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Page 1 of 21 TENDER DOCUMENTS FOR REPLACEMENT OF RADIANT FURNACE CERAMIC FIBER MODULE LINING OF PRIMARY REFORMER H-3201 OF AMMONIA-II PLANT AT N.F.L., VIJAIPUR VIJAIPUR UNIT

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Page 1 of 21

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I. Description: NFL Vijaipur, is a gas based fertilizer plant comprising two Ammonia plants and four no. Urea streams. The Ammonia plants are based on Haldor Topsoe technology, consisting of Primary reformer and Secondary reformer for reforming of natural gas (called process gas) for conversion of hydrocarbons to Hydrogen. Primary Reformer installed in Ammonia-II Plant is used for Steam Reforming of Natural Gas. The reforming process takes place in the Catalyst Tubes which are heated in the Radiant Furnace. The hot faced refractory insude the furnace is designed for 1425 deg C. The Radiant Furnace consists of two radiant rectangular chambers having 576 burners installed on four walls. Refractory brick lining is there on these walls from inside to preserve the heat and protect the outer metallic (Carbon Steel) casing from higher temperature. The furnace roof and side walls are insulated with High temp Ceramic nsulating fiber in form of Z Blocs.

The Primary Reformer Furnace was installed and commissioned in 1997 by M/s L&T Mumbai and the Furnace inside Refractory work was done by M/s CIRIA.

Ceramic Fiber Module-lining on the Radiant Furnace Walls except End Walls have been proposed to be replaced during next shutdown tentatively scheduled for April-2016.

1.0. The General Arrangement drawing and the details of refractory / Insulation inside the furnace are as per following drawings attached: i) Primary Reformer Lining Arch : Drawing No DIS.2873 ii) Primary Reformer Outside Wall : Drawing No DIS 2872 iii) Primary Reformer Inside Wall : Drawing No DIS 2874

Specifications of Primary Reformer Lining proposed for replacement.

Year of Installation 1997 Furnace Size 39290 mm ( L) x 2460 mm (W) x 11990 mm

(H) x 2 Nos Furnace Ceramic Fiber Module Lining Area

i) 39290 mm ( L) x 1525 mm (H) x 2 Nos ( Outside Walls)

ii) 39290 mm ( L) x 610 mm (H) x 2 Nos ( Inside Walls)

iii) 39290 mm ( L) x 2460 mm (W) x 2 Nos ( Roof Arch)

Qty of Ceramic Fiber Modules with anchors for both the radiant furnaces of the Reformer. (Ceramic Fiber Modules with thickness 11” are installed on sidewalls and with 25 mm thk 1425 deg C Cerachemblanket.

i. 305 mm X 305 mm X 12” : 1564 Nos ii. 305 mm X 250 mm X 12” : 544 Nos iii. 305 mm X 290 mm X 12” : 56 Nos iv. 305 mm X 305 mm X 11” : 1872 Nos v. 305 mm X 230 mm X 11” : 28 Nos vi. 305 mm X 432.5mmX11” : 4 Nos

2.0 Specifications for Ceramic Fiber Module Lining :

The Ceramic Fiber Module shall be Pyro Bloc –M of Morgan Thermal Ceramics or equivalent conforming to following specifications: a) Max. Service Temp. : 1425 degC b) Indicative Chemical Composition ( IS : 12107): Al2O3:33-37%,SiO2:48-52%,ZrO2:13-17% c) Density : min 150 Kg/m3. ( to be confirmed to

meet the requirement existing is Z bloc module with 150 Kg/m3 density ) d) Anchor material : min SS 310.

3.0 Side Wall back up 25 mm thick Ceramic Fiber Blanket suitable for 1425 degC,

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II.) SCOPE OF WORK: The vendor’s scope of work includes complete supply and application of refractory material and burner blocks as per technical specifications and the drawings of the reformer indicated at Para-I: A. PART-I : Scope of Supply of Material The vendor’s scope of supply shall include but not limited to the following (except those

mentioned in NFL scope): 1.0 Supply of Ceramic Fiber Modules ( Pyro Bloc) with anchors and other material required

for relining of radiant furnace as per Clause I of the Tender Documents. The scope of supply shall include but not limited to the following:

a) Cerachem blanket-1425 or equivalent for backup to module lining on side walls. b) Cera Fibre Module suitable for 1425 deg C with density suitable for existing furnace.( Existing

Cera fiber modules are CERACHEMZ Z Blocks compressed to 150 Kg/m3 density) c) Anchors / fasteners for modules at b) above. d) Welding consumable ( Electrodes / Filler Wire ) for the job e) Any other material required for above job not covered in scope of NFL at para III) below.

2.0 All the material shall be as per the specifications mentioned in the tender documents and

drawings attached with the NIT. 3.0 All the items to be supplied shall be supported with test certificates as per relevant

ASTM standards. 4.0 Before dispatch of the material, party shall confirm the quality of material by sending

the test certificates of manufacturer along with the batch nos./ production centre.

B. Part-II : Scope of Work for Services for Removal and Application of Refractory 1.0 Material shifting from stores or any other location to site. 2.0 Replacement of anchors required for module lining on Arch and Side Walls. 3.0 After removal of refractory, the surface shall be properly cleaned with wire brush /

buffing / grinding as per requirement. 4.0 Installation of new refractory lining / Burner Block from inside the Primary Reformer

Furnace based on the requirement. 5.0 The Module lining surrounding the catalyst tubes shall be preformed to shape to ensure

proper sealing. The details of the modules shall be submitted in the offer. 6.0 Experienced engineers, supervisors, skilled and unskilled manpower for the complete

job as per scope of work and specifications along with labour license and insurance. 7.0 All requirement related to issue of gate pass for vendor’s staff including police

verification. 8.0 All types of tools, tackles required for the complete job shall be the responsibility of the

vendor. 9.0 Travelling, lodging, boarding and local conveyance for the staff of the vendor. 10.0 Temporary construction of site office / store for vendor’s materials and staff. Only

designated space for the same shall be allotted to the vendor by NFL. Material and construction shall be in vendor’s scope.

11.0 All necessary safety and personal protective equipments for vendor’s staff like hand gloves, face shields, safety belts, etc. Vendor to note that in addition to above, wearing of safety helmet by each member of the staff is compulsory inside the factory premises.

12.0 Necessary security arrangements for their site office/store and vendor’s material on round the clock basis. NFL shall not be responsible for the material and other equipments of the vendor.

13.0 Clearing of the site and removing all the waste material, old removed refractory material and debris from the site and shifting of the same to stores/scrap yard at a place defined by NFL.

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III. NFL Scope of Work / free supply: 1.0 Opening and box up of Primary Reformer Furnace Manholes as and when required. 2.0 Provision of scaffolding as per requirement. 3.0 Welding Machine / Gas Cutting Set for cutting / welding jobs to be executed by

Vendor. 4.0 Plate material as per requirement in case there is requirement of replacement of

Furnace Roof Casing. 5.0 Compressed air at 4.0 kg/cm2 pressure near the job location. 6.0 Crane / fork lifter / tractor trolley for material shifting and tools and tackles. 7.0 Lighting arrangement for the job. 8.0 Approvals for gate passes. 9.0 Designated place for site office / store. 10.0 Safety work permits on round the clock basis. 11.0 Lodging and boarding for vendor’s staff in NFL Township on chargeable basis

subject to availability. Since the job is to be executed during shutdown, limited facilities are available during that period. Hence vendor shall send their representative before shutdown to have an idea of the guest house / hostels / quarters in NFL Township and intimate their requirement well in advance.

12.0 Medical facilities, as available in NFL Hospital, on chargeable basis subject to availability.

IV. SPECIAL TERMS AND CONDITIONS:

1.0 For the refractory supply and application, vendors have to submit the required documents pertaining to the eligibility criteria in support of their experience/capability for supply and application of the refractory lining. The technical bid of the vendors shall be considered acceptable only if the vendor meets the eligibility criteria as per Annexure-I of NIT.

2.0 Vendors shall submit Technical literature along with their technical bid giving detailed specification of Items to be supplied.

3.0 The material shall be supplied from fresh lot. 4.0 The contract shall be awarded for Supply and Application basis. The technical and

price bids shall be evaluated on supply as well as application basis. The contract for supply and application shall be awarded to same vendor. No separate purchase order for material shall be issued.

5.0 The supply of required material up to NFL Vijaipur shall be in vendor’s scope. 6.0 All the taxes, duties, custom clearances, freight charges and any other taxes shall

be in vendor’s scope. 7.0 Vendor shall indicate in their bid the quantity of Material that has been considered

(including erection spares quantity) and shall be supplied for the complete job. In no case, there shall be any shortage of the material at the time of execution of application of refractory.

8.0 After the completion of the job, any leftover material from the supplied material shall be handed over to NFL.

9.0 As and when the material reaches NFL Vijaipur, vendor shall send their representative for gate entry and unloading of the material at a designated place inside NFL factory premises. However, labour for unloading can be provided by NFL on chargeable basis.

10.0 Vendor shall quote as per the Schedule of Rates. However, the bids shall be evaluated on overall cost of Supply as well as Application basis only.

11.0 The job has to be done on round the clock basis. Hence vendor has to arrange sufficient manpower to complete the job within the scheduled time period.

12.0 Vendor shall indicate in their bid the nos of engineers, supervisors, skilled and unskilled manpower they have planned to deploy for the job.

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13.0 In case of award of contract, vendor shall submit detailed QAP for the application job.

14.0 In case of award of contract, vendor shall also submit a comprehensive activity bar chart indicating every minute activity with time period for each activity for the application part of the job during shutdown.

15.0 In case of award of contract, contractor has to submit a medical fitness certificate of each worker to be employed by them at NFL site which shall be certified by a registered medical practitioner.

a) Inspection & Test certificates: Vendor to submit the test certificates for the material supplied as per relevant ASTM standards for the properties mentioned in the material specifications.

16.0 Guarantee: The vendor shall stand comprehensive guarantee for the material and application of the same for trouble free operation for a period of 12 months from the date of satisfactory completion of the application job. Vendor shall submit the guarantee certificate for the same. In case a defect appears within the guarantee period, the same shall be taken up for repair by the vendor during the next annual shutdown without any extra cost implication of material, supervision and application to NFL. In case of repair, the guarantee shall be further applicable for the same time period from the date of repair

17.0 Acceptance of NIT: Bidder shall confirm in their quotation, the acceptance of all the terms and conditions of NIT, including scope of work, failing which the offer may not be considered. Signed copy of the NIT documents shall be submitted with technical bid. Any deviations shall be indicated separately.

V. TIME SCHEDULE:

1. Completion period: The complete job of removal and application of refractory lining shall be completed within 12 days of handover of the job to the vendor. Handover means Primary Reformer Furnace sufficiently cooled with scaffoldings provided inside the furnace.

2. The annual shutdown of the plant shall tentatively take place during April-2016. Vendor’s bid for supply of material shall match with the shutdown schedule and vendor shall quote accordingly. NFL shall intimate the time of shutdown to the vendor at least one month in advance for arranging and supply of the material to NFL Vijaipur site.

3. However, for mobilization of manpower during shutdown for application of the refractory, the exact date of shutdown shall be intimated 15 days in advance.

VI. GENERAL TERMS & CONDITIONS: 1. Interested Bidder after studying the tender documents carefully, may obtain necessary

clarifications, if any in writing before tendering, Submitting of tender implies that the Bidder has obtained all the clarifications required No claim on ground for want of knowledge in any respect will be entertained. No claim for extra charge consequent on any misunderstanding or otherwise will be allowed.

2. Bidder to acquaint himself fully: If required, the Bidder may visit the site to see the secondary reformer physically whose refractory is to be replaced.

3. The Bidder shall give an undertaking that the terms and conditions of NIT and other aforesaid conditions are acceptable to him without reservations and no deviations to NIT have been taken while making the offer.

4. The company reserves the right to accept the lowest or any other tender in part or in full or award parallel contracts or reject all or any of the tenders without assigning any reasons.

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5. The following tenders will be liable to summary rejection: 5.1.Tenders submitted by Bidder who resort to canvassing. 5.2.Tenders, which do not fulfill any of the conditions, laid down in the Tender

Documents or are incomplete, in any respect. 5.3.Tenders not accompanying the required details/Tender Cost/ Earnest Money etc. 5.4.Tenders received late / delayed. 5.5.Tenders, who contain uncalled for remarks or any alternative additional conditions. 5.6.Bid received with offer for supply of refractory only and not for the application.

6. Quantum of Job and Rates: The estimated value of work has been given on the basis of technical assessment and indicates approximate quantities. However, the Contractor shall have to execute any or all the jobs depending upon the requirements of the Plant. The rates shall remain firm for the increased or decreased quantities and will not be subjected to escalation irrespective of any increase what so ever.

7. If the Bidder has relations whether by blood or otherwise with any of the employees of the NFL, the Bidder must disclose the relation in the Form of Declaration attached, at the time of submission of tender failing which NFL shall reserve the right to reject the tender or rescind the Contract.

8. Validity of Contract : 8.1. The contract shall remain valid for a period of twelve months reckoned from the

date of its award. The job can, therefore, be got done any time during the tenure of the contract.

8.2. The contract can further be extended for a period of 3 (Three) months at the discretion of NFL.

9. Earnest Money Deposit: 9.1. The Bidder shall make a deposit of Rs. 100000.00 (Rupees One Lakh only) or $

1500.00 or equivalent foreign currency as Earnest Money in the form of an account payee Demand Draft, payable at SBI Bavrikheda (Branch Code No. 8455) drawn in favour of M/s. National Fertilizers Limited, Vijaipur.

9.2. Alternatively EMD and Tender cost may be submitted through Online transaction in favor of National Fertilizers Limited, Vijaipur and submit relevant documents along with the Bid. Details for on line transaction are as given below: Name of Bank: State Bank of India, Bavrikhera Branch Branch code: 8455, Bank A/c. No.: 103466673311, IFSC Code: SBIN0008455 Earnest money shall not be accepted in any form other than specified above

9.3. The Bidders registered under National Small Scale Industries are exempted from submission of E.M.D., subjected to submission of relevant certificate from concerned Authority along with Tender Documents.

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

9.5. The EMD will be returned to the unsuccessful Bidders on acceptance of one of the invited bids or when the Bid is cancelled by Owner.

9.6. The successful Bidder's EMD will be discharged upon the Bidder accepting the Contract and furnishing the Security cum Performance Bank Guarantee.

9.7. No interest will be paid on EMD of either the successful or unsuccessful bidder(s).

10. Security Deposit (S.D.): Security Deposit together with EMD Shall be 10% of the Work Order value and is required to be deposited by Bidder within 15 days of the receipt of Letter of Intent / Work Order by them in the form of account payee Demand Draft. Alternatively, the Bidder will also have the option to furnish Security Deposit-cum-Performance Guarantee in prescribed NFL format by way of Bank Guarantee from any of the Indian nationalized/ scheduled banks (except Cooperative and Gramin Bank) or any branch of Foreign Bank in India in the Performa specified by NFL for 10% of the contract value. In case bank guarantee is submitted from a foreign bank,

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then it should be counter guaranteed by any Indian scheduled bank (except rural and cooperative banks). The Performance Bank Guarantee shall be valid till the expiry of defect liability period with provision for claim period up to 6 months. The Security Deposit shall be refunded after expiry of Defect Liability / Guarantee Period and shall be claimed up to period of 6 months. No interest shall be paid on E.M.D. and S.D.

11. Terms of Payment:

50% payment of the material supply part shall be released within 30 days of receipt and acceptance of material at NFL Vijapur along with the receipt of test certificates as per NIT requirement.

Balance 50% payment of the supply part and 100% payment of the application part within shall be made after making necessary recoveries for Income Tax, Works Tax etc. as applicable as per Terms & Conditions of NIT, after satisfactory completion of the application of refractory as per scope and submission of bill. The documents to be submitted for Application part and invoice of the application part are detailed at Annexure-II. The payment shall preferably be released through ECS / EFT The following information may be furnished along with the Tender:

11.1. Acceptance for release of payment by ECS / EFT from our Bank, i.e., State Bank of India, Bavrikhera Branch, Branch Code: 8455, N.F.L. Complex, Vijaipur-473 111, Dist. Guna, Madhya Pradesh.

11.2. The details of Bidder Account Number, Name, Address, Branch, Branch Code, RTGS Code & MICR Number of the Bidder Bank.

11.3. Income Tax Permanent Account Number (I-Tax PAN): The Bidder shall mention the new series Permanent Account Number allotted by the Income Tax Authorities in his Tender

12. Liquidated Damages: In the event of work is not completed according to the time schedule, the contractor shall have to pay Penalty to the NFL at the rates of 1 % of the total value of work for delay of every day or part thereof, subject to a ceiling of 10 % of the total value of the work.

13. Sub-Contracting: Sub-Contracting of the work is not allowed.

14. If the Bidder fails to fulfill his obligations under the contract, NFL shall have the right to get the work done by the agency other than the Contractor, at the Risk and Cost of the Bidder, till the expiry of the period of the contract.

15. Termination of Contract: Notwithstanding anything elsewhere herein provided and in addition to any other right or remedy of NFL under the Contract or otherwise including right of NFL for compensation for delay the Engineer-in-charge/officer-in-charge may, without prejudice to his right against Consultant in respect of any delay, bad workmanship or otherwise or to any claims for damage in respect of any breaches of the Contract and without prejudice to any rights or remedies under any of the provisions of this Contract or otherwise and whether the date for completion has or has not elapsed by intimation in writing, absolutely, determine the Contract:

15.1. Default or failure by Contract of any of his obligations under the Contract including but not limited to the following, the Contract is liable to be terminated if the Consultant.

15.2. Becomes bankrupt or insolvent or goes into liquidation or is ordered to be wound up or has a receiver appointed on its assets or execution or distress is levied upon all or substantially all of its assets.

15.3. If the Contractor Abandons the work

15.4. Persistently disregards the instructions of the NFL in contravention of any provision of the CONTRACT, OR

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15.5. persistently fails to adhere to the agreed program of work, OR

15.6. Sublets the work in whole or in part thereof without NFL’s consent in writing

15.7. Performance is not satisfactory or work is abnormally delayed 15.8. Defaults in the performance of any material undertaking under this CONTRACT

and fails to correct such default to the reasonable satisfaction of the NFL within fifteen days after written notice of such default is provided to the Contractor.

NFL may terminate the Contract due to any reason including reasons due to force majeure, regulations or ordinance of any Government or any other reasons beyond the reasonable control of the NFL Such termination will be by 15 (fifteen) days notice in writing and no claim/compensation shall be payable by the NFL as a result of such termination, excepting the fees and costs for the meaningful services rendered by the CONSULTANT and acceptable to NFL, up to the date of termination. In the event of termination of contract, Security Deposit-cum-PBG shall be forfeited.

16. Period of Liability: Bidder will stand guarantee for the material and application of the same for trouble free operation for a period of 12 months from the date of satisfactory completion of the application job. In default, the Engineer-in-charge may cause the same to be made good by other Contractor and deduct expenses (of which the certificate of Engineer-in-charge shall be final) from any sums that may be there or at any time thereafter become due to the Contractor from his Security Deposit.

17. Tax Deduction at Source: Statutory deduction on account of Income Tax / Works Tax & other Taxes on Works Contracts shall be made from the bill of the Bidder at the prevailing rates, as per Income Tax Laws / Commercial Tax Laws of M.P. at the time of release of payment to the Bidder.

18. Rights of NFL: A unilateral stoppage of work by the Contractor shall be considered a breach of the CONTRACT and NFL reserves its right to take necessary and suitable action as it may deem fit, to adequately protect his/its interest; at the risk and cost of the contractor. Any aforesaid action shall be without prejudice to any other action, rights and remedies etc. that may also be available. In the event the Contractor fails to fulfill his obligations under the CONTRACT, the NFL shall have the right to get the work done by any other agency/own resources at the risk and cost of the Contractor.

19. Continued Performance: The Contractor shall not stop work in case of any dispute pending before arbitrator/court/Tribunal in relation to the contract or otherwise unless further progress of works has been rendered impossible due to non-fulfillment of any reciprocal promise. Unilateral stoppage of work by the Contractor shall be considered a breach of CONTRACT and the OWNER shall be within its rights to take suitable and necessary action as it may deem fit to adequately protect its own interests.

20. Engineer In-Charge: The Engineer-in-charge shall have general supervision and direction of the work. He has authority to stop the work whenever such a stoppage may be necessary to ensure the proper execution of the contract. He shall also have authority to reject all work which directs the application of forces to any portion of the work as in his judgment is required and order force increased or diminished and to decide disputes, which arise in the execution of the work. The Engineer-in-charge reserves the right to suspend the work of the 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-in-charge whose decision shall be final and binding.

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21. Contractor to Remove Unsuitable Employees: The Contractor shall, on instruction of the Engineer In-Charge, immediately remove from the work any person employed thereon who misbehaves or causes any nuisance or otherwise in the opinion of the Engineer In-Charge is not a fit person to be retained on the work and such person shall not be again employed or allowed on the works without the prior written permission of the Engineer In-Charge.

22. It is understood by the contract that in the event of any losses/damages caused to the NFL due to the reasons whatsoever within his control and the same losses/damages are approved, the contractor has to make good all the consequential damages/losses to the Owner without any protest and demur. The damages/losses shall be apart from other claims/damages to which the Owner is entitled under the contract or in the course of Law.

23. Loss to Plant during Execution: Any damage or loss caused to the plant equipment etc., during execution of this contract by the Contractor’s employees will be made good by the Contractor at his own cost and risk.

24. Wages shall be paid by the Contractor to the workman directly without the intervention of any Jamadars or Thekedars and contractor shall ensure that no amount by way of commission or otherwise is deducted or recovered by Jamadars from the wages of workman.

25. The Contractor shall ensure that the Payment of Wages to Labourer has been made in accordance with minimum Wages Act. If at any time, it is noticed or it comes to the knowledge the payment to the Labourer employed by the Contractor is not made in accordance with the Minimum Wages Act, NFL shall reserve the right to take remedial action to regulate the payment.

26. The Contractor shall comply with the provisions of Contract Labour (Regulation & Abolition) Act 1970 and rules framed there under & amended from time to time.

27. In case of non-compliance with any of the conditions / provisions contained in E.P.F. Act 1952 as amended from time to time, NFL reserves the right to provisionally retain 24% of the Contractor's payment towards employees’ and employer's contributions, which may be released only on verification of Challan by Engineer In-Charge for deposit of PF Contribution.

28. The Contractor shall abide by all the Acts / Labour Laws related to PF, Wages, Holidays, Leaves, and Overtime etc. The Contractor is required to comply with all statutory provisions, from time to time, during the tenure of the contract.

29. Workmen Compensation / Insurance: a) In every case in which by virtue of the provision of Section 12, sub-section I of the

Workmen Compensation Act 1923 or any other law for the time being in force, NFL is obliged to pay compensation to a workman employed by the Contractor in execution of the work, NFL will recover the amount of the compensation so paid from the Contractor’s bill.

b) The Contractor will be solely responsible for any liability to his workers in respect of any accident, injury arising out of and in the course of contractor’s employment. To meet his aforesaid obligations under the Workmen Compensation Act, the Contractor will obtain Cover Note under Workmen Compensation Policy from Insurance Company in respect of persons employed by him for carrying out his work and obligations under the agreement. The contractor shall take medical cover for the workmen deployed by him for carrying out his work and obligation under the agreement. The premium payable for the aforesaid Insurance Policy shall be borne by the Contractor. The Contractor shall ensure that the said Insurance Policy remains valid till the expiry of the contract.

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c) Photocopy of this Insurance Cover is required to be submitted by the Contractor to NFL immediately after the issue of L.O.I. but before the start of the work. Payment against the work done will not be released to the Contractor until and unless photocopy of the Insurance Cover is submitted to the NFL.

30. The NFL will not be responsible for any injury sustained by the workers of the Contractor during the performance of the above contract, any damage, compensation due to any dispute between the Contractor and his workers. All liabilities arising out of any provision of Labour Acts / Enactments hereto in force shall be the responsibility of the Contractor. NFL under the Contract will recover any other expenditure, incurred by NFL to face the situation arising out of the negligence of the Contractor from his dues payable.

31. The Contractor shall indemnify and keep indemnified the NFL against all losses and claims for injuries or damages to any person or property of NFL whatsoever which may arise out of the consequence of the execution of works either negligently or otherwise and against all claims, demands, proceeding damages, cost, charges and expenses thereto whatsoever in respect of or in relation thereto.

32. The Contractor shall ensure that all the formalities, required to be completed under the existing laws of India for and/or in connection with engaging/employment of labourers, have been fulfilled. NFL shall be under no obligation to accept / admit any claim on this behalf.

33. Alterations, Omissions, Additions Or Substitutions of Work: 33.1 NFL shall have power to make any alteration in, omission from, addition to, or

substitutions for original specifications and instructions which may be considered necessary, during the progress of work and the Contractor shall carry out the work in accordance with any instruction which may be given to him in writing duly signed by the Engineer In-Charge. Such alterations, omissions, additions, substitutions shall not invalidate the contract and any altered, additional 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.

33.2 If the rates for 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 rates as per specifications in the rate contract for that work.

33.3 In the event the extra or substituted items of the work does not fall in the category as above, the cost will be calculated on the basis of actual Labour and consumable material utilized for the job. The quoted rates will be inclusive of Overheads and Profit. The Engineer In-Charge will assess the quantum of Labour and consumable material used; whose decision in this respect will be final and binding upon the Contractor. The Contractor will be required to obtain prior approval of NFL for rates payable to him for such extra items.

33.4 In case, the Contractor fails to do the extra and / or the substituted work, NFL will have the option to get the work done through another agency at the Contractor’s Risk and Cost, as per Clause No. 18 of General Terms & Conditions.

34. Preservation of Free Issue Material: All materials issued to the Contractor by the Owner shall be preserved against deterioration and storage while under Contractor's custody. Any damage / losses suffered on account of non-compliance with the requirement stipulated herein shall be considered as losses suffered due to willful negligence on the part of the Contractor and he shall be liable to compensate NFL for the losses suffered at penal rates to be determined by the Engineer In-Charge with reference

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to the rates charged for the purpose of recovery and shall be final and binding on the Contractor.

35. Issue of material from NFL: Any issue of materials from NFL stores not covered in NFL obligation will be issued and charged on NFL issue rate +25% departmental charges + Taxes, if any, will be charged extra. The issue of such material will be sole discretion of NFL.

36. Safety Regulations: The contractor shall observe and abide by all fire and Safety regulations of the NFL. Before starting maintenance work, the Contractor shall consult NFL's Safety Officer or the Engineer-in-charge. If the Safety Engineer is not available, he will do familiarize him with such regulations, copies of which will be furnished to him by NFL, when requested. He shall be responsible for and must make good to the satisfaction of the NFL any loss or damage due to fire to any portion of the work to be done under this agreement or to any of the NFL's existing property. All the accidents to contractor's staff will be reported to the Safety Officer promptly. This will however not relieve the contractor of any statutory obligation. The contractor shall not undertake any hot job without safety work permit. He has to maintain First Aid Box in his office. Also necessary safety equipment like Helmets, Hand Gloves, Face Shield, Safety Belt etc are to be provided to his workmen by the contractor. However special Safety equipment required as per the job requirement will be provided by NFL free of cost.

For any default / accident / loss due to negligence of Contractor/ workers, the liability of Contractor shall be “Absolute liability”.

37. Force Majeure: The terms and conditions agreed upon under the contract shall be subject to Force Majeure. Neither the contractor nor NFL shall be considered in default in the performance of their obligation contained therein, if such performance is prevented or delayed or restricted or interfered with by reason of War, Hostilities, Revolutions, Civil Commotion, Strike, Epidemics, Accidents, Fires Flood, Earthquake, regulation or ordinance or requirement of any Government or any sub-division thereof, or authority or representative of any such Govt. and/or due to technical snag/reasons 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 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 the utmost dispatch whenever such causes are removed. Should one or both parties be prevented from fulfilling their contractual obligations by a state of Force Majeure lasting continuously for a period of one week, the two parties to the contract shall meet and decide about the future course of action for implementation of the contract.

38. Conciliation & Arbitration:

For Indian parties 38.1 Except where otherwise provided in the contract all matters, question 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 matter relating to the contract or the breach thereof or the respective rights or liabilities of the parties during or after completion of the works or whether before or after termination, shall after written notice by either by either party to the contract be referred to the arbitration of the Unit Head/ED/Functional Director/Chairman & Managing Director, National Fertilizers Ltd. or his/her nominee.

38.2 The Arbitration and Conciliation Act 1996 or any enactment thereafter shall apply to the arbitration proceedings.

Page 12 of 21

38.3 The contractor hereby agrees that he shall have no objection, if the arbitrator so appointed is an employee of NFL and he had to deal with the matter to which the contract relates and in the course of his duties as such he had expressed views on all or any of the matter in dispute or differences.

38.4 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 as applicable to NFL on date of award of contract.

Foreign Parties : Arbitration provisions in accordance with the rules of ICC will be applicable.

39. Jurisdiction: For any disputes regarding this contract, the exclusive Jurisdiction shall lie in courts situated at Guna (Madhya Pradesh) only.

40. Agreement: The Bidder’s responsibility under this contract will commence from the date of issue of the Letter of Intent / Work Order. The Tender Documents, Other Documents exchanged between the Bidder and NFL, the Letter of Acceptance and Work Order shall constitute the Contract.

The successful Indian Bidder shall have to execute an Agreement (as per format enclosed) with National Fertilizers Limited, on a non-judicial stamp paper of Rs. 1000.00 within 15 (Fifteen) days of date of receipt of LOI / Work Order or before start of job whichever is earlier. The cost of stamp paper shall be borne by the bidder.

The successful foreign Bidder shall give acceptance of the Work Order on their letterhead (as per format enclosed) within 15 (Fifteen) days of date of receipt of LOI / Work Order or before start of job whichever is earlier.

Page 13 of 21

SCHEDULE OF RATES PART-I : SUPPLY OF MATERIALS

Rates for Supply of Cerafiber module and other Material required for replacement of refractory of Primary Reformer as per Scope of Supply of Material (Clause No. II-A)

PART-IA : Break up of Taxes and Duties considered and quoted in Part-I by the bidder for Supply of Material:

(Signature of Bidder) Place: Date: Name __________________

(Seal to be affixed)

Sl. No

Description Quantity Rate in quoted currency

Amount in quoted currency

1 Cera Fiber Module with Anchors as per scope and technical specification of tender document for Furnace AB and CD.

1 Lot

4 TOTAL of Supply of Material (in figures & words)

Sl. No

Description % age considered

Rate in quoted currency

Amount in quoted currency

1 Excise Duty + Edu. Cess + Higher Edu. Cess

2 CST 3 VAT 4 Basic Custom Duty 5 CVD 6 Edu. Cess 7 Higher Edu. Cess 8 Custom Edu. Cess 9 Custom Higher Edu. Cess 10 Special Duty 11 Others, Please Specify, if any 12 TOTAL of Taxes and Duties on Supply of Material (in figures

& words)

Page 14 of 21

PART-II : SERVICES

Rates for Services for Removal and Application of Refractory of Primary Reformer as per Scope of Services (Clause No. II-B)

PART-IIA : Break up of Taxes and Duties considered and quoted in Part-II by the bidder for Supply of Services:

(Signature of Bidder) Place: Date: Name __________________

(Seal to be affixed)

Sl. No

Description Quantity Rate Amount

1 Removal and Application of Cera Fiber Module with Anchors as per scope and technical specification of tender document for Furnace AB.

Lumps Sum.

2 Removal and Application of Cera Fiber Module with Anchors as per scope and technical specification of tender document for Furnace CD.

Lumps Sum.

3 TOTAL for Services (in figures & words)

Sl. No

Description % age considered

Rate in quoted currency

Amount in quoted currency

1 Service Tax + Edu. Cess + Higher Edu. Cess

2 Works Contract Tax 3 Others, Please Specify, if any 4 TOTAL of Taxes and Duties on Supply of Services (in figures &

words)

Page 15 of 21

SUMMARY OF LUMPSUM PRICES:

Notes for Schedule of Rates: 1. The break up material and services in Schedule of Rates pertain to major material and

services. It will be the responsibility of the vendor to quote for all material and services required for completion of work as per the contract, irrespective of whether all material and services are identified above or not.

2. The bidder to indicate the conversion rate considered in case of any currency other than Indian Rupees.

3. In case the percentage of any taxes & duties applicable is different for various items, bidder shall specify the applicable percentage on such item along with relevant break-up as per above tables.

4. The Bidder shall quote Single Rate against offered item and not Multiple Rates in the Schedule of Rates. Any bid with Multiple Rates quoted will be summarily rejected.

5. As per GOI Notification No 30/2012-Service Tax, Para B.II (9), 50% of the applicable Service Tax shall be payable by the Contractor while 50% of the applicable Service Tax shall be payable by NFL. The service deposited by the Contractor shall be reimbursed on production of documentary evidence of having deposited the same in Govt account.

6. TDS shall be applicable as per Income Tax Rules. 7. The Bids shall be evaluated on the Combined Rates of Scope of Supply and Scope of

Services together as per total of Part-I, Part-IA, Part-II and Part-IIA (S. No. 3.0-Grand Total) of Summary of Lumpsum Prices.

8. Addition/deletion of taxes imposed by the State Governments/Central Government after submission of tender documents and during contractual period shall be to NFL’s account.

(Signature of Bidder) Place: Date: Name __________________

(Seal to be affixed)

Sl. No

Description Rate Amount

1.0 Total Price of Supply of Materials as per Part-I

1.1 Total Taxes & Duties on Supply of Material as per Part-IA

1.2 Total of Supplies (Part-I + Part-IA) 2.0 Total for Services as per Part-II 2.1 Total of Taxes & Duties on Services

as per Part-IIA

2.2 Total of Services (Part-II + Part-IIA) 3.0 GRAND TOTAL; LUMPSUM

PRICE

Page 16 of 21

DECLARATION FORM-I

Quotation No.:________________________ Date: ___/___/_____

Ch.Mgr. (Mech.), M/s. National Fertilizers Limited Vijaipur-473 111 District Guna, Madhya Pradesh Subject: Notice Inviting Tender for Replacement of Radiant Furnace Module Ceramic Fiber Lining of

Primary Reformer H 3201 in Ammonia-II at NFL, Vijaipur. Sir,

I / We __________________________________ have read the conditions of the tender attached here to and agree to abide by such conditions. I / We offer to do the job of Replacement of Radiant Furnace Module Ceramic Fiber Lining of Primary Reformer H 3201 in Ammonia-II at NFL, Vijaipur at the rates quoted in the attached Schedule of Rates and in accordance with the inspection, standards and other terms & condition of the Tender of M/s. National Fertilizers Limited and hereby, bind myself / ourselves to complete the work schedule and progress of work.

I / We further agree to abide by the conditions of contract and to carry out all works within the specified time in accordance with applications, workmanship and instructions referred to in the Notice Inviting Tender.

I / We agree to accept payment by ECS / EFT from your Bank i.e. SBI, Bavrikhera

Branch, Branch Code: 8455. Details of my Bank A/c No. are as under: A/c No. in any Branch of SBI: ________________________________ Name & Address of the Branch: ________________________________ Branch Code: ________________________________ In case of acceptance of the Tender by the National Fertilizers Limited, I / We bind

myself / ourselves to execute the contract as per the conditions mentioned in the tender document, failing which, I / We shall have no objection to the forfeiture of the Earnest Money lodged with the National Fertilizers Limited, Vijaipur.

(Signature of Tenderer with Seal)

Name: ________________________________

Address: ________________________________

________________________________

Place: ________________________________

Date: ________________________________

Page 17 of 21

DECLARATION FORM-II

THE FOLLOWING DECLARATION TO BE SIGNED BY CONTRACTOR

Sr. Description

1.

If a Tenderer has relations whether by blood or otherwise with any of employees of NFL (Owner), the Tenderer must disclose the relation at the time of submission of Tender, failing which, NFL shall reserves the right to reject the Tender or rescind the Contract.

YES / NO (If Yes, give the following details)

Name & Designation of the Employee

Place of Posting

Relation with the Employee

2. P.F. Registration No. of the Contractor to be intimated along with Documentary proof thereof.

P.F. Registration Number

3 PAN No. of the Contractor to be intimated along with Documentary Proof thereof.

PAN Number

4

Service Tax Registration No. (Documentary proof to be attached)

Break-up for the purpose of calculation of Service Tax (if applicable) as per GOI Notification No. 24/2012 Dated 06.06.2012

Percentage of Material Component

%

Percentage of Service / Labour Component

%

Rate of Service Tax applicable on Service / Labour component shall be as per prescribed rate by the Govt.

5

In case bidder is registered as Micro/Small/Medium Enterprises under MSMED Act 2006 promulgated by Govt. of India Vide Notification dated 16.06.2006, please indicate the relevant category and also enclose scanned copy of the certificate issued by concerned authorities.

It may also be confirmed if the MSEs owned by SC/ST Entrepreneurs and attach a copy of relevant certificates issued by authorities concerned in support of your claim with the Un-priced Techno-Commercial bid.

The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant [not being an employee or a Director or not having any interest in the bidder’s company/firm] where audited accounts are not mandatory as per law. Otherwise, it will be construed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

6 The bidder shall submit the name and address of the firm/company along with its constitution giving status of the same such as sole proprietorship/partnership or limited/private firm etc along with its copies duly attested by Notary public as evidence

(Signature of Tenderer with Seal)

Name: ________________________________

Address: ________________________________

________________________________

Place: ________________________________

Date: ………………………………………………

Page 18 of 21

INFORMATION REGARDING TENDERER PERFORMA NO. - 1

A) In case of individual

i) Name of Business

ii) Whether his Business is registered

iii) Date of commencement of business

iv) Whether he pays Income-Tax over Rs. 10,000/- per year

B) In case of Partnership

i) Name of Partnership

ii) Whether the Partnership is registered

iii) Date of establishment of firm

iv) If each of the partners of the firm pays Income-Tax over Rs. 10,000/- a year and if not which of them pays the same

C) In case of Limited Liability Company or Company Limited by Guarantee

i) Amount of paid up capital

ii) Name of Directors

iii) Date of Registration of Company

iv) Copies of the last two years’ Balance Sheets of the Company

D) Income Tax

i) Income Tax Clearance Certificate for previous years.

(SIGNATURE OF TENDERER)

Name ______________________________

Dated ________________

Place ________________

Page 19 of 21

DETAIL OF EXPERIENCE PERFORMA NO. - 2

Tenderer shall give information of similar works done during the past five years as per Performa given below:

Sr. No.

Full particulars of similar work carried out by Tenderer

Value of Contract

Contracted Completion

time

Actual completion

time

Year of completion

Name & Postal Address of Client

Certified that the above information is correct.

(SIGNATURE OF TENDERER)

Name________________________________

Date _________________

Place _________________

Page 20 of 21

Annexure-I

Eligibility Criteria for Replacement of Radiant Furnace Module Ceramic Fiber Lining of Primary Reformer H 3201 in Ammonia-II at NFL, Vijaipur :

1. Bidder should have the capability and experience for supply and application of refractory of similar specifications. Bidder should have executed at least one similar job during the last 10 yearswith satisfactory performance in Primary Reformer in Fertilizer / Petrochemical Plant.

Similar job means supply and application of Ceramic Fiber Module Linings in Primary Reformers in Fertilizers / Petrochemical plants as per the scope and technical specifications indicated in the tender document.

2. Vendor shall submit copies of purchase orders / work orders and completion certificates for the jobs executed in support of para 1 of eligibility criteria. The purchase orders / work orders / completion certificates shall be for supply as well as application of refractory at site for complete job.

3. Vendor to submit performance certificates for the jobs executed by them.

4. The value of the completed Purchase Orders and/or Work Orders during last 10 years ending the last day of the month previous to the one in which the applications are invited should be either of the following: Single PO / Work Order of value not less than Rs. 39.0 lakh

Or Two PO / Work Orders of value not less than Rs. 30.0 lakh

Or Three PO / Work Orders of value not less than Rs.25.0 lakh

5. The average annual financial turnover during the last three years ending 31st march of the previous financial year shall be at least Rs. 25.0lakh. Accordingly, the Bidders should submit the audited balance sheets as documentary proof and also as evidencing the positive net worth.

Page 21 of 21

Annexure-II

Documents required related to Application Part and subsequent Invoice: For Application Part, following documents to be submitted for making the gate passes: 1. Labour License copy required, if applicable depending upon the number of labourers

engaged for the job. 2. Workmen Compensation Insurance Policy with Medical Cover / extension. Medical

cover/ extension is mandatory with the WC insurance policy. For Invoice of the Application Part, following documents to be submitted for release of payment:

1. Copy of Labour License, if applicable. 2. Copy of WC policy with medical cover. 3. Wage Sheet of the labours for the months the labours have worked at NFL Vijaipur. 4. The wage payment to the labours shall be through bank only, which is mandatory.

Copy of Bank deposit receipts shall have to be provided. No other mode of payment is acceptable.

5. Self attested copy of PF challan for the months the labours have worked at NFL Vijaipur.

6. Self attested copy of ECR related to PF challan. 7. To ensure that after the completion of the job, the labours are still on the party’s rolls,

party has to submit the wage sheet, PF deposit challan and ECR copy of the PF deposit of the labours for next month to the month the labours have worked at NFL Vijaipur.

8. In case the labours are not on the party’s rolls, the party has to submit the copy of Form-13/19 submitted to PF office for the labours duly stamped by the PF office.

9. Documentary evidence of deposition of service tax. 10. Job completion certificate. 11. An undertaking for compliance to labour laws and regarding PF dues as per NFL

prescribed format. 12. A No Claim certificate as per NFL prescribed format. 13. Guarantee certificate. 14. All documents to be duly signed and stamped by the party.