national fertilizers limited...special instructions to tenderers 1. mode of tendering: national...

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Page 1 of 19 NATIONAL FERTILIZERS LIMITED (A Government of India Undertaking) VIJAIPUR 473 111 DIST. GUNA (MP) INDIA [An ISO 9001:2008, ISO 14001:2004 & OHSAS 18001: 2007 Unit] Fax# (91) 7544-273089 • Tel# (91) 7544-23050/273691 E-mail: [email protected] • Website: www.nationalfertilizers.com पंजीकृ त काया[लय : èकोप काàपलेÈस , कोर III, 7, इंèटȣɪयूशनल एǐरया , लोधी रोड, नई Ǒदãलȣ 110003 • दूरभाष 01124360066 • फै Èस:24361553 Regd. Office: Scope Complex, Core-III, 7, Institutional Area, Lodhi Road, New Delhi 110003 • Tel: 01124360066 • Fax: 01124361553 Corporate Identification No. (CIN): L74899DL1974GOI007417 NIT Ref. No. E-AMC-161213-C1 NIT Date 19-April-2017 Type of Bid SINGLE STAGE SPECIAL INSTRUCTIONS TO TENDERERS 1. Mode of Tendering: National Fertilizers Ltd. has decided to do procurement of Scraper Blades for Salt Scraper against this tender through e-tendering. The NIT will be posted on website https://nfl.etenders.in from where the registered vendors will be able to download the tender documents free of cost for participation in the tender and submit their bids online. The tender submission, tender closing and opening will be done electronically and online. NFL has appointed M/s Nextenders (India) Pvt Ltd., Mumbai as their service provider for carrying out e-Procurement. Also, as per IT ACT 2000, use of digital signatures certificate shall be mandatory for participating in e-tendering process. 2. Special Terms and Conditions: a. The procurement shall be made through e-tendering process. The offers in this process are required to be submitted electronically. b. The Earnest Money Deposit is to be deposited by way of Demand Draft/Bank Guarantee to NFL. Though the Vendor is required to upload the scanned image of DD/BG, however, it may be noted that the DD/BG must reach us before the techno-commercial opening (as per tender schedule). 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. c. The system requirements to participate in the e-tendering are as under:- i. Computer with minimum i3 Processor or equivalent, having 1 GB RAM and 80 GB HDD Capacity ( MINIMUM ) ii. Operating System Required :- - Window 7 Ultimate / Professional / Enterprises / Ultimate - Window XP ( Service pack 3 and above )

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Page 1: NATIONAL FERTILIZERS LIMITED...SPECIAL INSTRUCTIONS TO TENDERERS 1. Mode of Tendering: National Fertilizers Ltd. has decided to do procurement of Scraper Blades for Salt Scraper against

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NATIONAL FERTILIZERS LIMITED

(A Government of India Undertaking) VIJAIPUR 473 111 DIST. GUNA (MP)

INDIA [An ISO 9001:2008, ISO 14001:2004 & OHSAS 18001: 2007 Unit]

Fax# (91) 7544-273089 • Tel# (91) 7544-23050/273691

E-mail: [email protected] • Website: www.nationalfertilizers.com पंजीकृत कायालय :कोप का पले स , कोर III, 7, इं ट यूशनल ए रया, लोधी रोड, नई द ल 110003 • दरूभाष 01124360066 • फै स:24361553

Regd. Office: Scope Complex, Core-III, 7, Institutional Area, Lodhi Road, New Delhi 110003 • Tel: 01124360066 • Fax: 01124361553 Corporate Identification No. (CIN): L74899DL1974GOI007417

NIT Ref. No. E-AMC-161213-C1 NIT Date 19-April-2017 Type of Bid SINGLE STAGE

SPECIAL INSTRUCTIONS TO TENDERERS 1. Mode of Tendering:

National Fertilizers Ltd. has decided to do procurement of Scraper Blades for Salt Scraper against this tender through e-tendering. The NIT will be posted on website https://nfl.etenders.in from where the registered vendors will be able to download the tender documents free of cost for participation in the tender and submit their bids online. The tender submission, tender closing and opening will be done electronically and online.

NFL has appointed M/s Nextenders (India) Pvt Ltd., Mumbai as their service provider for carrying out e-Procurement. Also, as per IT ACT 2000, use of digital signatures certificate shall be mandatory for participating in e-tendering process.

2. Special Terms and Conditions:

a. The procurement shall be made through e-tendering process. The offers in this process are required to be submitted electronically.

b. The Earnest Money Deposit is to be deposited by way of Demand Draft/Bank Guarantee to

NFL. Though the Vendor is required to upload the scanned image of DD/BG, however, it may be noted that the DD/BG must reach us before the techno-commercial opening (as per tender schedule). 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.

c. The system requirements to participate in the e-tendering are as under:-

i. Computer with minimum i3 Processor or equivalent, having 1 GB RAM and 80 GB HDD Capacity ( MINIMUM )

ii. Operating System Required :- - Window 7 Ultimate / Professional / Enterprises / Ultimate - Window XP ( Service pack 3 and above )

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iii. Internet Speed of 512 kbps or above iv. Browsers : Preferred Browsers Mozilla Firefox or Google Chrome v. Adobe Acrobat Profession 6 or above for digitally signing the document vi. Java 7 Update 67 ( Updated 32 bit Java version & above ) – Essential vii. Java Setting

- Download and install Java 7 Update 67 available under ‘Systems Requirement’ Tab on the home page of https://nfl.etenders.in

- After installation, open control panel and click on Java Icon - Click ‘Security’ Tab on the Java Configuration Panel and bring the

Security Level to Medium. Click on edit Site List Tab and add the URL name https://nfl.etenders.in and click ‘Add’ Tab and ‘OK’ Tab

- Open the JAVA Control Panel and Click the Tab’Advanced’ - Select Show Console’ under Java Console - Select ‘Always Allow’ under JNLP File/MIME Association - Select ‘Disable Verification ( Not recommended ) under Mixed code (

Sandboxed vs Trusted ) Security Version

Once the above Pre-requisites are configured/available in the system, users can Click on https://nfl.etenders.in and the e-Procurement Portal will be available.

Viii. Digital Certificate For performing e-commerce, class II and above ( organization ) Digital Certificate required. Digital Signature Certificate ( Class II or Class III Organizational ) are being issued by many Govt. approved (CCA of India ) agencies as per IT Act 2000. For your convenience, we have made arrangements to get the Digital Signature Certificate from our service provider M/s NexTenders( India ) Private Limited on paymentof necessary fees. ix Download and install Digital Certificate setup ( NxtCryptoSetup.msi) available under System Requirement link of home page https://nfl.etenders.in using administrator user access.

d. The above Tender shall be available on URL https://nfl.etenders.in. The interested Vendors shall visit URL https://nfl.etenders.in for downloading of the tender documents, bid preparation, hash submission, bid submission etc. Please refer Bidder Manual which is available on the home page of our Service Provider for system requirement, browser configuration, procedures etc.

3. Tenders are required to be submitted online duly digitally signed and encrypted by using

their digital signature Certificate. 4. Tenderers are requested to scrutinize the terms and condition of this tender thoroughly

along with the general terms & conditions etc. as given in tender documents before proceeding for preparation of Online Bid.

5. No amendment to Tender would be admissible under any circumstances, whatsoever after

the closing date and time of receipt of tenders. 6. The Earnest Money Deposit is to be deposited with NFL by way of Demand Draft/Bank

Guarantee. Though the Vendor is required to upload the scanned image of DD/BG, however, it may be noted that the DD/BG must reach us before the techno-commercial opening (as per tender schedule). 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

7. For any queries regarding e-tendering process, you may contact our Service Provider

M/s. E-Procurement Technologies Limited or NFL. Contact details are as under:

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i. National Fertilizers Limited

i Name: Shri Pradeep Varshney Contact No.: 09425133374 Email: [email protected]

Ii Name: ShriPawan Agrawal, Dy. Manager(Matls) Contact No.: 07544-273050 , 09425761578 Email: [email protected]

ii. M/s. NexTenders ( India ) Private Limited, Mumbai ( For e-Tender

process / Procedure related matters )

Technical Support Contact ( For Vendors ) Name : Desk No 2 Contact No : 091672 46751 Landline No : 020 - 30187500 Email ID : [email protected] For Digital Certificate Support Name : Aziz Kariyania Phone 022-28790311 / 09820398781 / 092234 00489

8. All the vendors participating in the online e-procurement have to abide by the process involved in

the entire workflow of the e-procurement. 9. NFL is not responsible for any mistake made by the vendor at the time of bidding process. In

case any Vendor submits any invalid bid due to any reason whatsoever including typing mistake/human error, such invalid bid will be disqualified and such vendor shall not be allowed to further participate in that tender. The remaining process shall be completed considering the other valid bids.

10. For submitting the price bid through e-Auction, the successful Pre-qualified tenderers will have to

use a Class II or Class III Digital Signature Certificate issued by any India CA approved by CCA of India as per IT Act 2000. The same can also be obtained from NFL’s service provider i.e. M/s. NexTenders ( India ) Private Limited, Mumbai on payment of necessary fees.

11. It is mandatory for the vendors to use the digital certificate in all their bidding Process. 12. It is the entire responsibility of the vendors to protect their own login id and Password and

keep their digital certificate safe so that is not misused by any other person. 13. Tender Schedule:

The notice of issue of enquiry and detailed schedule for downloading the NIT documents, submission of bids, tender closing, tender opening, and subsequent clarification/ amendment in schedule etc. shall be communicated to registered vendors separately by email/fax message by our Service Provider. The same is also available on the above mentioned website against this tender. The Tender Schedule is as under:-

Sr.No. Tender Stage Date and Time 1 Start Document Download 21-04-2017, 15:00 Hrs 2 End Document Download 10-05-2017, 14:30 Hrs 3 Due/Submission Date 10-05-2017, 14:30 Hrs 4 Techno-Commercial Bid & Price Bid

Opening 10-05-2017, 14:31Hrs onwards

Note: After expiry of date & time for a particular activity as mentioned above, that particular

activity cannot be done unless the schedule for the same is extended/ amended. Similarly no activity can be done before start date & time specified for that particular activity unless the schedule for the same is proponed/amended

14. The activity defined for vendors are Download of Tender document, Bids Preparation and Hash

Submission, Re-encryption of Online bid, Uploading of bids.

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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. Tender Opening:

The tenders will be opened electronically by NFL from Vijaipur Office in the presence of representatives of Vendors who wish to attend the price bid opening. The submission of bids may however be done by vendors from their office or from place of their choice or they can visit our Vijaipur Office and use NFL’s facilities for preparation and submission of their bids. However bids cannot be submitted after the bid submission due date & time as per the schedule.

19. The contract shall be finalized on unit rate basis.

20. NFL reserves the right to negotiate with lowest bidder after conclusion of e-tender process at its

sole option. In such case, the negotiations shall be held with lowest bidder only at NFL Vijaipur and prior intimation shall be given by NFL to such bidder.

21. NFL takes no responsibility for delay, loss or non-receipt of EMD sent by post/courier. 22. NFL reserves the right to reject or accept any tender without giving any reason. 23. 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.

24. Name & Address of the Consignee/Unit: Dy.General Manager (Materials) National Fertilizers Ltd.,

Vijaipur-473 111, Dist: Guna (MP)

25. Payment Mode

i) Payment shall be released by ECS (Electronic Clearing System) or EFT (Electronic Fund Transfer) if desired by supplier, provided facility for such payment system is available at NFL Units/Plants. Successful vendors shall provide the requisite details of their Account No., Name& Branch code of Bank, Acceptance/request for release of payment by ECS/EFT, to the Finance and Materials deptt. of concerned Unit/Plant of NFL.

ii) If any supplier wants payment by way of A/c payee cheque or by way of transfer of funds to their account, the supplier should indicate the local bank account number

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accordingly to avail the facility. Such A/c No. will be incorporated in all A/c Payee cheques.

iii) In case payment by A/c payee Demand Draft is insisted by supplier, the DD charges

shall be deducted from the payment due to the supplier and the DD shall be sent through courier service if available otherwise the same shall be sent through speed post. To avoid misuse of DD during transit, it is suggested that parties may give their Bank Account No. which will be optional & the same shall be incorporated in all A/c payee’s Demand Drafts.

26. TIN/C.S.T. Nos. of Vijaipur Unit

TIN NO.23435002504, CST NO. GNA/1363 DT.25-05-1984

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ANNEXURE-I

NIT No.E-AMC-161213-C1

TERMS & CONDITIONS The Specifications of the Scraper Blades for Salt Scraper required by us are enclosed at ANNEXURE-II. Rates have to be quoted on F.O.R. Destination basis and strictly as per Proforma given in the attached Annexure-IV of these Tender Documents. The quoted rates shall remain firm during the validity period of Purchase Order except for variation in statutory levies. The increase in statutory levies if any shall be borne by NFL provided the supplies are as per schedule. However in case of decrease in statutory levies if any, the payment shall be made on actual basis. ONE FIXED BASIC RATE HAS TO BE QUOTED FOR WHICH REQUIREMENT HAS BEEN INDICATED. NFL at its sole option shall have the right to split the quantity and place purchase orders on one or more suppliers for supply of Scraper Blades for Salt Scraper. 1.00 SUBMISSION OF TENDERS 1.01 The tenders will be submitted on line on the web site https://nfl.etenders.in .No oral, telephonic,

telegraphic tenders or tenders submitted in hard copies/physical form will be entertained. 1.02 All tenders should be submitted online digitally signed and sealed by using digital certificate. 1.03 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. 1.04 No amendment to the tender would be admissible under any circumstances, whatsoever after the

closing date and time of receipt of tenders. 1.05 The tenderers must submit/upload online, one set of the tender documents duly digitally

signed by using digital certificates in token of acceptance of all the tender conditions alongwith their techno-commercial bid failing which their tender may not be considered.

1.06 The rates quoted must be 'per NO' basis. 1.07 Tenderers must mention their Sales Tax/VAT Registration No. / PAN / TIN No. allotted by

statutory authorities in the Technical Bid positively. 1.08 In case of non-compliance of Commercial Terms & Conditions of NIT, loading criteria as per

Annexure-V shall be applicable. 1.09 No enhancement of rates will be allowed once the quotation is submitted/ accepted and the order

is placed. Withdrawal of the quotation after its acceptance will entail forfeiture of earnest money, if any, and/or risk purchase without prejudice to our rights of legal remedies.

1.10 No escalation will be allowed due to any increase in duties/levies in case of extension sought by

the parties beyond stipulated delivery period. 1.11 Tenderers shall confirm that they will supply the material securely packed in a good transport

worthy packing so as to avoid damage to the material during transit and storage.

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1.12 The prospective tenderers having any common Partners/Directors/Managing Partners, etc. or having any other common criteria shall be considered as Sister/ Group/ Associates Company, in such cases only one of them will be eligible for participating in the tender.

1.13 One person will be allowed to represent only one company during discussions/ negotiations with

NFL. If same person is representing different companies with authorisation letter from more than one company, such person will be allowed to represent only the first company called for negotiations.

1.14 Tenderers shall confirm that no other Firm/Sister concern/Associate belonging to the same group

is participating/submitting online bid against this tender. 1.15 Tenderers shall confirm that they/their associate or their Sister concerns etc, have not been

Blacklisted by any Institutional agency/GovtDeptt/Public Sector Undertaking in the last two years.

1.16 It shall be certified by the tenderer that none of the NFL employee is related to owners/directors. (In case any relative is working in NFL, furnish details separately).

1.17 It shall be certified by the tenderer that none of NFL’s ex-employee is employed with them. (In

case any ex-employee of NFL is employed, furnish details separately).

1.18 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.

1.19 Should a tenderer or contractor have a relation/s or in case of a firm or Company of contractor’s

one or more of its shareholders or relations of shareholders employed in the N.F.L., the tenderer must disclose the names of such relation/s while submitting his offer, failing which, N.F.L. may at its sole discretion reject the tender or rescind the contract.

2.00 MSMED Declaration:

In case you are registered as MICRO/SMALL Enterprise (MSEs) under Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) promulgated by Government of India, please indicate the relevant category of registration in your offer and also enclose a copy of the valid certificate issued by the concerned authorities as specified by the Ministry of MSME. The Micro and Small Enterprises (MSEs) shall be entitled for benefits under the Public Procurement Policy for Micro and Small Enterprises subject to the terms and conditions indicated in Annexure-A attached herewith.

3.00 CHANGE IN TENDER SCHEDULE:

NFL reserves the right to change/amend the tender schedule (date and/or time) and shall intimate all the tenderers well in time by email/fax/telephonically, of such changes along with notice of revised schedule. However, it shall be the responsibility of the vendor to visit the designated website regularly as per the time schedule to get the details of any such changes, as the same shall be available against this tender on the said website. NFL shall not be responsible if a vendor is not able to participate in any activity related to this tender due to change in tender schedule.

4.00 COMPENSATION FOR SUBMISSION OF TENDERS: The tenderer shall not be entitled to claim any cost, charges, or incidentals for/or in connection with the preparation of and submission of their tenders, though NFL may withdraw invitation to tenders, or reject any, or all tenders without assigning any reason thereof.

5.00 ACCEPTANCE/REJECTION OF BIDS: NFL reserves the right to accept or reject, at their sole discretion, any bid/all bids in whole or in part and/or accept other than the lowest bid without assigning any reasons thereof.

6.00 VALIDITY OF TENDERS: The tenders must be valid for acceptance for 120(One Hundred Twenty Days) days from the tender opening date.

7.00 EARNEST MONEY: NIL

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8.00 SECURITY DEPOSIT: NIL 9.00 CLARIFICATION:

For any clarification against this Invitation of Bid, please contact Dy.Manager Materials on phone no .07544-273050, 09425761578 or Dy.General Manager-Materials on Phone No. 07544-273691/9425133374 .

10.0 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 extra payment will be made on a pretext that the tenderer did not have a clear idea on any particular point and/or a clause of the tender.

11.00 PERIOD OF CONTRACT : The Purchase Order will remain in force for supply of material in One Lot within contractual delivery period.

12.00 DIVIDING THE QUANTITIES BETWEEN SUPPLIERS:

National Fertilizers Limited reserves the right to award the Contracts to multiple suppliers for quantities which will be distributed amongst the tenderers in fair, just and equitable manner at sole and unfettered discretion of NFL.

13.00 The indicated quantity is tentative only. NFL however, does not guarantee for placement of order

for any minimum quantity. DELIVERIES SHALL BE TAKEN IN SINGLE LOT. 14.00 PAYMENT TERMS

The payment of material supplied will be made within 30 days after receipt and acceptance of material our site.

15.00 Excise Duty and taxes shall be reimbursed only against submission of documentary evidence of

having deposited the same. 16.00 ACCEPTANCE/REJECTION OF THE MATERIAL.

The material will be inspected in NFL VijaipurStores after receipt and its report shall be final and binding.

17.00 VARIATION IN QUANTITY 17.01 Measurement of NFL will be final and binding on the supplier. 17.02 In case shortage in quantity, the recovery shall be affected for the total actual shortage in

quantities. 18.00 DELIVERIES/LIQUIDATED DAMAGES 18.01 Vendor to indicate shortest & firm delivery period for supply of material from date of issue of

Purchase Order. 18.02 If the material is not delivered as per specified schedule, NFL reserves the right to either:-

(i) Purchase the material from OPEN MARKET at the risk and cost of the supplier.

(ii) Accept the goods at its sole discretion after imposing the penalty @ ½% (half per cent) of

the invoice value (Basic price only) of the delayed quantity for every week or part thereof, of the period of such delay from delivery schedule, subject to a maximum of 5% of the PO value, (Basic Price) or

(iii) 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.

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19.00 TRANSIT INSURANCE, TRANSPORTATION 19.01 TRANSPORTATION

The responsibility of transportation and safe delivery of Scraper Blades for Salt Scraper from your works to NFL Vijaipur Stores/Guna (MP) shall be yours.

19.02 We shall put in our best efforts to unload the material on priority on working days. But in case of delay, we shall not pay any detention charges.

19.03 Transit Insurance will be arranged by NFL.

20.00 SUBLETTING OF CONTRACT:

The successful tenderer shall not assign or sublet the contract or any part thereof or assign any rights or delegate any obligation there under without prior written consent of NFL. In the event of the successful tenderer subletting or assigning the contract or any part thereof without such permission, NFL shall be entitled to cancel the PO/Contract and to purchase the goods elsewhere and successful tenderer shall be liable to NFL for any loss or damage which NFL may sustain in consequence or arising out of such purchases. Even in case subletting is permitted, NFL shall not recognize any contractual obligation with the person or party to whom subletting is permitted and shall look to the successful tenderer for satisfactory and due and proper fulfillment of the contract.

21.00 FORCE MAJEURE

Neither party shall be considered in default in the performance of their obligations under the contract, if such performance is prevented or delayed or restricted or inferred with by reasons of war, hostilities, revolution, rebellion, civil commotion, strike, epidemic, accident, fire, flood, earthquake, regulation or ordinance or requirement of any Government or any sub-division thereof, or authority or representative of any such Govt. or any other act whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of the parties hereto or because of any act of God. The party so affected, upon giving prompt notice to the other party shall be excused from such performance to the extent of such prevention, delay, restriction or interference for the period of it persists provided that the party so affected shall use its best efforts to avoid or remove such causes of non performance if possible and shall continue performance hereunder with utmost efforts on cessation of Force Majeure events.

The party invoking Force Majeure will inform the other party of the period for which the Force Majeure conditions continued along with authentic documentary evidence in proof of occurrence of Force Majeure events.

22.00 ARBITRATION

The contract shall be governed by and construed in accordance with the laws of India. 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 the matters relating to the contract or 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 to be referred to Designated Unit Head / E.D. / Functional Director / Chairman & Managing Director, National Fertilizers Limited for appointment of Arbitrator.(Appropriate designated authority may be inserted as per contract value) The Arbitration proceeding 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 there under. 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 start the proceedings from where his predecessor left or at any such stage he may deem fit.

The following clause shall continue to be incorporated in all the contracts irrespective of contract value:

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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 the 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 MCLR / Base rate applicable to NFL on the date of award of contract.

Arbitration for Foreign Vendors/Parties: Arbitration provision 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 arbitration appointed in accordance with the said Rules”. Arbitration for PSEs and 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 disputes or difference relating to the interpretation and application of the provision of the contracts, Such disputes or difference shall be referred by either party for Arbitration to the sole Arbitration 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 the cost arbitration as intimated by the Arbitrator”.

23.00 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.

24.00 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.

25.00 Tenderer shall certify that none of NFL’s ex-employee is employed with them (In case any ex-

employee of NFL is employed furnish details separately). 26.00 Tenderer shall certify that none of the Employee of NFL is related to owner/Director of the firm. 27.00 Please confirm that no other Firm/Sister concern/Associate belonging to the same group is

participating / submitting this tender. 28.00 Please confirm that you , your associate or your Sister concerns etc, have not been Black listed

by any Institutional agency / Govtdeptt / Public Sector Undertaking in the last two years. 29.00 One person will be allowed to represent only one company during discussions/negotiations with

NFL. If same person is representing different companies with authorization letter from more than one company, such person will be allowed to represent only the first company called for negotiations.

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30.00 If a tenderer resorts to any frivolous, malicious or baseless complaint/ 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 upto a period of TWO (2)YEARS

31.00 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 the Court of Guna (MP).

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ANNEXURE-II

NIT NO: E-AMC-161213-C1

S.No. NFL Material Code/ Description Unit Quantity

1

NFL Material Code: HS0001055 Scrapper Blades (20 Teeth) for Old Salt Scrapper; Dimension, Material and Specification as per NFL Drawing No. NFV/O/M-236 attached.

NO.

20.00

2. NFL Material Code: HS0001056 Scrapper Blades (19 Teeth) for Old Salt Scrapper; Dimension, Material and Specification as per NFL Drawing No. NFV/O/M-235 attached.

NO. 20.00

3. NFL Material Code: HS1001054 Scrapper Blades (13 Teeth) for New Salt Scrapper; Dimensions, Material and Specification as per NFL Drawing No.NFV/O/M-238 attached.

NO. 20.00

4. NFL Material Code: HS1001059 Scrapper Blades (14 Teeth) for New Salt Scrapper; Dimensions, Material and Specification as per NFL Drawing No. NFV/O/M-237 attached.

NO. 20.00

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ANNEXURE-III

NIT NO: E-AMC-161213-C1

Technical Bid for Scraper Blades for Salt Scraper

Sr.No. Description NFL Requirement as per NIT Vendors Comment

(Agreed / If not Agreed, Please

Comment) 1.0 Item Specification Scraper Blades for Salt Scraper as per

specifications at Annexure-II

2.0 Total Quantity As per Annexure-II 3.0 Offer Validity 120 days 4.0 Payment Terms 100% within 30 days of Receipt &

Acceptance of Material at Site as per Clause No. 14.00 of Terms & Conditions (Annexure-I)

5.0 Mode of Payments By Demand Draft / Cheque / ECS 6.0 Quantity Variation As per Clause-17.00 of Terms &

Conditions (Annexure-I)

7.0 Liquidated Damages for Delay in Supply

1/2 % per week subject to Maximum 5 % of Order Value ( As per Clause-18.02(ii) of Terms & conditions (Annexure-I)

8.0 VAT / Sales Tax The rate (%) of Sales tax / VAT quoted & considered in Total Price to be mentioned by Vendor

9.0 'C' Form Vendor to confirm requirement (Required / Not Required)

10.0 Excise Duty including Education Cess

The rate (%) of Excise Duty including Education Cess thereon quoted & considered in Total Price to be mentioned by Vendor

11.0 Earnest Money Deposit NIL NA 12.0 SD NIL NA 13.0 Delivery Period Please indicate your Shortest Firm

Delivery Period for:

(i) Submission of 1 No. Sample of each ordered Blades for NFL Approval

(ii) Bulk supplies from the date of approval of samples by NFL.

14.0 Price Bid Format Vendors to confirm that breakup of cost has been provided in Price Bid. Indicating the Freight Charges

14.1 Any other Charges If you quoted any other charges in price bid format please specify

15.0 Prices Vendor to confirm quoted price will remain firm during contract validity.

16.0 Confirm that Dimensions and Material of the Blades shall be strictly as per NFL Drawings.

17.0 Confirm that you will supply the material under following conditions: (i) All Sharp Corners shall be grounded after welding (ii) Each Blade shall be duly coated with anti-corrosion primer and two coats of paint.

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(iii) Properly packed to avoid any damages during transit and storage

18.0 Confirm that you will submit Material Test Certificate from a Government Approved Test Laboratory indicating Chemical Composiition, Mechanical Properties and Hardness as per IS:226 (Latest Edition), along with despatch documents at NO EXTRA COST to NFL.

19.0 Price basis FOR Destination as per price bid format 20.0 MSMED Registration Whether registered under MSMED

Act, 2006. If YES, state the category i.e. Micro/ Small/ Medium Enterprises.

21.0 Address and other contact datails

Provide Complete Name & Address with Telephone/ Fax Numbers and email IDs, Contact Person etc. of the Supplier to be incorporated in the PO

22.0 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

23.0 Any Other Comment / Information/ Remarks

No Deviation to the Terms & Conditions of NIT are allowed. The offer with any condition/ deviations are liable to be rejected at Sole option of NFL. However Vendor may offer comment, if any.

24.0 Online Bid Ref. No. & Date Please indicate your Online Quotation Ref. No. & Date

Quotation No. Quotation Date:

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Upload Digital Singed Tender Document

We hereby declare that we have read, understood and accepted all terms & conditions of NIT without any deviation. As a token of same, we are uploading herewith digitally signed Tender Document Upload Signed Tender Doc Upload duly digitally signed Tender Document; else your Bid will be rejected

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Annexure-IV

NIT NO: E-AMC-161213-C1

Price Bid

SI N

O

Item

Des

crip

tion

1. U

nit o

f Mea

sure

men

t

2. Q

uant

ity

3. B

asic

Pric

e Pe

r Uni

t

4. T

otal

Bas

ic P

rice

(3 x

2)

5. P

&F C

harg

es (

If Ap

plic

able

) in

% o

f 4

6. E

xcis

e D

uty

Incl

udin

g E

duca

tion

Ces

s In

% o

f (4+

5)

7. C

.S.T

./VAT

/Sal

es T

ax a

gain

st F

orm

‘C’

In %

of (

4+5+

6)

8. F

reig

ht fr

om W

orks

to N

FL S

tore

s

(

% o

f 4)

9.A

ny o

ther

cha

rges

(Pl

ease

spe

cify

)

10. T

otal

FO

R D

eliv

ered

Pric

e

(4+5

+6+7

+8+9

)

1

NFL Material Code: HS0001055 Scrapper Blades (20 Teeth) for Old Salt Scrapper; Dimension, Material& Specification as per NFL Drawing No. NFV/O/M-236 attached.

NO.

20.00

2. NFL Material Code: HS0001056 Scrapper Blades (19 Teeth) for Old Salt Scrapper; Dimension, Material& Specification as per NFL Drawing No. NFV/O/M-235 attached.

NO. 20.00

3. NFL Material Code: HS1001054 Scrapper Blades (13 Teeth) for New Salt Scrapper; Dimensions, Material& Specification as per NFL Drawing No.NFV/O/M-238 attached.

NO. 20.00

4. NFL Material Code: HS1001059 Scrapper Blades (14 Teeth) for New Salt Scrapper; Dimensions, Material& Specification as per NFL Drawing No. NFV/O/M-237 attached.

NO. 20.00

The above quotation has been prepared after taking into account all the terms and conditions of the NIT.

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ANNEXURE-V

LOADING CRITERIA The bidders must accept the terms and conditions stipulated in the NIT, failing which the bid is likely to be rejected at the sole discretion of NFL. However, NFL may at its sole discretion, accept bids having deviation to NIT terms and Conditions by adopting the following loading Criteria, wherever applicable. i. Offers received without EMD: NIL

ii. a. Non-submission of Security Deposit

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:-

Bank guarantee for Security Deposit

Loading Criteria

Less than 10%. (10%-Quoted Percentage) of basic price @ Prime Lending Rate {SBI PLR} + 1% on shortfall in Bank Guarantee value agreed by the Bidder for delivery period with additional one month period

b. Non-submission of Performance Bank Guarantee

The loading shall be adopted for shortfall in the bank guarantee agreed by the bidder. For example, NIT calls for bank guarantee for 5%, then loading shall be done as under:-

PBG Quoted Loading Criteria Less than 5%. 5% - Quoted Percentage of CIF/Ex-Works Prices

c.Loading on account of discrepancy in the Warranty/Guarantee Period Wherever Bidders quote reduced Warranty/Guarantee Period, following loading criteria shall be adopted:

[5% of CIF/Ex-Works Price x (No. of Months as per NIT – No. of Months quoted]

No. of Months as per NIT NOTE:

If the sum of (b) and (c) above is more than 10% of CIF/ Ex-Works Prices, then the loading shall be limited to 10%.

iii. Payment Terms NFL will not make any advance/progressive payments. NFL’s standard payment term is “100% within 30 days of receipt and acceptance of material at site.” 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: 1 Against Payment for dispatch of

material/through Bank

1a Foreign Bidders

Three Months

1b Indian Bidders Depending on Delivery Conditions viz.ExWorks – One and a Half Month FOR Destination – One Month

2 100% within 30 days of the receipt and acceptance of material at NFL Stores

Nil

iv. Packing & Forwarding Wherever Bidders have not indicated P&F Charges, but mentioned that ‘P&F Charges extra at actual’, their Prices shall be loaded @2% of Ex-Works Prices or the maximum amount as quoted by another bidder whichever is higher. NFL’s maximum liability to pay P&F Charges shall be limited to the amount loaded for evaluation purpose.

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v. Liquidated damages due to delay in supplies:- If deviation is noted in the quoted liquidated 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, loading criteria shall be as under:-

Quoted Liquidated Damages Loading criteria a) 0.5% per week subject to a ceiling of 05% of total order value

(Ex-Works/CIF Value) No loading.

b) 0.5% per week subject to a ceiling of 2.5% of total order value. 2.5% loading. c) Liquidated Damages accepted on undelivered value instead of

total order value. 2.5% loading.

d) Non-acceptance of liquidated damages. 5% loading.

vi. Third Party Inspection Charges Wherever Bidders have not indicated the TPI Charges in their quotations but mentioned that ‘TPI Charges extra at actual’, the highest Third Party Inspection Charges quoted by other Bidders shall be loaded for evaluation purpose

vii. Loading of freight [Inland Transportation Charges] in percentage terms as under:

While undertaking item-wise evaluation where item wise weights are not available, the following procedure shall be adopted for calculating transportation charges up to NFL site: i. Transportation from the vendors situated- 1% of CIF/Ex-works

Prices within a distance of 400 KMS.

ii. Transportation from the vendors situated- 2% of CIF/Ex-works Prices

within a distance of 401 to 800 KMS. iii. Transportation from the vendors situated- 3% of CIF/Ex-works

at a distance of more than 800 KMS Prices .

All Indian parties are required to quote ex-works Price and freight charges up to NFL Site, compulsorily. If all the parties have given freight charges up to site the same shall be considered for evaluation. However, if only some parties have given freight charges, NFL reserves the right to load for such parties who have not quoted freight charges with freight charges as above. NFL’s decision on this regard shall be final and binding on these Bidders.

viii. Loading of Ocean/Air Freight (Foreign Bidders): Offers of Foreign Bidders shall be loaded for Ocean/Air Freight as under:-

a. Ocean Freight - @3% of FOB Value b. Air Freight - @5% of FCA Value

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National Fertilizers Limited, Vijaipur Attachment-A

Benefits to Micro and Small Enterprises (MSEs):

With reference to the Order of the Ministry of MSME, under the Public Procurement Policy, March 2012, Micro and Small Enterprises shall be entitled for benefits, subject to terms and conditions, as under: a) Qualifying Criteria for MSEs, SC/ST Vendors :

i. MSE bidders must submit Registration Certificates from any of the following (or any other body specified by the Ministry of MSME):

National Small Industries Corporation (NSIC) District Industries Centres (DIC) Coir Board Khadi and Village Industries Commission (KVIC) Khadi and Village Industries Board (KVIB) Directorate of Handicrafts and Handloom

ii. SC/ST owned Enterprises (i.e. SC/ST Proprietorship or holding minimum 51% shares in case of Partnership/Private Limited Companies) shall additionally submit relevant SC/ST certificates issued by any of the following:

District/Additional District Magistrate / Collector / Deputy Commissioner/ Additional Deputy

Commissioner / Deputy Collector / 1st Class Stipendiary Magistrate / Sub-Divisional Magistrate/ Taluka Magistrate / Executive Magistrate / Extra Assistant Commissioner

Chief Presidency Magistrate /Additional Chief Presidency Magistrate / Presidency Magistrate

Revenue Officer not below the rank of Tehsildar Sub-Divisional Officer of the area where the individual and/or his family normally resides.

iii. The registration shall be valid as on date of placement of order. A self-attested photocopy of the

relevant certificate shall be submitted as a support document. iv. The registration must be for the items/category of items / services relevant to the tendered items

/category of items / services. (b) Purchase Preference for MSE :

In tenders, where the L1 (evaluated price) bidder is a non-MSE, up to 20% of the tendered quantity shall be allowed to be supplied by participating MSEs provided that the tendered quantity is divisible into two or more orders and adequate for the purpose; all qualifying bidders have agreed for acceptance of part-order quantity and participating MSE matches the L1 rate.

A share of 4% out of this 20% shall be allowed to be supplied by participating MSEs owned by Scheduled Caste/Scheduled Tribe Entrepreneurs. In the case of an SC/ST owned MSE failing to participate in the tender or not meeting the tender requirements, this 4% sub-target shall be met by other participating MSEs. The above shall be subject to that the participating MSE (including SC/ST) bidders shall have quoted a price within +15% of the L1 bid price and further that they shall agree to match their quoted price with the L1 price. In case that two or more MSEs are within the L1 +15% band, all such MSEs will be offered the opportunity to match the L1 rate and 20% of the order will be shared equally by them. Where the MSE is SC/ST owned, they shall be exclusively awarded a share of 4% of the above 20% in addition to equally sharing the balance 16% with other non-SC/ST MSEs. In case of more than one SC/ST MSE matching the L1 price, they shall equally share 4% of the order and additionally share the balance 16% with other non-SC/ST MSE bidders.

(c) Exemption from Earnest Money Deposit (EMD)/ Tender cost and Security Deposit (SD) for MSE: i. Tenders shall be provided free of cost and tender documents are downloadable from the websites

of NFL (http://www.nationalfertiizers.com) and the Central Public Procurement (CPP) Portal (https://www.eprocure.gov.in/epublish/app) or can be obtained from the Office of Dy.General Manager (Materials) / DGM (Materials) / General Manager (Materials)

ii. MSE units qualifying as at (a) above shall be exempt from paying EMD. iii. Additionally, MSEs registered with NSIC shall be exempt from paying Security Deposit up to the

monetary limit mentioned in the certificate. ***

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