public from accident and shall be bound to
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GDCC- 19
bear the expenses of defense of every suit, action or other proceedings of law
that may be brought by any person for injury/sustained owing to neglect of the
above precautions and to pay any damages and costs which may be awarded in
any such suit action or proceedings to any such persons or which may with the
consent of the contractor be paid to comprise any claim by any such person.
4.05 TOOLS: The contractor will use proper, high quality tools in order to avoid
damage to elements of the machinery. The tools used will be properly
calibrated. The Chief Manager (Inst) on his sole discretion can stop the use of
tools and tackles, which he considers, can damage the equipment or are
inaccurate. No make shift arrangements will be allowed.
4.06 All the contractor’s materials, tools and tackles will be marked/punched with the
name of the contractor. All such material will be shown at the factory main gate
and a certified copy of material passed on the factory premises will be submitted
to the Engineer (Instrument) within one week’s time. The stores of the contractor
can be checked by the Shift Incharge/ Incharge, Engineer (Instrument) or his
authorized representative for any unauthorized material not passed from the
factory main gate.
4.07 The contractor shall take reasonable steps necessary to ensure that the
persons employed on work in connection with the contract, have full knowledge
of the “Official Secrets Act” and the regulations framed there under.
Any information obtained in the course of the execution of the contract by the
contractor his servant or agents or any persons so employed, as to any matter
whatsoever, which would or might be directly or indirectly be of use to any
enemy of India must be treated as secret and shall not at any time be
communicated to any person.
The contractor shall return all the documents supplied to him after completion of
the job.
4.08 RESIDENTIAL ACCOMMODATIONS:
The contractor shall make his own arrangements for accommodation for himself
or for his officers, staff, employees and labour as well as their transport. NFL will
not permit construction of residential hutment for himself or for contractor’s
officers, staff, employees and labour within the factory boundary wall.
4.09 The contractor shall be required to keep an order book at the site of work. Any
special order and instruction to be issued to the contractor shall be recorded in
their book by Engineer in-charge (Instrument) or his authorized representative.
Each page of this book shall be numbered and initialed by the Engineer in-
charge (Instrument) or his representative.
The book shall always be kept at site of work. The contractor shall sign all
orders as token of his having seen and noted. This book shall be the property of
NFL, but its safe custody shall be the responsibility of the contractor. All the
directions to be given to the contractor shall be written in the order book or
communicated in writing.
4.09.1 All instructions, notices and communications etc. under the contract shall be
given in writing and if sent by the registered post to the last known place of
abode or business of the contractor shall be deemed to have been served on the
date when in the ordinary course of post these would have been delivered to
him.
4.10 The successful tenderer shall afford all reasonable facilities and cooperation to
various other agencies and contractors for services not included in the contract,
N F L, Nangal unit, Instrument Department, GDCC
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who may be working on the site simultaneously so that the entire work can be
proceeded smoothly and simultaneously to a successful completion. The
tenderer must take all the aforesaid factors into consideration while quoting the
rates for tender and no extra charge will be allowed on any grounds arising out
of or relating to the aforesaid factors.
4.11 The contractor shall at all times during the progress and continuance of the
works and also for the period of maintenance (the period shall be six months
from the due date of issue of certificate completion) be responsible for and shall
effectually maintain and upheld in good, sound and perfect condition of all
instruments installed /filled/serviced/charged/inspected by him. Any damage or
defect that may during the above period arise in or be discovered or be in
anyway connected with the works covered by the scope of work provided the
such damage or defect is not directly caused by errors in documents, acts or
providence or insurrection of civil riot, the contractor shall be liable for and shall
pay the and make good to NFL all losses, damages, costs and expenses by
reason of in consequence operation of the contract or of his failure in any
respect.
4.12 MEDICAL TREATMENT IN CASE OF ACCIDENT:
It shall be the responsibility of the contractor to give medical treatment to his
injured staff/workman/employee, who has met with an accident arising out of
and during the course of employment in case, the contractor fails to give
medical treatment the company shall do so and shall recover the expenditure on
account of medical treatment from the contractor’s bill or from other dues of the
contractor, if any or otherwise recover the same from contractor.
4.13 As a safeguard against the entry of bad elements into the work site including
factory premises/plants/offices/township, the contractor should get the
antecedents of his staff/employees/labour verified by him before employing
them.
4.14 On every running bill/final bill, the contractor shall give a certificate to the effect
that the payment to the employees/staff/labour engaged by him has been made
before submitting the bill to the department.
4.15 After examining the same, the above facts shall be verified by the concerned
Engineer in-charge (Instrument) and a similar certificate shall be issued, but
such verification shall not absolve the contractor of his liabilities.
4.16 The contractor shall maintain a record for the payment made to his
staff/employees/ labour engaged by him and such records shall be liable to
inspection by Shift Incharge/Incharge, Engineer (Instrument) , Personnel
Department and Labour Inspectors of State Govt. as and when required, but
such inspection shall not absolve the contractor of his liabilities.
4.17 The following records and registers are required to be maintained by the
contractor as per the Contract Labour (Regulation & Abolition) Act, 1970:-
(i) Register of persons employed in Form No.XIII(Rule 75).’
(ii) Employment Cards: Every contractor is required to issue an
employment card in Form No.XIV to each worker within three days of
the employment of the worker(Rule 76).
(iii) Muster Roll Wages Register, deduction register and OT register.
a) Muster Roll - Form No.XVI.
b) Wage Register Form No.XVII (Rule 75)
c) Register of deductions for damages or loss (Form XX).
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d) Register of fines, Form XXI.
e) Register of advances (Form XXII)
f) Register of overtime (Form XXIII).
g) Wage Slip (Form XIV).
OBLIGATIONS/LIABILITIES:
4.18 a- Following statutory obligations shall also form part of NIT and contractor
shall comply with the same:-
(i) Contract Labour (Regulation & Abolition) Act, 1970
(ii) Minimum Wages Act, 1948
(iii) EPF & Misc. Provisions Act, 1952
(iv) Factories Act, 1948
(v) Workmen Compensation Act, 1923
(vi) The Payment of Wages Act, 1936
(vii) Any other act framed by the State/Central Govt. from time to time
and relevant to the above contract.
(viii) In addition to special terms and conditions, GDCC shall form part
of NIT and all terms and conditions of GDCC shall be applicable.
However, in case of any difference in the special terms and
conditions and GDCC/special terms shall be applicable.
b- Contractor shall have its own PF Account Number and he will ensure
compliance with all the requirements of EPF & Misc. Provisions Act, 1952
for his staff/employees/labour/workmen.
c- The contractor should ensure that all persons engaged by him are
medically fit and shall keep with him a certificate to that effect. NFL
doctor may also examine his employees any time and the contractor shall
replace any of those declared unfit, but such examination shall not
absolve the contractor of their liabilities.
d- The contractor shall indemnify NFL against any loss/injury while
performing duty whether in station or out of station.
e- The contractor shall comply with all central, State laws in force from time
to time.
f- Any act on part of the contractor or his employees which will be prejudice
to the reputation of NFL, shall constitute grave breach of conditions of the
contract and shall render the contract liable for termination within 48
hours notice. In such event, the security deposit held by NFL shall be
forfeited without prejudice to any other remedy to which NFL may be
entitled.
g- The contractor shall be required to possess a valid license for engaging
labour from state labour department.
4.18.1 CONTRACTORS LIABILITY AND INSURANCE:
From the commencement to completion of the work, the contractor shall take
full responsibility for the care thereof and the precautions to prevent the losses
or damage and to minimize the loss or damage to the greatest extent possible
and shall be liable for damage or loss that may happen to the works or any
part thereof and all NFL Tools & Plants from any cause whatsoever (except
the expected risks) and shall at his own cost repair and make good the same
so that at completion, the works and all NFL T&P shall be in a good order and
N F L, Nangal unit, Instrument Department, GDCC
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condition in conformity with every respect with the requirement of the contract
and instructions of the Engineer-in-charge.
4.18.2 Provided always that contractor shall not be entitled to payment under the
above provisions in respect of so much loss or damage as has been occurred
by failure on his part to perform his obligation under the contract or not taking
precautions to prevent loss or damage or minimize the amount of such loss or
damage.
4.18.3 Where NFL building or a part thereof is taken on rent by the contractor, he
shall ensure the entire building or any part thereof is used by him for the
purpose of storing using material of non-combustible nature, as to which the
decision of the Engineer-in-charge shall be final and binding.
4.18.4 Before commencing the execution of the work, the contractor shall, without
any way limiting his obligations and responsibilities under this condition, insure
against any damage, loss or injury which may occur to any property, or to any
person (including any employee of NFL) by or arising out of carrying out of the
contract.
4.18.5 The contractor shall indemnify and keep indemnified NFL against all losses
and claims for injuries or damage to any person or any property whatsoever
which may arise out of or in consequence of the construction and
maintenance of works and against all claims, demands, proceedings,
damages, costs charges and expenses whatsoever in respect of or in relation
thereto. Provided always that nothing herein contained shall be deemed to
render the contractor liable for in respect of or to indemnify NFL against any
compensation or damaged caused by the excepted risks.
4.18.6 The aforesaid Insurance policy / policies shall provide that they shall not be
cancelled till the Engineer-in-charge has agreed in writing to their cancellation.
4.18.7 The contractor shall prove to the Engineer-in-charge from time to time that he
has taken out all the insurance policies referred to above and has paid the
necessary premium for keeping the policies alive till the expiry of the defects
liability period.
4.19 All charges on account of octroi, terminal or sales tax and other duties
including custom and excise et. On materials obtained for the works from any
source (excluding materials supplied by NFL) shall be borne by the contractor.
Further that any duty including sales tax imposed on works contract or
materials supplied for the works contract shall be borne by the contractor and
shall not be reimbursed or paid by NFL. That the contractor shall also be liable
for any new taxes or levies imposed by the Govt. or any authority after
submission of tender (to NFL) by the tenderer.
4.20 The Chief Manager (Inst) shall be entitled to carry out the tests as specified in
the contract for any materials supplied by the contractor other than those for
which, as stated above, satisfactory proof has already been furnished at the
cost of the contractor and the contractor shall provide at his expense all the
facilities which the work may require. If no tests are specified in the contract
and such tests are required by the Chief Manager (Inst), the contractor shall
provide all facilities required for the purpose and the charges for these tests
shall be borne by the contractor only if the tests disclose that the said
materials are not in accordance with the provisions of the contract. The cost of
the material consumed in test shall be borne by the contractor in all cases
except when otherwise provided.
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4.21 SAFETY CODE:
It is mandatory for CONTRACTOR to understand, follow and enforce Safety
Code of NFL at all times during execution of jobs. A copy of NFL Safety Code
can be obtained from Safety Department of NFL, Nangal Unit on payment of
Rs. 100/-.
The contractor shall ensure that all steps be taken towards ensuring from fire
etc. and follow all instructions regarding safety issued by NFL from time to
time.
4.22 The contractor shall not assign or sub let the contract or any part thereof or
allow any person to become interested therein any manner whatsoever
without NFL’s written permission. Any breach of this condition shall entitle the
NFL to determine the contract under clause 8.10 of these conditions and shall
also the tenderer/ contractor liable for payment to NFL in respect of any loss
or damage arising or ensuing from such cancellation of contract. The
permitted sub-letting of service by the contractor shall not absolve the
contractor of any responsibility under the contract. In the event, sufficient dues
are not available to reimburse NFL for the expenditure incurred by it for the
above, the contractor shall reimburse NFL for the same.
4.23 The contractor should ensure that the labour employed by him is confined to
the specified area of work for which the contract has been awarded, it is also
the responsibility of the contractor to ensure that the labour so employed by
him does not got to the other areas of the plants etc.
4.24 USE OF INTOXICANTS: The sale and use of ardent spirits or other
intoxicants beverages on the work or in and the buildings, encampments of
tenements owned, occupied by or within the control of the contractor or any of
his employees shall be forbidden and the contractor shall exercise his
influence and authority to the utmost extent to secure strict compliance with
this condition.
4.25 Female labourers shall not be allowed to work in the plant area unless
specifically permitted by Chief Manager (Inst).
4.26 GATE PASS:
a) Contractor will apply for and manage with the minimum number of photo
gate passes, which are actually required for daily work. Such numbers to
be worked out and recommended by the contract awarding authority.
b) Contractor would not be issued new gate passes until he accounts for
and deposits already issued invalid gate passes with CISF.
c) Contractor is bound to keep all the valid photo passes in his custody
during the contract period. In case of loss/damage to the pass, he is
required to report in writing to CISF through the department with one
copy to Chief Manager (Inst) immediately without any loss of time to
avoid its misuse/risk.
d) To regularize the loss, a detailed report with the circumstances under
which the loss has occurred mentioning date, time, place and number of
the individual who has lost, with the recommendations of the contract
awarding authority is required to be submitted to CISF by the contractor.
e) Contractor shall note that in the event the invalid gate passes are not
deposited by the contractor with CISF within the period of three months
from the date of its expiry, the recovery at the rate of Rs.50/- per gate
pass will be made from their bills and thereafter no request for refund of
N F L, Nangal unit, Instrument Department, GDCC
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this amount will be entertained.
f) Payment of final bill will be made to the contractor only after submission
of certificate from CISF that all the gate passes issued to the labourers of
the contractor have been returned alternatively no objection certificate
may be provided from CISF.
4.27.1 MODEL RULES FOR LABOUR WELFARE.
The contractor shall at his own expense comply with or cause to be complied
with model rules for labour welfare rules framed by government from time to
time for the protection of health and for making sanitary arrangement for
workers employed directly or indirectly on the works. In case the contractor
fails to make arrangement as aforesaid, the Engineer-in-charge shall be
entitled to do so and recover the cost therefore from the contractor.
4.27.2 The contractor shall maintain all prescribed registers, record and other
documents in compliance with applicable labour laws and allow NFL
representative access to these documents for such investigation inspection or
enquiry as may be desired by the NFL to see that the provisions of all labour
laws are being properly complied with by the contractor. It is, however, clearly
understood that the contractor shall not be absolved of any of his
responsibility for any breach or violation of rules and regulations under the
respective acts, either by such investigation or inspection or enquiry by NFL or
not having made such an investigation or inspection or enquiry.
4.28 The contractor shall at all time indemnify, keep NFL indemnified against all
claims, damages or compensation under the provisions of the payment of
Wages Act, 1936, Minimum Wages Act, 1948, Employees Liability Act, 1938,
The workmen’s Compensation Act, 1923, Industrial Disputes Act, 1947, the
Maternity Benefit Act, 1961 and the contract labour (Regulations & Abolition)
Act, 1970, Equal Remuneration Act, 1976, Employment of Child Labour Act,
1938 and Abolition of bonded Labour Act, Employees Provident & Misc.
Provision Act, 1952, Factory Act, 1948 or any other act regulating the
employment of labour by the contractor or any modification thereof or any
other law relating thereto and rules made thereunder from time to time or as a
consequence of or any accident or injuries to any workman or other persons in
or about the works, whether in the employment of the contractor or not, save
and except where such accident or injury has resulted from any act of NFL his
agents or servants, and also against all cost, charges and expenses of any
suit, action or proceeding arising out of such accident or injury and against all
sum or sums which may with the consent of the contractor be paid to
compromise or compound any claim.
4.29 PENALTY IN CASE OF FAILURE TO COMPLY WITH MODEL RULES FOR
LABOUR WELFARE SAFETY CODE.
Notwithstanding anything contained in clause and in the event of the
contractor’s failure to comply with model rules for Labour Welfare, Safety
Code or the provision relating to report on accidents and to grant of maternity
benefit to female workers shall make the contractor liable to pay to NFL such
amounts as may be determined by the Engineer-in-charge together with Rs.
5,000/- for each instance of default or materially incorrect statement and in the
event of contractor’s default continuing in this respect the amount of Rs.
5,000/- may be enhanced to Rs. 5,000/- per day each day of default. The
decision of the Engineer-in-charge in such matters based on reports from the
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Inspection Officer as defined in the Contractor’s Labour Regulation shall be
final and binding and deductions for recovery of such aforesaid amounts may
be made from any amount payable to the contractor or otherwise recovered.
4.29.1 SITE LAND:
The contractor shall not be permitted to enter on (other than inspection
purpose) or take possession of the site until instructed to do so by the
Engineer-in-charge in writing. The portion of the site to be occupied by the
contractor shall be defined and / or marked on the site plant or shall be
indicated by the Engineer-in-charge at site and the contractor shall on no
account be allowed to extend his operations beyond these areas. In respect of
any land allotted to contractor for purpose of or in connection with the
contract, the contractor shall be licensee subject to the following and such
other terms and conditions as may be imposed by the licenser: -
(i) That such use or occupation shall not confer any right or tenancy of
the land on the contractor.
(ii) That the contractor shall be liable to vacate the land on demand by the
Engineer-in-charge.
(iii) That the contractor shall have no right to any construction over this
land without the written permission of the Engineer-in-charge.
The contractor shall provide, if necessary or if required on the site all
temporary access thereto and shall adopt and maintain the same as required
form time to time and shall take up and clear them away as and when no
longer required and as and when ordered by the Engineer-in-charge and
make good all damage done to the site.
5.00 NFL’S OBLIGATIONS:
5.01 NFL may provide free of cost, at its discretion and for the duration of the
execution of work land for construction of temporary huts for labour and
contractors field office & stores required for execution of the contract. After
completion of contract all constructions made by Contractor for his
requirement shall be dismantled and ground shall be leveled.
5.02 Cement & Water for construction purpose of jobs under the contract only (not
for construction of contractor’s office/ stores/ labour huts etc) shall be supplied
free of cost. Water supply will be given from existing points from where the
contractor has to make arrangement at his own cost to lay pipes etc. to suit
his own requirements.
5.03 Electricity for lighting and power for welding shall be provided subject to
facilities available at site (at one point near the site to be mutually decided
between NFL and contractor) on 400/440 V & 220/220 V response phase 50
C/s supply, free of cost, at one point.
5.04 NFL may provide at its own discretion user’s certificate and any other
assistances required for procuring material if requested by the contractor.
5.05 a) Waste – 3% material will be supplied extra against waste where
applicable.
b) No scrap will be allowed to be taken out of factory premises. All scrap will
have to be returned to NFL Stores.
c) Allowance for waste is applicable on steel fabrication only.
5.06 To the extent available and can be spared OWNER shall provide various
erection/construction aids on chargeable basis as per standard rates
applicable to other CONTRACTORS at that time.
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5.07 To make available medical facilities at owner hospital for the CONTRACTORS
staff/labour to the extent available at usual charges.
6.00 MATERIALS TO BE SUPPLIED BY NFL TO CONTRACTOR
6.01 If after the acceptance of the tender, the contractor desires the NFL to supply
any material not specified in the preamble to schedule of quantities on request
of the contractor subject to its availability in NFL stores may be issued to the
contractor at the rate to be fixed by NFL at store issue rate plus departmental
charges at the rate of twenty five per cent.
6.02 For the material listed in schedule of quantities if any which the NFL has
agreed to supply the contractor shall give a reasonable notice in writing of his
requirements to Chief Manager (Inst) in accordance with the agreed phased
programme. Such materials shall be supplied for the purpose of the contract
only. At the time of the submission of bills, the contractor shall properly
account for materials issued to him to the satisfaction of Chief Manager (Inst)
and shall further certify that the balance of materials supplied are available at
site.
6.03 All materials issued to the contractor by NFL for incorporation or fixing in the
work including preparatory work shall on completion of work or on foreclosure
by NFL or abandonment of the work by contractor be returned by the
contractor at his expense at place of issue after making due allowance for
actual consumption, reasonable wear and tear and/or waste. If the contractor
is required to deliver such materials at a place other than the place of issue,
he shall do so and the transportation charges from this site to such place less
the transportation charges which would have been incurred by the contractor
had such materials been delivered at the place of issue shall be borne by
NFL.
6.04 Surplus materials returned by the contractor shall be credited to him by NFL
at the rates at which these were originally issued to him provided these are
returned in the same form and condition in which they were issued.
6.05 If on the completion of works or on fore-closure of work by NFL or
abandonment of works by the contractor, the contractor fails to return the
surplus materials out of those supplied by NFL then in addition to other liability
which the contractor would incur, the Chief Manager (Inst) may by a written
notice to the contractor, require him to pay within a fortnight of the receipt of
the notice, for such unreturned surplus materials, at double the issue rates or
the market rates, whichever are high failing which amount will be deducted
from the contractor’s bill without prejudice to any other mode or remedy
available to NFL.
6.06 All materials shall be issued during the working hours of NFL Stores
department regarding issue and receipt of materials and no claim shall be
entertained due to any delay or hindrance on account of above.
6.07 The contractor shall comply with the rules/procedure/instructions that would
be in force in NFL Stores Department regarding issue and receipt of materials
and no claim shall be entertained due to any delay or hindrance on account of
above.
6.08 The contractor also shall not be entitled to claim any compensation from NFL
for the loss suffered by him on account of the delay by NFL in the supply of
materials.
In case of such delay in the supply of materials, the NFL shall grant such
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extension of the work as shall appear to the accepting authority to be
reasonable in accordance with the circumstances of the case. The decision of
the accepting authority as to the extension of the time shall be final and
binding on the contractor.
6.09 HANDLING AND STORAGE OF MATERIAL BY CONTRACTOR
1. The contractor shall establish his own storage facility for immediate
storage of equipments. The storage shall always be kept clean and neatly
arranged of easy retrieval of materials. It shall be suitable for all prevailing
weather conditions and stainless steel materials shall be stored separate
from other materials.
2. Materials required for the works, whether brought by the contractor or
supplied by the NFL shall be stored by the contractor only at places
approved by Engineer-in-charge. Storage and safe custody of materials
shall be the responsibility of the contractor.
3. The contractor shall bear the cost of loading, transporting to site,
unloading, storing under cover as required, assembling and joining the
several parts together as necessary and incorporating or fixing materials in
the work including all preparatory work of whatever description as may be
required.
4. The NFL officials concerned with the contractor shall be entitled at all
times to inspect and examine any material intended to be used in or on the
works, either on the site or at factory or workshop or other places where
such materials are assembled, fabricated, manufactured or at any places
where these are lying or from which these are being obtained and the
contractor shall give such facilities as may be required for such inspection
and examination.
5. All the materials brought by the contractor to the site shall become and
remain the property of NFL and shall not be removed off the site without
prior written approval of the Engineer-in-charge. But whenever the works
are finally completed and advances if any in respect of such material are
fully recovered, the contractor shall, at his own expenses, forthwith remove
from the site all surplus material supplied by him
6. All stainless steel shall be handled and stored in such a way that the
corrosion properties are not deteriorated. It should therefore be ensured that
the stainless steels do not get in contact with non-stainless steel during
handling and storage. All tools or material, which gets in contact with
stainless steel shall be made of stainless steel, nylon, wood or the tools
shall be coated with textile. Tools previously used on non-stainless steel
shall not be used.
7. All erection materials shall be stored in a dry and clean area, where it is
protected against particles and grinding dust. Stainless steel and carbon
steel shall be stored separately.
8. On the allotted land at site & subject to clause 5.01, contractor shall at his
own cost establish intermediate store, workshop for pre-fabrication and
necessary office and dining facilities for his staff.
7.00 EARNEST MONEY:
The tender shall be accompanied by EMD of amount specified in NIT in the
form of DD/ Banker’s cheque in favour of NFL Nangal UNIT. Tenders without
the requisite amount of EMD will not be accepted. DD payable at locations
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other than Nangal/Naya Nangal shall not be accepted.
EMD will not earn any interest.
EMD will be refunded after finalization of tender only to the unsuccessful
bidders. EMD of successful tenderer shall be converted into Security Deposit.
In case any tenderer backs out from any clause/rates quoted in his offer, the
EMD will be forfeited without any further reference and without prejudice to
other remedies.
7.01 (a) SECURITY DEPOSIT:
(i) EMD already deposited by successful tenderer shall be adjusted in
security deposit.
(ii) NFL will recover from monthly/ running bills 10% of the value of work
done as security deposit which will be refunded to him after the expiry
of 6 calendar months from the date of successful completion of contract
during which period contractor shall be responsible for maintaining the
works and making good at his own cost any imperfections which may
become apparent.
(iii) Any request of contractor will not be entertained for submitting Bank
Guarantee in lieu of Security Deposit.
(iv) Security deposit already furnished to NFL under any previous
contract shall not be adjusted against any other Tender.
(b) REFUND OF SECURITY DEPOSIT.
(v) Security deposit shall be refunded to the contractor after the expiry
of the defect liability period of six English calendar months from the
date of successful completion of contract.
(c) No interest shall be payable on the security deposit / earnest money
lying with NFL.
8.00 PAYMENT ON ACCOUNT
On account bills shall be submitted by the contractor on monthly basis in
triplicate within the first week of the following month to the Instrument
Department on NFL’s Measurement and bill formats approved by the
Engineer-in-charge, for verification by Engineer-in-charge. These formats shall
be of A-4 size. The Engineer-in-charge shall arrange to have the bill and
measurements verified by taking or causing to be taken, where necessary, the
requisite measurements of the work. The measurements and bills so
corrected and verified by Engineer-in-charge shall be signed by the contractor
as a token of his acceptance.
The bills submitted by the contractor will be considered for sending to
Accounts department recommending the payment (subject to other terms of
the contract) to the contractor only if complete in all respects and if he
separately prepares and submits requisite documents including the following
documents along with each bill in respect of the work to which the bill relates:
1) Details of the up to date consumption of different materials issued to
the contractor by NFL.
2) A copy of the muster roll regarding all the labour deployed by the
contractor and payment of wages to his labour duly verified by the
representative of NFL.
3) Notarized copy of insurance cover under Employees State Insurance
Act, 1948 when applicable and/ or workmen’s compensation Act, as
the case may be as per clause 8.10 for all the labour / persons
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deployed for execution of contract.
4) Notarized copy of details of PF deposited for labour / persons
deployed for execution of contract.
8.00.2 Payment on account for amount admissible shall be made on the Engineer-in-
charge certifying the sum to which the contract is considered entitled by way
of interim payment for all work executed after deducting the security deposit
and such other amount as may be deductible or recoverable in terms of
contract.
8.00.3.1 Subject to other terms of contract 75% of the cost (As assessed by the
Engineer-in-charge) of any materials (but not the material issued by NFL)
which are in the opinion of Engineer-in-charge reasonably required in
accordance with the contract and have been brought to site for in corporation
in the works (which is as per specifications and duly approved by NFL thereof)
and are safeguarded against loss due to any cause whatsoever to the
satisfaction of the Engineer-in-charge but have not been incorporated;
provided the contractor provides an Indemnity Bond on approved format and
also insurance cover for the full cot of perishable materials.
8.00.3.2 The advance payments, if made, shall be adjusted as and when materials are
utilized in the works.
8.00.4 “On account” payment which is 90% of monthly bill amount after deducting
taxes (including Income Tax, Works Tax, etc) will be made within 30 working
days from receipt of the bill (complete in all respect) in the Account
Department after acceptance of the bill by the F&A department. Any interim
certificate given relating to work done or materials delivered may be modified
or corrected by any subsequent interim certificate or by the final certificate. No
certificate of the Engineer-in-charge, supporting on interim payment, shall
itself be conclusive evidence that any work or materials to which it relates is/
are in accordance with the contract.
8.00.5 Pending consideration of extension of the date of completion, interim payment
shall continue to be made as herein provided.
8.00.6 “On account” payment made to the contractor shall be regarded as payments
by way of advance against the final payments only and shall be without
prejudice to the final making up of the accounts and shall in no respect be
considered or used as evidence of any facts stated in or to be inferred from
such account nor of any particular quantity of works having been executed nor
of the manner of its execution being satisfactory.
8.00.7 NFL shall have the right to withhold payment of contractor’s bill in case the
contractor fails to deposit the contribution in PF account no. issued to the
contractor and submit a proof of the same along with the bill in time.
The contractor shall also furnish to NFL by 5th day of each month a detailed
statement in respect of each eligible employee on this contract giving the
following details: -
(i) Name of the employee.
(ii) Name of the father, husband as the case may be.
(iii) Wages paid for the month.
(iv) Deduction made from the wages on account of employees own
contribution to P.F.
(v) The matching contribution payable by the contractor.
(vi) The date from which employee becomes eligible to subscribe to PF
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(this information is to be given only once when the employee
becomes eligible to contribute to P.F. for the first time)
(vii) The date from which the employee ceases to be in the employment
of the contractor and to indicate the causes of the employee
leaving the service or the cause for the termination by the
contractor as the case may be.
The statement referred to as above should accompany the remittances to be
made by the contractor by 5th day of each month as indicated above.
Damages to the extent of 25% per month, on later remittance of P.F. in
respect of contractor’s employees in line with section 14-B of GPF & EPF Act,
1952 will be recovered in addition to simple interest fixed from time to time to
be charges from the contractor on such delayed payment.
8.00.8 PENALTY FOR DELAY IN SUBMISSION OF MONTHLY BILL
The contractor shall submit his monthly bill in triplicate within the first week of
the following month to the Instrument Department for verification and
recommendations. In case the contractor fails to submit the bill by the last day
of the following month, a penalty of 1% of the billed amount for every month of
delay or part there of subject to minimum of Rs. 1,000/- shall be recovered
from the bill. If the contractor continuously fails to submit the bill, NFL reserves
the right to take action as per clause 8.10.
8.00.9 VALUATION AND PAYMENT RECORDS AND MEASUREMENT.
i. The Engineer-in-charge shall accept, as otherwise stated, ascertain
and determine by measurement- the value in accordance with the contract
of work done- in accordance therewith.
ii. All items having a financial value shall be entered in form no. A,B & E
prescribed by the NFL so that a complete record is obtained of all work
performed under the contract.
iii. Measurement shall be taken jointly by the Engineer-in-charge and by
the contractor or his authorized representative
iv. Before taking measurement of any work, the Engineer-in-charge or the
person deputed by him for the purpose, shall give a reasonable notice to the
contractor. If the contractor fails to attend or send an authorized
representative for measurement after such a notice or fails to counter sign
or to record the objection within a week from the date of measurement then
in any such event measurement taken by Engineer-in-charge or by the
person deputed by him shall be taken to be correct measurements of the
work.
v. The contractor shall, without extra charge, provide assistance with
every appliance, labour and other things necessary for measurement.
vi. Measurement shall be signed and dated by both parties each day on
the site on completion of measurement. If the contractor objects to any of
the measurement recorded on behalf of NFL a note to that effect shall be
made in the measurement book against the items objected to and such note
shall be signed and dated by both the parties engaged in taking the
measurement.
8.00.10 METHOD OF MEASUREMENT
Except where any general or detailed description of the work in the Schedule
of Quantities expressly shown to the contrary to above, schedule of quantities
shall be deemed to have been prepared and measurement shall be taken in
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accordance with the units set forth in the Schedule or Rates / Specification
notwithstanding any provisions in the relevant Standard Method of
Measurement issued by the Indian Standards Institution or any general or
local custom.
8.00.11 TIME LIMIT FOR PAYMENT OF FINAL BILL.
The contractor shall submit the final bill complete in all respects within one
month of physical completion of work. The contractor shall make no further
claims after submission of the final bill and these shall be deemed to have
been waived and extinguished. Payment of the final bill if complete in all
respects shall be made within three months from the date of receipt of the bill
by Engineer-in-charge and acceptance of the same by the F&A department if
complete in all respects.
8.00.12 TIME LIMIT FOR UNFORESEEN CLAIMS
Under no circumstances whatsoever, the contractor shall be entitled to any
compensation from NFL on any account unless the contractor shall have
submitted a claim, in writing, to the Engineer-in-charge with in one month of
the cause of such a claim occurring / arising.
8.00.13 STANDARD MODE OF PAYMENT
NFL standard mode of payment is through A/c payee cheque. Contractor
should provide his Bank A/c details for this purpose.
8.01 EXTRA AND/OR SUBSTITUTED ITEMS:
NFL shall have power to make any alteration in, omission from addition to or
substitution for the original specifications, drawings, designs and instructions
which may be considered necessary during the progress of the work and
contractor shall carry out the work in accordance with any instruction, which
may be given to him in writing duly signed by Engineer (Instrument). Such
alterations, omission, additions and substitutions shall not invalidate the
contract and any altered, additions or substituted work which the contractor
may be directed to do in the manner above specified as a part of the work
shall be carried out by the contractor on the same conditions in all respects on
which he has agreed to do the main work. The time for the completion of the
work shall be extended/reduced in proportion that the altered, additional
substituted or omitted work bears to be original contractor work and the
certificate to be issued by NFL shall be conclusive as to such proportion. The
rates for such additions, altered or substituted work under this clause shall be
worked out in accordance with the following provisions in their respective
order
8.02 EXTRA AND/OR SUBSTITUTED ITEMS:
If the rate for the additional altered or substituted work are specified in the
contract for the work, the contractor is bound to carry out the additional,
altered or substituted work at the same rate as per specifications in the
contract for the work.
In the event, the extra work of the contract does not fall in the category as
above, the cost will be calculated on the basis of actual labour and
consumable materials utilized for the job. The quoted rates for labour will be
inclusive of overhead profit. The consumable material used will be paid on
actuals. The quantum of labour and the consumable material used will be
paid on actuals. The quantum of labour and the consumable material used
will be assessed by NFL whose decision in this respect will be final and
N F L, Nangal unit, Instrument Department, GDCC
GDCC- 32
binding upon the contractor. For this purpose, the contractor shall quote the
daily wages of various categories of skilled/semi-skilled and unskilled staff.
The contractor shall be required to submit documentary evidence
acceptable to NFL, in support of price of materials, NFL will have the option
to get the additional, altered work done departmentally or through any other
contractor.
The contractor will be required to obtain prior approval of NFL for rates
payable to him for such extra items.
8.03 NFL may withhold payment to such an extent as may be necessary to protect
itself from loss on account of:
a) Defective work not remedied.
b) Failure of the contractor to make payment properly to the permitted
sub contractor or for the materials or his staff/employees/labour.
c) Damage to another contractor or NFL property.
d) A reasonable doubt that the remaining works of contract cannot be
completed due to any reason.
e) Claims filed or reasonable evidence indicating probate filing of claims.
f) For other reason mentioned elsewhere in the contract.
8.04 NFL reserves the right to carry out post payment audit and technical
examination of the final bill including all supporting vouchers abstracts etc.
NFL further reserves the right to enforce recovery of any over payment when
detected notwithstanding the fact that the amount of final bill may be included
by one of parties as an item of the dispute before an arbitrator appointed
under clause 9 notwithstanding the fact that the amount of final bill figure in
the arbitration award which is under challenge.
8.05 If as a result of such audit and technical examination any over payment is
discovered in respect of any work done by the contractor or alleged to have
been done by him under the contract, it shall be recovered by NFL from
contractor by any of the methods prescribed above or if any under payment is
discovered the amount shall be duly paid to the contractor by NFL provided
that the aforesaid provision for payment of under payments and adjustments
of over payment shall not extend beyond the period of 3 years from the date of
payment of the final bill or in case the final bill is a minus bill, from the date of
minus final bill is communicated to the contractor.
8.06 Any amount due to the contractor under this contract for under payment may
be adjusted against any amount then due or which may at any time thereafter
become due, before payment is made to the contractor, from him to the NFL
on any other contract or amount whatsoever.
8.07 PENALTY FOR DELAY.
(I) If there is any delay in the final completion of the work or at any job site
or specific works in respect of which a separate progress schedule has
been established, beyond the final completion of the work or works
aforesaid at the job site as stipulated in the progress schedule, the
NFL shall (without prejudice to any other right of NFL in this behalf) be
entitled to enforce penalty for the delay @ 1% (one percent) of the total
contract value for each week or part thereof that the work remains
incomplete beyond the schedule date of final completion for the work
or works, as the case may be at the job site, subject to a maximum of
10% (ten percent) of the total contract value.
N F L, Nangal unit, Instrument Department, GDCC
GDCC- 33
(II) Total contract value of the purpose of clause (i) above shall mean the
total dues of the contractor under the contract arrived at on a final
reckoning and settlement thereof.
(III) The amount of penalty may be adjusted or set-off against any sum
payable to the contractor by NFL under this contract or any other
contract or recovered otherwise.
(IV) Nothing in paragraph (i) above shall prevent the NFL from exercising
its right of termination of contract under clause 8.10 of GDCC an
associated clause there under and NFL shall be entitled in the event of
exercising its said right of termination after the stipulated date of final
completion for the work as stipulated in the progress schedule to
amount of Penalty as aforesaid for the intervening period in addition to
any other amount as may be due consequent to a termination under
clause 8.10 of GDCC and associated clause there under.
8.08 FORCE MAJEURE:
Neither the contractor nor NFL shall be considered in the default in the
performance of its obligation, if such performance is prevented or delayed
because of war, hostilities, revolutions, civil commotion, strike, epidemics,
accidents, fires, cyclones, unprecedented floods, earth quake or because of
any law and order proclamation regulations or ordinance of the government or
any act of God. At the time of occurrence of force majeure, the party whose
capacity to work has been adversely effected shall give an notice in writing
with documentary proof within a period of 15 days from the date of occurrence
of force majeure indicating the cause of force majeure and the period for
which is likely to last. On expiry of state of force majeure, the party shall again
right to other party (with documentary proof) indicating the fact or recession of
force majeure and also mention the period by which the work has affected.
Should one or both parties be prevented from fulfilling their contractual
obligation by the state of force majeure lasting continuously for a period of
more than 6 months. The two parties shall consult each other regarding the
future execution of the contract. No other cause shall be considered to be the
cause of force majeure.
8.09 INSURNACE:
(i) The contractor shall at its own expense carry and maintain insurance as
per Employees State Insurance Act, 1948 (upto date) when applicable for
its employees and shall indemnify and hold harmless NFL from all
liabilities whatsoever on this account. NFL shall retain such sum as may
be necessary from the total contract value until the contractor shall
furnish satisfactory proof that all contributions are required by the
Employees State Insurance Act, 1948 have been paid. This will be
binding on the contractor only when the Employees State Insurance Act
is extended to place of work.
(ii) Reference of Contract/Work order shall be recorded on the cover
note/insurance policy.
(iii) Workmen’s Compensation Insurance Cover should be taken for all the
persons engaged by the contractor.
(iv) Insurance Policy should be for all the full contract period of one year and
shall get extended/renewed for the extended period of contract, if any.
(v) Contract number should be mentioned in the Insurance Policy.
N F L, Nangal unit, Instrument Department, GDCC
GDCC- 34
(vi) Medical treatment should also be covered in the policy in addition to the
workmen compensation as per Act.
(vii) The contractor is required to get the insurance policy endorsed in favour
of NFL in terms of endorsement No.140 extending the policy for
indemnity to principals.
(viii) Third party insurance required, if any, shall be arranged by the
contractor at his own cost.
(ix) The contractor shall not be allowed to put his staff/labour/employees on
work until and unless he obtains insurance cover for all the
supervisors/workers engaged by him. The contractor immediately before
start of work must submit the notarized/photocopy of insurance cover.
8.10 TERMINATION OF CONTRACT IN FULL OR PART:
A) If the contractor:
(i) fails to undertake the job after acceptance of his tender /award of work by
NFL or
(ii) at any time makes default in proceeding with the work in full or in part
with due diligence and continue to do so after a notice in writing of 14
days from NFL or
(iii) become bankrupt or insolvent or
(iv) make an arrangement with or assignments in favour of his creditors, or
inspection of his creditors or
(v) being a company or corporation, go into liquidation (other than a
voluntary liquidation for the purpose of amalgamation or reconstruction)
or
(vi) have an execution levied on his goods or property on the works or
(vii) assign, transfer, sublets the contract or any part thereof, otherwise, than
if any, as provided in the contract or
(viii) unilaterial stoppage of work or
(ix) abandon the contract or
(x) persistently disregard the instructions of NFL or
(xi) fail to adhere to the agreed programme of work or
(xii) if the performance is not satisfactory or
(xiii) contravenes any provision of contract or
(xiv) shall obtain a contract with NFL as a result of offering tendering or other
non-bonafide methods of competitive tendering or
(xv) if the contractor is an individual or a proprietary concern and the
individual or the proprietor dies and if the contractor is a partnership
concerned and one of the partners dies, then unless the accepting
authority is satisfied that the legal representatives of the individual
contractor or of the proprietor of the proprietary concern and in the case
of partnership the surviving partners are capable of carrying out and
completing the contract, the accepting authority shall be entitled to cancel
the contract as to its incomplete part without NFL being in any way liable
to payment of any compensation to the estate of the deceased contractor
and/or the surviving partners of the contractor firm on account of
cancellation of the contract. The decision of the accepting authority that
the legal representative of the deceased contractor or the surviving
partners of the contractor firm cannot carry out and complete the contract
shall be final and binding on the parties. IN the event of such
N F L, Nangal unit, Instrument Department, GDCC
GDCC- 35
cancellation, NFL shall not hold the estate of the deceased contractor
and/or the surviving partners of the contractor liable to damage for not
completing the contract.
B) Without prejudice to any other remedy, NFL reserves its right to adopt
any or several of the following courses.
Award parallel contract and/or
(i) Terminate the contract and/or
(ii) Forfeit the earnest money security deposit and/or
(iii) To get the execution of contract for the remaining period at the risk and
cost of the contractor and/or
(iv) Delist/blacklist the contractor
9.00 ARBITRATION:
In the event of any dispute(s) or difference(s) arising between the parties
hereto as to the construction, interpretation or operation of this contract or the
respective rights and liabilities of the parties such dispute(s) or difference(s)
shall be referred to the Sole Arbitration of the Chief General Manager of
Nangal Unit of the Company or his nominee whose decision in the matter shall
be final and binding upon the parties. There shall have no objection if the
arbitrator so appointed is an employee of NFL and that he had to deal with the
matter to which the contract relates and that in the course of his duties as
such he had expressed views on all or any of the matter in dispute or
difference. The arbitrator shall give a reasoned award if the subject matter of
arbitration is above Rs.1.00 lakh. The venue of arbitration shall be at Naya
Nangal only.
Chief General Manager shall mean the Officer in administrative Incharge of
National Fertilizers Limited, Nangal Unit, Naya Nangal (Punjab) or its
successor entity.
Subject as aforesaid the provisions of India’s Arbitration and Conciliation Act,
1996 and the rules made there under or statutory modification or re-enactment
thereof from time to time shall apply to the arbitration proceedings under the
clause.
9.01 JURISDICTION:
All the causes of action in relation to this contract will be deemed to have been
arisen within the jurisdiction of court of Anandpur Sahib only in the Ropar
District in Punjab.
***
N F L, Nangal unit, Instrument Department, GDCC
GDCC- 36
BID FORM Subject: - Instrument Item Rate Contract for Field Instrument Installation/ Maintenance Jobs at
NANGAL Unit of NFL Name of Work:-------------------------------
NIT No. ------------------------------------- Due for opening on -------------------------- Offer No._________________________ Bidder’s Name & Address _________________________ EMD Details: Amount: Rs. ----------/- DD/ Banker’s Cheque No. Dated: With Reference to your subject NIT, we are pleased to submit our bid in sealed cover as detailed below: Envelope – I: Earnest Money Deposit (Details as stated above) Envelope - II: Technical & commercial bid Signed and stamped copy of NIT documents as a token of acceptance of all terms & conditions of NIT. PF A/C number is mentioned in this envelope. Envelope - III: PRICED BID We undertake that in the event of acceptance of our bid within the validity period of 120 days from the 'closing date of submission of the bid', this bid as modified by mutually acceptable written changes/amendments till date of notification of award, together with your written notification of award shall constitute a binding Contract between us until a formal Contract is prepared and executed.
If I/We fail to keep the tender open as aforesaid or make any modifications in the terms and conditions of the tender which are not acceptable to NFL or if after the tender is accepted, I/We fail to commence the execution of the works, as provided for in the terms and conditions of the contract, I/We agree to forfeit the said Earnest Money absolutely, without prejudice to any of the rights or remedies of NFL. We understand that you are not bound to accept the lowest or any bid that you may receive. We further confirm/clarify as follows:
SL. NO.
DESCRIPTION BIDDER'S CONFIRMATION/ ACCEPTANCE/ COMMENTS
1. Price quoted as per the price schedule of NIT documents Yes/no
2. Firm Prices Yes/no
3. Insurance (as per clause 8.09 of GDCC) Yes/no
4. Terms of Payment as per special terms & conditions of NIT (No deviation is allowed)
Accepted
6. Damages for delay 1% per completed week of delay subject to Max. 10% of Total Contract Value.
Accepted/ Not Accepted
7. Validity: 120 days from the closing date of bid Yes/no
8. All other terms and conditions as per ‘Special Terms & conditions-Technical’ for Erection Job & GDCC
Accepted/ Not Accepted
9. Details of NFL Ex-employees working with Contractor/ Yes/ No/ Not Applicable
10. Relatives of Contractor employed in NFL enclosed Yes/ No/ Not Applicable
11. Copy of the tender documents/bid duly signed on each page Enclosed
Yes/no
12. Statement of Compliance and No Deviation: submitted Yes/no
13. Filled-in Declaration form submitted (for downloading from NFL website)
Yes/ No/ Not Applicable
AUTHORISED SIGNATORIES Dated this -------------day of -------------- 2013