NATIONAL FERTILIZERS LIMITED
(A GOVERNMENT OF INDIA UNDERTAKING)
(CIVIL ENGINEERING DEPARTMENT )

TENDER  DOCUMENT FOR    “Repair of Roads  at NFL Bathinda ”

NIT No. NFB / CIVIL / CW – 35  DATED    Dated  07.04.2004

DUE  DATE  OF  RECEIPT  OF  TENDERS  :           20.05.2004   UPTO 1500 Hr.

DUE  DATE  OF  OPENING OF  TENDERS  :          20.05.2004   AT 1530 Hr.

THIS DOCUMENT CONTAINS :

GENERAL DIRECTIONS & CONDITIONS OF CONTRACT

(GDCC)                                                       PRINTED BOOKLET ( Page 1 to Page 136)

CONTRACT  CONDITIONS :                     33 PAGES

SCHEDULE OF QUANTITIES  :                 03 PAGES

 TOTAL   36  PAGES + PRINTED  BOOKLET  (GDCC)

TENDER  ISSUED  TO  :

Signature of Tender Issuing Authority

INDEX

“Repair of Roads  at NFL Bathinda ”

GENERAL  DIRECTIONS  AND CONDITIONS  OF CONTRACT          : Also Attached

NOTES : -

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 –35                                           Dated:____________

To

________________________________

________________________________

________________________________

Subject:    Tender for  “Repair of Roads  at NFL Bathinda”

Ref:       i)  Our NIT No.. NFB/ CIVIL / CW – 35  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  “Repair of Roads  at NFL Bathinda”

Ref:    Your NIT No. NFB/ CIVIL  / CW - 35  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 “Repair of Roads  at NFL Bathinda”

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  03 ( THREE ) 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. 26,000.00 ( Rupees Twenty Six 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 - 35                                                   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  “Repair  of   Roads  at  NFL  Bathinda ” 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 “Repair of Roads  at NFL Bathinda”

Ref:    Our  NIT No. NFB/ CIVIL / CW – 35   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.  9.00 Lakh  OR

(ii)     Two similar completed works each costing not less than Rs. 11.26  Lakh  OR

(iii)     One similar completed work  costing   not less than Rs. 18.01  Lakh

3.   Definition of “similar work” means  :   Nature of work like Construction and maintenance of Roads / civil engineering works.

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. 11.26  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. 26000.00 (Rupees Twenty Six  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