national fertilizers limited fertilizers limited (a govt. of india undertaking)...
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NATIONAL FERTILIZERS LIMITED (A Govt. of India Undertaking)
NayaNangal(Punjab)-140126 India Materials Department
Phone-1887-220548; Fax- 01887-220541
NOTICE INVITING e-TENDER FOR
Strong Base Anion /Acid Cation Resin
LAST DATE OF SUBMISSION OF TENDER :
OPENING DATE & TIME OF TECHNICAL BID :
OPENING DATE & TIME OF PRICE BID :
Tender No. SC/2017/21 Date: 01/08/2017
NATIONAL FERTILIZERS LIMITED
TENDER NO. SC/2017/21 DATE:-01/08/2017 SPECIAL INSTRUCTIONS TO TENDERERS NATIONAL FERTILIZERS LIMITED (NFL), Naya Nangal, a Govt. of India Undertaking referred to herein as the
Owner intends to procure STRONG BAS ANION RESIN AND STRONG ACID CATION RESIN for its Plant located at Naya Nangal (Punjab). The pre-qualified manufacturers are invited to submit their online tender in “SINGLE PART BID PROPOSAL” for the said Scope of Work through e-Tendering. Methodology for submission of proposal has been detailed here under in this document. 1. The procurement shall be made through e-tendering process. The offers in this process are required
to be submitted electronically in place of offers in 'hard copy under sealed envelope' as being done conventionally.
2. In case the Earnest money deposit is preferred to be deposited by way of demand draft, then the DD must reach us before the techno-commercial opening (as per tender schedule) though vendor is required to enter the DD no. and other related details on- line. In case vendor fails to submit the Requisite EMD, prior to bid opening (as per tender schedule), the offer is liable to be rejected and may not be opened.
3. The system requirements to participate in the e-tendering are as under:
I. Software 1. Operating System Required:-
Window 7 Ultimate
Window 7 Professional
Window 7 Enterprises
Window XP (Service Pack 3 and Above) 2. Mozilla Firefox and Google Chrome
3. Java 7 Update 67 (Updated 32 bit Java version & above) 4. Installation of Digital Certificate setup (NxtCryptoSetup.msi), available under system requirement link at https://nfl.etenders.in , using Administrator user access.
II. Digital Certificate For performing e-commerce, class II and above (organization) Digital Certificates is required. The digital certificates are being provided by many Govt. approved agencies. However, for your convenience we have also made arrangement to provide the digital certificates through our service provider :
Name Email/Address Contact No.
Mr. Aziz Kariyania
Adweb Techno Trade Pvt. Limited, 309, Krishna Commercial Centre, 6, Udyog Nagar, Off S. V. Road, Goregaon (West), Mumbai-400 062
022 28790311 98203-98781, 92234-00489
III. Hardware
Minimum 1 GB RAM
At least 80 GB hard disk
Processor i3 or equivalent
IV. Internet Internet Speed of 512 Kbps or above
V. Java Settings Scroll down to medium by clicking on Control Panel
Scroll down to medium by clicking on Control Panel → →
→ Right click on Java
→ Select Open
Click on Security tab Scroll down to medium
Once the above pre-requisites are configured / available in the system, user can click on https://nfl.etenders.in/ and the eProcurement portal will be available as per the screen given below:
STEPS TO LOGIN: Option 1: If Login ID of old Service Provider already exists: a. Bidders enrollment details available with old service provider have been ported to the new portal b. You are requested to visit the new portal for updation of your profile, mapping of
Digital Signature and for bidding process, by using your credentials received vide email [email protected]
Option 2: If NEW Login ID is to be created: a. Provide URL:- https://nfl.etenders.in b. Please click on “Portal Enrollment for New Bidder” for portal enrollment. c. Fill up the form with required details then submit.
d. You will receive a activation email on the email provided at the time of enrollment.
e. Activate your enrollment/LOGIN ID by clicking on the link provided in the Activation email. f. You are required to upload the relevant document in support of your enrollment and map your
digital certificate for completion of enrollment.
THERE ARE NO CHARGES FOR SUPPORT OR REGISTRATION FOR THE NFL e-TENDERING PORTAL. VENDOR NEED TO HAVE A VALID DIGITAL SIGNATURE CERTIFICATE MINIMUM CLASS II {Signing + Encryption}.
A. NFL (For Tender Details):-
Mr. RANJIT SINGH, DY.MANAGER (Purchase), National Fertilizers Limited; Naya Nangal-140126 Phone: 01887-220568; Fax:01887-220541 Mob : 9417730932; Email: [email protected]
B. Our Service provider (For e-Tender Process/Procedure related):
Nextenders(India) Pvt. Ltd;MumbaiOffice:YuchitBunglow, Juhu Tara Road, Juhu,Mumbai-400055 Name – Mr. JayPrakash Prajapati [Sr.Project Manager] Mobile - +91 09926303517 Email - [email protected]
Supporting Team Contact Person E-mail/Address Contact No. Mr. Sanjay Kumar [email protected] 87430-42801 Mr.ParteekParashar [email protected] 9811038892 Ms.BarkhaHassija [email protected] 088799-76220 Mr.M.K.Prasad [email protected] 077026-99976 Team of 13 persons working in shifts from 9am till 8pm Saturday ( 9 AM to 6 PM)
[email protected] 020-3018-7500
4. The tenders will be opened electronically by us from our Nangal office. 5. The tenders will be submitted online on the web site https://[email protected] 6. No oral, telephonic, telegraphic tenders or tenders submitted in hard copies/physical form will be
entertained. 7. All tenders should be submitted online digitally signed and sealed by using digital certificate. 8. Tenderers are requested to scrutinize the terms and condition of this tender thoroughly along with
the General Terms and condition etc. as given in tender documents. 9. No amendment to the tender would be admissible under any circumstances, whatsoever after the
closing date and time of receipt of tenders. 10. NFL takes no responsibility for delay, loss or non-receipt of EMD sent by post/courier. 11. NFL reserves the right to reject or accept any tender without giving any reason.
12. The bids not accompanied with the requisite Earnest Money may not be opened. 13. SYSTEM FAILURES AND REMEDIAL MEASURES THEREOF/COURSE OF ACTION TO BE FOLLOWED;
NFL shall make all out efforts to rectify the problem(s) leading to system failure during the live tendering. However in case the system could not be restored within the reasonable time period as deemed fit by NFL, the following remedial measures shall be taken under such an eventuality:
1. Tender is prepared and released but vendors are not able to submit their bids.
The due date of closing/opening shall be extended suitably.
2. Bids have been submitted but the same cannot be opened by NFL.
The due date of opening shall be extended suitably.
14. The activity defined for vendors are Download of Tender document, Bids Preparation and Hash
Submission, Re-encryption of Online bid and Uploading of bids.
15. During the Download sequence, the vendors who have been invited will be able to download the main tender document and the supporting documents.
16. During the Bid Preparation and Hash Submission Stage, the bidders who have downloaded the
tender document during the previous sequence will be preparing their bids and submitting their bid signed hashed online. Additionally, hashes will be generated for each single document (files) that is committed to be part of the bid. The bids will be prepared and hashes will be generated and signed envelope-wise. The signatures will be done digitally using DCs.
17. During Re-encryption of Online Bid sequence the bidders will re-encrypt their bid data and upload
the documents for which hashes have been generated and submitted during the bid preparation and hash submission stage. The bids will be re-encrypted with the public key of the proprietary key pair that has been assigned to this tender.
18. GSTIN Nos. of NANGAL Unit: 03AAACN0189N2ZD & PAN no.AAACN0189N
19. The offer shall be submitted, electronically as per following schedule: Tender Schedule
Sr. No. Tender Stage Date & Time
1 Start Document Download 09.08.2017 15:00
2 End document Download 21.08.2017 21:00
3 Due/ Submission Date 21.08.2017 21:00
4 Techno commercial Bid Opening 22.08.2017 10:00
5 Price Bid Opening 22.08.2017 10:00
Other Terms and Conditions 1. The description of required item is as under;-.
Sr. No.
Material Code
Description Unit Qty.
1 2771018 STRONG BASE ANION RESIN LT 6000
2 2771017 STRONG ACID CATION RESIN LT 6000
NOTE; IF THE OFFER IS SUBMITTED BY A BIDDER ON BEHALF OF THEIR PRINCIPAL, A VALID
AUTHORIZATION CERTIFICATE MUST BE SUBMITTED ALONGWITH THE OFFER.
2. POSTPONEMENT OF TENDER OPENING DATE NFL reserves the right to postpone the tender opening date and/or time and will intimate all the tenderers well in time, of such postponement along with notice of revised opening date and time.
3. Offers not submitted as per instructions are liable to be rejected.
4. Rates must be quoted in the ‘Unit of Measurement’ as per our NIT i.e. in Litre.
5. Tenderer must confirm that they have provided detailed break up of landed price, i.e. amount of
basic rate, Packing Charges, GST, freight, etc. have been separately shown in the price bid.
6. No enhancement of rates will be allowed once the quotation is accepted and the order is placed.
Withdrawal from the quotation after its acceptance will entail forfeiture of earnest money, if any, and/or risk purchase without prejudice of our rights of legal remedies.
7. NFL reserves the right to accept or reject at its sole discretion any bid/ all bids in whole or part &/or
except other than lowest bid without assigning any reason thereof 8. VALIDITY:
Price and delivery quoted by you must be firm and valid for a minimum period of 90 daysfrom the
due date of opening of quotation.
9. EARNEST MONEY DEPOSIT (EMD):
EMD can be submitted in the form of :
(i) e-transfer in NFL account through RTGS/NEFT.
Our Bank account details are as under: -
Bank Name :State Bank of India, Naya Nangal Account No.: 011070992603 (Cash credit A/c) IFS Code : SBIN0000689 MICR : 140002304
or
(ii) Bank Guaranteein the prescribed format from any scheduled Bank excluding Gramin/Co-op Banks. The BG should be valid for a period of minimum 3 months and the party should give an undertaking for extension of the validity of the BG in case the same is desired by NFL. (Annexure-Bid Security (EMD) Performa)
Supplier/Contractor may be instructed specially to inform the UTR No. with
Name of supplier in order to have hassle free transaction details. No interest shall be payable on Earnest Money Deposit.
1.1 Vendors are required to ensure that Earnest Deposit of `15000/- (Rupees Fifteen Thousand Only) must reach us before due date & time of tender opening failing which their offer may stands ignored.
1.2 Forfeiture of EMD : Earnest money will be forfeited at the sole discretion of NFL, in case tenderer after opening of tender, either wholly or in part, refuse to accept the Purchase Order or changes any of the conditions of the tender or changes the quoted rates and/or terms and conditions of the tender within validity period. If the successful tenderer does not deposit the security as stipulated in the Purchase Order, EMD will be forfeited without further reference.
1.3 Earnest Money deposit of the unsuccessful tenderers will be returned as early as possible after
finalization of the tender.
1.4 Earnest Money Deposit will not carry any interest.
1.5 The tenders submitted without Earnest Money Deposit may be summarily rejected without any further reference.
10. SECURITY DEPOSIT
SD can be submitted in the form of e-transfer in NFL account through RTGS/NEFT. Our Bank account details are as under: -
Bank Name :State Bank of India, Naya Nangal Account No.: 011070992603 (Cash credit A/c) IFS Code : SBIN0000689 MICR : 140002304
Or i) Bank Guaranteein the prescribed format (Annexure-IV) from any scheduled Bank excluding
Garmin/Co-op Banks. The BG should be valid for the Delivery Period plus 3 months’ claim period.
1.1 The successful tenderer shall be required to furnish non-interest bearing Security Deposit @ 10% of the value of the order after adjusting EMD (if already submitted) in the form of e-transfer/Bank Guarantee from nationalized/scheduled bank excluding rural & co-operative bank covering delivery period plus 3 months claim period. Bank guarantee must be directly sent by your banker to NFL.
1.2 The Security Deposit will be retained by NFL during the currency of contract or till settlement of all the accounts thereof, whichever is later. In case any dispute or difference not settled within
the validity of Bank Guarantee, tenderer will arrange to get the Bank Guarantee extended as asked for by NFL, else NFL, at its sole discretion may call upon the Bank to pay the whole or part of the amount of Bank Guarantee.
1.3 The above deposit will be deemed to be security for the faithful performance of the contract and
for the purpose of Section 74 of the Indian Contract Act, 1872 and for the extension of that section. In the event of any breach of any terms and conditions of the contract, NFL will have the right to encash the Bank Guarantee/Security Deposit either the whole or part of value of Bank Guarantee or Security Deposit and tenderer will make good the value of Bank Guarantee/Security Deposit to the extent of the amount so drawn within 15 days of receipt of intimation from NFL to this effect.
1.4 The amount so drawn will not in any way effect any remedy to which NFL may otherwise be
entitled or any liability incurred by tenderer under the contract or any law for the time being in force relating thereto or bearing thereupon.
1.5 In the event of the forfeiture of whole or part of the security deposit, the tenderer will deposit
further sum/sums, so as to maintain the full security deposit amount.
1.6 The security deposit will be refunded after contract has been successfully completed. It will be lawful for NFL, if any difference or dispute is likely to exist, to defer payment of the security deposit or any portion thereof which may be due for release until such difference and dispute had been finally settled or adjusted.
1.7 The security deposit will not carry any interest.
11. DELIVERIES/LIQUIDATED DAMAGES:
Bidder shall quote the minimum guaranteed delivery period. 1.1 If the material is not delivered as per specified schedule, NFL reserves the right to either:-
i. In case of delay in supplies;- accept the goods at its sole NFL discretion after charging
liquidated damages @ 0.5% per week or part thereof of the value of stores not delivered, subject to maximum 5% of the order value Plus Service Tax on LD at the applicable Rate shall be recovered. However, we reserve our right to cancel the order and/ or purchase the material in open market on your account and at your risk in case of delay in supplies or
ii. Treat the delay as default of Purchase Order and forfeit security deposit, terminating the Purchase Order forthwith and taking, other action/s against the supplier, within the provisions of the Purchase Order.
12. Subsequent to an order being placed against your quotation, received in response to this ‘enquiry’ if it
is found that the materials supplied are not of the right quality or not in accordance with our specifications (required by us) or received in damaged or broken conditions, not satisfactory owing to any reason of which we shall be the sole judge, we shall be entitled to reject the materials, cancel the contract and buy from the market/other source and recover the loss, if any from the supplier reserving to our self the right to forfeit the security deposit, furnished by the supplier against the contract. The supplier will make his own arrangements to remove the rejected materials within a fortnight of instruction to do so. Therefore, materials will be lie entirely at the supplier’s risk and
responsibility and storage charges, along with any other charges applicable, will be recoverable from the supplier.
13. The manufacturers, or their authorized representatives, quoting for items of machinery and equipped must state in their quotations whether they are licenced under the industries (Development & Regulations) Act, 1951 for the production of the equipment and arrangements (are) proposed for assembly and supply.
14. We reserve the right to reject the quotation in full or in part without assigning any reason thereof. We also reserve the right to split and place order on more than one suppliers.
15. In case, due to some unforeseen circumstances, the date of receiving/ opening of the tender happens to be a holiday/ closed day, the tender will be received and opened on the next tender opening working day.
16. PAYMENT TERMS:
100% payment of material supplied will be made within 30 days subject to receipt, acceptance of material at our site by way of Electronic Fund Transfer (EFT). You will inform your bank account no., name and place of branch and branch code no., so that your payment can be released through EFT Any Bank Charges for this facility of direct credit by State Bank of India, to their bank account will be borne by the party/ tenderer.
We have our account with State Bank of India (SBI), Naya Nangal, who have Electronic Fund Transfer (EFT) facility, in its Naya Nangal branch and some other important branches. In case, you have your account with SBI, in a branch having EFT facility, you may inform your bank account no., name and place of branch and branch code no., so that your payment can be released through EFT Any Bank Charges for this facility of direct credit by State Bank of India, to their bank account will be borne by the party/ tenderer.
17. GUARANTEE/WARRANTY CERTIFICATE:
“You shall have to furnish a Guarantee / Warranty Certificate for your products against defective material / bad workmanship for a period of 12 months from the date of commissioning or 18 months from the date of dispatch, whichever is earlier. In case the material fails during the above Guarantee period due to defective material or bad workmanship, you will have to replace the same free of cost. Certificate must accompany the dispatch documents”.
18 LOADING CRITERIA:
The tenderers must accept the terms and conditions stipulated in NIT failing which the offer is liable to be rejected at the sole discretion of NFL. NFL however, may at its sole discretion accept offers having deviation to NIT terms and conditions in respect of EMD, Security Deposit, PBG,Liquidated Damages, Payment Terms, Warranty/Guarantee etc. by adopting the stipulated loading criteria as under:- A. Offers received without EMD:
EMD amount (absolute value), as required in the NIT shall be loaded on landed cost of total offer value
B. Non-submission of SD:-
The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder, for example, NIT calls for bank guarantee for 10% then loading shall be done as under:-
C. If deviation is noted in the quoted damages, the proportionate loading for shortfall shall be adopted, for example NIT calls for 0.5% per week subject to maximum of 5% of the total order value (basic price), loading criteria shall be as under:-
Quoted Damages Loading criteria
a) 0.5% per week subject to a
ceiling of 5% of total order
value (basic price) (As per NIT).
No loading
b) 0.5% per week subject to a
ceiling of 2.5% of total order
value (basic price).
2.5% loading of basic price.
c) Damages accepted on
undelivered value instead of
total order value.
2.5% loading of basic price
d) Non-acceptance of damages 5% loading of basic price
D. Payment Terms: “If Deviation in Payment Terms: NFL will not make any advance/progressive payments. In exceptional cases, advance/progressive payments can be agreed subject to payment of interest @ SBI PLR + 1% and submission of acceptable unconditional Bank Guarantee (BG) of equivalent amount (including interest amount) as per ‘NFL’ format. The BG shall have sufficient validity, i.e., quoted delivery period + three months. For any advance/progressive payments guidelines of CVC shall be followed.
The deviation in differential payment terms with respect to NIT clause shall be loaded as under for interest @ prime lending rate (SBI PLR) + 1% for the period: (a) InterestcalculationagainstMobilizationAdvance.
SN PaymentTerms Periodof Loading 1. AdvanceagainstLOI/PO Fulldeliveryperiod+30days
(b) Interestcalculationonprogressivepayment. InterestonProgressivepaymentshallbecalculatedonFOB/Ex- works pricefor thefollowingperiod:
SN. PaymentTerms PeriodofLoading
Bank guarantee for SD Loading Criteria
Less than 10% (10% -(Minus) (quoted percentage) of basic price @
PLR(SBI PLR+ 1%) on shortfall in BG value agreed by
bidder for delivery period with additional one month
period.
1. Against submission of Drawing. Fulldeliveryperiodlessonemonth.
2. Againstdrawingapproval Fulldeliveryperiodlesstwomonths.
3. AgainstplacementofPO forrawmaterial
a)If deliveryperiod<8months Full delivery period less two months.
b)If deliveryperiod>8months Full delivery period less three months.
4. AgainstShipmentofraw materials.
Fulldeliveryperiodlessfivemonthsor fivemonthswhicheverismore.
5. Against Receipt ofraw materials.
Fulldeliveryperiod less is monthsor four months,whicheverismore.
6. Against Paymentfor dispatchof materials / through bank
6a ForeignBidders Threemonths
6b IndianBidders Depending on Delivery conditions
viz.Ex-works –oneandhalfmonths FOR
destination–onemonth
7. Against Payment within 30days
Nil
-Interestwillalsobechargedonadvancepaymentifsuppliesget delayedbeyonddeliveryschedulestipulated inthe P.O. -*Interestoninterest-freeadvancepayment, ifinsistedbythebidder,shallbeloadedatapplicable primelendingrate(SBIPLR) +1% or asmaybeindicatedinthebiddingdocuments.
E. Warranty/ Guarantee Period:- If bidders quote reduced Warranty period, following loading criteria shall be adopted:-
[10% of Basic Price x (No. of Months as per NIT – No. of Months quoted)]/ No. of months as per NIT.
19 The Tenderer must Quote The Rates on F.O.R. Nangal Basis and material is to be despatched on Freight Paid Basis, to Nangal through following Transporters (I) TCI-Freight (Ii) ETO (Iii ) Kamal Goods Carriers ( Iv) Bharat Motor Transport Company (V ) Northern Carriers ( Vi ) Chadha Golden Transport Co., (Vii ) Amritsar Transport Co. All the columns of Price Bid must be filled in properly.
20 If for any reason, prices tendered are for delivery F.O.R. forwarding station, the freight charges together with the gross weight of the material should be clearly mentioned in the quotation. In case the rates quoted are ex-godown/ex-factory, the packing and forwarding charges, if leviable, may be specifically indicated.
21 In case GST is chargeable extra, the rate of the same applicable must be clearly mentioned in the
quotation. Tenderers must also mention their GST Regn. No. & HSN Code No. of item in the quotations.
22 The total landed rate(s) including Transportation Charges will remain firm till the complete execution
of the order. No revision in rate(s) will be allowed except for any increase/decrease in rates of statutory levies and duties, such as, GST.
23 GST portion of the invoice shall be reimbursed only against submission of documentary evidence of having deposited the same. In case, supplier is a dealer, he shall have to submit the invoices issued from manufacturer for supplies on account of NFL, as evidence of having deposited the GST.
In this case the GST shall be reimbursed on the basis of GST actually deposited subject to maximum of GST Amount applicable on the Basic Price contracted by NFL with the supplier.
24 No escalation will be allowed due to any increase in GST in case of extension sought by the parties
beyond stipulated delivery period.
25 It shall be certified by the tenderer that none of blood relation of the owners/directors is participating in this tender in the name of other firm.
26 The tenderer shall quote the price strictly as per the Price Bid Format for e-Tendering Annexure-B.
Parties should quote one rate for specific quantity quoted by them. Tenders with quotation of different rate for different quantities shall be rejected without any further reference. All the columns of Price Bid must be filled in properly.
27 NFL will have the right to issue addendum to tender documents to clarify, amend, modify, supplement
or delete any of the conditions, clauses or items stated. Addendum so issued will form part of original invitation to tender.
28 FORCE MAJEURE: The delivery period indicated in the Purchase Order should be strictly adhered to
and normally no extension in the delivery would be granted. However, if any time during the currency of the contract, the performance in whole or in part by either party or any obligation under the contract shall be prevented of delayed by way of any war, hostility, act of public enemy, civil commotion, sabotages, fires, floods, explosion, epidemics, strikes, lock – out or acts of God, provided notice of any such happening is given by either party to the other within 21 days from the date of occurrence thereof, neither, party shall, by reason of such event, be entitled to terminate the contract nor shall either party have any claim for damage against the other in respect of such non-performance or delay in performance and deliveries under the contract shall be resumed as soon as practicable after the event has come to an end, ceased to exit, provided that if performance in whole or part of the contract is prevented or delayed for a period exceeding 60 days either party may at its option terminate the contract.
29 ARBITRATION:
The contract shall be governed by and construed in accordance with the laws of India. 1. FOR INDIAN PARTIES:
1.1 “Except where otherwise provided in the contract all matters, questions, disputes or differences
whatsoever, which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract or out of the matters relating to the contract or the breach thereof or the respective rights or liabilities of the parties whether during or after completion of works or whether before or after termination, shall after written notice by either party to the contract be referred to Designated Unit Head/E.D./Functional Director/Chairman & Managing Director, National Fertilizers Ltd, for appointment of arbitrator.(appropriate designated authority may be inserted as per contract value)
The Arbitration proceedings shall be Governed by the Arbitration & Conciliation Act, 1996. The Arbitration & Conciliation (Amendment Act 2015) or any further statutory modification or re-enactment thereof and the rules made thereunder.
If the arbitrator to whom matter is referred, vacates his/her office by any reason whatsoever
then the next arbitrator so appointed by the authority referred above may starts the proceedings from where his predecessor left or any such stage he may deem fit.
1.2 It is agreed by and between the parties that in case a reference is made to the Arbitrator or the
Arbitral Tribunal for the purpose of resolving the disputes/differences arising out of contract by and between the parties hereto, the Arbitrator or the Arbitral Tribunal shall not award interest on the awarded amount more than the rate of SBI PLR/Base Rate applicable to NFL on date of award of contract.”
1.3 Schedules of the The Arbitration & Conciliation (Amendment Act 2015):-
(a) The Fourth Schedule of the said amendment Act prescribes for model fees. However, this should be taken as upper cap of the fees, and fees should be most reasonable keeping in view facts, nature, issues involves in the matter. Copy of The Fourth Schedule is annexed herewith as Annesure-1.
(b) The Fifth Schedule of the said Amendment Act prescribes about the circumstances which
give rise to justifiable doubts as to the independence or impartiality of an arbitrator as such same should be taken care of while appointing Arbitrator Copy of the Fifth Schedule is annexed herewith as Annexure-2
(c) The sixth Schedule prescribes a performa of declaration by Arbitrator. Copy of the said
sixth Schedule is annexed herewith as Annexure-3.
(d) The seventh Schedule provides circumstances in which a person shall be ineligible to be appointed as an Arbitrator. As such same should be taken care of while appointing Arbitrator Copy of the said Seventh Schedule is annexed herewith as Annexure-4.
1.4 In relation with previous contracts, having previous Standard Arbitration clause, containing
provision of nomination of employee as an Arbitrator has become non operative hence, Appointing Authority should not nominate NFL’s employee as an Arbitrator.
2. ARBITRATION FOR FOREIGN VENDORS/PARTIES
Arbitration provisions in accordance with the rules of International Chamber of Commerce (ICC) will be applicable which may be as under:- “All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, India by one or more arbitrators appointed in accordance with the said Rules.”
3. Applicable where contract is awarded to Public Sector Enterprises/Government Department:-
In case of Contract with other PSEs / Government Department as described in circular NFL/LAW/64 dated 17.03.2016 the arbitration shall be through PMA,DPE. For ready reference, The Arbitration Clause in that case shall be as follows:- In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India In-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the disputes will share equally the cost of arbitration as intimated by the Arbitrator.
30 JURISDICTION:
All actions at law or suits arising out of or in connection with this contract or the subject matter thereof will be instituted in a court situated at Ropar in Ropar District of Punjab.
31 The supplier shall indemnify and legally protect NFL and/or its employees against all claims, actions, proceedings, demands, costs, expenses, causes of action or suits arising out of incidental to and/or consequent upon the services provided by the seller under the contract or due to the failure of the seller in performance of his/its obligations under the contract.
If the NFL is called upon to make any payments as aforesaid due to any act or omission or failing of the seller, NFL shall be entitled to recover the said amount from any security or other guarantee available with the NFL under the contract.
32 The seller shall comply with all Central/State Laws as well as the rules, regulations, by-laws as may be
in force, from time to time. Any failure on their count on the part of the seller and the consequence thereof shall be solely on account of the seller. Liability, if any, under this head shall be solely borne and paid for by the seller.
33 Tenderer must confirm that none of NFL’s ex-employee is employed with them (In case any ex-employee of NFL is employed furnish details separately.)
34 Tenderer must confirm that they have not been de- listed /black listed in any unit of NFL.
35 MSMED ACT 2006: You must confirm that whether you are registered as micro / small / medium
enterprises under MSMED Act-2006 and furnish copy of the registration certificate. I. Micro:- investment in plant & machinery= upto 25 lacs or II. Small:- investment in plant & machinery = above 25 lacs & less than 5 crores or III. Medium:-investment in plant & machinery = above 5 crores & less than 10 crores.
36 ANY EXCEPTIONS/DEVIATIONS TO THE NIT SHALL BE SPECIFICALLY STATED.
37 CLEAR UNDERSTANDING:
When a tenderer submits his tender in response to this tender document, he will be deemed to
have understood fully all requirements, terms and conditions. No request will be entertained on
a pretext that the tenderer did not have a clear idea on any particular point and/or a clause of
the tender.
38 PACKING OF MATERIAL: The material should be properly packed in 200 Litre Capacity New
HDPE drums with internal polythene liner. There should be no leakage/spillage of material/water
from the drum because the resin is kept wet all the times it is preserved.
39 Party to furnish a valid Dealership/ Authorization Certificate from their Principal (in case offer is submitted by a dealer).
40 No road permit is required in the State of Punjab.
41 Any Other Comment / Information /Remarks :No Deviation to the terms & conditions of NIT is
allowed. The offer with any condition / deviations may be rejected at Sole option of NFL.
However Vendor may offer comments or deviations if any.
42 You must specifically confirm each clause of this NIT. In case, you do not comment on any of the
clauses, we shall presume that the same has been accepted by you unconditionally. Deviation, if
any, must be mentioned explicitly. However, in case of any deviation from our above said terms
& conditions, we reserve our right either to ignore your offer or load the same suitably at our
sole discretion.
43 "If a tenderer resorts to any frivolous, malicious or baseless complaints/ allegations with an
intent to hamper or delay the tendering process or resorts to canvassing/ rigging/ influencing the
tendering process, NFL reserves the right to debar such tenderer from participation in the
present/ future tenders up to a period of 2 years."
44 Party to mention full contact details (Such as Name of the Contact Person,Mob./ Phone, e-mail
etc.)
(Ranjit Singh) Dy.Mgr.(Purchase)
TECHNO-COMMERCIAL BID TEMPLATE
ITEM: Strong Base Anion/Acid Cation Resin
Sr. No.
NFL Requirement as per NIT Vendors Comment (Agreed / If not Agreed, Please Comment)
1 Sr.No. Description of Material Qty. In
Ltr.
i STRONG BASE ANION RESIN 6000
ii STRONG ACID CATION RESIN 6000
2 Type of Tender SINGLE PART
3 Basis of Price THE TENDERER MUST QUOTE THE RATES ON F.O.R. NANGAL BASIS GIVING PRICE BREAK UP AS PER PRICE BID TEMPLATE.
4 Earnest MoneyDeposit (EMD) ` 15000/- 5 Security Deposit 10% of P.O. Value
6 URN No. Detail In case EMD submitted through NEFT/RTGS, URN No. for the same.
7 Offer Validity 90 Days
8 Payment Terms 100% within 30 days subject to receipt &Acceptance of Material at our Site.
9 Mode of Payments Electronic Fund Transfer (EFT )/ RTGS only.
Tenderer/Party is requested to provide their 11 digit
Core Banking Account No., enabling NFL to arrange the
transfer of due payment in their account directly
through our SBI Branch situated in Naya Nangal
complex. Any Bank Charges for this facility of direct
credit by State Bank of India, Naya Nangal to their bank
account will be borne by the party/ tenderer.
10 Guarantee/Warranty “You shall have to furnish a Guarantee / Warranty Certificate for your products against defective material / bad workmanship for a period of 12 months from the date of commissioning or 18 months from the date of dispatch, whichever is earlier. In case the material fails during the above Guarantee period due to defective material or bad workmanship, you will have to replace the same free of cost. Certificate must accompany the dispatch documents”.
11 Firm Prices Vendor to confirm that Total Landed Rate including Packing & Transportation Charges will remain firm till the complete execution of the Order. No revision in rates allowed except for any increase/decrease in rates of statutory levies and duties such as Excise Duty and/or Sales Tax/VAT .
12 Delivery Period Vendor to confirm the minimum guaranteed delivery period.
13 Packing of Material The material should be properly packed in 200 Liter Capacity in New HDPE drums with internal polythene liner. There should be no leakage/spillage of material/water from the drum because the resin is kept wet all the times it is preserved
14 Liquidated Damages for Delay in Supply
1/2 % per week subject to Maximum 5 % of Delivery Order Value ( As per Clause no.10 of other terms and condition
15 GST Tenderer to confirm rate of GST(%), if applicable.
16 HSN Code Please, indicate HSN Code of Item
17 Freight Charges FREIGHT CHARGES (IF ANY).
18 MSMED Registration Whether registered under MSMED Act, 2006. If YES, state the category i.e. Micro/ Small/ Medium Enterprises.
19 Relationship A) None of NFL Employee is related to Owner / Director of Firm (B) None of Ex-Employee of NFL is employed with vendor Firm.
20 Black-listing/ Delisting That the bidder’s, their Associates, Sister concern etc. have not been blacklisted by any institutional agencies/ Govt. department/ Public Sector Undertaking in the last two years. In case of any concealment of any fact, if detected later on such tenderer will be debarred from all future dealing with NFL.
21 Dealership/ authorization Cert. Party to furnish a valid Dealership/ authorization Cert.
from their Principal (in case offer is submitted by a
dealer).
22 Any Other Comment / Information /Remarks
No Deviation to the terms & conditions of NIT is allowed. The offer with any condition/deviations is liable to be rejected at Sole option of NFL. However Vendor may offer comment, if any.
23 Specifications of materials as per Annex.I & II
Vendor to confirm that the quoted material will be as per our Annex. I & II Specifications attached.
24 Vendor Contact details
Party to mention full contact details (Such as Name, Phone, e-mail etc.)
25 Reference/Quotation No. You may furnish here your reference/offer no. Of this tender for proper linkage in future correspondence.
26 NOTE If the subject material is not in your Manufacturing/Product range, please send regret mail to [email protected]
27 (A)
OTHERS REQUIREMENT 1. Item No. 1 Strong Base Anion (SBA) Resin is used- a. To remove anions from water after de-gasser. b. In combination with Strong Acid Cation (SAC) in
Mixed-Bed Filter to produce Polished Water.
2. Item No. 2 Strong Acid Cation(SAC) resin is used: a. To remove cations from clarified filter water. b. To remove Cations like free Ammonia from Process condensate/
Steam Turbine Condensate in condensate Polishing Unit (CPU). Normal operating temperature for CPU is 70-75 deg.C.
c In combination with SBA in Mixed- Bed Filters to produce Polished Water.
(B) Resins should be as per specifications mentioned in Annexure-I & II
(C) Quotation of the supplier should include:
i. All specifications and chemical characteristics of Resin as per Annexure-I & II.
ii. Technical literature/ hand out of Resins. iii. Details mentioned under head “
Miscellaneous.” of the Annexure-I & II. iv. Any other relevant information
(D) Submission of Certificate Certificate mentioning Breaking Strength and other Specified parameters should be supplied at the time of consignment dispatch.
(E) Packing of material Material should be packed in 200 ltrs. Capacity New HDPE drums with inside double polythene liner.
(F) Marking on each drum Batch No./ Lot No. , date of manufacturing, quantity, supplier name, drum No., material code and name etc. should be marked legibly on each drum.
(G) Resin shall be accepted subject to Laboratory Analysis in NFL Laboratory confirming to the specified characteristics and conditions as per Annexure-I & II.
ANNEXURE-I
SPECIFICATIONS OF STORNG BASE ANION RESIN
PRODUCT SPECIFICATIONS
1 Ionic Form CL
2 Shape Beads
3 Aspect Macroporous 4 Matrix Polysterene 5 Functional Group Quaternary 6 Bead Size Distribution mm 0.3 to 1.00 7 Effective Size mm 0.45 to 0.55 8 Bulk Density Gm/ltr 660 - 700 9 Moisture Content %wt. 50 - 56
10 Total Exchange Capacity Eq/l 1.2
11 pH range stability 1 - 14
12 Stable Upto Temperature 0C 100
13 Approx. Volume change CI to OH % 11
OPERATING CONDITIONS
1 Operating Temperature, Max. 70-75
2 Operating pH range 1 - 12
3 Regenerant NaOH
4 Regenerant Concentration % 2 - 4
MISCELLANEOUS
1 Colour Pale Yellow 2 Bead Strength Gms/ bead Vendor to specify
3 Permissible Pressure Drop p/m 1.0 Kg/cm2/M bed depth
4 Regenerant Quantity Gm/Ltr of Resin Vendor to specify
5 Storage Condition Stability Vendor to specify
6 Shelf Life Vendor to specify
ANNEXURE-II
SPECIFICATIONS OF STORNG ACID CATION RESIN
1 Ionic Form Na 2 Shape Beads 3 Aspect Translucent 4 Matrix Polysterene 5 Functional Group Sulphonic Acid 6 Bead Size Distribution mm 0.3 to 1.25 7 Effective Size mm 0.55 to 0.65 8 Bulk Density Gm/ltr 800 - 900 9 Moisture Content %wt. 42 – 45
10 Total Exchange Capacity Eq/l 2.0 11 pH range stability 1 - 14 12 Stable Upto Temperature
0C 100
13 Approx. Vol change Cl to OH % 7 OPERATING CONDITIONS
1 Operating Temperature, Max. 75 – 80 2 Operating pH range 1 – 14 3 Regenerant H2SO4
4 Regenerant Concentration % 2 - 8 MISCELLANEOUS
1 Colour Golden Yellow 2 Bead Strength Gms/ 400
bead
3 Permissible Pressure Drop p/m 0.50-0.75 Kg/cm2/M
bed depth 4 Regenerant Quality Gm/ltr 60-150
of
Resin
5 Storage Condition Stability As per MSDS 6 Shelf Life 5 Years
Annexure-B Price Bid Template
ITEM: Strong Base Anion/Acid Cation Resin
Sr. No
Item Description
Qty. [In Ltr.]
Per Ltr Basic Rate (In `)
(1)
Per Ltr P & F
Charges [if any](%)
Per Ltr P & F
Charges [if
any](In `) (2)
Per Ltr GST
(In %)
Per Ltr GST
(In `)
(3)
Per Ltr Freight
upto Nangal
(In %)
Per Ltr Freight
upto Nangal
(In `)
(4)
Per Ltr GST on Freight [if any] (In %)
Per Ltr GST on Freight [if any] (In `)
(5)
Per Ltr Total Landed
Rate In `
(1+2+3+4+5)
1 STRONG BASE ANION RESIN
6000
2 STRONG ACID CATION RESIN
6000
Note: The above quotation has been prepared after taking into account all the terms and conditions of Tender Document Downloaded by us