GENERAL  DIRECTIONS  AND CONDITIONS  OF CONTRACT  :          Also Attached

NOTE : -

1.   Contractors are requested to see that all the paper of   tender document issued to them are intact as per above Index.

2.      Wherever reference to “DSR-1997”   or “DSR – 1981” or DSR of any other year of publication,  is   given  in  this  document  or in General  Directions   and  Conditions  of  Contract,  that  may be  read   and treated as  “DSR – 2002” (CPWD, Delhi Schedule of Rates – 2002)

Ref .No.  NFB/ CIVIL / CW –38                                    Dated:____________

To

________________________________

_______________________________

________________________________

Subject: Tender for  “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ”

Ref:       i)  Our NIT No.. NFB/ CIVIL / CW – 38  Dated  07.04.2004

ii)     Your letter No. _______________________Dated_________  requesting for issue of  tender document.

Dear Sir,

With reference to your above letter, please find enclosed herewith the tender document for the subject work.

You are requested to read carefully the “instructions to tenderers” mentioned on page 10-12 of special conditions of contract and submit your tender according to clause (iii) which is as under:

“The contractor should submit their quotations in three separate envelopes as under :

ENVELOPE-I, Marked and super scribed “EMD”:  It   should contain the earnest money.

 ENVELOPE - II ,  Marked  and super scribed “ TERMS AND CONDITIONS “

It should contain all the terms and conditions of GDCC and this Document along with duly filled in ANNEXURES, as supplied to the contractor, duly signed on each page as token of acceptance of the same. All  documents required to be submitted by the agency to establish their eligibility to participate in the bid, should be submitted in this envelope.

ENVELOPE – III,    Marked and super scribed “ PRICE  BID “

It should contain the quoted rates and amount on the Performa of “ Schedule of Quantities “ as issued to contractor. No condition should be mentioned on this Performa. All the three sealed envelopes should be stapled together or placed in a separate envelope and submitted in the Tender Box on/ before Scheduled date and time of submission of tenders  as per referred NIT.”

Thanking you,

Yours faithfully,
for & on behalf of NFL

( N.K .Khullar )
Manager(Civil)
Dated: ______________

TO BE SUBMITTED IN ENVELOPE - I

To

Manager(Civil)
National Fertilizers Limited
Bathinda.

Subject:   Tender for  “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ” 

Ref:    Your NIT No. NFB/ CIVIL  / CW - 38   dated  07.04.2004

Dear Sir,

With reference to your above NIT and the tender document issued to me/us, I/We submit as under:

I/we, have read and examined the Tender Documents relating to the work “White Washing, Distempering and Painting in Township & Plant Areas during   2004 - 05 ”

1.    I/We hereby tender for execution of the work referred to in the aforesaid documents upon the terms and conditions contained of referred to therein and in accordance in all respects with the specifications, design, drawings and other relevant details at the rates quoted in Schedule of Quantities and within the period(s) of completion of  12 ( TWELVE ) Months  as stipulated.

2.    In consideration of I/We invited to tender, I/We agree to keep the tender open for acceptance for 4 (four) months from the date of opening of Tender thereof and not to make any change in its terms and conditions which are not acceptable to NFL.

3.    I/We am/are fully aware that I/We would be required to fulfill all statutory provisions and obligations under various labour laws in regard to deployment of contract labour under my/our control.  I/We understand that the   rates quoted by us  in the ‘Schedule of Quantities’  are fully inclusive of the value of work described under several items including all costs and expenses which may be required in and for the completion of the work described together with all taxes, general risks, liabilities and obligations (e.g. temporary buildings, fencing, watching lighting, dewatering of drains leading to low laying areas/site of work, leaking water supply lines/sub soil water, stagnated water at site), inspection of materials and laboratory testing charges thereof, insurance, ESI deposits, transportation of materials from source of supply to site of work , route permits, octroi, royalty, indemnity, labour regulations, maintenance during defect liability period and the like and the prices are also  inclusive of all labour, materials, tools, plants, and equipments hoists, tackles, scaffoldings and the sundries, etc., and the rates shall remain firm irrespective of any variation in the prevailing rates of taxes, duties, levies, octroi etc., and any fresh imposition of any of these by State/Central/Statutory bodies and I/We shall indemnify NFL against levy of any taxes etc. in regard to this contract and in the event of NFL being assessed for any of the said taxes,  NFL shall have the right to recover the total amount so assessed from my/our dues and I/We shall also be responsible for all costs or expenses that may be incurred as may be necessary for full and entire completion of the work as specified under this contract.

4.    Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and conditions referred to above and in default thereof, to forfeit and pay to the NFL or its successors or its authorized nominees such sums of money as are stipulated in conditions contained in tender notice and other tender documents.

I/We hereby pay the Earnest Money of Rs. 16000.00 (Rupees Sixteen Thousand   only) by way of demand draft No._________________ Dated______________ payable at Bathinda in favour of National Fertilizers Limited, Bathinda.

If I/We fail to commence the work specified in the detailed Work Order, or I/We fail to deposit the amount of Security Deposit specified in the Work Order, I/We agree that the NFL or its successors without prejudice to any other right or remedy be at liberty to forfeit the said earnest money in full, otherwise the said earnest money shall be retained by NFL towards the security deposit.

Thanking You,

for M/s_______________________

(Signature of Contractor/Authorized Signatory  with Seal)

Name:_________________________

Address:_________________________

NIT No. NFB / CIVIL / CW - 38                                      Dated 07.04.2004

NOTICE INVITING TENDER

The undersigned on behalf of National Fertilizers Limited, Bathinda,  invites sealed item rate tenders in two part bid system, from bonafide, experienced, registered/enlisted contractors by NFL for the work of   “Whitewashing, Distempering and Painting in Township & Plant Areas during   2004 - 05 ” as per following schedule :

Tender documents (non transferable) can be had by the contractor or his duly authorized representative from the office of the undersigned as per above schedule on submission of Tender Fee. Tender fee (non-refundable) and earnest money shall be paid by demand draft only drawn in favour of National Fertilizers Limited, BATHINDA  payable at BATHINDA.

NFL reserves it’s right to open the Price bids of only such contractors  who are found to be meeting the eligibility criteria (as defined on page 8 of contract Document) based on the documents submitted by him/them in the Technical bids. NFL further reserves it’s right to accept / reject any / all tenders in whole or in part, and/ or split up the work between two or more contractors without assigning any reason thereof. The split of the work between two or more parties shall be on area of work basis i.e. separate contract for township and separate for factory area.

NFL takes no responsibility for delay, loss or non receipt of tender document sent by post. Tenders received through Post / Courier after 3.00 PM on 20.05.2004 shall be rejected outright. The tender issuing authority reserves the right to refuse the issue of tender documents to any party without assigning any reason(s) thereof.

For & on behalf of
National Fertilizers Limited , Bathinda
Dy.General Manager ( M&C )

TO BE SUBMITTED IN ENVELOPE - II

Subject:   Tender for “Whitewashing, Distempering and Painting in Township & Plant Areas during   2004 - 05 ”

Ref:    Our  NIT No. NFB/ CIVIL / CW – 38   dated 07.04.2004

1.  ELIGIBILITY  CRETERIA

The party shall be deemed to be eligible to participate in the bid only, if he / they meet the following eligibility criteria and submit the documentary evidence in support thereof. 

1. 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.

2   a)  The party / agency should have the experience of successfully executed similar works during the last seven years ending last day of the month previous to the one, in which applications for issue of tenders are invited

b)     The agency should submit the copies of work orders along with their completion certificates  issued by the appropriate authority for the following :-

(i)      Three similar completed works each costing not less than the amount equal to Rs.  4.80 Lakh OR

(ii)      Two similar completed works each costing not less than Rs. 06.00  Lakh OR

(iii)      One similar completed work  costing  not less than Rs. 09.60  Lakh

3.       Definition of “similar work” means : Nature of work like Construction and maintenance of  civil engineering works / White washing, Distempering and Painting of Buildings.

4.       Average Annual financial turnover of the agency  during the last 3 years ending 31st March of the previous financial year should be at least Rs. 06.00   Lakh for which agency shall submit the documentary evidence in support thereof.

5.       Copy of PAN and latest   copy of filling of  Income Tax Return along with PAN shall be submitted by the agency.

6.  Copy of  P.F. Registration No.  with the PF Authorities shall be submitted by the agency.

7.   Certificate regarding No Relation with any employee of NFL as per enclosed Performa shall be submitted by the party.

8.   Labour license to be obtained, if applicable.

2.   EVALUATION   CRETERIA

1.    The Technical Bids of only such tenders shall be opened who has / have  deposited the EMD in the requisite form as per our NIT.

2.     Price Bids (s) of the Tenderer  (s) meeting the Eligibility / Performance criteria,  based on the documents submitted by them,  shall only be opened.

3.     The contract shall be awarded on Composite L – 1 basis.  However, in case, it is found that L – 1 tenderer has quoted non-workable rates for one / more items due to which they become L – 1,  NFL reserves the right to reject such tender.  This condition shall be applicable on next lowest tender (s) also.

4.      If the tenderer does not quote rate of any item, it may be noted that for evaluation purposes the same shall be taken based on the highest rate quoted by the other tenders.  However, order shall be placed for the same item based on the lowest rate quoted by the other tenderers.

5.      Contractors are required to   quote their rates of the respective item of work as per the “UNIT” of Item mentioned in the Schedule of Quantities. If it is found that the contractor has quoted his rates against a particular item(s)  by changing the “UNIT” , the such quoted rates of the contractor with the changed “UNIT” shall be ignored  and treated as UNQUOTED RATE against that particular Item(s)and the tender shall be evaluated as per pera 4 above.

Note : 1   :

The price bids of only such contractors / agencies shall be opened who are found eligible by NFL based on the documents submitted by them as eligibility criteria  mentioned on Page - 8

NOTE II :-

The documents as mentioned above  in eligibility criteria shall be submitted by the agency in the Envelope II as explained on page 3 of this tender documents.

INSTRUCTIONS TO THE TENDERERS

i)        Before submitting their tenders, tenderers are advised to study the terms and conditions as laid down in Tender Document and also to inspect and examine the site and its surroundings and satisfy themselves , as to the nature of the ground and sub-soil (so far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risk, contingencies and other circumstances which may influence or affect their tender.  A tenderer shall be deemed to have full knowledge of the terms and conditions of contract and also shall be deemed to have full knowledge of the site, whether he inspects it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed.

ii)       Tenderers shall submit their tenders complete in all respects in sealed cover as under together with all documents mentioned in the tender so as to reach the office of  Manager (Civil), National Fertilizers Limited, Bathinda – 151 003 at Technical Building up to 1500 hrs. on 20.05.2004

iii)       The Contractor should submit their quotations in three separate envelopes as under :

ENVELOPE - I ,  Marked and super scribed “ EMD “ : It  should contain the earnest money.

ENVELOPE - II ,  Marked  and super scribed “ TERMS AND CONDITIONS “

It should contain all the terms and conditions of GDCC and this Document   along with duly filled in ANNEXURES, as supplied to the contractor, duly signed on each page as token of acceptance of the same. All  documents required to be submitted by the agency to establish their eligibility to participate in the bid, should be submitted in this envelope.

ENVELOPE – III,    Marked and super scribed “ PRICE  BID “

It should contain the quoted rates and amount on the Performa of “ Schedule of Quantities “ as issued to contractor. No condition should be mentioned on this Performa. All the three sealed envelopes should be stapled together or placed in a separate envelope and submitted in the Tender Box on/ before Scheduled date and time of submission of tenders  as per referred NIT.”

No condition in Price Bid shall be accepted.

iv)      The tenderer should also see the ‘ Technical Terms and Conditions’  of   document  and quote his rates accordingly.

v)       The tender shall be accompanied by Earnest Money of Rs. 16,000.00 (Rupees Sixteen Thousand   only) in the form of demand draft  payable at a scheduled bank at BATHINDA, in favour of National Fertilizers Limited, BATHINDA.

vi)       Not more than one tender shall be submitted by a contractor or by a firm of contractors.   No two or more concerns in which an individual is interested as a proprietor and/or a partner shall tender for the execution of the same works.  If they do so, all such tenders shall be liable to be rejected.

vii)      Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the works to be done and of conditions and rates at which stores, tools and plant, etc. will be issued to him by NFL and local conditions and other factors bearing on the executing of the works.

viii)      A tenderer shall quote in figures as well as in words the rate(s) tendered, the amount of each item shall be worked out and the requisite totals given.  Special care shall be taken to write rates in figures and words and the amounts in figures only in such a way that interpretation is not possible.  The total amount shall be written both in figures and in words.

ix)        Tenderers must give their postal address as well as their residential address with phone numbers, Fax No. & E-Mail address of themselves or their Chief Executive or Agent, in the tender at the proper place.  The tender documents submitted by the tenderer will be rejected if he or his agent cannot be contacted after reasonable search and the earnest money will be forfeited by NFL.

x)         The tenderer shall sign at the bottom right hand corner of every page of the tender documents in token of acceptance of NFL’s conditions and for the purpose of identification.   Tenders received without signature and seal of the contracting firm may be summarily rejected which shall be final and binding.

xi)        When the tender submitted is not in the name of an individual, the tender shall disclose the nature, constitution and registration of the tendering firm and shall be signed by persons or a person duly authorized by the firm by means of legal document/Power of Attorney, a duly certified copy of the same shall be attached with the tender.  For illustration, in the event of a tender being submitted by a partnership firm it must be signed separately by each partner or by a person holding power of attorney authorizing him to do so.  Such power of attorney shall be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act.

xii)        It is the responsibility of the contractor to keep their labour in the specified area only. Strict action would be taken against the labour and contractor, if found at other than the work places and or indulge in unlawful activities.

xiii)       The Contractor shall have to give an undertaking in writing in the enclosed Annexure ‘A’ along with the tender that all the conditions of inviting tenders are acceptable to him without any reservation & he himself has ascertained the quantum, nature & procedure for carrying out the job.( Envelope-II).

xiv)       Declaration regarding unconditional offer is to be signed by the contractor and submitted as per Annexure – “B” (Envelope-II)

xv)        The General Directions and Conditions of Contract (GDCC) shall form part of the contract and these are to be signed by the contractor as a token of acceptance of the same and submitted as per Annexure – “C” (Envelope-II)

xvi)       Declaration regarding no relations in NFL is to be provided in the enclosed Annexure ‘D’(Envelope-II)

xvii)       These instruction to tenderers shall form part of the contract documents.

NOTE :-

THE CONTRACTORS WHO HAVE NOT PURCHASED THE TENDER DOCUMENTS FROM NFL BY DEPOSITING THE COST OF TENDER DOCUMENT AND INSTEAD,  HAVE DOWN LOADED TENDER DOCUMENT FROM NFL's WEB SITE,  ARE REQUIRED TO DEPOSIT THE COST OF TENDER DOCUMENT ALONG WITH THE LETTER AS PER  "ANNEXURE - E"  ENCLOSED AT THE END OF THIS DOCUMENT.  THIS "ANNEXURE - E" ALONG WITH THE DEMAND DRAFT OF REQUISITE AMOUNT TOWARDS THE COST OF TENDER DOCUMENT SHALL BE SUBMITTED IN A SEPERATE ENVELOPE AND DEPOSITED WITH NFL BEFORE SUBMITTING THE TENDER.  IN CASE THE COST OF TENDER DOCUMENT IS NOT SUBMITTED BY THE TENDERER,  NFL RESERVES THE RIGHT TO REJECT THE TENDER STRAIGHTWAY. 

SPECIAL  CONDITIONS  OF  CONTRACT

1.     ARBITRATION & CONCILIATION

i)      At the first instance both the parties shall make efforts to resolve the dispute        through conciliation as per the procedures laid down in the Arbitration and Conciliation Act , 1996 failing which, disputes shall be referred to the arbitration as per the provision provided hereunder.

All matters , questions or differences whatsoever which shall at any time arise between the parties hereto, touching the construction, meaning, operation or effect of the contract or out of the matters relating to the contract or breach thereof or the respective rights or liabilities of the parties whether during execution or after completion of the work or whether before or after examination, shall after written notice by either party to the contract be referred  to the sole arbitration of Chief General Manager, Bathinda who may himself enter into the reference as Arbitrator or appoint any other person to be the Arbitrator. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made there under. 

ii)      JURISDICTION 

This contract shall be deemed to be entered into at Bathinda and all matters   claims and disputes arising out of or in respect of this contract shall be settled at Bathinda and all legal proceedings shall be instituted only in Bathinda Courts which alone will have the jurisdiction.

iii)      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 obligations contained therein, if the performance is prevented or delayed or restricted or interrupted  with by the reason of war, hostilities, revolution, civil commotion, strike, epidemics, 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. 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 interference to the extent of such prevention, delay, restriction or performance 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.

2.      CONTRACTOR’S OBLIGATIONS

i)       The contractor has to arrange all types of materials, labour, tools and plants, equipments and machinery at his cost to execute the work to the entire satisfaction of Engineer-in-charge/as per contract provisions for which he will be paid for as per his quoted/finally agreed rates as per work order.

ii)        Personal protective equipment (PPEs) such as  shoes, goggles, hand gloves, safety belts etc. for the labour shall be arranged by the contractor and it is mandatory for all workmen to use the PPEs.

iii)        Contractor may employ such employees / labourers as he may think fit and the employees so employed shall be the employees of the contractor for all purposes whatsoever and shall not be deemed to be in the employment of NFL under any circumstances whatsoever. Contractor shall adhere to all laws, rules and regulations that may be in force from time to time concerning the employment or service conditions of its employees.  If under any eventuality whatsoever, NFL is held liable or responsible in any manner whatsoever for the default or omission on the part of the contractor in abiding by the aforesaid rules, regulations and laws or held liable or responsible to the employees of the contractor in respect of any matter whatsoever and called upon to make payment on that account, NFL shall be reimbursed by the contractor for the same as also any other expenses, costs and charges incurred by NFL in any proceeding or litigation arising out of any claim demand or act on the part of the contractor,  NFL shall be entitled to claim damages or compensation from the contractor in that event. NFL shall also be entitled to recover the aforesaid amount from the money that may become due and payable to the contractor. 

iv)       It is understood by the contractor that in the event of any losses/damages caused to the owner due to the reasons whatsoever within his control and the same losses/damages are proved, the contractor shall make good all the consequential damages/losses to the owner without any protest and demur.  These damages/losses shall be a part from other claims/damages to which the owner is entitled under the contract or in the court of law.

v)        If a tenderer has relations whether by blood or otherwise with any of the employees of the owner (NFL), the tenderer 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.

vi)        In case contractor fails to fulfill his obligation under the contractor, NFL shall have the right to rescind the contract and get the work done from any other agency at the risk and cost of the contractor plus 25 % (Twenty Five percent) departmental charges.

3.        PROVIDENT FUND CODE :

The contractor shall furnish PF code number of his employees and shall maintain all periodical records pertaining to PF of his employees as per requirement of PF Act.  NFL reserves the right to deduct/withhold such amount from contractor’s bills as deemed fit towards PF of his employees along with his contribution and such deducted/withhold amount can be released to him only when he produce clearance from the concerned P.F. Commissioner.

4.        LABOUR LICENCE :

Contractor shall obtain labour license  for the labour to be deployed by him for executing this work as per statutory requirement  & he shall submit the same to NFL.

5.     PAYMENT OF WAGES :

The contractor shall ensure that the payment of wages to the labourers has been made in accordance with the Minimum Wages Act, if at any time it is noticed or it comes to the knowledge that the payment to the labourers 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.

6.     OTHER STATUTORY REQUIREMENTS :

i)      The contractor shall comply with the provisions of the payment of wages act, 1936, Minimum Wages Act, 1936, Minimum Wages Act, 1948, Employees Provident Fund & Misc. Provisions Act, 1952, Employers’ Liability Act, 1938, Workmen’s Compensation Act, 1923, Maternity Benefit Act, 1961, the contract labour (Regulation & Abolition Act, 1970 and Mines Act, 1932 or any modification thereof.  Contractor shall also comply  with the provisions of all other Acts, Rules & Regulations connected with the employment of labour for the purpose of execution of this contract.

ii)      In the absence of the contractor himself, the contractor will depute minimum one Site Supervisor/Engineer/Authorized agent with proper power of attorney from the date of start of the work to the date of actual completion of the job for supervising work and arranging material, manpower taking instructions from Engineer-in-charge/Site Engineer, accepting the measurements etc. in the absence of the said supervisor,  NFL may suspend the work at the cost of contractor

iii)      Clause No. 8.17.0.0 of GDCC dealing with contractors obligations under various labour laws, shall be also applicable  on this contract.

TECHNICAL TERMS AND CONDITIONS

1.0    THE GENERAL DIRECTIONS AND CONDITIONS OF CONTRACT (GDCC) WHICH  WILL FORM PART OF THE CONTRACT AGREEMENT MAY BE STUDIED BY THE CONTRACTORS BEFORE SUBMISSION OF THEIR TENDERS, IN THE ABSENCE OF WHICH IT WILL BE PRESUMED THAT THE CONTRACTOR HAS SEEN, STUDIED AND ACCEPTED THE GDCC.  THESE   CONDITIONS OF CONTRACT AS STIPULATED IN THIS DOCUMENT ARE IN CONTINUATION OF GDCC AND SHALL ALSO FORM PART OF THE CONTRACT.

i.      Wherever these conditions contradict any clause as contained elsewhere in the tender document, the condition/specification as mentioned in this document shall supercede those relevant conditions.

ii.      No compensation for any damage done to the executed job or to the raw materials stored at site, by rain, flood, or any other unavoidable circumstances, or natural calamities during the execution of work or up to expiry of liability period, shall be made by NFL.

2.0      SPECIFICATIONS :

2.1     The specification for workmanship shall be as described in the Central Public works Department latest “specifications” including amendments, unless otherwise specified.  These CPWD specifications shall be deemed to form part of this contract.

2.2     The CPWD specifications shall take precedence over the provisions in the Bureau of Indian Standards (BIS) specifications/Indian Road Congress (IRC).  Wherever CPWD specifications are silent, the relevant BIS/IRC specifications shall be referred.

2.3     In case of any class of work for which there is no such specification as laid down in the contract, such work shall be carried out in accordance with the instructions and requirement of the Engineer-in-charge.

3. 0    SCOPE OF WORK

3.1     The scope of work of  “White Washing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ” provides for white washing, distempering, painting and water proofing cement paint etc. as per nomenclature of item as defined in Scheduled of Quantities, on the buildings of NFL Township, CISF Colony, Factory area or in any other areas within NFL Complex.

3.2     The work has to be executed to the interior & exterior surfaces of all buildings at all heights and location .  The agency has to make his own arrangements at his cost without any extra claim from NFL,  for scaffolding, staging, ladders, safety equipments  etc. for safe and smooth approach and   working for overall completion of the work.

3.3     The materials brought at site such as lime, Distemper Paint and Water proofing paint should be got approved from the Engineer-In-Charge before the application to the surfaces.  Consumption of materials i.e. lime, distemper and paint etc. shall be as per manufacturer’s  recommendations.  Materials brought at site shall be kept under joint custody of contractor and NFL.

3.4     Distemper, paint and water proofing cement paint should be brought to site in sealed package only.

3.5     Only fevicol will be allowed to be used in the work. Crushed glue should not be brought at site.

3.6     After completion of days work in particular area, the agency has to clean / wash the splashes of white wash, colour wash, distemper, wash, paint etc. from wood work / glasses / floors  and plinth protection, installed equipments / control panels in plant area.

3.7     The paints, cement paints / distemper etc. produced by any one of the following manufacturers are approved for procurement and use under this contract    :-

iii.       M/s Berger Paintsiv.       M/s Asian  Paints

v.       M/s  Jonson   Nickolson

vi.       M/s Nerolac  Paints

vii.       M/s Shalimar Paints

viii.       M/s Aquolac  Paints

ix.       M/s Click Nixon

x.       Or any other manufacture approved by B.I.S.

3.8     For executing the works in Factory area,  safety work permits will be issued for doing the jobs,  without any safety work permit duly issued by NFL, work will not be allowed to be carried out.

3.9     For doing the work in plant area the workers, supervisors, Engineers are allowed to come in the plant area with proper gate passes.  NFL will issue necessary gate passes to such persons for whom the request will have to be made by the contractor.  NFL will not be  responsible for late entry of the persons through the gate due to the absence of gate passes.

3.10     All consumable, non-consumable materials are to be got entered in the register being maintained by security personnel at the factory’s Main Gate, for which NFL will issue instructions for their entry at the gate.

COMMERCIAL TERMS AND CONDITIONS.

1.0      SCOPE OF SUPPLY OF MATERIALS BY NFL.

1.1      NFL shall  supply, if required, the following  materials  on chargeable basis  on the rates mentioned against each for use in the works of “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ”  : -

1.2      The above materials shall be supplied from NFL Main Stores situated in Factory area.  The contractor has to transport the material from Main Stores to the site of work including loading and unloading of the same within their quoted rates.  The supply of above materials shall be governed by contract clause No. 3.0 page 126 and clause No. 3.0.0.0 ( Section – 3 ) Page 13 to 20 of GDCC.

1.3       NFL may at its own discretion issue the following tools / machinery free of charges, subject to availability to speed up the work to complete the same in required time.  The such tools / machinery shall be returned to NFL after completion of the job in working conditions.

a)      Hand roller

b)      Diesel / Electrical de-watering pump with Suction and Delivery pipe.

c)      Concrete breaker.

d)      Air Compressor with diesel for supplying compressed air for operation of Concrete breaker or supply of compressed air from outlets in various plants.

e)      Crane facility for attending the various maintenance jobs in hazardous conditions / areas.

2.0       ACCEPTANCE OF TENDER

National Fertilizers Limited reserves it’s right to accept/reject the lowest or any other tender or split up the award of work between two or more agencies or accept the whole or any part of the tender, without assigning any reason thereof and the tenderer shall be bound to perform / execute the work at his quoted / finally agreed rates as per work order. NFL further reserve it’s right to extend the contract for a further period of three months on the same rates, terms and conditions.

3.0       INITIAL SECURITY DEPOSIT  (I.S.D.):

The contractor shall within 2 (Two) weeks of issue of Letter of Intent, deposit a further sum which together with Earnest Money already deposited shall constitute the Initial Security Deposit on the following rates :

4.0      SECURITY DEPOSIT :

Security Deposit shall be recovered from the bills of the contractor at the rates mentioned below :

The ISD as per clause 2 above shall form part of security deposit. The S.D., I.S.D. and EMD deposited will not bear any interest. The security deposit shall remain with NFL and shall be refunded without any interest, to the contractor after   successful completion of defect liability period / and only after the contractor submits the clearance regarding P.F. Deposit for the labour engaged for this work , issued by the concerned P.F. Commissioner.  This clause may be read along with clause No.15

(Defect Liability Period) under Commercial Terms and Conditions

5.0    (A)   QUANTITES AND RATES :

i)      The   quantities as mentioned in the preformed of “Schedule of Quantities” supplied to contractor for quoting his rates ,i.e. Price Bid Performa , are just approximate and are for the purpose of quoting the rates by the contractor. These quantities may increase / decrease to any limit and / or any item may not have to be executed as per the prevailing site conditions / requirements at the time of execution of the work, but the rates as quoted by the contractor / accepted by NFL as per the Work Order , shall remain firm and valid during the entire contractual period including any extension of time for the  work.  In the event of such variations in Schedule of Quantities, NFL will not entertain any claim of the contractor.

ii)       The rates quoted/finally agreed as per Work Order shall be treated to remain firm throughout the  contractual period  including any extension of contract  period that may be granted and shall not be subjected to any sort of escalation even if such escalation is enacted by either the Local Bodies/Municipal Corp./State Government or the Central Government for either labour and/or the materials and/or  POL. NFL shall not allow even a minor revision of prices of the quoted rates during the period / extended contract period of the contract under any circumstances whatsoever  The tenderer must quote keeping in full view the requirements of the tender document except where it has been clearly stated that extra shall be paid, it is to be understood that nothing extra shall be paid even though it may not have been specifically pointed out that nothing extra shall be paid.   Therefore, the rates to be quoted in the ‘Schedule of Quantities’ by the tenderer are to be fully inclusive of the value of work described under several items including all costs and expenses which may be required in and for the overall  completion of the work described together with all taxes, general risks, liabilities and obligations (e.g. temporary buildings, fencing, watching lighting, dewatering of drains leading to low laying areas / site of work, leaking water supply lines/sub soil water, stagnated water at site), inspection of raw material and laboratory testing charges thereof, insurance, ESI deposits, transportation of materials from source of supply to site of work , route permits, octroi, royalty, indemnity, labour regulations, maintenance during defect liability period and the like and the prices are also to be inclusive of all labour, materials, tools, plants, and equipments hoists, tackles, scaffoldings and the sundries, etc. ,and the rates shall be firm irrespective of any variation in the prevailing rates of taxes, duties, levies, octroi etc., and any fresh imposition of any of these by State/Central/Statutory bodies and contractor shall indemnify NFL against levy of any taxes etc. in regard to this contract and in the event of NFL being assessed for any of the said taxes,  NFL shall have the right to recover the total amount so assessed from contractor’s dues and the contractor shall also be responsible for all costs or expenses that may be incurred as may be necessary for full and entire completion of the work as specified under this contract.

6.0     (B)  DISCREPANCIES  AND  ADJUSTMENT   OF  ERRORS

i)        The several  documents forming the contract are to be taken as mutually explanatory of   one another,  detailed drawing being followed in preference to small scale and Special Conditions  in preference to General Conditions.

ii)        In case of a discrepancy between the Schedule of Quantities, special conditions, the specification and the drawings the following order or preference shall be observed :  

(a)    Description in the schedule of quantities.
(b)    Special conditions.
(c)    Particular specifications.
(d)    Drawings
(e)    General Directions and Conditions of Contract  ( GDCC ).

iii)      If there are varying or conflicting provisions made in any one document forming part of the contract, the Accepting Authority shall be the deciding authority with regard to the intention of the contract.

iv)      Any error in description, quantity or rate in the schedule of quantities or any omission there of shall not vitiate the contract or release the contractor from the execution of the whole or any part of the works comprised there in accepting to the drawing and specifications or from any of his obligations under the contract.

v)       If there are found to be differences between the rates quoted by the contractor in words and figures or in the amount worked out by him in the Schedule of Quantities and the General summary, these shall be adjusted in accordance with the following rules:

a)       In the event of a discrepancy in rates between description in words and figures quoted by the tender   the description in words shall prevail.

b)        In the event of an error occurring in the amount column of schedule of quantities as a result of wrong extension of the unit rate and quantity the unit rate shall be regarded  as firm and extension shall be amended on the basis of the rate.

c)        All errors in totaling in the amount column and in carrying forward totals shall be corrected.

d)        The totals of various sections of quantities as amended shall be carried over to the general summary and the tendered sum amended accordingly.  The tendered sum so altered shall, for the purpose of the tender, be substituted for the sum originally tendered and considered for acceptance.  Any rounding off in the schedule of quantities or in general summary by the tenderer, shall be ignored.

e)       In case of similar item of work mentioned inadvertently in the scheduled of quantities  ( SOQ )  in some other parts of the  SOQ , the lowest quoted rates of such item(s) shall be operated in the contract. 

Contractors are required to  quote their rates of the respective item of work as per the “UNIT” of Item mentioned in the Schedule of Quantities. If it is found that the contractor has quoted his rates against a particular item(s)  by changing the “UNIT” , the such quoted rates of the contractor with the changed “UNIT” shall be ignored  and treated as UNQUOTED RATE against that particular Item(s)and the tender shall be evaluated as per pera 4 above.

7.0     TERMS OF PAYMENT

a.       The bills in quadruplicate on the printed forms of NFL will have to be prepared and submitted by the agency/its authorized representative after taking joint measurements. The payment against Running/Final bills shall be made as per provisions in the GDCC terms.

b.       On Account’ payments shall be released to the contractor on the basis of actual work   executed after recovery of the statutory deductions like Income Tax, Sales Tax, S.D. etc. as applicable.

8.0      INCOME TAX :

NFL shall be entitled to deduct Income Tax at source  from all payments due and to be made to the contractor under this contract in accordance with the provisions of Income Tax Act and rules framed there under, as applicable from time to time, including any amendment or modifications thereof.

9.0      SALES  / WORKS  TAX : 

NFL shall be entitled to deduct Sales Tax / Works Tax at source  from all payments due and to be made to the contractor under this contract in accordance with the provisions of Sales Tax Act / Commercial Tax Act and rules framed there under , as applicable from time to time, including any amendment or modifications thereof.

10.0     WATER CHARGES :

Water for executing this work shall be provided by NFL on chargeable basis @ 1% of the value of work which shall be recovered from the RA Bills / Final bills of the agency.

11.0     ELECTRIC POWER CONNECTION  :

Electricity  can  be  supplied on demand and on chargeable basis as per NFL rules fixed from  time  to  time.   However,  contractor  will  provide at his cost an electric meter, fuse box switches, starter  and wire required for taking connection from main receiving line and up to place of working.

12.0     VALIDITY OF OFFER :

The validity of  tender offer  as submitted by the contractor shall be 4(four) months from the date of opening of Tenders bid.  The EMD of the un-successful tenderers shall be refunded after the expiry of validity of offer/award of work, whichever is earlier.

13.0     COMPLETION / CONTRACT   PERIOD :

The contract period for the entire work, shall be 12 ( Twelve ) Months from the scheduled date of start of the job. The scheduled date of start of the work / contract   shall be reckoned from 10th day of the issue of LOI or from the date of handing over of site whichever is later.  The contract can be extended at the sole discretion of NFL for a further period of three months on the same rates, terms and conditions of the contract.

14.0      LIQUIDATED DAMAGES  :

If   there is any delay in the final completion of the work at any job site or specific   works in respect of which a separate progress Schedule has been established, beyond   the final completion of the work or works aforesaid at the job site as stipulated in the  Progress Schedule, the owner shall (without prejudice to any other right of owner in   this behalf) be entitled to recover liquidate damages for the delay at 1% (one percent)   of the total  contract value for each week  or part thereof that the work remains   incomplete beyond the  scheduled date of final completion for the work or works, as the case may be at the job  site, subject to a maximum of 10% (ten percent) of the  value of work . These Liquidated Damages shall be recovered from the R.A. / Final Bill of the contractor of this work, or from any other dues of the contractor against any  other contract , or from any other dues of contractor lying with NFL. The total contract value means the total value for the purpose of Security Deposit as defined in Clause No. 4.4.1.0  of GDCC

15.0      DEFECT LIABILITY PERIOD  :

Defect liability period of works unless otherwise specified shall be 6 (six) months from the actual date of completion of work as per  completion certificate issued, or the expiry  of  the full next following monsoon season (i.e. 15 July to 15 October following the actual date of  completion) whichever shall be later and the contractor shall at his own cost and  initiative, correct repair and/or rectify any  / and all defect(s) and/or imperfections in the  design of the work (in so far as the contractor shall be concerned with the design of the  work or any part thereof) and/or in the work performed and/or materials, components or   other items incorporated therein as shall be discovered during the said defect liability  period and in the event of the contractor failing to do so,  NFL reserves the right to get the same repaired at the risk & cost of the contractor PLUS 25 % ( Twenty Five percent)Departmental Charges, and the expenditure so incurred by NFL shall be adjusted towards the said Security Deposit and / or any other due lying with NFL.

16.0     RESIDENTIAL  ACCOMMODATION :

(A)      NFL will provide one No. A Type quarter ( Two room ) on nominal rent to be fixed by NFL from time to time { which at present is Rs. 67/- (Rs. Sixty seven only) Per Month.}, for the residence of the contractor’s staff, subject to availability. 

(B)      In case contractor wants more than one A Type quarter in the Township the same shall be allotted, subject to availability, on fair rental value to be fixed by NFL from time to time, which at present is Rs. 4.15 per sq.   feet.

(C)      After completion of the contract, the contractor will be allowed to retain the accommodation for 15 days ( on the above rates), to complete the contractual obligations after which the contractor shall vacate and hand over the possession of quarter to NFL.  In case the quarter is not vacated and handed over back to NFL, within the allowed period,  Market rent  ( which is fixed by NFL from time to time) will be charged from the contractor for the period the quarter remains under the unauthorized occupation of the contractor. The payment against final bill and the Security Deposit shall be released by NFL after vacation of the quarter by the contractor. 

(D)      The charges for water & electric power consumption shall be charged extra as per Co’ s Rules.

(E)      While taking the accommodation, the contractor will check the inventory and shall hand the same to NFL in original condition at the time of vacation of the quarter.  Any changes made by the contractor during the course of occupation of the contractor, shall be restored back.

(F)      If at any time it is found by NFL that any of the contractor’s employees residing in the township are creating nuisance/disturbance to other residents, the contractor shall immediately remove such employees (s).  In case such employees are not removed by the contractor or still are creating nuisance, the accommodation allotted to the contractor shall be cancelled and he shall be required to vacate the same within a period of 3 days after hearing from NFL in writing.  The contractor shall have no claim whatsoever on this account.

17.0     AGREEMENT :

The contractor shall have to execute an agreement with NFL on a non-judicial stamp  paper of Rs 15.00 at Bathinda within seven days of issue of LOI. The cost of stamp paper shall be borne by the contractor himself. The agreement to be executed will be in the prescribed Performa supplied by NFL.

18.0    OTHERS :

The terms & conditions as laid down above are to be read wherever applicable with the relevant clauses of terms and conditions of “General Directions and Conditions of Contract (GDCC)”. However, all other clauses of GDCC shall apply to the contract.

(N.K .Khullar )
Manager (Civil)

ANNEXURE-A

( To be submitted in Envelope II)
DECLARATION FORM

Dated: ______________

To

Manager(Civil)
National Fertilizers Limited
Bathinda.

Subject:   Tender for  “Whitewashing, Distempering and Painting in Township &   Plant Areas during  2004 - 05 ”

Ref.:   Your NIT No.  NFB  / CIVIL  / CW – 38  Dated   07.04.2004

Dear Sir,

I/We have read the conditions of tender attached hereto and agree to abide by such conditions.  I/We offer to do the job of    “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ”  work at the rates quoted in the attached Schedule of Rates and in accordance with the specifications, standards and instructions in writing of the Engineer-in-Charge 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 work within the specified time in accordance with the specifications of materials and workmanship and instructions referred to in the Notice Inviting Tender.

In case of acceptance of the tender by National Fertilizers Limited, I/we bind myself/ourselves to execute the contract as per the conditions mentioned in the tender documents, failing which, I/We shall have no objection in rescinding the contract by NFL and to the forfeiture of the Earnest Money lodged with National Fertilizers Limited, Bathinda.

Thanking You,

for M/s_______________________
(Signature of Contractor/Authorized Signatory  with Seal)Name:_________________________
Address:

ANNEXURE-B

( To be submitted in Envelope II)

Subject:   Tender for “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ”

Ref.:        Your NIT No.  NFB  / CIVIL  / CW – 38  Dated  07.04.2004

UNDERTAKING

Dated: _____________

1.      I/We hereby confirm that Commercial Bid  i. e Price Bid is strictly as per Schedule of Quantities (Description/ Unit/Quantity of Items), Terms & Conditions and is also Un-conditional,  including rebates offered.  I/We shall have no objection for rejection of the offer if found conditional.

2.     All the pages of NIT and Schedule issued to us have been signed for its validity and in token of its acceptance by us.

for M/s____________________
(Signature of Contractor/Authorized Signatory with Seal)
Name______________________
Address:

ANNEXURE-C

( To be submitted in Envelope II)

Subject:   Tender for  “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ”

Ref.:    Your NIT No.  NFB  / CIVIL  / CW – 38 Dated  07.04.2004.

ACCEPTANCE OF TENDER CONDITIONS

I/We have personally read the General Directions & Conditions of Contract (G.D.C.C.) for the subject work, and    I/we accept all the terms & conditions as mentioned in the G.D.C.C. without any reservation and  shall abide by the same.

for M/s_____________________
(Signature of Contractor/Authorized Signatory with Seal)Name______________________
Address:

ANNEXURE – D

( To be submitted in Envelope II)

Subject:   Tender for  “Whitewashing, Distempering and Painting in Township & Plant Areas during  2004 - 05 ”

Ref.:        Your NIT No.  NFB  / CIVIL  / CW – 38  Dated 07.04.2004.

NO RELATIONSHIP CERTIFICATE

It is certified that I, the undersigned do not have relationship with any of the employees working in NFL.

The above statement is true and is submitted against the tender enquiry No. NFB/ CIVIL / CW – 38    dated 07.04.2004   of Civil Engineering  Department, NFL Bathinda.

Date: ___________
Signature of the Co/Firm (Seal)

ANNEXURE - E

( This application is to be submitted in separate envelope by such contractor (s) who have down loaded the tender documents from our web site. This application along with Demand Draft is to be deposited with NFL before submitting the the main tender )

Date : _____________

Dy. General Manager ( M & C )
National Fertilizers Limited
Bathinda

Sub : -  " Whitewashing, Distempering and Painting in Township &  Plant Areas during  2004 - 05".

Dear Sir,

With reference to your NIT No. NFB / Civil / CW - 38 dated 07.04.2004 and the tender documents displayed on your web site, we hereby submit  our tender for the subject work. 

Since we have not purchased the tender document from your office and the tender document has been down loaded by us from your web site, we are hereby enclosing  a Demand Draft No. _____________ dated _________ of ________________________   (Bank) amounting to Rs. 500.00  (Rs. Five hundred fifty only ),  in favour of National Fertilizers Limited, payable at  Bathinda   towards the cost of tender documents.

Thanking you,

Yours faithfully
for & on behalf of Contractor
( _______________________)
Signature
( Seal )